2009-03-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 23, 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 7:44 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Steve Saboe
Others in attendance: Jon Branson Assistant City Manager; Jack Colbath Director of
Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge
Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of
Parks and Recreation; Fred Welch Executive Director of Economic Development
Corporation; Teresa Battenfield Assistant Project Director; Edward Grossenheider Park
and Building Maintenance Superintendent.
The invocation was given by Thomas Milbrath, Eagle Scout Troop No. 414, and the
Pledge of Allegiance was led by Colby Langan, Eagle Scout Troop No. 414.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported March 17, he attended the H -GAC monthly Board of Directors
Meeting and was interviewed by Dr. Leslie Hoey, Cornell University, on regional
Planning; March 18, joined City Manager Bill Eisen for the BAYTRAN Luncheon where
speaker Mark Ellis reported on Freight Rail Transportation; March 18 — 20, attended the
Texas Association Regional Council Board of Directors Meeting Quarterly Meeting in
Austin; March 23, visited with Joe Gonzales on Council Retreat topics.
Mayor Reid, City Manager Bill Eisen, Assistant City Manager Jon Branson, and Director
of Parks and Recreation Michelle Smith presented Ronnie Jones, Crew Leader, Parks
and Recreation, with the Full -Time Employee of the Quarter Award.
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Mayor Reid, City Manager Bill Eisen, Assistant City Manager Jon Branson, and Director
of Parks and Recreation Michelle Smith presented Jacob Reeder, Part -Time Ball Field
Attendant, Parks and Recreation, with the Part -Time Employee of the Quarter Award.
Mayor Reid, City Manager Bill Eisen, Assistant City Manager Jon Branson, and Director
of Parks and Recreation Michelle Smith presented Daniel Rodriguez, Part -Time Ball
Field Attendant, Parks and Recreation, with the Part -Time Employee of the Year,
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the North Brazoria County Education
Alliance Meeting and the Pearland Area Chamber of Commerce Luncheon. He stated
he also attended the Harris County Mayor and Council Meetings that he enjoyed.
Mayor Pro -Tem Beckman reported March 17, she attended the Ribbon -Cutting for the
Old Town Site, the Dare To Excel Rotary Scholarship Award Luncheon, and the Keep
Pearland Beautiful Board Meeting; March 18, she attended the Keep Pearland Beautiful
Committee Meeting and the BCCA Monthly Meeting in Surfside. She stated Saturday,
April 4, 2009, is the City Clean-up and this is the Saturday to go out and adopt a spot. If
a person would like to volunteer, they can go to the Pearland Recycle Center to join a
group. The School Environmental Fair is coming up March 31, 2009, that is put on by
the youth at the middle schools. The Pearland Parks and Recreation Department will
be hosting the second annual Trail Trekkers Event Saturday, April 18, at Centennial
Park and the first 30 Trekkers to arrive will receive a free T -Shirt. There will also be a
retirement party for Delores Fenwick of Keep Pearland Beautiful on March 24, 2009,
from 5:00 p.m. to 7:00 p.m.
Councilmember Kyle stated she will be attending the Paws in the Park Event on
Saturday, March 28, 2009, at 7:30 a.m. with her dog Abraham Lincoln and
recommended others attend for the fun. She stated this is the Election Season and
early voting begins April 27, 2009. She stated she will be running in the Election for
Council Position No. 4 and hopes to have everyone's support.
Councilmember Cole stated spring is here and there are a lot of activities, but he would
like to bring awareness of some legislation being filed in Austin that will bring better
education opportunities to Pearland. Senator Mike Jackson has filed Senate
Bill No. 1857 and he is asking everyone to learn about the issue and contact the
Senator to show their support of the Bill. Contrary to some opinions, Alvin Community
College will not lose anything they currently have from this bill passing, but the City of
Pearland will gain many benefits.
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CITY MANAGER'S REPORT
City Manager Bill Eisen stated he wanted to remind citizens they can drop paint and
other hazardous waste at the Pearland Recycle Center to be recycled.
