2010-05-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 24, 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 7:40 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Felicia Kyle
Councilmember
Ed Thompson
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
Young Lorfing
Absent: Councilmember Steve Saboe
Others in attendance: Jon Branson Assistant City Manager; 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; June Ellis Budget
Officer.
The invocation was given by Councilmember Ed Thompson and the Pledge of
Allegiance was led by Police Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Linda Cowles, on behalf of the Keep Pearland Beautiful Board of Directors, presented
the Parks and Recreation Director Michelle Smith with their highest environmental
award, the Stella Roberts Golden Pear Award, for all the environmental and green
initiatives that the Parks and Recreation Department has initiated over the past two or
three years.
Mayor Reid reported April 11, he attended Dawson High School NROTC
Commissioning Event, met with Brazoria County Judge Joe King on the Tax Abatement
Committee; May 12, attended the Adult Reading Center Board of Directors Meeting,
presented the Mayor's Scholarship to a Dawson High School Senior Student Sarah
Kim; May 13, attended the Pearland Arts League Board of Directors Meeting, spoke at
the American Business Women's Association 5th Anniversary Luncheon, presented the
Mayor's Scholarship to a Pearland High School Senior Student D'Andre Jackson,
attended the Police Service Award Dinner and presented the 30 Year Service Awards;
May 14, attended the Chamber of Commerce Business Before Breakfast; May 15,
presented three Proclamations for the Public Safety Building Dedication and presented
Awards for the Pearland IDOL's Finalists; May 16, was a Judge for the Miss Silverlake
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Church Pageant; May 17, attended the Agenda Meeting, Council Workshop and Special
Meeting for new Councilmembers; May 18, attended the Houston Galveston Area
Council Board of Directors Meeting, chaired the Houston Galveston Area Council Future
Planning Committee and spoke at the Republican Women's Salute to Veterans; May
19, joined City Manager Bill Eisen, Planning Director Lata Krishnarao and Planner I Ian
Clowes for the Employee of the Quarter Recognition Luncheon, attended the Port
Economic Alliance Board of Directors Meeting and joined Councilmember Owens at the
Brazoria County Cities Association Meeting; May 20, joined City Engineer Narciso Lira
at the Golf Coast Water Authority Board of Directors Meeting, attended the KIDS -R -
KIDS Graduation Event; May 21, joined Assistant City Manager Mike Hodge and
Assistant City Manager Jon Branson for the Transportation Policy Council Board of
Directors Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Owens attended a luncheon meeting at the University of Houston Clear
Lake where the Chamber of Commerce made a presentation about the University of
Houston coming to Pearland. August 14 will be the reception and grand opening of the
University of Houston Pearland Campus and they will be holding classes there this fall
semester.
Councilmember Saboe was absent.
Mayor Pro -Tem Sherman attended the Police Awards Banquet on May 13, the grand
opening of the Public Safety Building on May 15, and May 14, he attended the Chamber
of Commerce Business Before Breakfast Meeting. He took a tour of the new library at
Sienna Plantation, the newest library in Fort Bend County, which was a collaboration of
Houston Community College and Fort Bend County. He reported the library at the
Westside substation will likely be opening on June 10. Due to the repair work being
done from the fire at the Alvin Library, the City will have the opportunity to have some
programs at the Westside Substation which we would not have been able to have.
Councilmember Kyle attended the Public Safety Building opening and the Police
Department Annual Awards Banquet. She wished to congratulate Project Manager
Skipper Jones and his team for the good job they did completing the Public Safety
Building.
Councilmember Thompson passed on giving a report
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CITY MANAGER'S REPORT
City Manager Bill Eisen reported it is the 501h Anniversary of the Police Department and
in honor of this, there will be a new badge on all Police vehicles as well as on personnel
badges. He reported a librarian from Alvin will be doing some children's program at the
Westside Library. Mr. Eisen announced that all City offices will be closed on Monday
May 31, 2010 in honor of Memorial Day.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the May 10, 2010,
2. Minutes of the May 17, 2010,
Regular Meeting held at 7:30 p.m.
Special Meeting held at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-38 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, LOTS 2,3, AND 10, IN BLOCK 1, OF AIRPORT SITES
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 5, PAGE 57, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED AT 2910 S. MAIN
STREET, PEARLAND TEXAS) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2010-02 TO ALLOW SNOW -CONE STAND
IN AN EXISTING BUILDING, IN THE LIGHT INDUSTRIAL (M-1)
ZONING DISTRICT, AT THE REQUEST OF JOSEPH KOZA,
APPLICANT AND 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.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
adopt Consent Agenda Items A through B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
MATTERS REMOVED FROM CONSENT AGENDA: None
COUNCIL ACTION — RESOLUTION NO. R2010-69 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE
ISSUANCE OF $1,195,000 UNLIMITED TAX BONDS, SERIES 2010A.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-69. After discussion, this item was tabled.
