2010-08-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 23, 2010, AT 7:30 P.M., IN THE
PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR
TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 8:15 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
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; Bonita J. Hall
Director of Human Resources and Safety Management; Mike Hodge Assistant City
Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard
Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS
Operations Director; Matt Buchanan Executive Director of Economic Development
Corporation; David Whittaker Director of Inspection Services; Mattie Culver Public
Affairs Manager; Bob Pearce Purchasing Officer; Yesenia Garza HR Benefits
Coordinator; June Ellis Purchasing Officer; Paulette Englund Budget Analyst; Carmel
Derosena Budget Analyst; Thomas Moncrief Police Captain.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by
Councilmember Thompson.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on August 10, he spoke to the Rotary Club of Pearland; August 11,
spoke at the Pearland Independent School District New Teachers Breakfast; August 12,
attended the Texas First Bank Reception; August 13, attended the Chamber Before
Business Breakfast, presented Chamber of Commerce Plaques to the Methodist
DeBakey Heart Association and presented a Proclamation to Mable Russett, a one
hundred year old citizen; August 14, participated in the Ribbon Cutting and presented a
Proclamation for the University of Houston Clear Lake Pearland Campus; August 15,
spoke at the Little League Send -Off to the World Series; August 16, attended the
Agenda meeting, presented a Certificate of Recognition to Paul Horn, departing City of
Alvin City Manager, attended the Council Workshops and the Planning and Zoning
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Hearings; August 17, attended the Houston Galveston Board of Directors Meeting and
the Council Budget Meeting; August 18, attended Congressman Pete Olson's Luncheon
Presentation; August 19, attended the Chamber of Commerce Leadership Council,
Trees for Pearland Meeting, joined Assistant City Manager Jon Branson for the
BAYTRAN Luncheon, attended the Gulf Coast Water Authority Board of Directors
Meeting and attended the Adult Reading Center Open House; August 21, joined
Councilman Ed Thompson and Mayor Pro -Tem Scott Sherman for the Texas Municipal
League Region 14 Fall Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Owens stated there was a robbery at the Associated Credit Union
located at the Kroger Grocery Store. He is concerned because this is not the first time
this type of crime has happened and it makes him question the practice of having a
bank inside a grocery store. The purpose of a grocery store is to sell food and there are
many people and kids utilizing the store. He feels that this is going to lead to someone
getting hurt or taken hostage at one of these locations. He feels, for the safety of the
people, that banks should not be located in the grocery store
Councilmember Saboe was absent.
Mayor Pro -Tem Sherman stated the Pearland Little League Team has done an amazing
job and has made the entire City proud. He attended a pep rally to send the team off to
the World Series. He also attended Brazoria Municipal Utility District No. 26 Meeting,
an Adult Reading Center Event, and the TML Event in Galveston.
Councilmember Kyle stated she attended the Little League Pep Rally and the Ribbon
Cutting at the University of Houston Pearland Campus. The Women's Center of
Brazoria County had an event and she had the honor of being a judge in the BBQ
Contest.
Councilmember Thompson stated he attended the Brazoria County Cities Association
and the TML Meeting. A topic at the TML Meeting, that he feels is important, is that the
Legislature will be meeting this coming year on budget issues that could affect the City.
He also enjoyed the Pearland Little League Pep Rally and he feels the Coach made
wonderful comments about what is important in the lives of the children outside of
baseball.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS None.
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DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the June 21, 2010, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the July 19, 2010, Joint Public Hearings held at 6:30 p.m.
3. Minutes of the August 2, 2010,
Public Hearing — Annexation Area
No. 1 held at 6:30 p.m.
4. Minutes of the August 2, 2010,
Public Hearing — Annexation Area
No. 2 held at 6:30 p.m.
5. Minutes of the August 2, 2010,
Public Hearing — Annexation Area
No. 3 and 4 held at 6:30 p.m.
6. Minutes of the August 2, 2010,
Public Hearing — Annexation Area
No. 5 held at 6:30 p.m.
