2008-09-15 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 15, 2008, AT 7:30 P.M., IN
THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF
PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 8:10 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
Young Lorfing
Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron
Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief;
Trent Epperson Project Director; Nick Finan Assistant City Manager; Roland Garcia Fire
Marshal; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard
Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive
Director of Economic Development Corporation; June Ellis Budget Officer; Johnny
Spires.
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported September 9, he met with Alvin Community College
Representatives and attended the Bay Area Houston Transportation Partnership
(BayTran) Monthly Business Luncheon; September 10, met with Trees for Pearland
Committee and attended the Adult Reading Center Annual Retreat; September 11 — 14,
Hurricane Ike preparation and Recovery.
Recognition of the Employee of the Quarter, Lynn Baker, Public Works Department was
passed to a future Agenda.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Saboe, Beckman, Kyle, and Cole passed on giving a report.
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CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the August 25, 2008, Special Meeting (Benefit Trust)
held at 6:30 p.m.
2. Minutes of the August 25, 2008, Regular Meeting held at 7:30
p.m.
3. Minutes of the September 8, 2008, Special Meeting held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1356 — AN APPROPRIATION
ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2008 AND ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND
ENDING SEPTEMBER 30, 2009. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1350 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY
RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY,
TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF RUSSELL MILAM TO SERVE IN POSITION
NO. 2 ON THE BUILDING / FIRE CODE BOARD OF ADJUSTMENTS
FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
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E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DELORES FENWICK, POSITION NO. 3,
MICHELLE LEGGETT, POSITION NO. 4, AND JOEL GUTIERREZ JR,
ALTERNATE POSITION Al TO SERVE ON THE CHANNEL REVIEW
BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF RON BAVARIAN, POSITION NO. 1, AND
ROBERT KETTLE, POSITION NO. 3, TO SERVE ON THE
ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER
1, 2010. Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF VICKY PREBLISKY TO SERVE IN POSITION
NO. 1 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF EDWARD J. MILLER SR, POSITION NO. 3,
AND THOMAS GIBBS, POSITION NO. 6, TO SERVE ON THE
PARKS AND RECREATION BOARD FOR A 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE JULY
14, 2008, REGULAR COUNCIL MEETING. City Council.
Councilmember Owens asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through I with the exception of item I, as presented on the
Consent Agenda.
MATTERS REMOVED FROM CONSENT AGENDA
1. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE JULY
14, 2008, REGULAR COUNCIL MEETING. City Council.
Item passed to future Agenda due to incorrect date.
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NEW BUSINESS
FIRST READING ORDINANCE NO. 1357 — AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND
OF THE TAXABLE YEAR 2008. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1357 on its first reading and that property taxes be increased by
the adoption of tax rate $0.6526/$100 property value.
City Manager Bill Eisen stated this item was the subject of the Public Hearing held
earlier and adopts the new Tax Rate for 2009. To be consistent with State Law the
motion must be made with specific wording.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-128 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM (2009-2013).
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-128.
City Manager Bill Eisen stated this item is the adoption of the five-year Capital
Improvement Program that has been previously reviewed by City Council.
Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-129 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PURCHASE OF PIPE. Mr. Bill Eisen, City Manager.
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COUNCIL ACTION — RESOLUTION NO. R2008-126 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS ("CITY") AUTHORIZING A
SUSPENSION OF THE EFFECTIVE DATE OF THE TEXAS -NEW MEXICO POWER
COMPANY'S RATE INCREASE AND THE INTERVENTION IN THE PUBLIC UTILITY
COMMISSION DOCKET NO. 36025; AUTHORIZING PARTICIPATION IN A
COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TEXAS -NEW
MEXICO POWER MUNICIPALITIES ("ATM"); AUTHORIZING PROVISION OF
EXPERTS AND LEGAL REPRESENTATION; FINDING THAT THE MEETING
COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS
AS ARE RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
COUNCIL ACTION — RESOLUTION NO. R2008-127 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON
AREA COUNCIL 2009 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Mayor Tom Reid.
COUNCIL ACTION — RESOLUTION NO. R2008-130 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE ORANGE STREET
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-129, R2008-126, R2008-127, R2008-130.
Councilmember Cole asked who will be appointed to the Houston -Galveston Area
Council 2009 General Assembly and Board of Directors.
Mayor Reid stated he will be the Representative and Mayor Pro -Tem Beckman will be
the Alternate Representative.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed to 0.
FIRST READING OF ORDINANCE NO. 1358 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORGANIZING NON -
DEVELOPMENT USAGE AND SERVICE FEES IN ONE ORDINANCE TO IMPROVE
CUSTOMER SERVICE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Page 5 of 6 — 9/15/2008
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1358 on its first reading.
City Manager Bill Eisen stated this item is an Ordinance which establishes fees for
various services provided by the City for non -development related items and services
that are not passed by separate actions from Council.
Director of Finance Claire Bogard stated this Ordinance combines various non -
development fees into one Ordinance. Parks and Recreation will be adding their fees to
this Ordinance at a later date.
Deputy City Attorney Nghiem Doan stated Animal Control will also be updating their
fees at a later date.
Councilmember Cole asked if it would be better to combine all fees into one Ordinance
for all services including development fees.
Deputy City Attorney Nghiem Doan stated combining all the fees into one Ordinance;
however, because developmental fees include other items such as impact fees, it was
decided to have separate Ordinances.
Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned 8:23 p.m.
Minutes approved as submitted and/or corrected this the 27th day of October, A.D.,
2008. r—,
Tom Reid
Mayor
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