2010-03-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 22, 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 7:55 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; J.C. Doyle Police Chief; Roland Garcia Fire Marshal; Mike Hodge
Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of
Parks and Recreation; Jeff Sundseth EMS Operations Director; David Whittaker
Building Official and Rick Overgaard Assistant Finance Director.
The invocation was given by Andrew Galloway from Boy Scout Troop No. 468 and the
Pledge of Allegiance was led by Alex Gonzales from Boy Scout Troop No. 464.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported March 9, he joined Councilmember Scott Sherman at the Pearland
Library Board Meeting; March 10, he attended the Chamber of Commerce Luncheon for
the State of Brazoria County Report; March 11, attended the Pearland Arts League
Board of Directors Meeting, Highway Commissioner Ned HomesTransportation Briefing,
the Chicago Title Company After Hours Event and the South East Shrine Club Monthly
Meeting; March 12, attended the Chamber Before Business Breakfast Event; March 13,
joined Planning Director Lata Krishnarao for the "Journey of Peace" Musical at the
University of Houston Campus; March 15, attended the Agenda Meeting; March 16,
attended the Houston Galveston Area Council Board of Directors Meeting and the Keep
Pearland Beautiful Board of Directors Meeting; March 18, attended the Chamber of
Commerce Leadership Council Meeting and the Gulf Coast Water Authority Board of
Directors Meeting; and March 20, presented Chief Jack Colbath with a Certificate of
Appreciation at his retirement party.
Mayor Reid and Councilmember Owens presented a proclamation to Melanie Glaze
and Rosie Guerra declaring April 2010 Relay for Life Month.
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Mayor Reid and Councilmember Saboe presented a proclamation to Charlie Phillips,
Commissioner Stacy L. Adams Precinct #3, and Dolores Fenwick declaring April 2010
as Child Abuse Prevention Month.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he has been hearing a lot of horror stories regarding
the electricity smart meters which are going to be installed on houses in the Pearland
area this summer. He wants to advise people to be cautious when these meters are
installed and to read their own meter to be aware of what is going on with their usage
numbers.
Councilmember Sherman attended a meeting of the City Library Board on March gth
where he received an update on the current facility. He stressed the importance to the
City for residents to fill out the Census Forms and mail them in. He reported it amounts
to $1700 for the City for every Form that is completed.
Mayor Pro -Tem Kyle reported on the March 9th and 10th , she, City Manager Bill Eisen,
Drainage Commissioner Jeff Brennan and Pearland Economic Development Executive
Director Matt Buchanan traveled to Washington D.C. to meet with Senator Hutchison's
Office, Senator John Cornyn's Office and with Congressman Pete Olson. They also
met with the Army Corps of Engineers regarding several matters of importance to the
City including the SAFER Federal Grant Program for funding for our City to bring in
more paid Fire Fighters over the next couple of years. We should receive sufficient
funds to cover the project. We advocated against a particular collective bargaining bill in
which, if passed, the Federal Government can force local cities and states to allow their
public safety officials to collectively bargain against the tax payers but not put the same
burden on the Federal safety programs. She stated, it is an unfair burden if passed,
and each of our elected officials has indicated that he is in opposition to that bill.
Councilmember Saboe reminded everyone to attend the Adult Reading Center
Luncheon on Thursday, March 25th which is the largest fundraiser for the Center. He
stated, budget demands are high for the Center and the funds are difficult to come by in
these tough economic times. It is a very worthy cause to attend or make a contribution
to.
Councilmember Cole urged everyone to please educate themselves on what is
happening in transportation and transportation funding in Texas over the next three
Legislative Sessions. Councilmember Cole and Councilmember Owens and nine other
Pearland residents created a new organization called the Greater 288 Partnership
whose purpose is to help build a coalition of County and City businesses and others up
and down the 288 region from Galveston to Ft. Bend County and further down. For
every infrastructure related project, especially major regional projects from Downtown
Houston south that affect our region, we need to know about them and a have a voice
Page 2 of 15 — 3/22/2010
in what is happening and shaping what is going to happen in the future on this end of
the Houston Metroplex. These coalitions have been very successful in the Dallas -Ft.
Worth region in getting their fair share of funding. Their ultimate goal is to bring about
and enhance the quality of life. The coalition will be bringing a Workshop to the Council
next Monday. He invited everyone to attend the Kick Off Party for the Pearland
Neighborhood Center Sunday, March 28th at The Village of Town Lake. He is running
for King and Councilmember Kyle is running for Queen. This event is for very good
cause to raise funds for the Neighborhood Center that serves people in need.
