2008-11-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 24, 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 7:36 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
City Attorney
Darrin Coker
Deputy City Secretary
Sonia Webb
Others in attendance: Jack Colbath Director of Fire Services; J.C. Doyle Police Chief;
Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Pat Riffel
Court Administrator; Teresa Battenfield, Assistant Projects Director; Bob Pearce
Purchasing Officer; Johnny Spires Assistant Police Chief; Skipper Jones Project
Manager; John Knight Information Technology Manager; Andrea Brinkley Project
Manager.
The invocation was given by Mayor Pro -Tem Helen Beckman and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported November 11, he joined Animal Control Supervisor Shari Coleman
to receive $1,000 from Scooters Ice House; November 12, attended the Adult Reading
Center Board of Directors Meeting, Judge Joe King's Tax Abatement Review
Committee, and spoke to the East Harris County Manufacturing Association; November
13, attended the Pearland Arts League Board of Directors Meeting, the Chamber
Ribbon Cutting for Solomon's Porch, and the Stars Over Texas Event at the San Jacinto
Monument; November 14, attended the Pearland Area Chamber Before Breakfast and
the City Planning Day for the Unified Development Code; November 17, attended the
Agenda Meeting, the Pearland Independent School District Educational Improvement
Committee, and the Council Workshop and Joint Public Hearings with the Planning and
Zoning Commission; November 18, attended the Houston Galveston Area Council
Monthly Board of Directors Meeting, met with United Way Staff at the Adult Reading
Center Facility, and joined Executive Director of Economic Development Fred Welch
and Pearland Area Chamber of Commerce Members at the Houston Port Alliance
Annual Awards Banquet; November 19, attended the Exchange Club One Nation Under
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God Breakfast, Executive Director of Economic Development Fred Welch's presentation
at the Pearland Area Chamber of Commerce Luncheon, and joined Mayor Pro -Tem
Helen Beckman and City Secretary Young Lorfing at the Brazoria County Cities
Association Meeting; November 20, attended the Pearland Area Chamber Leadership
Council Meeting, the City of Pearland Thanksgiving Luncheon, the Gulf Coast Water
Authority Board of Directors Meeting, attended the Joint Workshop with City Council
and Pearland Independent School District, and spoke at the Neighborhood Center ESL
Class; November 21, attended the Monthly Houston Galveston Area Council
Transportation Policy Council Board of Directors Meeting; November 22, spoke at the
Cypress Village Playground Construction Event.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens and Saboe passed on giving a report.
Mayor Pro -Tem Beckman reported she attended Recycle Day and it was very
successful. She also attended the Cypress Village Playground Construction Event and
was very pleased with the work that was done by the Parks and Recreation Department
and the citizens in the community for the project, the Planning Day for the Planning and
Zoning Department, and the Pearland Area Chamber of Commerce Luncheon. The
Tour d Lites will be held December 13, 2008 and will be a lot of fun.
Councilmember Kyle stated the City Tree Lighting will be held Friday, December 5,
2008. She stated there has been a lot of good news regarding the new Congressman
Pete Olson and was able to attend a thank you dinner for Mr. Olson.
Councilmember Cole stated he attended the Greater Houston Builders Association
Luncheon where a person from the Federal Reserve Bank in Dallas, TX presented a
forecast on the Economy on a global and local scale and the information was very
interesting. He also attended the Pearland Area Chamber of Commerce luncheon
where Executive Director of Economic Development Fred Welch presented a very
informative presentation regarding the Economic Development Corporation.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated City Council and the Pearland Independent School
District met to discuss responses to Hurricane Ike and to discuss future emergency
planning. Mr. Eisen stated the Tree Lighting will be Friday, December 5, 2008, the
Christmas Parade will be Saturday, December 6, 2008, and there will be several other
events going on through the month
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CITIZENS
Biao Jin, 2602 Sunfish Drive, addressed Council and stated he does not feel the
calculation for the utility billing is fair to everyone in the City. Mr. Jin provided Council
with the reasons he feels the calculation is not fair and stated he will contact Staff to
discuss the issue further.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 27, 2008, Regular Meeting held at 7:30
p.m.
2. Minutes of the November 3, 2008, Special Meeting held at 6:00
p.m.
3. Minutes of the November 10, 2008, Regular Meeting held at 7:30
p.m.
4. Minutes of the November 17, 2008, Special Meeting held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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. Mike Hodge,
Assistant City Manager.
