2010-02-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 8, 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 7:37 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; Mike Hodge, Assistant City
Manager; Danny Cameron Public Works Director; Jack Colbath Director of Fire
Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Narciso Lira City
Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; David Whittaker Director of Inspection Services; Rick Overgaard, Assistant
Finance 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 26, he met with Congressman Pete Olson's Chief of Staff
Steve Ruhles; January 27, attended the Houston Port Economic Alliance Board of
Directors Meeting; January 28, attended the BAYTRAN Board of Directors Meeting, the
Chamber of Commerce Annual Meeting and Awards Banquet; January 29, joined
Assistant City Manager Mike Hodge for a meeting with the Gulf Coast Water Authority;
January 30, attended the Pearland Fire Department Annual Meeting and Awards
Banquet; February 1, attended the City Council Agenda Meeting, the City Council Audit
Committee Meeting, and the City Council Workshops; February 2, attended the Houston
Port Economic Alliance Bylaws Meeting; February 3, met with Congressman Pete
Olson's Freight Rail Staff Person Ryan Noyes; February 4, spoke at the
Pearland/Alvin/Friendswood Realtor Quarterly Meeting and visited with Mr. Al Colom
regarding San Jacinto Historic Activities; February 7, spoke at the VFW District 16
Meeting in Pearland.
Page 1 of 18 — 2/8/2010
Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge and Past
Chairman of the Chamber of Commerce Brandon K. Dansby presented the Chamber of
Commerce Chairman's Award, recognizing the Planning Department, Inspection
Services Department, Engineering Department, Fire Marshal's Office, Public Works
Department, Parks and Recreation Department, Projects Department and the Pearland
Economic Development Corporation.
Assistant City Manager Mike Hodge thanked the Chamber of Commerce for honoring
the City Staff. He stated this project is an example of their improved processes and
customer service. The City is continuing to strive to improve and this is one of many
successful projects the City completed this year.
COUNCIL ACTIVITY REPORTS
Councilmember Owens passed on giving a report.
Councilmember Sherman reported he met with the City of Pearland/Brazoria County
Library Committee and the Friends of the West Library Group. There will be a follow-
up meeting in two weeks.
Mayor Pro -Tem Kyle reported she attended the Chamber of Commerce Annual Awards
Banquet and commended them for the good job they did. She reported she has
become involved in the Race Against Violence for the Houston Area Women's Center.
Councilmember Saboe reported he attended the City Audit Committee Meeting and
commended Finance Director Claire Bogard and Assistant Finance Director Rick
Overgaard for the quality of preparation on the Report. He was also pleased with the
Auditing Firm of Null-Lairson.
Councilmember Cole attended the City Audit Committee Meeting and complimented the
Audit Committee on their preparation of the Report. He attended the Chamber of
Commerce Banquet, which he reported gets bigger and better each year, and reminds
us of the great people we have in the City who are recognized at this event. He
attended the Fire Department Banquet and was pleased to see those dedicated men
and women who serve the City.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Public Works Department received an
acknowledgment and award from the Texas Public Works Association for In -House
Project of the Year for work done to add two additional lanes in the west end of FM 518.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
Page 2 of 18 — 2/8/2010
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the January 25, 2010, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
JANUARY 25, 2010, REGULAR COUNCIL MEETING. City Council.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING DECEMBER 2010.
Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1392 — 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
ROAD, DRAINAGE AND UTILITY 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,
Page 3 of 18 — 2/8/2010
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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1393 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1394 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Page 4 of 18 — 2/8/2010
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1408 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1409 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1410 — 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
ROAD, DRAINAGE AND UTILITY 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,
Page 5 of 18 — 2/8/2010
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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1411 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1412 — 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
ROAD, DRAINAGE AND UTILITY 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 HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Page 6 of 18 — 2/8/2010
N. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF MS. KAREN MCLANE TO SERVE IN POSITION
NO. 6 ON THE LIBRARY BOARD FOR AN UNEXPIRED TERM
EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through N 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
COUNCIL ACTION — RESOLUTION NO. R2010-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE
ACCOUNTING FIRM OF NULL-LAIRSON. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-16.
City Manager Bill Eisen stated Christopher Breaux with Null-Lairson is present to
provide Council with a brief presentation.