CITY MANAGER'S REPORT
City Manager Bill Eisen introduced Glen Turner, who will be the Interim Fire Chief until
mid-June, and Joel Hardy the Grants Coordinator in the Finance Department.
CITIZENS
Alma Nolen, 2102 Galveston, Pearland, Texas, stated she is there to speak against the
$200 for her to pay as a landlord for renters because it would be a hardship on
landlords with multiple properties. She stated she would like the lien removed from her
property. She stated she has sent Councilmembers a letter in an attempt to deal with
this situation.
Carol Artz, 6117 Broadway, Pearland, Texas, President and CEO of the Pearland
Chamber of Commerce thanked Council for their participation and support of Pearland
Day in Austin on February 25tH
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the March 8, 2010, Special Meeting held at
6:00 p.m.
2. Minutes of the March 8, 2010, Regular Meeting held at
7:30 p.m.
Councilmember Owens made the motion, seconded by Mayor Pro Tem Kyle, to adopt
Consent Agenda Item A as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 3 of 15 — 3/22/2010
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
Mayor Reid, with Council's concurrence, moved to Item No. 5 Resolution No. R2010-44
to be considered first on the agenda.
COUNCIL ACTION — RESOLUTION NO. R2010-44 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT
WITH BRAZORIA COUNTY FOR PARTICIPATION IN AN INTERIM LIBRARY AT THE
WESTSIDE EVENTS CENTER. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2010-44.
City Manager Bill Eisen stated, for the last several months, representatives of the both
the City and Brazoria County have been meeting together as a committee to look at
possible ways to provide library services on the west side of town as an interim
measure until more permanent solutions can be developed. City Manager Bill Eisen
and Councilmember Scott Sherman represented the City on the committee and a
number of different alternatives were considered. What appeared to be the most
feasible in the short term, as an interim solution, was the use of a small area within the
Westside Event Center as both a drop off and pick up place for persons seeking to
borrow and return library materials. There will also be a drop box outside the building for
after hours or people can bring them inside during open hours. There will be a Library
staff person at the facility for 20 hours per week. It will be necessary for the County to
hire an individual to drive a delivery van to pick up and deliver materials ordered either
on the internet or at that location. The overall cost of that option on an annual basis is
$50,394. The City representatives have indicated a willingness to pick up the cost for
personnel in this first year and the County would pay the remaining cost of
approximately $15,000 to be used to purchase various equipment needed to establish
the location. This is intended to be an interim solution until something more permanent
can be available.
Dorothy Sacks, 4106 Galloway Drive, addressed Council and stated she is happy that
Council is considering an interim solution because it is often difficult for her to get to the
Library on this side of town. She would like to see Pearland build a large, quality Library
central to town for Pearland.
Michael Parks, 2309 Paradise Canyon Drive, addressed Council and stated with four
children under age seven, a library has been important and number one on his list. He
stated, there has been a skill lost in having the ability to pick up a book and read in this
internet world. He stated it is also important for children to know how to use the library.
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With the increase of families with small children in communities, it is imperative to have
a library on the west side. He stated he wished to thank Council for having this on the
agenda.
Chris Jones, 11404 Island Manor, addressed Council and stated he agrees with the
comments made previously and wished to offer his support for this first initial step to get
the process of a library started.
Elizabeth McLane, a new Library Board Member, introduced herself and stated her
support of the interim measure and she is looking forward to having a second library in
the City.
Mayor Reid indicated that the County has a policy of one library per city which was
reasonable when the city had a population of 30,000, but the needs are different now
when the City has a gross population of 136,000.
Councilmember Sherman appreciates everyone coming out tonight. This is an interim
solution. In the course of discussions, various solutions were explored. He stated, for
where we are right now financially, this is a feasible solution. What you do get now is
for our residents on the west side of town to get and drop off library books. It is not a
full step. It does not stop here. The eventual goal is having a full library, but for this to
happen everyone will have to work together.
Councilmember Cole thanked Councilmember Sherman and City Manager Bill Eisen for
serving on this committee. He wants to make sure we continue toward a solution that
the City and Brazoria County can agree on. He understands this is a tough year for the
budget and thanked the Brazoria County Commissioners for working with the City on
this project.