7. Minutes of the August 2, 2010,
Public Hearing — Annexation Area
No. 6 held at 6:30 p.m.
8. Minutes of the August 9, 2010, Regular
Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-71 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING A TRACT OF LAND APPROXIMATELY 5.63 ACRES OF
LAND OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION,
AS RECORDED IN VOLUME 35, PAGE 241 OF THE DEED
RECORDS OF BRAZORIA COUNTY TEXAS AND A TRACT OF
LAND CONTAINING 0.3247 ACRE (14,145 SQUARE FEET) BEING
OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 35,
PAGE 241 AND 242 OF THE BRAZORIA COUNTY DEED RECORDS
(B.C.D.R.). SAID 0.3247 ACRE TRACT ALSO BEING PART OF A
CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA
COUNTY CLERK'S FILE NUMBER (B.C.C. F.) NO. 94- 040206.,
(ZONE CHANGE APPLICATION NO. 2010-02Z), FROM SINGLE
FAMILY RESIDENTIAL -1 (R-1), TO OFFICE PROFESSIONAL (OP),
AT THE REQUEST OF CLAUDIA S. WRIGHT, APPLICANT, ON THE
BEHALF OF GEORGE DAVID SCOTT, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
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SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING JUNE 2010. Mr. Bill Eisen,
City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-43 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY 3.101 ACRE TRACT OF LAND IN
THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 309, BEING PART OF
LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBURBAN GARDENS SUBDIVISION, AS RECORDED IN VOLUME
2, PAGE 23, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS, LOT 1, 1 BLOCK.
GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY,
EAST OF OWER LN. (CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2010-06) TO ALLOW AN INCREASE IN ALLOWABLE
BUILDING HEIGHT, BEING LOCATED IN THE GENERAL BUSINESS
(GB) ZONING DISTRICT AT THE REQUEST OF JACK MCGUFF JR.,
APPLICANT, ON BEHALF OF BRAZOSPORT CARDIOLOGY.,
OWNERS, 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 asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
adopt Consent Agenda Items A through D with the exception of item B, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
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Motion Passed 4 to 0, with Councilmember Saboe absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Owens Consent Agenda Item B was removed for
further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-71 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING A TRACT OF LAND APPROXIMATELY 5.63 ACRES OF
LAND OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION,
AS RECORDED IN VOLUME 35, PAGE 241 OF THE DEED
RECORDS OF BRAZORIA COUNTY TEXAS AND A TRACT OF
LAND CONTAINING 0.3247 ACRE (14,145 SQUARE FEET) BEING
OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 35,
PAGE 241 AND 242 OF THE BRAZORIA COUNTY DEED RECORDS
(B.C.D.R.). SAID 0.3247 ACRE TRACT ALSO BEING PART OF A
CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA
COUNTY CLERK'S FILE NUMBER (B.C.C. F.) NO. 94- 040206.,
(ZONE CHANGE APPLICATION NO. 2010-02Z), FROM SINGLE
FAMILY RESIDENTIAL -1 (R-1), TO OFFICE PROFESSIONAL (OP),
AT THE REQUEST OF CLAUDIA S. WRIGHT, APPLICANT, ON THE
BEHALF OF GEORGE DAVID SCOTT, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Ordinance No. 2000M-71 as presented on the Consent Agenda.
City Manager Bill Eisen stated this item is a Conditional Use Permit request that would
change the zoning of the property from Single Family Residential to office Professional.
The property is located at McHard Road and Pearland Parkway and the request was
recommended for approval by the Planning and Zoning Commission.
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Councilmember Owens stated he pulled the item from the Consent Agenda because he
is concerned with the proposed entrance being located so close to Pearland Parkway.
He would like to see the proposed yield sign near the entrance be changed to a stop
sign to prevent traffic issues.
Councilmember Thompson stated he is not sure how much influence Staff has on the
location of the entrance, but in his opinion the entrance needs to be relocated to avoid
potential traffic issues.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2010-106 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR
BANK DEPOSITORY SERVICES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-106.
