2008-11-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 10, 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 7:40 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Helen Beckman
Woody Owens
Steve Saboe
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young LorFing
Others in attendance: Jon Branson Parks and Recreation Director; Jack Colbath
Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike
Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City
Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred
Welch Executive Director of Economic Development Corporation; Teresa Battenfield
Assistant Project Director.
The invocation was given by Councilmember Saboe and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported October 28, he attended the Ground Breaking for the ZT Office
Complex; October 28 — 31, attended the Texas Municipal League Annual Conference in
San Antonio, Texas; November 3, attended the Agenda Meeting and Council Workshop
and Special Meeting, presented a Proclamation on Municipal Court Clerk Week to the
Court Staff, and Chaired the Development Authority of Pearland Meeting; November 5,
joined City Manager Bill Eisen for the Brazoria County Economic Alliance Annual
Meeting and attended the HGAC and Transportation Policy Committee Public Meeting
on the TIP Addition; November 6, met with North Brazoria County Education Alliance
Boardmembers, attended the Pearland Area Chamber of Commerce Ribbon -Cutting for
Crystal Hardison & Associates and the Red Robin Restaurant, and attended the South
East Shrine Club Monthly Meeting; November 7, spoke at the HGAC Small Cities
Planning Conference and attended Assistant City Manager Nick Finan's going away
party; November 8, attended the First Methodist Church Craft Fair, the Funeral Services
for Henry Stanaland, the Festival of Lights at the Sri Meenakshi Temple, and spoke at
the Troop No. 464 Eagle Scout Court of Honor.
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Mayor Reid and Mayor Pro -Tem Helen Beckman presented a proclamation to Shirley
Lemons proclaiming November 9 - 15, 2008 as "Association of Perioperative Nurse
Week."
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Texas Municipal League Annual
Conference.
Councilmember Saboe stated he would like to thank all the employees and volenteers
that helped in the community after Hurricane Ike and that he is happy to hear it will be
ending sometime soon.
Mayor Pro -Tem Beckman passed on giving a report.
Councilmember Kyle stated she would like to highlight the Parks and Recreation
Department and all the positive feedback she gets from the events they administer. The
Trick -or -Treat Trail was a success and she was told how wonderful City Staff was
during the event.
Councilmember Cole stated Henry Stanaland passed away in a tragic accident a week
ago tonight. He was a true friend to the City and he will be missed.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Parks and Recreation Department designed two
small play areas in the Cypress Village Subdivision with the input of children that live in
the area. The grand opening of the playgrounds will be on November 22, 2008.
CITIZENS
Damon Grier, 4501 Cornerstone Street, addressed Council and stated he lives in the
Cobblestone Community and the back of his house is on Veterans Drive. The
Cobblestone Community is excited about the Street Widening Program, but is
concerned about the noise pollution and would like to see a sound pollution barrier
installed to prevent the issue.
Sandra Davis, 3501 Stonegate Circle, addressed Council and stated her backyard
backs up to the intersection of Magnolia Road and Veterans Drive. She would like to
request a concrete barrier be installed along the road to help with noise pollution and
protect the children playing in the backyards of the residents.
Page 2 of 8 — 11/10/2008
Joanna liams, 3502 Stonegate Circle, addressed Council and stated her house backs
up to Magnolia Road and, with the expansion of the road, the traffic has increased
tremendously. She would like to see something done to counter the noise pollution and
protect the children playing in the backyards from possible traffic accidents coming into
their yards.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 6, 2008, Special Meeting held at 6:00 p.m.
2. Minutes of the October 13, 2008, Regular Meeting held at 7:30
p.m.
3. Minutes of the October 20, 2008, Special Meeting held at 6:00
p.m.
4. Minutes of the October 20, 2008, Joint Public Hearings held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR
PRO -TEM HELEN BECKMAN'S ABSENCE FROM THE OCTOBER
27, 2008, REGULAR COUNCIL MEETING. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF BILL SLOAN, POSITION NO. 2, AND ED
BAKER, POSITION NO. 4, TO SERVE ON THE DEVELOPMENT
AUTHORITY OF PEARLAND FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2010. Mayor Tom Reid.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF GARY COOK, POSITION NO. 4, AND KEN
PHILLIPS, POSITION NO. 5, TO SERVE ON THE TAX INCREMENT
REINVESTMENT ZONE NO. 2 FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2010. Mayor Tom Reid.
E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DARRELL DIGGS, POSITION NO. 2, AND
JERRY KOZA JR., POSITION NO. 7, TO SERVE ON PLANNING AND
ZONING COMMISSION FOR A 3 -YEAR TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
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F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF VIRGIL GANT, POSITION NO. 2, ED
THOMPSON, POSITION NO. 4, AND GARY IDOUX, POSITION NO.
6, TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1,
2010. Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DALE PILLOW, POSITION NO. 1, DON
GLENN, POSITION NO. 3, WILLARD BRILEY, POSITION NO. 5, AND
SHANNON MCAULIFFE, ALTERNATE POSITION NO. A3, TO
SERVE ON THE ZONING BOARD OF ADJUSTMENTS FOR A 2 -
YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid.
Mayor Reid asked that Consent Agenda Item B be removed from the Consent Agenda
for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through F with the exception of item B, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Reid Consent Agenda Item B was removed for further
discussion.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR
PRO -TEM HELEN BECKMAN'S ABSENCE FROM THE OCTOBER
27, 2008, REGULAR COUNCIL MEETING. City Council.
Councilmember Owens made the motion, seconded by Councilmember Cole, to Excuse
Mayor Pro -Tem Helen Beckman's absence from the October 27, 2008, Regular Council
Meeting.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 4 of 8 —11 /10/2008
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM THE TABLE ORDINANCE NO. 1365.
This item was passed to a future agenda.
FIRST AND ONLY READING OF ORDINANCE NO. 1365 — ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 2008A; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING
THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF
THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING
OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED
THERETO; AND DECLARING AN EMERGENCY. Mr. Biil Eisen, City Manager.
This item was passed to a future agenda.
FIRST READING OF ORDINANCE NO. 2000M-59 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY,
LOCATION BEING 1.224 ACRES, OUT OF LOT 47, FIGLAND ORCHARD
SUBDIVISION NUMBER ONE, ACCORDING TO THE PLAT THEREOF, AS FILED IN
VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, H.T. & B. R.R. CO.
SURVEY, ABSTRACT NUMBER 240, AND F.B. DRAKE SURVEY, ABSTRACT
NUMBER 509, PEARLAND, BRAZORIA COUNTY, TEXAS (5510 MAGNOLIA ROAD),
(ZONE CHANGE APPLICATION NO. 2008-17Z), FROM CLASSIFICATION SINGLE
FAMILY ESTATE DISTRICT (R -E) TO SINGLE-FAMILY RESIDENTIAL -1 DISTRICT
(R-1), AT THE REQUEST OF RANDY AND DEANNA PATRO, APPLICANT AND
OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem
Beckman, to approve Ordinance No. 2000M-59 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2008-17Z.
City Manager Bill Eisen stated this item is a proposed zone change from Single Family
Estate District (R -E) to Single Family Residential (R-1). The applicant is stating the
request is primarily to make the property match the zoning of the surrounding property.
Page 5 of 8 — 11/10/2008
Planning Director Lata Krishnarao stated the accessory building recently built on the
property will be connected to the existing residence located on the property.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-143 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ARCHITECTURAL SERVICES ASSOCIATED WITH FIRE STATION NUMBER 5.
Mr. Trent Epperson, Project Director.
Councilmember Mayor Pro -Tem Beckman made the motion, seconded by
Councilmember Saboe, to approve Resolution No. R2008-143.
City Manager Bill Eisen stated this item is a consideration of architectural services for
Fire Station No. 5 that will be located at Kirby Drive south of Broadway. The firm being
proposed is not the same firm that did the preliminary work.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-144 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
PIPELINE RELOCATION SERVICES ASSOCIATED WITH THE ORANGE STREET
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2008-144.
City Manager Bill Eisen stated this item has been previously discussed in the Project's
update and is an agreement that pertains to the modifications required to the Seminole
pipeline.
Project Director Trent Epperson stated the pipeline is encased but only to the existing
right-of-way and this project will extend the casing.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Page 6 of 8 — 11/10/2008
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-145 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
THE ENVIRONMENTAL REMEDIATION OF CITY FACILITIES. Mr. Trent Epperson,
Project Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to discuss
Resolution No. R2008-145.
City Manager Bill Eisen stated the City has received another quotation since this item
was provided to Council. The quotation received was below $50,000 and does not
require Council action. The vendor was able to submit a bid after the biding date
through another mechanism that allows the bid to be submitted at a different time.
After the discussion, Councilmember Cole withdrew his motion seconded by
Councilmember Saboe with no Council action taken.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:10 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:15 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. City Council.
No action taken by Council.
Page 7 of 8 — 11/10/2008
ADJOURNMENT
Meeting was adjourned at 9:16 p.m.
Minutes approved as submitted and/or corrected this the 24th day of November, A.D.,
2008.
4 lt-kl
Tom Reid
Mayor
ATTEST:
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