2009-01-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 26, 2009, 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 8:00 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; Paul Jamison Fire Chief; Narciso Lira City Engineer;
Claire Bogard Finance Director; Teresa Battenfield Assistant Project Director; Bob
Pearce Purchasing Officer; Jennifer Lee Project Manager; June Ellis Budget Officer.
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 January 13, he met with Pearland Economic Development
Corporation on industrial candidates; January 14, attended State Representative Mike
O'Day's Thank You Breakfast, the BAYTRAN Luncheon For TxDOT Engineer Delvin
Dennis, and the Houston Port Economic Alliance Executive Committee Meeting;
January 15, attended the Chamber Leadership Council, Mayor White's State Of The
City Luncheon, and the Gulf Coast Water Authority Board of Directors Meeting; January
16, met with Metro regarding long range planning; January 17, attended the Pearland
Fire Department Annual Awards Banquet; January 19, attended the Agenda meeting,
Council Workshop, and the Joint Public Hearings with the Planning and Zoning
Commission; January 20, attended the Old Townsite Coalition Meeting and the H -GAC
Board of Directors Meeting; January 21, attended the State of the City Planning Meeting
and the Brazoria County Cities Association in Sweeney; January 22 attended the City
Employee Service Award Luncheon, the BAYTRAN Executive Committee Meeting, and
the Pearland Economic Development Corporation Reception for TxDOT District
Engineer Delvin Dennis; January 23, attended the H -GAC Transportation Policy Council
Board of Directors Meeting and met with Fort Bend County Precinct No. 1
Page 1 of 13 — 1/26/2009
Commissioner Richard Morrison; January 24, spoke at the Eagle Scout Court of Honor
and tossed the coin for the Battle of the Badges Football Game.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens and Saboe passed on giving a report.
Mayor Pro -Tem Beckman reported January 14, she participated in the Regional Airport
Survey and Pearland Economic Development Corporation Industry Tour; January 15,
attended the Parks, Recreation, and Beautification Board Meeting; January 16,
distributed trees at the Keep Pearland Beautiful Arbor Day Event; January 16, attended
the Pearland Fire Department Awards Banquet; January 21, attended the Brazoria
County Cities Association Meeting in the City of Sweeney; January 22, attended the
Ribbon -Cutting for the Community National Bank and the Pearland Economic
Development Corporation Reception for TxDOT District Engineer Delvin Dennis;
January 23, attended the Pearland High School production of "Damn Yankees."
Councilmember Kyle reported she attended the State of the City Address by Mayor Bill
White. The presentation was inspirational and directly on point with many of the issues
and opportunities that are being faced today because of the economy. She stated she
attended the Pearland Fire Department Awards Banquet which was exciting and
entertaining.
Councilmember Cole stated he attended most of the events attended by the Mayor and
other Councilmembers. He also attended the Grand Opening for the Community
National Bank. The Bank has a conference room that is available for after-hours use
free of charge. Brazoria County Day and Pearland Day in Austin are nearing and he
wanted to point out that the City of Pearland will be asking for a dual service area for
Alvin Community College and San Jacinto College. A dual service area would allow
Pearland residents access to two community colleges that they could choose to attend
and have more curriculum options.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated the City is conducting a survey of citizens with regard to
specific services within the City. The survey will be conducted by telephone and include
a sampling of citizens. He would appreciate it everyone that is contacted participated in
the survey.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
Page 2 of 13 — 1/26/2009
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the November 17, 2008, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the January 5, 2009, Special Meeting held at 6:00 p.m.
