2010-11-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 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
Scott Sherman
Woody Owens
Steve Saboe
Felicia Kyle
Ed Thompson
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive
Director of Economic Development Corporation; J.C. Doyle Police Chief; Trent
Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City
Engineer; Michelle Smith Director of Parks and Recreation; Rick Overgaard Assistant
Finance Director; Meg McNulty Utility Billing Supervisor; Nell Mathis Delinquent Account
Specialist; Cindy Martinez Utility Billing Office Coordinator; Regena Jager Utility Billing
Records Technician; June Ellis Budget Officer; Paulette Englund Budget Analyst;
Carmel Derosena Budget Analyst.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on October 26, he spoke to the Public Works Employees at the
Appreciation Luncheon and joined Assistant Director of the Pearland Economic
Corporation Ramon Lozano for a United States and China Meeting; October 27 — 29,
joined City Council and Staff Members for the Texas Municipal League Annual
Conference; October 30, spoke at the Sri Meenakski Temple Health Fair; November 1,
attended the Agenda Meeting and Council Workshops; October 2, joined Staff for a
meeting with Rob Istre, General Manager Gulf Coast Water Authority; November 4,
attended the public update on the Brio Site; November 6, visited the Parks Department
Community Garage Sale, cut the ribbon for the Bella Vita Cancer Walk, and attended
the Habitat for Humanity for a Pearland couple.
Mayor Reid and Mayor Pro -Tem Sherman presented Jennifer Duhon with a
Proclamation proclaiming November as "Pancreatic Cancer Awareness Month."
Page 1 of 8 — 11/8/2010
Mayor Reid, City Manager Bill Eisen, Utility Billing Supervisor Meg McNulty, Utility
Billing Office Coordinator Cindy Martinez, and Utility Billing Records Technician Regena
Jager, and her daughter Stephanie Jager presented Delinquent Account Specialist Nell
Mathis with the Employee of the Quarter Award.
Mayor Reid and City Manager Bill Eisen recognized Budget Officer June Ellis,and
Budget Analyst Paulette Englund for being instrumental in the City receiving
Recognition for use of Performance Measures.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Texas Municipal League Event.
Councilmember Saboe reported the Adult Reading Center had a very successful golf
tournament and fundraiser. He also attended one of the two Pearland High School
Football Games and wanted to congratulate the players on a well played season.
Mayor Pro -Tem Sherman and Councilmember Kyle passed on giving a report.
Councilmember Thompson reported that he attended the Texas Municipal League
Event for the first time. There was an event that took place on the USS Lexington which
was a soft spot for him because his father served on the ship during World War II. It
was quite humbling to see the battles the ship endured and the men that lost their lives.
Mayor Reid stated Councilmember Owens also served on the USS Lexington.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported he attended the Texas Municipal League Event. One
of the discussions was the upcoming State Legislative Session and the potential impact
it may have on cities. City office will be closed November 25, 2010 and November 26,
2010 in observance of the Thanksgiving Holiday.
CITIZENS:
Larry Marcott, 3606 Inverness Ct, addressed Council and stated there is a lot of grass
that grows around sidewalks in the City. The majority of citizens pay to have their grass
cut and he believes the owners of these properties should be required to cut the grass
on their land and edge the sidewalk or street. The street lights from Beltway Eight to
the roundabout on Pearland Parkway has been out for months. He has been told that it
is a light company problem, but the City is paying for these lights that do not work. He
would like the City to look into a new traffic light system that has a yellow arrow that
allows a left turn on a green light. The City also needs to hold TxDOT to what they
promised during this exchange of responsibility fcr the traffic lights.
Page 2 of 8 — 1 1/8/2010
DOCKETED PUBLIC HEARING:
Mayor Reid called the Docketed Public Hearing to order at 8:03 p.m.
PURPOSE OF HEARING — REVIEW OF THE PROPOSED PARKS AND
RECREATION MASTER PLAN.
STAFF REVIEW OF THE PROPOSED PARKS AND RECREATION MASTER PLAN.
Director of Parks and Recreation Michelle Smith provided Council with a summary of
the proposed Parks Master Plan.
CITIZEN COMMENTS:
Joshua Smith, 5231 Ryan Acres addressed Council and stated he would like to make a
recommendation on how the survey associated with the current year Parks and
Recreation Master Plan may be improved in future years. It is important that the survey
address how the property necessary for the plan will be obtained. The average citizen
would support the parks; however, if it is specified that the land will be taken from
residents, these citizens may have a different opinion.
COUNCIL/STAFF DISCUSSION:
Councilmember Owens asked for an explanation on the term non-residential
development.
Director of Parks and Recreation Michelle Smith stated there is currently not any fees
associated with non-residential development.
Assistant City Manager Jon Branson stated that it specifically references things such as
homeowners associations that build their own development and the possibility of
providing them with some type of credit for doing so.
Docketed Public Hearing was adjourned at 8:14 p.m.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 11, 2010, Regular Meeting held at 7:30 p.m.
2. Minutes of the October 18, 2010, Joint Public Hearings held at 8:30
p.m.
