2009-08 -10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 10, 2009, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:44 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Felicia Kyle
Woody Owens
Scott Sherman
Steve Saboe
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public
Works Director; 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; Jeff Sundseth EMS
Operations Director; Fred Welch Executive Director of Economic Development
Corporation; Meg McNulty Utility Billing Supervisor; Municipal Court Administrator
Patricia Riffel; Police Captain Jay Chapman; Police Captain Thomas Moncrief; Public
Affairs Manager Mattie Culver; .
The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported July 28, he attended the funeral service for Father Leroy Braden of
the St. Helen Catholic Church and the Rotary Club Annual Pig Skin Preview Luncheon;
July 29, attended the Houston Port Economic Alliance Board of Directors Meeting; July
30, attended the Brazoria Economic Alliance Quarterly Board Meeting; July 31, met with
the new business owner of Dynamic Fitness; August 1, attended the Eagle Scout Troup
No. 469 Court of Honor; August 3, attended the Agenda Meeting, Council Meeting, and
Budget Workshop; August 4, joined State Representative Randy Weber at the Salute to
Veterans at Ellington Field; August 6, attended the North Brazoria County Educational
Alliance Meeting, joined Old Townsite ED Coordinator Kyler Cole for the Old Townsite
Monument Meeting, and joined City Manager Bill Eisen, and Executive Director of
Pearland Economic Development Corporation Fred Welch for a meeting with the owner
of Hastings Field; August 7, attended the Exchange Club Roast for Dr. Bobby Stevener
and Lucy Stevener.
Page 1 of 11 — 8/10/2009
COUNCIL ACTIVITY REPORTS
Councilmembers Owens and Saboe passed on giving a report.
Councilmember Sherman stated he attended a tour of the City Departments which was
a positive experience for him. It is important for himself and Council to understand what
Staff does day-to-day so that he can provide better service and be a better
Councilmember.
Mayor Pro -Tem Felicia Kyle stated she attended the Exchange Club Roast for Dr.
Bobby Stevener and Lucy Stevener who have been in Pearland for as long as she has
been alive and she enjoyed sharing in the tribute to their lives in the City.
Councilmember Cole stated he attended the
watching the coaches interact. He attende
Board Meeting at the Hilton Garden Hotel
Hours Event.
CITY MANAGER'S REPORT
Rotary Pig Skin Preview where he enjoyed
d the Brazoria Economic Alliance Quarterly
and the Pearland Chamber Business After
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 July 20, 2009, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the July 27, 2009, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1405 — 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
Page 2 of 11 — 8/10/2009
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-127 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A GREEN BUILDING
POLICY. Mr. Jon Branson, Assistant City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-127.
Assistant City Manager Jon Branson stated Council passed a Resolution declaring the
City of Pearland as a Green City. The same evening there was a Resolution for the
Green Building Policy; however, the Resolution approved did not approve the Green
Building Policy. This item will officially approve the Green Building Policy for the City.
Mayor Reid stated former Councilmember Helen Beckman is present in the audience.
Councilmember Saboe stated he appreciates the attention to detail in the Resolution.
When the City first reviewed this, he was skeptical. He has learned a lot over the last
few years and feels the City is at the point where he can support this item and feel good
about it.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2009-125 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2009-125.
City Manager Bill Eisen stated this item is the Community Development Block Grant
program for the upcoming year. A few minor changes have been made to the program
since Council's prior review.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-128 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF
AUGUST 31, 2009 AND SEPTEMBER 14, 2009 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2009-2010 BUDGET AND
SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-128.
City Manager Bill Eisen stated this item establishes the dates formally and gives Staff
the ability to provide public notice for issues related to the Budget. The Public Hearing
dates for the Budget are scheduled for August 24, 2009, and August 31, 2009. The
actual Ordinance reading to adopt the budget will be August 31, 2009, and September
14, 2009.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-126 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX
REVENUE INCREASE OF 0.32% AND PLACING ON THE AGENDAS OF AUGUST
31, 2009 AND SEPTEMBER 14, 2009 CITY COUNCIL MEETINGS, CONSIDERATION
OF THE PROPOSED FISCAL YEAR 2009-2010 TAX RATE AND SETTING THE
PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager.
Page 4 of 11 — 8/10/2009
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-126.
City Manager Bill Eisen stated State law requires that the reference be made to
increasing taxes by 0.32% which is a result of a required calculation that may impact
individual property if the property was increased or decreased based on the annual
appraisal.
Mayor Reid stated the tax rate is slightly confusing because it appears that the City is
raising the tax rate even though it is remaining the same.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1404 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A JUVENILE
CASE MANAGER FUND, TO FUND CREATION OF A JUVENILE CASE MANAGER
PROGRAM IN THE PEARLAND MUNICIPAL COURT OF RECORD; PROVIDING A
REPEALING CLAUSE, A SAVING CLAUSE AND SEVERABILITY CLAUSE AND
PROVIDING FOR CODIFICATION. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Ordinance No. 1404 on its first reading.
City Manager Bill Eisen stated, under State Law, the City is authorized to implement a
special Juvenile Case Manager charge for all cases that come before the Municipal
Court not to exceed five -dollars. The proceeds from the charge will go to the funding of
the Juvenile Case Manager that will be responsible for handling all matters of Juvenile
Cases. The proposed charge amount is four -dollars, which would fund an existing
position in the Municipal Court.
Linda Cowles, 3412 Shadycrest, addressed Council and stated there is a need in the
Pearland area for community service. The Municipal Court, the Justice of the Peace,
Brazoria County, and Pearland Independent School District all assign community
service and at this point, it is extremely unorganized. She would like to see this position
coordinate a community service program and take the responsibility off the non-profit
organizations.