City Manager Bill Eisen stated this item was originally on the agenda of the last regular
meeting and relates to an approval of the sale of bonds by Brazoria County Municipal
Utility District No. 6. Council had some concerns with regard to the sale of the bonds
and also, including with it, a proposed extension of the maturity dates of the total bonds
being sold by Municipal Utility District No. 6. The City has conveyed those concerns to
the Staff of Municipal Utility District No. 6 and City Attorney Darrin Coker has received
emails from, and had a conversation with, the Attorney for the District. The Municipal
Utility District No. 6 is concerned that they have some ability in the future to extend that
last maturity date from the current 2025 time period but would accept the Council
authorizing the sale of the bond issue that they have proposed with the stipulation that
the maturity date not be extended as a result of this proposed bond sale.
Discussion ensued between Council and City Manager Bill Eisen.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
table Resolution No. 82010-69 to obtain additional information from Municipal Utility
District No. 6.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
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COUNCIL ACTION — RESOLUTION NO. R2010-61 — A RESOLUTION OF THE CITY
OF PEARLAND, TEXAS APPROVING THE RESOLUTION AUTHORIZING THE
ISSUANCE OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE BONDS, TAXABLE SERIES 2010; AUTHORIZING A SALES
TAX REMITTANCE AGREEMENT; AUTHORIZING A CONTINUING DISCLOSURE
UNDERTAKING IN CONNECTION WITH SUCH BONDS; AND MAKING VARIOUS
FINDINGS AND PROVISIONS RELATED TO THE SUBJECTS. Mr. Bill Eisen, City
Manager.
Councilmember Kyle made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-61.
City Manager Bill Eisen stated the Economic Development Corporation Board of
Directors has approved the sale of these bonds. As is required by their set of bylaws, it
is also necessary for Council to approve the bonds. These bonds would finance the
construction of the CS] facility on Kirby Drive.
Ryan O'Hara with RBC Capital Markets reviewed the presentation made to the
Economic Development Board of Directors for Council.
Discussion ensued with Council, City Manager Bill Eisen, Ryan O'Hara of RBC Capital
Markets and Mark Arnold with Andrews Kurth.
Voting "Aye" Councilmembers Thompson, Sherman, and Owens.
Voting "No" Councilmember Kyle.
Motion Passed 3 to 1, with Councilmember Saboe absent.
COUNCIL ACTION — REGARDING THE CREATION OF CITY COUNCIL
COMMITTEES. Mr. Bill Eisen, City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Owens, to
discuss the creation of City Council Committees.
City Manager Bill Eisen stated, Council has adopted a set of goals for the upcoming
twelve-month time period. We will have specific schedules for each of those goals the
second week of June. One particular case was specifically referenced to be created as
a result of those goals. In one case, a continuation of an existing committee is in order.
A third that was not directly associated with a specific committee or a specific reference
to it, may also be something appropriate for the Council to consider at this time. One of
the goals related to public safety strategy is integrating law enforcement activities in the
areas around SH288 and FM518. We have been trying to work through that process in
the last couple of years but have not gotten very far. Councilmembers Kyle and Saboe
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are working in that regard with discussions with Municipal Utility District No. 6. It
appears that there is some real opportunity there to address this issue related to public
safety, in particular, Police service in that area. What is being proposed to you is that
the role of those two Councilmembers, in the discussions they are already involved in,
that law enforcement be added to that committee work already being done. That would
be one of the ways that the particular goal could be approached. The second goal
relates to trying to accomplish a series of financial related goals with Brazoria County.
Councilmember Sherman has been working over the last year with members of the
Commissioners Court of Brazoria County. It seemed logical to expand the role of that
Committee assuming Council is agreeable. Mayor Reid has indicated a willingness to
serve on this Committee. Another goal involved Council leadership to facilitate progress
on strategic initiatives. While that did not reference a committee, it might be a logical
way to involve the Council in addition to them receiving regular written reports on the
status of the goals. Mayor Reid's proposal is that Councilmembers Owens and
Thompson serve in that capacity. As a result of this, all members of the Council would
be serving on a committee of one type or another.
Discussion ensued with Council, City Manager Bill Eisen and Mayor Reid regarding the
specific duties and timelines for the various committees.
Mayor Reid stated no action will be taken on this item.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:45 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 —REAL PROPERTY— REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES.
Mr. Bi!! Eisen, City Manager.
3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. Mayor Tom Reid.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:15 p.m.
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COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH
OTHON. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY— CITY FACILITIES. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 9:16 p.m.
Minutes approved as submitted and/or corrected this the 14th day of June, A.D., 2010.
ATTEST:
V • • ,
S;;� 1 4
Tom Reid
Mayor
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