Page 3of8-11/8/2010
B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF SAMMY LUCARIO TO SERVE ON THE
LIBRARY BOARD IN POSITION NO. 5, FOR A 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2013 AND THE APPOINTMENT OF
TERRY RUIZ IN POSITION NO. 3 FOR AN UNEXPIRED TERM
EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS:
FIRST READING OF ORDINANCE 200OM-73 — 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 APPROXIMATELY 3.0 ACRE TRACT OF LAND OUT OF A 10
ACRE TRACT, A RESIDUE OF D. H, STRIPLING12.000 ACRE TRACT RECORDED
VOLUME 868, PAGE 239 OF THE BRAZORIA COUNTY DEED RECORDS. ALL
BEING PART OF THE SOUTH 99 ACRES OF THE H.T. & B. R. R. CO. SURVEY,
SEC. 7, A-219 AS RECORDED IN VOLUME 595, PAGE 63 OF THE DEED OF
RECORDS OF BRAZORIA COUNTY, TEXAS GENERALLY LOCATED AT: 6301
BROADWAY STREET, PEARLAND TEXAS. (ZONE CHANGE APPLICATION NO.
2010-07Z), AMENDING THE PLANNED DEVELOPMENT DISTRICT (PD), AT THE
REQUEST OF CROWN WAREHOUSE SERVICES, APPLICANT AND OWNER,
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 Saboe made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-73 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2010-07Z.
Page 4of8-11/8/20110
City Manager Bill Eisen stated this is a zoning case that would amend an existing
Planned Development zoning. There was a Public Hearing held in August for a
potential zone change for this property. The request was modified to address Council
concerns at that time.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-147 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
TRAFFIC ENGINEERING SERVICES. Mr. Narciso Lira, City Engineer.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-147. After discussion, this item was tabled.
City Manager Bill Eisen stated this item was the subject of a Workshop held earlier.
The proposed firm is Wilbur Smith Associates and the amount is $458,850.
Councilmember Saboe asked for clarification on the funding sources for this project.
City Manager Bill Eisen stated the Hillhouse Road Project included money for traffic
operation and is the Resolution.
City Engineer Narciso Lira stated the original budget was $74,000 which would include
some work in the Hillhouse facility. The outfitting of the facility would fall more under the
operations side. Staff determined that they would utilize the traffic signal
communications network funding that was already programmed into the Capital
Improvement Project to fund this particular phase of the traffic control services.
Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager
Mike Hodge, City Engineer Narciso Lira, and Butch Babineaux, Wilbur Smith Associates
regarding the funding for the traffic signal communications network project.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to table
Resolution No. R2010-147 for further review.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 5of8-111812010
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2010-138.
Councilmember Kyle made the motion, seconded by Councilmember Thompson, to
remove Resolution No. R2010-138 from the table.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-138 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SECOND
AMENDED BYLAWS OF THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION. Mr. Matt Buchanan, Executive Director of Economic Development
Corporation.
Councilmember Kyle made the motion, seconded by Councilmember Thompson, to
approve Resolution No. R2010-138. After discussion, this item was tabled.
City Manager Bill Eisen stated Council previously reviewed the recommended
amendments to the Pearland Economic Development Corporation (PEDC) Bylaws.
Several revisions were suggested by Council at that time. This item is the revised
recommended amendments that incorporate the majority of Council's requests.
Councilmember Kyle stated she appreciates the fact that the PEDC reconsidered
having a member with a potential conflict of interest leave the room during discussions.
She would change the wording to clarify that the member should be absent from the
room and not just leave the room. In Section 705 the language is confusing and the
process needs to be more direct and simple enough that the average citizen can
understand the intent.
City Manager Bill Eisen stated the thought process was to not specify a dollar amount
so that it could be adjusted in the future if need be.
Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin
Coker, Kurt Evenson, Pearland Economic Development Corporation, and Jim Burnett
Pearland Economic Development Corporation.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to table
Resolution No. R2010-138 for further review.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Kyle.
Page 6 of 8 — 11/8/2010
Voting "No" Councilmember Thompson.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2010-145 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON
AREA COUNCIL 2011 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Thompson, to
appoint Mayor Reid as Delegate and Councilmember Owens as Alternate Delegate to
the Houston -Galveston Area Council 2011 General Assembly and Board of Directors.
Mr. Darrin Coker, City Attorney.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-146 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN UPDATE OF THE
MASTER PARKS PLAN. Ms. Michelle Smith, Director of Parks and Recreation.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-146.
City Manager Bill Eisen stated this item was the subject a Docketed Public Hearing
earlier this evening and is for the approval of the Master Parks Plan.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Mayor Reid recessed the regular meeting to conduct a workshop at 9:34 p.m.
Mayor Reid called the regular meeting back to order at 10:12 p.m.
Page 7of8-11/8/2010
Council adjourned into Executive Session under Texas Government Code at 10:13 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING
THE HIRING OF A FIRE CHIEF FOR THE CITY OF PEARLAND.
Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:55 p.m.
COUNCIL ACTION — REGARDING THE HIRING OF A FIRE CHIEF FOR THE CITY
OF PEARLAND. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:56 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of November, A.D.,
2010.
)"'P"
om Reid
Mayor
ATTEST:
Sonia Webb
Deputy City Secretary
Page 8of8-111812010