Christopher L. Breaux CPA, Senior Partner Null-Lairson provided Council with a brief
presentation on the highlights of the Financial Report. He thanked Finance Director
Claire Bogard and Assistant Finance Director Rick Overgaard for their part in this
Report and stated they did a wonderful job.
Mayor Reid thanked the Audit Committee for their good work.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid with Council concurrence, moved New Business Item Number 2 to be
considered after New Business Items Numbers. 8 and 9.
Page 7 of 18 — 2/8/2010
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 569-3. City Council.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to remove
Ordinance No. 569-3 from the table.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 569-3 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, ALARM
SYSTEMS, CHAPTER 20, OFFENSES AND M{SCELLANEOUS PROVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF
PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN
RESPONDING TO EXCESSIVE FALSE ALARMS; 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. J. C. Doyle, Chief of Police.
Mayor Pro Tem Kyle made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 569-3.
City Manager Bill Eisen stated a Workshop was held earlier this evening on this
particular issue. This Ordinance relates to several changes to permitting fees and
permitting parameters for Fire, panic, burglar and Police alarms within the City. During
the course of the Workshop discussion, there were requests Council made for additional
information.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to table
Ordinance No. 569-3 to allow Staff to provide Council with additional information as
requested.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 18 — 2/8/2010
COUNCIL ACTION —RESOLUTION NO. R2010-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO TWO (2) LICENSE AGREEMENTS
WITH CLEAR WIRELESS, LLC. Mr. Danny Cameron, Director of Public Works.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2010-18.
City Manager Bill Eisen stated previously the City entered into an agreement with a
wireless telephone service for the license to locate one of their antenna systems on one
of City's overhead water towers. This is a request from Clear Wireless LLC to enter into
a similar agreement and the terms are identical to those in the prior agreement. The
lease provides for payment to the City in the first year of $22,000 with a 3% increase
per year thereafter with the initial term of the lease being ten. years.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-19 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SATELLITE SERVICE
CENTER. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-19.
City Manager Bill Eisen stated this item was presented to Council previously, however,
based on Council concerns at that time. Staff has worked to provide a greater limit to
the scope of the project. The proposed item now only considers phases one and two
with no commitment to go beyond the completion of phase two.
Discussion ensued with Council, Assistant City Manager Mike Hodge, and Project
Director Trent Epperson.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 9 of 18 — 2/8/2010
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2010-11.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
remove Resolution No. R2010-11 from the table.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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 Mayor Pro -Tem Kyle, to
approve Resolution No. R2010-11 as amended.
City Manager Bill Eisen stated this item relates to construction management and
construction inspection services on the Knapp Road—Blockbuster Rice Dryer Sewer
Project. The matter was on a previous agenda and at that time, there were Council
questions and requests for wording clarifications. Those have been completed
consistent with Council's instructions. The proposed contract is to be awarded to LJA
Engineering & Surveying in the amount of $137,525.36.
Councilmember Owens asked for clarification regarding the cell phone and pager
charges included in the contract.
Discussion ensued with Council, Project Director Trent Epperson and Jeffrey DeLeon,
LJA Engineering and Surveying.
Councilmember Owens made a motion seconded by Councilmember Kyle, to amend
the contract to not show a 10% mark-up increase on the items identified for the pagers'
delivery cost and mileage.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 18 — 2/8/2010
Mayor Reid called for a vote on the original Resolution, as amended.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1012-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR
PERSONS UNDER THE AGE OF 17 YEARS, PROVIDING DEFENSES TO
PROSECUTION FOR VIOLATIONS HEREUNDER, PROVIDING A PENALTY FOR
VIOLATION; PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID
ORDINANCE TO DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1012-1 on its first reading.
City Manager Bill Eisen stated, last week City Council held a Public Hearing to consider
the re -adoption of the Teen Curfew Ordinance. At that time, Police Chief J. C. Doyle
recommended Council renew the Ordinance as it stands. Under the State Law that
allows City Councils to implement Ordinances of this type, there is requirement that
Council periodically review the Ordinance and after that review, consider it for re -
adoption.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING PROPOSAL A TO THE PROPOSED CHARTER
AMENDMENTS DEALING WITH THE CHARTER REVIEW COMMISSION'S
RECOMMENDATION TO INCREASE THE NUMBER OF COUNCIL SEATS FROM 5
TO 7. City Council.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
discuss the proposed Charter Amendments dealing with the Charter Review
Commission's recommendation to increase the number of Council seats from five to
seven. After discussion of this item, it was considered by Council and Failed.