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C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS
PURCHASING CONTRACT FOR THE PURCHASE OF
COMPUTERS. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF
TOM HODGES, POSITION NO. 2, TO SERVE ON THE CIVIL
SERVICE COMMISSION FOR A 3 -YEAR TERM EXPIRING
NOVEMBER 1, 2011. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through D as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2008-151 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LINEBARGER,
GOGGAN, BLAIR, & SAMPSON, LLP FOR TAX COLLECTION SERVICES.
Mr. Darrin Coker, City Attorney.
Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-151.
City Manager Bill Eisen stated this item is a proposed extension of an existing contract
with Linebarger, Goggan, Blair, & Sampson, LLP for tax collection services which
expires at the end of the year. The proposed agreement is a two-year agreement.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2008-149 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED
WITH THE MAGNOLIA ROAD EXPANSION PROJECT (PHASE III).
Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2008-149.
City Manager Bill Eisen stated this item pertains to construction management services
on the western most segment of Magnolia Road. The proposed firm is ESPA Corp and
they have been used on previous projects.
Councilmember Saboe stated he would like to verify the contractor has not forgotten
about the issue of trust and interfacing with the community. He stated he would like
there to be daily inspections of the work site performed to be aware of issues affecting
the community and based on past experience with ESPA Corp, he does not feel there
will be a problem.
Jerry Sowells, ESPA Corp, stated he understands ESPA Corp has a responsibility to
the community and will accept that responsibility.
Councilmember Cole stated he agrees with Councilmember Saboe and he feels the
most important piece of the responsibility to the community is keeping the jobsite clean
and communicating with citizens.
Jerry Sowells, ESPA Corp, stated ESPA Corp and its subcontractors work hard to keep
the jobsites clean.
Voting "Aye" Councilmember Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-150 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE CULLEN ROAD PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2008-150.
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City Manager Bill Eisen stated this item is an agreement with Kinder Morgan Pipeline for
the relocation of utility line associated with the Cullen Road Project. The City is
responsible for approximately $680,000 or twenty -percent of the relocation cost.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-148 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE
OF A PUBLIC SAFETY INTEGRATED SOFTWARE SYSTEM. Mr. Bill Eisen, City
Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-148.
City Manager Bill Eisen stated the current software used by the Police and Municipal
Court is approximately twelve years old. Technology has changed and the City has
grown to the point that it has outgrown the current software. Mr. Eisen stated the
current software also offers no option for sharing information in an efficient manner.
The City received only one bid, but the bid was carefully reviewed by Staff and it is
recommended Council approve the Resolution.
Police Officer Hersh Hoaglan provided Council with a brief overview of the proposed
software.
Councilmember Cole asked if the proposed software would improve anything for the
police officers.
Police Officer Hersh Hoalgan stated the software will make it easier for the officers to
submit a report while in the field and allow Supervisors to approve the reports.
Councilmember Saboe stated the maintenance fee is significant and asked if the
contract is authorizing fees beyond the first year.
Police Officer Hersh Hoalgan stated the contract is setup to phase the maintenance
fees in over five years.
Discussion ensued between Council and Police Officer Hersh Hoaglan regarding the
Public Safety Integrated Software System.
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Councilmember Saboe stated he is not very comfortable with the maintenance fee as it
has been presented. The amount of money is substantial and the explanation of what it
entails has not been presented in a clear manner.
Discussion ensued between Council, City Manager Bill Eisen, Information Technology
Manager, and Police Officer Hersh Hoaglan regarding the Public Safety Integrated
Software System.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 716-1 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 21, OIL AND GAS, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
ADOPT A NEW ARTICLE IV, ENTITLED GEOPHYSICAL/ SEISMIC TESTING;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Item passed, no action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2008-152 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DENYING THE RATE INCREASE
PROPOSED BY TEXAS -NEW MEXICO POWER COMPANY ("TNMP"); FINDING
THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND
DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2008-152.
City Attorney Darrin Coker stated Council previously suspended the rate increase
requested by Texas New Mexico Power. The suspension of the rates will be expiring
December 22, 2008, and it would be imperative for the Council to deny the rate.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:27 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH TRAFFIC
ENFORCEMENT. Mr. Darrin Coker, City Attorney.
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:10 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
TRAFFIC ENFORCEMENT. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:11 p.m.
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Minutes approved as submitted and/or corrected this the 8th day of December, A.D.,
2008.
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Tom Reid
Mayor
ATTEST:
Page 9 of 9 —11 /24/2008