2010-01-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 25, 2010, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:50 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Felicia Kyle
Councilmember
Woody Owens
Councilmember
Scott Sherman
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; Danny Cameron Public
Works Director; 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; David Whittaker Director of Inspection Services; Teresa
Battenfield Assistant Project Director.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported January 12, he met with Dr. S. K. Raj & Dr. N. S. Bala regarding a
Medical Building on Kirby Drive; January 13, attended the Adult Reading Center Board
of Directors Meeting; January 14, attended the Pearland Chamber of Commerce Ribbon
Cutting; January 15, attended the Pearland Chamber of Commerce Before Hours
Business Breakfast, spoke at the Houston -Galveston Area Council Annual Meeting and
Banquet; January 17, presented a proclamation to David Scott for his 90th Birthday;
January 18, attended the Agenda Meeting and the City Council Workshop; January 19,
attended the Planning & Zoning Department Future Land Use Plan Presentation to the
Pearland Rotary and Lion's Club, and the Keep Pearland Beautiful Board Meeting;
January 20, attended the Brazoria County Tax Abatement Review Committee Meeting,
and the TxDOT SH 35 Public Update; January 21, attended the Pearland Chamber of
Commerce Leadership Council Meeting, the Pearland Chamber of Commerce Ribbon
Cutting for Freebirds World Burrito and Del Pueblo Restaurants, the Gulf Coast Water
Authority Board Meeting, and the Pearland Chamber of Commerce/Town Center
Business After Hours Meeting; January 22, attended the Houston -Galveston Area
Council Transportation Policy Council Board Meeting.
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Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Director
of Inspection Services David Whittaker presented Code Enforcement/Health Officer
Lettie Garcia Inspection Services, with the Full Time Employee of the Quarter Award.
Ms. Garcia was accompanied by her husband and daughter.
Mayor Reid, City Manager Bill Eisen, and EMS Captain Skip Straus presented Part -
Time EMT Steve Novak Emergency Management Services with the Part -Time
Employee of the Quarter Award.
COUNCIL ACTIVITY REPORTS
Councilmember Owens and May Pro Tem Kyle passed on giving a report.
Councilmember Sherman reported he attended two meetings of the Joint City of
Pearland/Brazoria County Library Committee. They continue to work toward a solution
and hope to announce some temporary solutions in the near future.
Councilmember Saboe was absent.
Councilmember Cole spoke at the 288 Rotary Club and also attended the SH 35 Open
House. He has a concern with the continuous turn lane and very limited options.
Trucks will have to go down south before they can turn around and go back north to the
Beltway. This will greatly hamper industrial growth in that corridor in the future as
companies decide to locate here and see how difficult it is to get a truck in and out. He
attended the Northern Brazoria County Educational Alliance Board Retreat last Friday
where they set up a program of work for the next year.
Mayor Reid reported the University of Houston Campus in Pearland will be ready for
classes in September for Junior, Senior, Masters and Doctoral opportunities.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported there are Board members in the audience from the
Pearland Area Runners Club who would like to present a check for $2,729.65 to the
Pearland Parks and Recreation Department. The Club is giving fifty percent of the
proceeds from its 2008 & 2009 Monster Dash Races back to the City for the trail system
which they are very interested in and continue to support.
Director of Parks and Recreation Michelle Smith thanked the Club for their donation and
partnership with the City in these past events and their willingness to continue to do so
in the future.
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CITIZENS:
Nancy Kozanecki, 3705 Pine Branch Drive, Pearland, addressed Council and stated
she represents the Pine Hollow Home Owners Association. She asked City Council to
lower the speed limit in Pine Hollow Subdivision from 30 miles per hour to 25 miles per
hour. She stated that House Bill 87 was passed in 2005 which allows cities and
municipalities to lower speed limits in subdivisions from 30 miles per hour down to 25
miles per hour. She stated that she is aware signage cost is involved with this to re -
post everything at 25 miles per hour. It is important to the homeowners to slow down
traffic in subdivisions for the safety of children playing.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the January 11, 2010, Regular Meeting held at 7:30 p.m.