Mayor Pro -Tem Kyle stated the program is expected to generate $59,500 and asked
what the revenue will specifically be used toward. She also asked, with this position
being funded through the additional revenue, will there be additional funding available
for something else.
Page 5 of 11 — 8/10/2009
City Manager Bill Eisen stated the revenue will be used for the salary and benefits of the
Juvenile Case Manager. He stated the position being funded through the additional
revenue will relieve the general fund.
Councilmember Sherman asked what will happen if the revenue generated from the
charge does not meet the salary and benefits cost for the position.
City Manager Bill Eisen stated he does not foresee that to be an issue; however, any
shortage will be covered by the general fund.
Councilmember Owens asked if there will be a Deputy Court Clerk position in the
Municipal Court.
City Manager Bill Eisen stated the position will still exist, but it will have a different title
and different responsibilities.
Municipal Court Administrator Patricia Riffel stated the responsibilities of this position
are being completed by several individuals. The Municipal Court will not be losing a
Deputy Clerk, it will just assign the Juvenile Case Manager responsibilities to one
person and improve the system.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-129 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REGULAR
MEETING TIMES AND DATES FOR AUGUST 2009 TO ENSURE COMPLIANCE
WITH STATUTORY BUDGETARY TIMELINES.
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2009-129.
City Manager Bill Eisen stated this item will move the second Regular Council Meeting
from August 24, 2009, to August 31, 2009, to comply with Budgetary guidelines.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 11 — 8/10/2009
COUNCIL ACTION — RESOLUTION NO. R2009-123 — RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$12,500,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF
CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF PRELIMINARY
OFFICIAL STATEMENTS RELATING TO SUCH SERIES OF CERTIFICATES AND
AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2009-123.
City Manager Bill Eisen stated this item is the first step in the potential sale of
Certificates of Obligation by giving notice to the public. The Certificates of Obligation
will fund the construction and related fees for the University of Houston Campus. The
cost will be recovered through leasing agreements.
Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Voting "Abstain" Councilmember Owens.
Motion Passed 4 to 0, with one abstention.
COUNCIL ACTION — RESOLUTION NO. R2009-131 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR
EMS BILLING SERVICES. Mr. Bill Eisen, City Manager.
This item was passed to a future Agenda; no action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2009-132 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
APPRAISAL SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Sherman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-132.
City Manager Bill Eisen stated there is a need to acquire sixty-four parcels associated
with the Bailey Road project. This item is a proposed contract with Integra Realty
Resources in the amount of $160,000 for property acquisition services.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Page 7 of 11 — 8/10/2009
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-133 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE BAILEY ROAD
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-133.
City Manager Bill Eisen stated the next two items are associated with right-of-way
acquisitions for the Bailey Road Project. The proposed contract for this Resolution is
with Right -of -Way Solutions, LLC in the amount of $96,000.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-134 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE BAILEY ROAD
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-134.
City Manager Bill Eisen stated this Resolution is a proposed contract with Texas Land
Professional, Inc. in the amount of $96,000.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-130 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE FINAL
RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION INTO THE
OFFICIAL RECORD OF THE CITY AND DIRECTING STAFF TO PUBLISH THE
RECOMMENDATIONS IN THE NEWSPAPER.
Mr. Darrin Coker, City Attorney.
Page 8 of 11 — 8/10/2009
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2009-130.
City Attorney Darrin Coker stated this is a procedural duty of the Council to accept the
recommendations of the Charter Review Commission into the record and approve
publishing the recommendations in the newspaper. A Public Hearing was previously
held with no input from the public at that meeting. He thanked the members of the
Charter Review Commission and he appreciates them taking their job seriously and
thoroughly reviewing all the issues.
Larry Marcott, Chairperson for the Charter Review Commission, addressed Council and
stated he wanted to thank Kurt Evenson for putting together the majority of the
paperwork Council reviewed in an informative manner. The committee had a good time
and learned a lot about the City. Mr. Marcott provided Council with a summary of items
discussed by the Charter Review Commission. He thanked Council and his fellow
members of the Charter Review Commission.
Councilmember Cole thanked the members of the Charter Review Commission for their
time and commitment.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-135 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR
CERTAIN UTILITIES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2009-135.
City Manager Bill Eisen stated this is a process where a blanket easement is granted to
Centerpoint Energy to allow for the installation of necessary electric lines to serve the
natatorium facility.
Councilmember Owens asked if the City has any kind of prior rights if the easement has
to be relocated.
City Attorney Darrin Coker stated the City does have prior rights and the relocation
would be done at the cost of Centerpoint Energy.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Page 9 of 11 — 8/10/2009
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-136 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 2 ASSOCIATED WITH THE UNIVERSITY OF HOUSTON -CLEAR LAKE
(PEARLAND CAMPUS). Mr. Trent Epperson, Project Director.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2009-135.
City Manager Bill Eisen stated the City has entered into a construction contract with
Palmer Construction to build the University of Houston facility. The University has
concluded they would like to make some modifications to the original contract and have
agreed to repay the City for any increase in the cost. The amount is $162,842 which
will be paid up front by the University of Houston.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman.
Voting "No" None.
Voting "Abstain" Councilmember Owens.
Motion Passed 4 to 0, with one abstention.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:37 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 MUNICIPAL
UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. Mayor Tom Reid.
3. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr Bill Eisen,
City Manager.
Page 10 of 11 — 8/10/2009
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:02 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:03 p.m.
Minutes approved as submitted and/or corrected this the 31st day of August, A.D., 2009.
Tom Reid
Mayor
ATTEST:
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