Page 11 of 18 — 2/8/2010
Kurt Evenson, Charter Review Commission, addressed Council and stated Council
appointed members to the Charter Review Commission and a report was submitted to
Council regarding the recommended Charter Amendments to be given to the voters.
There have been Public Hearings, Workshops, and a Special Meeting held to review the
proposed Charter Amendments. The view of the Charter Review Commission was to
increase the number of Councilmembers and place a hard cap on term limits and allow
these Charter Amendments to be decided on by the voters. He cannot speak for the
Commission, but he feels it is important that either both the proposed Charter
Amendments "A" and "B" go to the voters or neither go to the voters. The items were
developed to complement each other. The Commission considered these
recommendations as an enhancement to the way the Council functions. He asked
Council to consider the hard work and time commitment of the Charter Review
Commission when these items are considered. He thanked the Council for the ability to
serve the City of Pearland and Council's willingness to allow that.
Larry Marcott, Charter Review Commission Chairman, addressed Council and stated
the Commission held many meetings and put in a lot of work. He is disappointed the
Council did not accept the proposed Charter Amendment to increase the Council from
five to seven. The comment was made by a Councilmember that not all of the
candidates were viable, taking it out of the context it was said in, that's what it meant.
He does not believe that it is the Council's responsibility to decide whether candidates
are viable or not; that's up to the voters. He feels it would be a good change to increase
the Council to seven members and have additional opinions. He is asking Council to let
the citizens vote on all of the proposed Charter Amendments submitted by the Charter
Review Commission.
Mayor Pro -Tem Kyle stated the reason she suggested this be put back on the agenda
is that she did believe that the Charter Review Commission did a tremendous job in
researching and analyzing the issues and they worked closely with the City Attorney's
Office. She does not know that we should, as a Council, pull from the voters something
that has been proposed by the Charter Review Commission for the reasons that have
been stated. Looking at the Charter Review Commission Section 10.15 in our Pearland
Code, she is not sure that Council has the right to do anything but approve the proposal
as submitted by the Charter Review Commission. The City Attorney, under the provision
10.15-A4 may make changes in writing to the proposed Amendment that he/she deems
necessary or desirable. The City Attorney and his staff have made their changes and
they are presented in the Charter Review Commission's Report since they worked
closely together. When you look at Section B of 10.15 of the Pearland Code on this
"Action by the City Council, the City Council shall receive and have published in a
newspaper of general circulation in the City of Pearland any report presented by the
Charter Review Commission, shall consider any recommendations made, and if any
Amendment or Amendments be presented as part of such report, may order such
Amendment or Amendments to be submitted to the voters in the City in the manner
provided by the applicable statute of the State of Texas." The Amendments that are
Page 12 of 18 — 2/8/2010
referred to in Section B are the Amendments that are referred to in Section 10.15- A4
which are the amendments presented by the City Attorney, which there are none other
than the Report itself. She is not sure that Council has the authority to do anything but
either load up or down the proposal. She would strongly recommend that, given the
amount the time that was invested in putting together the Report and the fact they are
reasonable recommendations, the Council owes it to the Charter Review Commission
and to the voters to let them consider this, let them vote it up or down, and let them do
whatever they want to do with it. It is not for us to decide.
Councilmember Sherman stated he agreed to be the second signature to get this back
on the Agenda because after a week of thinking about this, and talking to people it is
his opinion that it makes sense that Council present to the voters what the Charter
Review Commission established as a viable alternative. Whether it gets approved or
not, it is going to have to come down to the voters. Council needs to put some stock in
the group that was put together by the Council to come up with proposed Amendments
and present them to the voters.
Councilmember Saboe stated based on Mayor Pro -Tem Kyle's statements, he feels it is
appropriate to question Council's right to not send the proposed Charter Amendments
to the voters and asked City Attorney Darrin Coker for his opinion.