3. Minutes of the January 12, 2009, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1220-1 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 9 Y2, EMERGENCY MEDICAL SERVICES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO
EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF MR. QUENTIN WILTZ TO POSITION NO. 1 ON
THE PARKS AND RECREATION AND BEAUTIFICATION BOARD
FOR AN UNEXPIRED TERM EXPIRING NOVEMBER 1, 2010. Mayor
Tom Reid.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-26 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND
BEING LOT 9, BLOCK "F", OF THE TOWN OF PEARLAND,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 29, PAGE 41 OF THE DEED
RECORD OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2117
NORTH HOUSTON AVENUE), CONDITIONAL USE PERMIT
APPLICATION NO. CUP2009-01, TO PERMIT A GARAGE IN OLD
TOWNSITE MIXED USE (OT -MU) DISTRICT, AT THE REQUEST OF
WILLIAM AND MARJORIE BALDY, APPLICANTS AND OWNERS,
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE
Page 3 of 13 —1 /26/2009
NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Mike Hodge, Assistant City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-27 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, BEING 6.1198 ACRE TRACT OF LAND AS CONVEYED
TO DENNIS J. WALTERS AND WIFE VICKI Z. WALTERS BY
WARRANTY DEED WITH VENDOR'S LIEN DATED MAY 20, 1986
AND FILED FOR RECORD UNDER VOLUME 86-280, PAGE 474 OF
THE BRAZORIA COUNTY DEED RECORDS, AND ALSO BEING A
PORTION OF LOT 7 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION AS SHOWN ON PLAT FILED FOR
RECORD UNDER VOLUME 2, PAGE 23 OF THE BRAZORIA
COUNTY PLAT RECORDS (LOCATED AT 1709 STONE ROAD),
CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-03, TO
PERMIT A CELLULAR COMMUNICATIONS TOWER, IN SUBURBAN
RESIDENTIAL — 12 (SR -12) DISTRICT, AT THE REQUEST OF
VERIZON WIRELESS, APPLICANT, AND DENNIS & VICKI
WALTERS, OWNERS, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
F. CONSIDERATION AND POSSIBLE ACTION FIRST AND ONLY
READING OF ORDINANCE NO. 1374 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
Page 4 of 13 — 1/26/2009
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2009-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE SALE OF CERTAIN
REAL PROPERTY IN ACCORDANCE WITH LOCAL GOVERNMENT
CODE, SECTION 272.001. Mr. Darrin Coker, City Attorney.
Councilmember Saboe asked that Consent Agenda Item E, Ordinance No. 2000CUP-
27, 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 G with the exception of item E, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Saboe, Consent Agenda Item E, Ordinance No.
2000CUP-27, was removed for further discussion.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-27 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, BEING 6.1198 ACRE TRACT OF LAND AS CONVEYED
TO DENNIS J. WALTERS AND WIFE VICKI Z. WALTERS BY
WARRANTY DEED WITH VENDOR'S LIEN DATED MAY 20, 1986
AND FILED FOR RECORD UNDER VOLUME 86-280, PAGE 474 OF
THE BRAZORIA COUNTY DEED RECORDS, AND ALSO BEING A
PORTION OF LOT 7 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION AS SHOWN ON PLAT FILED FOR
RECORD UNDER VOLUME 2, PAGE 23 OF THE BRAZORIA
COUNTY PLAT RECORDS (LOCATED AT 1709 STONE ROAD),
CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-03, TO
PERMIT A CELLULAR COMMUNICATIONS TOWER, IN SUBURBAN
RESIDENTIAL — 12 (SR -12) DISTRICT, AT THE REQUEST OF
VERIZON WIRELESS, APPLICANT, AND DENNIS & VICKI
Page 5 of 13 — 1/26/2009
WALTERS, OWNERS, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 2000CUP-27 on its first and only reading.
City Manager Bill Eisen stated this item is a Conditional Use Permit request for a
cellular communications tower at 7209 Stone Road. The Planning and Zoning
Commission voted six to zero to deny the request.
Councilmember Saboe stated he does not think it is appropriate for a Conditional Use
Permit that has been denied by the Planning and Zoning Commission to be included on
the Consent Agenda. He stated he was not present at the Joint Public Hearing for this
item and asked for clarification on why the item was denied by the Planning and Zoning
Commission.
Councilmember Beckman stated the item was denied because of a height issue.