Councilmember Saboe thanked Councilmember Sherman for his good leadership and
for giving all the extra time for everyone involved in this process. He encouraged the
County to continue reviewing the way the library program is funded and stated the ratios
and the policy of one library per city does not make a lot of sense to him. He considers
this a good short-term solution that has been worked out by the City and Brazoria
County, but feels he as a citizen of Brazoria County, is not getting his fair share of the
library budget.
Mayor Pro Tem Kyle thanked Jeff Tinnani for his leadership on the West Side Library
Project. She also thanked Councilmember Sherman and Brazoria County
Commissioner Stacy Adams on the great job they have done. She feels the record
keeping could and should be improved so that we can take a closer look at this issue
and come up with creative ways to address the funding battle we are facing. She would
challenge Commissioner Stacy Adams to help us look at ways to address this
collectively to present it to the voters or leadership to find the dollars that we need to
move to the next step for this project
Page 5 of 15 — 3/22/2010
Councilmember Owens commended Councilmember Sherman for the good job he did.
He stated, when you look at this, we have a year for design to be able to do this and
probably a year to fifteen months for the construction period. If we started tomorrow, we
are looking at two years out before anything could be built if we had the money. This is
a good interim step. We have a meeting in April where we to set goals for the next year
and this is something we should discuss to be able to do that.
Councilmember Sherman appreciates everyone's support and it is important that we get
the library completed. He stated, what is going to be important now, is that when we get
this interim solution set up, we need people to use it. He encouraged everyone to take
advantage of it.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid with Council's concurrence moved to Item No. 1 Ordinance No. 1415.
FIRST AND ONLY READING OF ORDINANCE NO. 1415 — ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE REFUNDING BONDS, SERIES 201013; PRESCRIBING THE
TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF;
AWARDING THE SALE THEREOF; AUTHORIZING DEFEASANCE, FINAL PAYMENT
AND DISCHARGE OF CERTAIN OUTSTANDING BONDS, AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT TO PROVIDE FOR
THE PAYMENT OF SUCH BONDS; AUTHORIZING THE ENGAGEMENT OF AN
ESCROW AGENT; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN
OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE
BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO;
AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR
AGREEMENT; CONTAINING OTHER MATTERS RELATED THERETO; AND
DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1415 on its first and only reading.
City Manager Bill Eisen stated we have two issues on the agenda related to the sale of
bonds for the water and sewer system. The first item will be refunding of some existing
bonds with the opportunity to save $301,219 or 3.31% over the remaining life of the
bonds. The other item is the sale of new bonds in the amount of $14 million to finance
projects underway or will be under way next year. He introduced Ryan O'Hara RBC
Capital Markets and Marcus Deitz Andrews Kurth Bond Council.
Page 6 of 15 — 3/22/2010
Ryan O'Hara RBC Capital Markets made a presentation to Council.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1414 — ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 2010A; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING
THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF
THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING
OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED
THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Ordinance No. 1414 on its first and only reading.
City Manager Bill Eisen stated this item is the sale of the new revenue bonds to finance
certain improvements to the water and sewer system. Specifics have already been
outlined by Ryan O'Hara RBC Capital Markets.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE OLD TOWNSITE WESTERN
GATEWAY. Mr. Kyler Cole, Old Townsite ED Coordinator.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-38.
Page 7 of 15 — 3/22/2010
Mr. Kyler Cole, Old Townsite ED Coordinator, stated the Old Town Site redevelopment
plan is another project where we are slowly carving out funds to fulfill a redevelopment
plan approved by Council in 2006. The first funded project was the replacement of the
traditional green street signs. The second visible project is the fulfillment of that
redevelopment plan. This is the establishment of the district edge or gateway which is
located at the intersection of McLean and W. Walnut and Broadway. There is a traffic
triangle formed there. That was the western city limit at one time. This helps to
establish or define this as an area that we were going to redevelop. We established
one of the district edges. The intent is to establish that gateway so that when you are
entering into the district you have a visible feature that shows that you are entering into
the historic district. He introduced Project Manager Chris McBride from Knudson and
Sally Morse from Boyer Inc. He thanked Michelle Smith Director of Parks and
Recreation, Ed Grossenheider Parks and Building Maintenance Superintendent, Danny
Cameron Public Works Director and Assistant City Manager Mike Hodge for their
assistant with this project.
Discussion ensued with Council, Mr. Kyler Cole, Old Townsite ED Coordinator and
Chris McBride from Knudson.