CITIZENS None.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 16, 2009, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the March 16, 2009, Joint Public Hearings held at 6:30
p.m.
3. Minutes of the March 16, 2009, Regular Meeting held at 7:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-09 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, ON PLAT FILED FOR RECORD UNDER TRACT 1
WITH 2.0 ACRES AND TRACT 2 WITH 3.8897 ACRES OUT OF
RESERVE "A" IN THE REPLAT OF CORRIGAN ADDITION SECTION
1 (VOLUME 2, PGS 97-98 B.C.P.R) WEST SIDE PLAZA
SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 5070 W BROADWAY STREET, PEARLAND TX.),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-05), TO
PERMIT A CHURCH, IN THE NEIGHBORHOOD SERVICES (NS)
DISTRICT, AT THE REQUEST OF EDDIE L. GLADNEY, APPLICANT,
AND PEARLAND WESTSIDE ASSOCIATES, LTD., 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 adopt
Consent Agenda Items A through B as presented on the Consent Agenda.
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Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE CULLEN PARKWAY
DETENTION POND. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2009-40.
City Manager Bill Eisen stated Council recently awarded a bid for the construction of
Cullen Parkway and associated cost. To move the project ahead, the detention pond
facility was separated because of the rather time consuming environmental clearance
on the portion of the project. Thirteen bids were received with the low bidder being
Triple B Construction with a bid of $551,350.70. The company has worked with the City
on previous projects and Staff is recommending Council award the project to them
based on their bid.
Voting "Aye" Councilmembers Cole, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
FIRST READING OF ORDINANCE NO. 543-7 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE
CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING
REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Ordinance No. 543-7 on its first reading.
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City Attorney Darrin Coker stated this item pertains to minor changes in the Taxi Cab
Ordinance regarding the acceptance of City of Houston permits by the City of Pearland.
Mayor Pro -Tem Beckman asked how many taxi cab companies are currently permitted
within the City.
City Attorney Darrin Coker stated Yellow Cab is the currently the only cab company that
is permitted in Pearland.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2009-41 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR
CERTAIN UTILITIES. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2009-41.
City Manager Bill Eisen stated this item is a blanket electrical easement for the new
Public Safety Building. This will allow the electric company to install their electric lines
on the property consistent with the plan.
City Attorney Darrin Coker stated the limitations for the easement are described in the
Resolution.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2009-42 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH RESTROOM FACILITIES FOR
THE CENTENNIAL PARK EXPANSION. Mr. Ed Grossenheider, Park and Building
Maintenance Superintendent.
Page 5 of 7 — 3/23/2009
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2009-42.
City Manager Bill Eisen stated this item is the result of a bid process for a new restroom
facility for the Centennial Park Expansion Project. Three bids were received and Staff
recommends approving the purchase of a waterless vault style restroom from Romtec,
Inc. in the amount of $53,375.00.
Councilmember Kyle stated the cost between lowest and middle bids seems high for an
extra waterline and commode and asked for clarification on why cost was so much
higher.
Park and Building Maintenance Superintendent Ed Grossenheider stated the majority of
the cost increase is because of the type of restroom. The restroom will be a waterless
vault facility and a one -thousand gallon vault has to be installed underneath the facility.
The low bidder does not make the triple style restroom. Staff feels it is required for the
usage of the park.
Discussion ensued between Council and Park and Building Maintenance
Superintendent Ed Grossenheider regarding the project.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Motion Passed 4 to 0, with Councilmember Saboe absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:28 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH OTHON, INC. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney.
3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA
MARKET. Mr. Darrin Coker, City Attorney.
Page 6 of 7 — 3/23/2009
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 8:56 p.m.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH OTHON, INC. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
COLE'S FLEA MARKET. City Council.
City Attorney Darrin Coker stated this item was not discussed in Executive Session due
to an improper posting of the Agenda and will be moved to a future Agenda
ADJOURNMENT
Meeting was adjourned at 8:56 p.m.
Minutes approved as submitted and/or corrected this the 13th day of April, A.D., 2009.
ATTEST:
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Tom Reid
Mayor
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