Darrin Coker stated, regarding the Charter Review Commission's Report, pursuant to
State Law Chapter 9 of the Local Government Code, the City Council can, on its it own
volition, make a change to the Charter without a recommendation of the Charter Review
Commission. The Charter can only be amended every two year and the proposed
Amendments still have to go to the voters. Mayor Pro -Tem Kyle's comments were
related specifically to the Charter Review Commission Report and the provision in the
Charter which may be somewhat negated by the fact that the Council on its own can
make recommended changes to the Charter and send those to the voters. Regardless
of what the text says, the Council does have the ability, pursuant to a separate State
Law, to make its own recommended changes to the Charter and send those to the
voters.
Councilmember Saboe stated, given that this section under question discusses the
Charter Review Commission, and the Amendments that may be proposed by such
Commission for consideration by Council, do you agree that Council may or may not
submit those Amendments to the voters.
City Attorney Darrin Coker stated under Section B, the Council does have the discretion
to select which proposed Amendments they would like to send to the voters.
Councilmember Saboe stated he wished to address the two speakers who presented
tonight. All along this journey, Council has been verbal in extending their appreciation
for the Charter Review Commission's work. He felt the paraphrasing of some of his
Page 13 of 18 — 2/8/2010
comments the last time Council voted were very loose, but he respects that. That is the
tone that anyone could infer. He appreciates the comments; he just happens to
disagree. He respect Mr. Marcott's work and always appreciated the way he made
decisions when he sat on this bench even though he disagreed with some of them. He
just wanted to make sure that Mr. Marcott knew that personally from him.
Councilmember Cole echoed those comments made by Councilmember Saboe to both
of the members of the Charter Review Commission. The Commission did a
tremendous amount of work. The post work, the actual Report, is a tremendous
document, that whatever happens with these amendments going to the voters of not,
will leap frog future Charter Review Commissions in their work because of the catalog of
work that was done in putting all that together in the Report; just the minutes alone in
capturing the data of discussion. Your work will be tremendous in the days to come.
He too has talked to a lot of people in the last month as this thing has been moving to
Council to put it out to a vote. Last week alone he spoke with various groups of people
asking their opinion specifically on five versus seven and the hard cap. The vast
majority of people said not to change anything; the smaller the better from a working
standpoint. The people he spoke with were adamantly against a hard cap. With that, he
will not be changing his vote.
Mayor Pro -Tem Kyle stated she appreciates everyone's viewpoint on this issue and
everyone is entitled to their own opinion. This is not a difficult decision for her. The
Charter Review Commission did what Council expected them to do and presented a
reasonable approach whether she agrees with it is irrelevant. Council should honor the
recommendations of the Charter Review Commission and send the proposed Charter
Amendments to the voters.
Councilmember Saboe asked the City Secretary to read the motion that is on the table.
City Secretary Young Lorfing stated, Pro -Tem Kyle made the motion, seconded by
Councilmember Sherman, regarding the proposed Charter Amendment from the
Charter Review Commission to increase the number of Council seats from five to
seven.
City Attorney Darrin Coker stated essentially the motion was to put this item on the table
for discussion. The motion would need to be amended to accept the Charter Review
Commission recommendation and put the proposed Charter Amendment to the voters.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
accept and put to the voters proposed Charter Amendment "A" in the Charter Review
Commission's Report to Council.
Page 14 of 18 — 2/8/2010
Councilmember Owens stated the Charter Review Commission did an excellent job
going in and taking a look at this. Normally when something is published in the
newspaper that citizens like or don't like, he receives many telephone calls from people
voicing their opinion. He did not receive any calls regarding these proposed Charter
Amendments. He has served a lot of Councils and he feels this Council is doing an
excellent job serving the City. The satisfaction survey that went to citizens did not have
any response that the citizens wanted to increase the size of Council. The survey was
very well received and had positive feedback. He does not feel there is anything that
would be improved by increasing the size of Council and he is reluctant to support the
proposed Charter Amendment.