Assistant City Manager Mike Hodge stated the study that was commissioned in order to
review the availability of other towers in the area was over two years old. The applicant
had not obtained current information and it is believed there are two other towers in the
area that could be utilized. The Planning and Zoning Commission discussed the
options of the applicant utilizing the other towers available and possible screening
options for the proposed tower.
Councilmember Owens stated he is concerned that the applicant only wants to do a
chain link fence with barbwire across the top.
Councilmember Cole stated it was his understanding that the applicant requested the
Planning and Zoning Commission deny the application and he would submit a new
application with the requested items. He understands the need for these types of
towers and the need will increase over time. He is concerned about the fact that the
applicant did not review the City's requirements prior to submitting his application and
he will support the recommendation of the Planning and Zoning Commission.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
the application.
Voting "Aye" None
Page 6 of 13 — 1/26/2009
Voting "No" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Motion Failed 5 to 0.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 1365 ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 2009; 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. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem
Beckman, to approve Ordinance No. 1365 on its first and only reading.
City Manager Bill Eisen stated this item is the sale of Water and Sewer System
Revenue Bonds. The City had originally planned to sell these bonds in October 2008,
but due to unfavorable market conditions the sale had been postponed.
Frank Ildebrando, RBC Capital Markets, stated the approval of this item would authorize
the sale of $13,130,000 in Water and Sewer Revenue Bonds for Bond Series 2009.
This sale was postponed from October 2008, with very favorable results. Mr.
Ildebrando provided Council with an overview of the financial market and the proposed
Bond Sale.
City Manager Bill Eisen stated part of the material received by Council is part of a rating
report received from Fitch Ratings. The rating company rated the City of Pearland at an
"A+" because it was their first exposure to the City.
Discussion ensued between Council and Frank Ildebrando, RBC Capital Markets,
regarding the Bond Sale.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 13 — 1/26/2009
FIRST READING OF ORDINANCE NO. 1376 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY'S
PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO
THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT
CODE (ACT), DESIGNATING A LIAISON FOR COMMUNICATION WITH
INTERESTED PARTIES, AND NOMINATING NEELA, INC. TO THE OFFICE OF THE
GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE
ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT
(PROJECT). Mr. Kyler Cole, Old Townsite ED Coordinator.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1376 on its first reading.
City Manager Bill Eisen stated this item was the subject of the Public Hearing held
earlier this evening. Approving the item would nominate Neela, Inc. as an enterprise
project to allow it to be eligible for certain benefits from the State.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1375 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING SPECTRUM BLVD AS
WATER LIGHTS PARKWAY; CONTAINING A REPEALER CLAUSE. Mr. Narciso Lira,
City Engineer.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 1375 on its first reading.
City Manager Bill Eisen stated there is a road in the Spectrum area that branches off of
the SH 288 southbound frontage road. The road is currently designated in all City plans
as Spectrum Boulevard. Because the WaterLights Project is underway in the area and
has received a lot of favorable publicity, they have requested the street be renamed as
WaterLights Parkway. This item would approve the name change for the section of the
road between Kirby Drive and SH 288.
Councilmember Saboe asked if the Parkway designation is consistent with other roads
in the area.
City Manager Bill Eisen stated this road is not consistent with roads that are typically
designated as Parkways, but the developer has requested the name WaterLights
Parkway.
Page 8 of 13 — 1/26/2009
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
FOR CONSTRUCTION OF A PORTION OF WATER LIGHTS PARKWAY.
Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2009-15.
City Manager Bill Eisen stated the Council has recently indicated their willingness to
participate with the developer of WaterLights for the City to provide funding for two
lanes of WaterLights Parkway. The agreement states the Developer will provide
management for the project.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1356-1 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1356, THE 2008-2009 ANNUAL BUDGET ORDINANCE, BY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY
BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1356-1 on its first and only reading.
City Manager Bill Eisen stated the Finance Department has provided Council with a
detailed summary of carryovers from prior year's budget. This item proposes that the
current budget be amended with the cost of those various carryovers.
