2009-10-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 26, 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 7:40 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; Jack Colbath Director of
Fire Services; J. C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge
Assistant City Manager; Narciso Lira City Engineer; Michelle Smith Director of Parks
and Recreation; John Knight IT Manager.
The invocation was given by Pastor Tom Allen and the Pledge of Allegiance was led by
Police Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported October 13, he cut the ribbon for the ZT Business Center Office
Building; October 14, joined Assistant Director of Pearland Economic Development
Corporation Ramon Lozano in support of the Brazoria County Alliance on an Economic
Prospect; October 15, attended the Pearland Chamber of Commerce Leadership
Council, the Pearland Chamber of Commerce Luncheon with Secretary of State Hope
Andrade as Speaker, the Gulf Coast Water Authority Board of Directors Meeting, the
288 Business Connection Meeting in Shadow Creek Ranch Visitor's Center; October
17, joined Pearland Economic Development Corporation Members at the University of
Houston Clear Lake Alumni Dinner and Presentation; October 19, attended the Agenda
Meeting, joined Chamber of Commerce President Carol Ariz and Pearland Chamber of
Commerce Members for the Port Alliance Award to the Chamber Business of the Year;
October 20, joined City Manager Bill Eisen and Assistant City Manager Jon Branson for
the HGAC Region Transportation Transit Meeting, attended the HGAC Board of
Directors Meeting; October 20 through October 22, attended the Texas Municipal
League Annual Conference in Ft. Worth; October 22, attended the Pearland Arts
League Reception; October 23, attended the HGAC Transportation Policy Council
Board of Directors Meeting; October 24, visited the First Annual Pro Active Pumpkin
Page 1 of 9 —10/26/2009
Festival benefiting the YMCA, attended the Annual Pearland Historical Society Reunion
and Meeting, and introduced State Representative Randy Weber for the Community
Meeting.
Mayor Reid and Mayor Pro -Tem Kyle presented a Proclamation proclaiming "Pearland
Diwali Celebration 2009" to Sugit Sanisgiry and members of the Sri Meenakshi Temple.
Mayor Reid presented Naomi Stevens and members of the Pearland Arts League with a
Proclamation proclaiming "National Arts and Humanities Month".
Mayor Reid and Councilmember Saboe presented a Proclamation proclaiming "Healthy
Sleep Week" to Anita Rao, Carolyn Martin, Drew Hall, Kayla Scott, Sharon Yang,
Shelby Stanfield, Shiv Patel and Yimeng Wang, a group of Pearland Independent
School District Eighth Grade Students.
COUNCIL ACTIVITY REPORTS
Councilmember Owens attended the grand opening and ribbon cutting of the ZT Office
Building, the Texas Municipal League Annual Conference in Ft. Worth and the Pearland
Chamber of Commerce Luncheon with Secretary of State Hope Andrade as Speaker.
Councilmember Sherman attended the Texas Municipal League Annual Conference in
Ft. Worth, and the 288 Business Connection Meeting at the Shadow Creek Ranch
Visitor's Center. He encouraged everyone to get out and vote for Proposition 4 and the
Bond, for those who live in the Alvin Independent School District area.
Mayor Pro -Tem Kyle also encouraged everyone to get out and vote especially in an off-
year. She attended the Pearland Economic Development Corporation Gulf Coast
Innovation Conference and Showcase.
Councilmember Saboe passed on giving a report.