2. Minutes of the January 18, 2010 Public Hearing held at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1406-1 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1406, THE 2009-2010 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. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF MAYOR TOM REID, POSITION NO. 5, TO
SERVE ON THE DEVELOPMENT AUTHORITY OF PEARLAND FOR
A 2 -YEAR TERM EFFECTIVE SEPTEMBER 30, 2009, AND
EXPIRING SEPTEMBER 30, 2011. Mayor Tom Reid.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2010-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DESIGNATING MAYOR TOM REID AS
CHAIRMAN OF THE DEVELOPMENT AUTHORITY OF PEARLAND
FOR A 1 -YEAR TERM TO EXPIRE DECEMBER 31, 2010.
Mayor Tom Reid.
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E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF MOBILE AND PORTABLE RADIOS. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
AND INSTALLATION OF POLICE VEHICLE EQUIPMENT.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through F as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, 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. R2010-12 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PARKS,
RECREATION AND BEAUTIFICATION BOARD'S BYLAWS. Ms. Michelle Smith,
Director of Parks and Recreation.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2010-12 as amended.
City Manager Bill Eisen stated this item relates to proposed Bylaws that will govern the
Parks Recreation and Beautification Board and the conduct of its meetings. The Bylaws
have been reviewed by the Parks Recreation and Beautification Board and they
recommend the Bylaws for approval.
Mayor Pro Tem Kyle asked that in Article 19, the Board and City Manager Bill Eisen
consider including the Chairman of the Parks and Recreation Board in the update to
Council. She also asked that Number 9 puts in place some sort of procedure to
address how conflicts are resolved.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
amend Resolution No. R2010-12 to incorporate Mayor Pro -Tem Kyle's amendments.
Page 4 of 10 — 1/25/2010
Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
Mayor Reid called for the vote on the original motion as amended
Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
FIRST READING OF ORDINANCE NO. 1406-2 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
1406, THE 2009-2010 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. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1406-2 on its first reading.
City Manager Bill Eisen stated each year, during the course of administrating the
annually adopted budget, certain items may be ordered during one fiscal year and not
received until the next year or there may be capital projects initiated in one year and
completed in the following year. In order to account appropriately in the budget, it is
necessary to show those types of expenditures and revenue as carryovers into the
current year's budget. This item reflects the necessary proposed carryovers for the
current Budget.
Discussion ensued between Council and Finance Director Claire Bogard.
Mayor Pro Tem Kyle asked about the water and sewer fund ending balance of $10.3
million dollars with carryovers. She stated it sounds like a lot of money that we have in
the ending balance even though we have high water rates. She asked City Manager Bill
Eisen for an explanation.
City Manager Bill Eisen stated, because of the tremendous variations in weather
factors, the adopted policy with regard to cash reserves for the Water and Sewer Fund
requires the cash reserve to be twenty-five percent of the annual operating cost. The
number is currently higher than the twenty-five percent because last year was unusually
dry and water sales were higher than expected. If the next year is wetter than
expected, the City may have to utilize the reserve funds.
Page 5 of 10 — 1/25/2010
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
FIRST READING OF ORDINANCE NO. 1391 — AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS TEMPORARILY ALTERING THE CITY'S RESIDENTIAL
WASTEWATER CAP CALCULATION; HAVING A SAVINGS CLAUSE; AND HAVING A
SEVERABILITY CLAUSE. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Ordinance No. 1391 on its first reading.
City Manager Bill Eisen stated charges that customers in the City of Pearland pay for
wastewater service are calculated on the residential side based on the winter month's
average of water consumed. The reason for that is typically the winter months are the
months of lowest consumption because there little or no outside irrigation of yards, etc.
When there is outside irrigation, that water does not go back into the sewer system.
The idea is to set the sewer charges for the year for individual customers based on their
consumption when just about all their water does go into the sewer system. This
particular year in January, with the unusually cold weather, a number of customers kept
water running to keep pipes from freezing and the ones who did not had pipes burst
with their irrigation systems. As a result, water consumption could end up being
artificially high for calculation of the wastewater cap. This year only, it is proposed to
use the two months of December and February rather than three months for calculation
of the wastewater cap for the remainder of the year.
Councilmember Cole received an email from a citizen stating her winter average is
higher than her water consumption. He asked if those bills are brought to the Utility
Billing Department on a case-by-case basis, can the City manually adjust their rate.
Mayor Pro Tem Kyle asked, in those instances when citizens have pipes bursting, is
there something the City can do to help people with their high water bills.
Discussion ensued between Council, Utility Billing Services Supervisor Meg McNulty,
Finance Director Claire Bogard, City Attorney Darrin Coker and City Manager Bill Eisen.
City Manager Bill Eisen stated the Staff will look into it when situations like this happen.
Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
Page 6 of 10 — 1/25/2010
COUNCIL ACTION — RESOLUTION NO. R2010-11 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED
WITH THE KNAPP ROAD/SH 35 UTILITY RELOCATIONS. Mr. Trent Epperson,
Project Director.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-11. After discussion, this item was tabled.
City Manager Bill Eisen stated this item relates to a construction management and
construction inspection contract for a water and sewer project in the vicinity of Knapp
Road. The firm proposed to provide the service is LJA Engineering & Surveying in the
amount of $139,135.36.
Discussion ensued between Council, Project Director Trent Epperson, and Assistant
Project Director Theresa Battenfield.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to table
Resolution No. R2010-11 for further clarification.
Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2010-8 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR UTILITY
CONSTRUCTION SERVICES ASSOCIATED WITH THE SH 35 PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-8.
City Attorney Darrin Coker stated this particular bid is being recommended to the
second lowest bidder that the City considered the most responsible bidder. Because
the apparent low bidder is being bypassed, the local government code requires that the
City Council gives the apparent low bidder the opportunity to be heard. Mr. Coker
asked that the Mayor give the representative from that company, if there, permission to
speak and be heard.
The opportunity for the lowest bidder to present evidence of its responsibility, pursuant
to Section 271.027 of the Texas Local Government Code, was given by Mayor Reid.
The Mayor stated the potential for that is not obvious. He stated Council will move
forward with action on the item.
Page 7 of 10 — 1/25/2010
City Attorney Darrin Coker stated the apparent low bidder was notified verbally and also
by certified mail of tonight's meeting and given the opportunity to speak.
City Manager Bill Eisen stated this is the actual construction contract for the same work
that was the subject of the item previously discussed related to construction
management and construction inspection. The second lowest responsible bidder is
Reddico Construction Company Inc., a firm that has done quite a bit of work in the City
in the past with favorable results. The bid amount is $961,312.00.
Discussion ensued between Council, and Project Director Trent Epperson.
Councilmember Owens stated he is glad to see Staff do what they did. If people don't
do a good job, they don't need to come back to the table. They don't deserve the right
to come back to the table regardless of what the bid is.
Councilmember Cole asked, from a clarification standpoint, is there anything that legally
we have to have in the record, as documentation, to show that they were not a
responsible bidder.
City Attorney Darrin Coker stated we provided that information to the contractor in the
certified letter as to why we would be bypassing them. He stated they are aware as to
why. What the City is required to do by law, is to give them an opportunity to be heard.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2010-9 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED
WITH THE CITY'S FUTURE WATER RESERVOIR. Mr. Trent Epperson, Project
Director.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-9.
City Manager Bill Eisen stated this item relates to the water reservoir at the site of the
future surface water treatment plant. Two years ago, the City purchased some existing
excavated sand pits for that ultimate purpose. Those sand pits have been experiencing
some erosion that could affect the adjacent property. As a result of that, an engineering
firm was hired to design some dirt work in the area that would limit or prohibit that
erosion in the future. This contract is for construction management and construction
inspection of that work to be done. The firm recommended is Cobb Fendley &
Associates Inc. in the amount of $112,218.00.
Page 8 of 10 — 1/25/2010
Discussion ensued between Council and Project Director Trent Epperson.
Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2010-10 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF A GRADALL EXCAVATOR. Mr. Danny Cameron, Director of Public
Works.
Councilmember Cole made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-10.
City Manager Bill Eisen stated this is an item that was included in the annual budget. In
an effort to lower cost, the Staff was able to locate a 2008 model, which was actually a
new vehicle. The City was able to get a small discount as a result of it being a prior
year's model. As a result of this, the proposed expenditure is $241,960. The supplier is
Hi -Way Equipment Company.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:09 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY:
DISCUSSION REGARDING MUNICIPAL UTILITY DISTRICT NO. 6.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR
CITY DRAINAGE FACILITIES. Mr. Bill Eisen, City Manager.
Page 9 of 10 — 1/25/2010
3. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:40 p.m.
COUNCIL ACTION — REGARDING MUNICIPAL UTILITY DISTRICT NO. 6.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY FOR CITY DRAINAGE FACILITIES. 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 9:41 p.m.
Minutes approved as submitted and/or corrected this the 8th day of February, A.D.,
2010.
1-7=)-'11 RIX
Tom Reid
Mayor
ATTEST:
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