Mayor Pro -Tem Kyle stated she is familiar with the report Councilmember Owens is
referring to and her understanding was that the question about whether the size of
Council was appropriate or not was not addressed in the report. She believes that by
presenting the Charter Review Commission's recommendation to the voters, it would
give those people who did not read the newspaper or get a call from the consultant
conducting the survey to make a decision. She does not see that Council has any real
down side to letting the voters decide. The Charter Review Commission has made a
proposal. It is not erroneous or unreasonable and Council should just put it to the
voters.
Voting Aye: Councilmembers Kyle, Sherman.
Voting "No" Councilmembers Owens, Saboe and Cole.
Motion Failed 3 to 2.
COUNCIL ACTION — REGARDING PROPOSAL B TO THE PROPOSED CHARTER
AMENDMENTS, ESTABLISHING ABSOLUTE TERM LIMITS (4 TERMS). City Council.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to send
Proposal "B" to the proposed Charter Amendments, establishing absolute term limits (4
Terms).
Councilmember Saboe stated five years ago when he decided to run for office and he
talked to people about why he wanted to run for office, they asked him that question. In
many cases, he turned around and asked them if they thought he was qualified and
would they support him. Quite a few people said they would support him because of his
ability to use his judgment. Council is asked to use their judgment every time they cast
a vote. He is doing that in this case as well. He voted for this item last week and it did
not set well with him. The debate Council had was very confusing. We made an
attempt to amend this and debated it long and heavily. What he was left with was a
vote that was settling for the original proposal by the Charter Review Commission. We
did not have a choice at that point. When there was a vote to reconsider, and
Page 15 of 18 — 2/8/2010
subsequent to that, having thought about that process and how he felt at the time of that
vote, and having had subsequent conversations with at least one member of the
Charter Review Commission, and hearing that same member of the Charter Review
Commission testify tonight that he didn't feel that there was a good place not to have
both of those proposals on the table for voters consider at the same time, he is going to
change his vote tonight and vote no against it.
City Attorney Darrin Coker stated the proposal is to adopt the Charter Review
Commission's recommendation, Proposed Charter Amendment "B", to accept a hard
limit with four three-year terms - a hard term limit of four three-year terms. The motion
on the table is to accept that recommendation and send that to the voters. The term is
actually established in another section and that is not being changed.
Voting "Aye" Councilmembers Kyle and Sherman.
Voting "No" Councilmembers Cole, Saboe and Owens,
Motion Failed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2009-14 — A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE
HOLDING OF A GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY,
MAY 8, 2010, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY
COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, CERTAIN PROPOSED CHARTER AMENDMENTS;
ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING
PROCEDURES FOR SAID REGULAR CITY OFFICERS AND SPECIAL ELECTION.
Mr. Young Lorfing, City Secretary.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-14, as amended.
City Attorney Darrin Coker stated, based on the two actions that took place prior to this
action coming up, Exhibit "C" to this order will need to be amended accordingly.
Proposed Charter Amendment Number Two will need to be removed from Exhibit "C" so
that there will only be one proposed amendment going to the voters.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to remove
Proposed Charter Amendment Number Two as presented in our packet as under
Exhibit "C".
Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole.
Page 16 of 18 — 2/8/2010
Voting "No" Councilmember Kyle.
Motion Passed 4 to 1.
Mayor Reid called for a vote on the original motion as amended.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called to recess the meeting at 9:08 p.m. to reconvene the Workshop to
complete the Projects Update.
Mayor Reid called the meeting back to order at 10:02 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:02 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.
Mr. Bill Eisen, City Manager.
3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
APPOINTMENT OF MUNICIPAL COURT ASSOCIATE JUDGE.
City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:25 p.m.
COUNCIL ACTION — REGARDING MUNICIPAL UTILITY DISTRICT NO. 6.
Page 17 of 18 — 2/8/2010
City Council.
Councilmember Cole made the motion, seconded by Councilmember Sherman, to
appoint Councilmember Steve Saboe and Mayor Pro -Tem Felicia Kyle to serve as
Council representatives in discussions with Municipal Utility District No. 6.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE APPOINTMENT OF MUNICIPAL COURT
ASSOCIATE JUDGE. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 11:26 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of February, A.D.,
2010.
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Tom Reid
Mayor
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Page 18 of 18 — 2/8/2010