Councilmember Cole attended the ribbon cutting and grand opening of the ZT Office
Building in Pearland which is the first Class A office building in the City at 80,000
square -feet. The official name is the Shadow Creek Business Center Office Building. He
attended the Greater Houston Builders Association Meeting where Governor Perry was
the Speaker. He traveled to Orlando for the Aviation Conference with the Fly Brazoria
County Group to promote business for the Brazoria County Airport and the Pearland
Regional Airport.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported he attended the Texas Municipal League Annual
Conference in Ft. Worth. He commented that in speaking with others at the
Conference, we in Pearland have been more fortunate than some other areas with the
recession and hope to continue to do so. Mayor Reid, City Manager Bill Eisen and
Assistant City Manager Jon Branson attended a meeting with the HGAC Transportation
Page 2 of 9 — 10/26/2009
Staff to provide information and comments on the public transit needs and priorities for
the Pearland Area for a HGAC study being done. The Park and Ride is the City's first
priority and the City has almost reached a finalizing point in discussions; the number
two priority is some type of commuter rail service to this area initially along the Kirby
Drive Corridor into the City and further down the road, the opportunity to utilize the rail
corridor of Mykawa Road and SH 35 in long-term plans not currently identified with a
funding source. The engineering firm hired to conduct the transit study was also in
attendance and they are also doing the transit corridor study for Metro. They indicated
that they have been made aware by Metro of our interest in the Kirby Rail Corridor and
it is under evaluation as part of the Metro study and other more regional studies. One of
the major projects funded with federal stimulus money this year is the western segment
of Grand Parkway which will not be able to move forward and this has freed up a lot of
money. One of the projects on the alternate list to be considered is Shadow Creek
Parkway from to SH 288 to FM 521and there is some possibility that project will be
funded if we continue to see favorable bid prices come in.
CITIZENS
Kenneth Carter, 3607 East Orange addressed Council and stated sidewalks are needed
now on the east side of Old Alvin Road for children walking to school since the bridge is
being worked on. He stated the sidewalk that ends abruptly on Orange Street by Ace
Hardware causes people to have to walk out in the road causing a hazard. He would
like to have the school zone extended from Orange Street and Grand Boulevard to
Schlieder Drive to slow people down. He stated that Old Alvin Road and Orange Street
are in need of repair and the asphalt is starting to cave in. He stated that on John Lizer
Road, you can't turn left onto Old Alvin Road because TXDOT has not opened it up yet.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 12, 2009, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-63 — 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,
APPROXIMATELY 2.4051 ACRES OF PROPERTY OUT OF A 40
ACRE TRACT OF LAND OUT OF THE SOUTHWEST '/ OF
Page 3 of 9 —10/26/2009
NORTHWEST '/a SECTION 17, H.T. & B RR CO SURVEY,
ABSTRACT 242, BRAZORIA COUNTY TEXAS (8017 FITE ROAD,
PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-12Z),
FROM CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL -1 (R-1)
TO GENERAL COMMERCIAL (GC), ON THE REQUEST OF NARMIN
PARPIA AND RAJ RAMLAL, APPLICANT, ON BEHALF OF GERALD
OLSON, 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.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-33 — 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 AS APPROXIMATELY
2.4051 ACRES OF PROPERTY OUT OF A 40 ACRE TRACT OF
LAND OUT OF THE SOUTHWEST % OF NORTHWEST '/ OF
SECTION 17, H.T. & B RR CO. SURVEY, ABSTRACT 242,
BRAZORIA COUNTY, TEXAS, LOCATED AT 8017 FITE ROAD,
(CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-13), TO
PERMIT A WAREHOUSE IN THE GENERAL COMMERCIAL (GC)
ZONING DISTRICT; AT THE REQUEST OF NARMIN PARPIA AND
RAJ RAMLAL, APPLICANT FOR GERALD OLSON, OWNER,
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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 181-9 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 12, SOLID WASTE, OF THE CITY OF PEARLAND CODE
OF ORDINANCES, PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Page 4 of 9 — 10/26/2009
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2009-169 — 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.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt
Consent Agenda Items A through E as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 1322-1 — AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS
PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY
AMENDING ARTICLE VI, GRAFFITI ABATEMENT; PROVIDING FOR A PENALTY;
PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION.
Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1322-1 on its first reading.
City Attorney Darrin Coker stated this is regarding a new state law which went into
effect on September 1, 2009, that requires cities to have a graffiti abatement ordinance.
This ordinance is being amended to come into alignment with the new state law which
pre-empted our current ordinance. If the City does require abatement, it requires the
City to offer to do the abatement at no cost to the individual.
Councilmember Cole asked what effect does this have on budget.
City Attorney Darrin Coker stated that fortunately, at this time, it is going to have very
little effect if we continue the current trend. Right now, the City does not have a graffiti
problem. It is something Staff will evaluate further along if it becomes a burden on the
budget.
Page 5 of 9 — 10/26/2009
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-172 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT. Mr.
Darrin Coker, City Attorney.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2009-172.
Council requested that this item be tabled.