Voting "Aye" Councilmembers Owens and Saboe.
Voting "No" Councilmembers Cole, Kyle, and Sherman.
Motion Failed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2010-39 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
MARKETING AND BUSINESS RETENTION SERVICES WITH THE PEARLAND
CHAMBER OF COMMERCE. Mr. Kyler Cole, Old Townsite ED Coordinator.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-39.
City Manager Bill Eisen stated this item is the consideration of the annual contract with
the Chamber of Commerce that the Pearland Economic Development Coporation Board
has reviewed. After some discussion and a few modifications that have been made in
cooperation with the Pearland Economic Development Corporation Staff and the
Chamber of Commerce Board, the Pearland Economic Development Corporation Board
has approved and recommended approval to the Council of this agreement.
Mr. Kyler Cole, Old Townsite ED Coordinator reviewed the contents of the contract for
Council.
Page 8 of 15 — 3/22/2010
Discussion ensued between Council, Mr. Kyler Cole, Old Townsite ED Coordinator and
Carol Artz President & CEO of the Chamber of Commerce.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-43 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS ADOPTING A VOLUNTEER
STIPEND PROGRAM FOR THE PEARLAND VOLUNTEER FIRE DEPARTMENT.
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-43.
City Manager Bill Eisen stated the Fire Department, until two and one-half years ago,
consisted of all volunteer personnel. Two and one-half years ago the City added
personnel to man two stations during the day; one on the east side and one on the west
side. We have several other initiatives which are pending right now. When we were In
Washington, we advocated for two SAFER grants - one for additional paid personnel
sufficient in number to staff three stations twenty-four hours a day; another SAFER
grant which will, when we receive it, give us the ability to recruit additional volunteers.
The City is now looking at potential staffing models with the McGrath Group. The City
should have that report next month. Any additional budgetary implications that we may
have gives us time to work through them during the budget process. In addition Council
has indicated that when Station 5 opens the middle of next year, The City would want to
have paid staff in it. As far as he can foresee, volunteers are going to be a major part of
the Fire Department. One issue we have had is that being a Volunteer Fire Fighter,
takes a tremendous amount of time. A concern of that is acknowledging the time that is
required and somehow encouraging people to take on that responsibility and time
commitment involved, as well as the risk for personal safety. One way that communities
have dealt with that is to offer some kind of stipend program that recognizes the
activities that volunteers put into the fire service. The City is already doing that to some
extent with the stipend we are paying for overnight stays by volunteers at the one
station that we do staff at night. The stipend program that you are being asked to
consider tries to acknowledge specific activities that are involved on the part of the
volunteer fire fighters not just going to fires but going to the necessary training to
perform as a volunteer fire fighter. The second thing is to acknowledge the time away
from people's families. This program acknowledges those activities and it also take into
account with calculations of stipends that individuals would receive each month, the
number of years of service to the department, the rank that they have, and the
certifications they have obtained through their own donation of time over the years. The
Page 9 of 15 — 3/22/2010
City has had this program in place for two months. Because of this, we have a good
idea what the program will cost. In trying to make sure that we have some kind of
predictability with regard to the cost of the program, we propose that the total cost of the
program paid to volunteers be capped at $8,000 per month, $ 96,000 per year with the
remainder of this fiscal year being $72,000.
Discussion ensued between Council, City Manager Bill Eisen and Assistant Chief David
Snyder.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING EMERGENCY
REPAIRS TO THE KIRBY WATER PLANT. Mr. Danny Cameron, Director of Public
Works.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-40.
City Manager Bill Eisen stated, over a period of a couple of months, the City had to
make several improvements and modifications to the Kirby Water Well to make sure
that the City complies with all water quality requirements. The City did those on an
emergency basis because we believed it was important to keep that major aspect of our
water supply up because water that is produced through our own wells is substantially
cheaper than that we purchase. The City made the improvements on an emergency
basis even though they exceed the $50,000 bid amount. Under the terms of the City
Charter, any time emergency expenditures are made which exceed $50,000, it does
require Council ratification.
Discussion ensued between Council and Assistant City Manager Jon Branson.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-41 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ELECTRICITY
AUDIT AGREEMENT WITH UTILITIES ANALYSIS, INC. Mr. Bill Eisen, City Manager.
Page 10 of 15 — 3/22/2010
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Resolution No. R2010-41.