Page 9 of 13 — 1/26/2009
Councilmember Saboe stated this could be an opportunity to review the items being
carried over and establish if they are really necessary projects. There is also the
opportunity to possibly utilize these funds for other projects that are more of a priority.
City Manager Bill Eisen stated this is an excellent time to review the list and each item
was discussed regarding the necessity for the funds to be carried over.
Discussion ensued between Council, City Manager Bill Eisen, and Finance Director
Claire Bogard regarding the carryover items.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-12 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO QUIET ZONE CROSSING
AGREEMENT WITH BNSF RAILROAD. Mr. Trent Epperson, Project Director.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-12.
City Manager Bill Eisen stated this agreement provides for the City to provide funding
for certain improvements to the railroad crossing at Orange Street and will be
incorporated into the Orange Street Widening Project. The improvements would make
it essentially impossible for vehicles to go around the crossing arms at the location and
increase the safety of the intersection. The result of the improvements will be that the
trains going through the intersection will no longer sound their horn as a warning.
Discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent
Epperson regarding options for quiet zones at intersections within the City.
Councilmember Cole asked if the City would be doing the installation or BNSF Railroad.
Project Director Trent Epperson stated BNSF Railroad would install the wider crossing
panels and the required medians would be the City's cost and are included in the road
projects.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Page 10 of 13 — 1/26/2009
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-13 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF PATROL VEHICLES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-13.
City Manager Bill Eisen stated this item is a carryover from a previous consideration by
Council for the purchase of a group of vehicles. The Council had asked Staff to
complete the standardized bid process to allow local companies an opportunity to bid
for the vehicles. There is a concern regarding completing the bid process for the Police
vehicles because of the time it takes to complete the process. The Police Department
has also standardized the vehicle that is purchased for officers. This item would
authorize the purchase of police vehicles only.
Councilmember Owens asked what type of cost is associated with equipping police
vehicles once they are received.
Police Chief J.C. Doyle stated the cost to equip a police vehicle is approximately $7000,
but the City attempts to move equipment from the old vehicle to the new vehicle
whenever possible. The benefit to having a standardized vehicle is that maintenance
employees become more familiar with the vehicle and Police Officers will be familiar
with operating any vehicle in the patrol fleet.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-11 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONSTRUCTION MANAGEMENT
AND INSPECTION AGREEMENT FOR THE BELTWAY 8/SH 288 UTILITIES
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2009- 11.
Page 11 of 13 — 1/26/2009
City Manager Bill Eisen stated the City is nearing the completion of the design of the
utility project of water and sewer installation along the east side of SH 288 and the
south side of Beltway 8. This item is an agreement with Omega Engineers, Inc. for
construction management services in the amount of $228,724.90.
Councilmember Owens stated the City has never used Omega Engineers, Inc. and
asked how staff felt about the firm.
Assistant Project Director Teresa Battenfield stated she feels comfortable with the firm's
ability to complete the project.
Discussion ensued between Council, Finance Director Claire Bogard, and Project
Director Trent Epperson regarding the agreement.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE CULLEN PARKWAY
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2009-16.
City Manager Bill Eisen stated this item relates to an agreement with Monument
Pipeline for the relocation of a gas line that is located in the Cullen Parkway right-of-
way. The two parties have reached an agreement that requires the City to pay twenty-
five percent of the cost for the relocation in the amount of $93,750.
Councilmember Beckman asked if the relocation of the pipeline would run the entire
distance of Cullen Parkway or just in the immediate project.
Project Director Trent Epperson stated the pipeline runs perpendicular to the roadway
so the relocation is only for the immediate project.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 12 of 13 — 1/26/2009
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE 2009 CHARTER
REVIEW COMMISSION. Mayor Tom Reid.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to appoint
Paul Knoble to the Charter Review Commission.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid stated he appoints Larry Marcott as the Chair of the Charter Review
Commission.
ADJOURNMENT
Meeting was adjourned at 9:20 p.m.
Minutes approved as submitted and/or corrected this the 9th day of February, A.D.,
2009.
Tom Reid
Mayor
ATTEST:
• • • i VA , �1
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