Councilmember Sherman made the motion, seconded by Mayor Pre -Tem Kyle, to table
Resolution No. R2009-172.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-170 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH THE
PEARLAND INDEPENDENT SCHOOL DISTRICT. Ms. Michelle Smith, Director of
Parks and Recreation.
Item passed to a future Agenda. No action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2009-168 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT
(PHASE 3). Mr. Trent Epperson, Project Director.
Item passed to a future Agenda. No action taken by Council.
Page 6 of 9 —10/26/2009
COUNCIL ACTION — RESOLUTION NO. R2009-167 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE
MAGNOLIA ROAD PROJECT (PHASE 3). Mr. Trent Epperson, Project Director.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-167.
City Manager Bill Eisen stated this is an agreement with Tolunay Wong Engineers, Inc.,
a firm we have used a number of times in the past. Scope of services would include all
construction materials testing services on the Magnolia Road Project Phase III. The
amount of the contract is $290,535.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-173 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PROPOSITION 4,
THE TIER ONE CONSTITUTIONAL AMENDMENT. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Resolution No. R2009-173.
City Manager Bill Eisen stated this is a Resolution in support of a constitutional
amendment that will be on the November 2009 Statewide Ballot which would utilize
existing State funds. This is a special fund at the State level which would be used to
give universities the opportunity to develop research capabilities to allow them to
achieve Tier 1 status. The University of Houston and the University of North Texas are
two of these universities.
Discussion ensued regarding Proposition 4.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 9 —10/26/2009
COUNCIL ACTION — RESOLUTION NO. R2009-171 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE UPCOMING
ALVIN INDEPENDENT SCHOOL DISTRICT BOND ELECTION. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-171.
Mayor Reid stated that this is important because Alvin Independent School District is in
all of the area west of SH 288 and south of Pearland High School. There is a mutual
benefit from this Resolution.
Councilmember Sherman stated Alvin Independent School District is growing at an
amazing pace. This Bond not only provides a high school in the north part of the
District, but it also provides funding throughout the entire District for elementary schools
and programs that are going to be used throughout the District. The City has two
elementary schools and a junior high in Pearland/Alvin and this would build a high
school and another elementary school. He encouraged everyone to get out and vote.
Councilmember Cole stated this is a good thing for our Alvin Independent School
District residents in the far west side of town with the prospect of having a high school in
their area. For Shadow Creek Ranch, Southern Trails and the communities all the way
to Savannah, it will alleviate them from traveling into Manvel. He sees this as a quality
of life issue for our residents and encourages everyone to support it. We should support
Alvin Independent School District as we have Pearland Independent School District.
Out of this Bond money, two elementary schools and a junior high will be built.
According to the superintendent, a junior high and one elementary school will be built in
Pearland so this is more schools for Pearland.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 8:40 p.m.
Page 8 of 9 — 10/26/2009
COUNCIL ACTION — RESOLUTION NO. R2009-171 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE UPCOMING
ALVIN INDEPENDENT SCHOOL DISTRICT BOND ELECTION. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-171.
Mayor Reid stated that this is important because Alvin Independent School District is in
all of the area west of SH 288 and south of Pearland High School. There is a mutual
benefit from this Resolution.
Councilmember Sherman stated Alvin Independent School District is growing at an
amazing pace. This Bond not only provides a high school in the north part of the
District, but it also provides funding throughout the entire District for elementary schools
and programs that are going to be used throughout the District. The City has two
elementary schools and a junior high in Pearland/Alvin and this would build a high
school and another elementary school. He encouraged everyone to get out and vote.
Councilmember Cole stated this is a good thing for our Alvin Independent School
District residents in the far west side of town with the prospect of having a high school in
their area. For Shadow Creek Ranch, Southern Trails and the communities all the way
to Savannah, it will alleviate them from traveling into Manvel. He sees this as a quality
of life issue for our residents and encourages everyone to support it. We should support
Alvin Independent School District as we have Pearland Independent School District.
Out of this Bond money, two elementary schools and a junior high will be built.
According to the superintendent, a junior high and one elementary school will be built in
Pearland so this is more schools for Pearland.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 8:40 p.m.
Page 8 of 9 — 10/26/2009
Minutes approved as submitted and/or corrected this the gch day of November, A.D.,
2009.
ATTEST:
f ti{
....Woun�a..
of
Tom Reid
Mayor
Page 9 of 9 — 10/26/2009