City Manager Bill Eisen stated, last calendar year, the City spent $3.5 million for the
purchase of electricity. There are a number of consulting firms that do an extensive
analysis of bills and payments made by electricity customers to make sure that there
are no billing errors or inconsistencies. The firms that perform that type of service do
this on a contingency basis. If they find no problems, you do not pay them; if they do
find problems where you were over -billed, there is a contingency fee where they keep
some portion of the funds that they recover. It is being recommended that the City enter
into an agreement with Utilities Analysis, Inc. for the electricity auditing service.
Discussion ensued between Council and City Manager Bill Eisen and Finance Director
Claire Bogard.
Mayor Pro -Tem Kyle stated, she would recommend specific time parameters put in the
agreement before we sign off on it.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1416-2010 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9,
ELECTRICITY, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-153,
ENTITLED ADOPTED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1416-2010 on its first reading.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 15 — 3/22/2010
FIRST READING OF ORDINANCE NO. 1211-2010 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE
PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
AMEND ARTICLE III, ENTITLED FIRE CODE, AND TO AMEND ARTICLE VI,
ENTITLED FIRE LANES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle to approve
Ordinance No. 1416-2010 on its first reading as amended.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to amend
Ordinance No. 1211-2010 Section 10-115, Page 9, be changed to read cause or permit
such vehicle to be parked.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1210-2010 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23,
PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1,
ENTITLED PLUMBING CODE ADOPTED; SECTION 23-1.1, ENTITLED LOCAL
AMENDMENTS, SECTION 23-161, ENTITLED FUEL GAS CODE ADOPTED, AND
SECTION 23-161.1, ENTITLED LOCAL AMENDMENTS; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle to
approve Ordinance No. 1210-2010 on its first reading.
Page 12 of 15 — 3/22/2010
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1209-2010 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7,
BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-13,
ENTITLED BUILDING CODE ADOPTED; SECTION 7-13.1, ENTITLED LOCAL
AMENDMENTS, SECTION 7-26, ENTITLED SWIMMING POOL CODE—ADOPTED;
CONFLICTING PROVISIONS, SECTION 7-26.1, ENTITLED SAME—AMENDMENTS,
MODIFICATIONS, ADDITIONS, DELETIONS, SECTION 7-51, ENTITLED
MECHANICAL CODE ADOPTED, AND SECTION 7-51.1, ENTITLED LOCAL
AMENDMENTS, AND TO ADD ARTICLE II 3/, TO BE ENTITLED EXISTING BUILDING
CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1209-2010 on its first reading.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1296-2010 – AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7,
BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE V, ENTITLED
UNSAFE BUILDING ABATEMENT, TO AMEND SECTION 7-81, ENTITLED
RESIDENTIAL CODE ADOPTED; TO AMEND SECTION 7-81.1, ENTITLED LOCAL
AMENDMENTS; TO AMEND SECTION 7-82, ENTITLED ENERGY CODE ADOPTED;
AND TO ADD A NEW SECTION 7-82.1, TO BE ENTITLED LOCAL AMENDMENTS;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Ordinance No. 1296-2010 on its first reading as amended.
Page 13 of 15 – 3/22/2010
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to amend
Ordinance No. 1296-2010 Section R3501.2.1 to read: To avoid relocation of service
lines for future development on the lot, all underground electrical service lines shall be
installed such they run along property or easement lines may only deviate in a
perpendicular line to the point on the building where they are to be connected. All
underground electrical service lines shall be installed in approved conduit and at least
24 inches in depth below the surface of the ground. Exception: This requirement may
be eased on a case by case basis for single family lots larger than 1 acre.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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.
COUNCIL ACTION — RESOLUTION NO. R2010-42 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED
PARTICIPATION IN THE VICTIMS ASSISTANCE GRANT THROUGH THE OFFICE
OF THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Resolution No. R2010-42.
City Manager Bill Eisen stated this is an item related to an application for a Crime
Victim's Assistance Program and it would pay some of the salary and associated costs
for the Crime Victim Liaison position which is currently budgeted in the Police
Department. The amount of funding requested under the grant is $67,500.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10.37 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL EVALUATION OF
THE CITY ATTORNEY. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:17 p.m.
COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY
ATTORNEY. City Council.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to approve a
salary adjustment to the City Attorney based on Council discussions in Executive
Session.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:17 p.m.
Minutes approved as submitted and/or corrected this the 12th day of April, A.D., 2010.
Tom Reid
Mayor
ATTEST:
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