City Manager Bill Eisen stated the City entered into a three-year contract with Wells
Fargo Bank for bnaking services with the option for two additional one-year periods.
This item is for the approval of renewing the contract for the first of the two additional
year options.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2010-112 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE COWART DIVERSION
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-112.
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City Manager Bill Eisen stated this item is for the relocation of a pipeline associated with
the Cowart Creek Diversion Project. The total estimated cost for the relocation is
$569,000.
Discussion ensued between Council and Project Director Trent Epperson regarding the
Resolution.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION R2010-111 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ROAD
STRIPING SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2010-111.
City Manager Bill Eisen stated this item is for a bid award for a one-year contract for
road striping services throughout the City as needed.
Councilmember Kyle stated Council did not receive a contract to review and she will not
vote on a contract she has not had the opportunity to review. She will either abstain
from voting or would like to make a motion to table this item until Council is provided
with a copy of the contract.
City Attorney Darrin Coker stated this item is actually not for Council to approve the
contract. The standard procedure for items of this nature is for Council to approve
awarding the bid and authorizing the City Manager to enter into the contract. These
contracts do not typically come to Council for review.
Mayor Pro -Tem Sherman asked if the contract for services has been drafted.
City Attorney Darrin Coker stated the City utilizes a standard services agreement. The
only item that would possibly vary is the scope of services.
Mayor Pro -Tem Sherman stated that if there are no pressing issues regarding striping,
then it would possibly give Council the opportunity to review the contract.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to table
Resolution No. R2010-111 to give Council time to review the contract.
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Voting "Aye" Councilmembers Sherman and Kyle.
Voting "No" Councilmembers Owens and Thompson.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No" Mayor Reid.
Motion Failed with 3 to 2, with Councilmember Saboe absent.
After additional discussion Mayor Reid called for a vote on the original motion
Voting "Aye" Councilmembers Owens and Thompson.
Voting "Abstain" Councilmembers Kyle and Sherman.
Voting "No" None.
Motion Passed 2 to 0, with 2 abstentions and with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION R2010-114 — A RESOLUTION OF THE CITY
COUNCIL FOR THE CITY OF PEARLAND, APPROVING EMPLOYEE INSURANCE
RENEWAL RATES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-114.
City Manager Bill Eisen stated this item was the topic of a previous Workshop and is for
a one-year contract for employee health benefits. There are no changes from the
discussion held in the Workshop.
Discussion ensued between Council, City Manager Bill Eisen, and Director of Human
Resources and Safety Management Bonita Hall regarding the Resolution.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION R2010-113 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING THIRD COAST
PACKAGING, INC. AS A PROJECT UNDER THE TEXAS ENTERPRISE ZONE ACT.
Mr. Matt Buchanan, Executive Director of Economic Development Corporation.
Page 8 of 10 — 8/23/2010
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2010-113.
Executive Director of Economic Development Corporation Matt Buchanan stated there
is a local company that is looking into expanding. Mr. Buchanan provided Council with
an overview of the company, Third Coast Terminals, Inc. He stated the proposed
Resolution, if approved, will nominate Third Coast Terminals, Inc. as a project under the
Texas Enterprise Zone Act.
Mayor Pro -Tem Sherman asked what the expansion plans were and stated there have
been concerns from residents regarding chemicals being released by the company.
Grif Carnes, Vice President Third Coast Terminals, Inc., stated the expansion is a
continuation of the services currently provided. The company only handles
nonhazardous chemicals.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
Mayor Reid recessed the Regular Council Meeting to complete the Workshop at 9:05
p.m.
Mayor Reid called the Regular Council Meeting back to order at 10:01 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:03 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY — DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Bill Eisen, City Manager.
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
Page 9 of 10 — 8/23/2010
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:40 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. City Council.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
authorize staff to proceed with the settlement for the condemnation matter associated
with the acquisition for the Orange Street Town Ditch Project.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:42 p.m.
Minutes approved as submitted and/or corrected this the 13th day of September, A.D.,
2010.
Tom Reid
Mayor
ATTEST:
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