2010-12-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 13, 2010, AT 7:00 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:25 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: Danny Cameron Public Works Director; Glenn Turner Director of
Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge
Assistant City Manager; Claire Bogard Finance Director; Jeff Sundseth EMS Operations
Director; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported November 30, he attended a Library Board Meeting; December 1,
joined Councilmembers Owens and Thompson at the University of Houston Clear Lake
Christmas Party; December 2, joined Councilmember Sherman at the Town Center
Hanukkah Event; December 3, attended the St. Helen's Family Christian Dinner and
joined Council at the Christmas Tree Lighting Ceremony at the Town Center; December
4, rode in the Annual Christmas Parade; December 5, attended the Wiley College
Scholarship Event and presented a proclamation; December 6, joined Executive
Director of the Economic Development Corporation Matt Buchanan for a meeting with
developers; December 7, attended the VFW Pearl Harbor Day Event, the Eyes of
Pearland Christmas Dinner, and the Neighborhood Center Soup Kitchen Event;
December 8, attended the Adult Reading Center Board of Directors Meeting and the
Pearland Chamber of Commerce Christmas Open House; December 9 — 10, attended
the Texas Association Regional Council Meeting representing the City of Pearland and
the Houston -Galveston Area Council; December 11, spoke at the Pine Hollow
Homeowners Association Christmas Event and read the "Night Before Christmas" to
kids at the Alvin Community College Event; December 12, joined Councilmembers for
the Annual Pearland Community Christmas Dinner; December 13, attended the
Pearland School District Education Improvement Committee Meeting.
Page 1 of 11 — 12/13/2010 — 7:00 p.m.
Carol Artz-Bucek, President/CEO of the Pearland Chamber of Commerce, addressed
Council and wished them happy holidays. She thanked Council for their contributions
and assistance throughout the year.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended several events and stated the Parks and
Recreation Department did an outstanding job organizing the Annual Pearland
Community Dinner. It was a great event. The bicycles were donated by CM2Hill
Company which holds a golf tournament each year and purchases bicycles and helmets
with the proceeds.
Mayor Pro -Tem Sherman passed on giving a report.
Councilmember Saboe was absent.
Councilmember Kyle thanked City Staff for all their hard work during the year. She
wished everyone a Merry Christmas and a Happy New Year.
Councilmember Thompson thanked City Staff and stated they have done a wonderful
job this year and Council and the citizens appreciate their work. He also attended the
Economic Alliance Legislative Luncheon
CITY MANAGER'S REPORT
City Manager Bill Eisen thanked City Council and Staff for their efforts throughout the
year. He stated City offices will be closed on December 25tH 27th and 31St for the
holidays.
CITIZENS:
Tammy Dexter, President of Pet Hub Animal Rescue, addressed Council and stated her
organization is a non-profit that is very community oriented. She is representing
concerned residents that own pets regarding the appointment to the Animal Shelter
Advisory Committee. These residents are concerned about the appointment of an
attorney that is not known to participate in any Pearland animal welfare organizations.
They want to verify that the representative does meet the qualifications set forth in the
Board requirements.
DOCKETED PUBLIC HEARING: None
Page 2 of 11 — 12/13/2010 — 7:00 p.m.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the November 22, 2010, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-164 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING SEPTEMBER 2010.
Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-162 — A RESOLUTION 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 AND BRIDGE 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. Mr. Darrin Coker, City Attorney.
Councilmember Kyle asked that Consent Agenda Item C 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 C with the exception of item C, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Kyle Consent Agenda Item C. Resolution R2010-162
was removed for further discussion.
Page 3 of 11 — 12/13/2010 — 7:00 p.m.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-162 — A RESOLUTION 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 AND BRIDGE 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. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Consent Agenda Item C. Resolution R2010-162.
Councilmember Kyle stated the executive summary was not clear regarding the location
of the subject property and she wanted clarification on the location.
City Manager Bill Eisen stated the location is near Hatfield Road.
Councilmember Kyle stated, in the future, she would like the location of the property to
be clearly identified.
Voting "Aye" Councilmembers Thompson, Kyle, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 2000M-74 — 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 0.4218 ACRE, BEING OUT
OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION, ACCORDING TO THE MAP
OR PLAT RECORDED IN VOLUME 35, PAGES 241 AND 242 OF THE BRAZORIA
COUNTY DEED RECORDS. SAID 0.4218 ACRE TRACT ALSO BEING PART OF A
CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA COUNTY
CLERK'S FILE NUMBER 94-040206 (ZONE CHANGE APPLICATION NO. 2010-08Z),
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MCHARD ROAD AND
PEARLAND PKWY, FROM SINGLE FAMILY RESIDENTIAL -1 (R-1), TO OFFICE
PROFESSIONAL (OP), AT THE REQUEST OF THE CITY OF PEARLAND,
Page 4 of 11 — 12/13/2010 — 7:00 p.m.
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.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-74 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. 2010-08Z.
City Manager Bill Eisen stated this property is located at the southwest corner of
McHard Road and Pearland Parkway. The requested zoning would make the land
consistent with the surrounding property and the Future Land Use Plan.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2010-138.
City Council.
Councilmember Kyle made the motion, seconded by Councilmember Thompson, to
remove Resolution No. R2010-138 from the table.
Councilmember Thompson stated he would like to state for the record that he was
opposed to this item being tabled at the last meeting.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2010-138 — 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 Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-138. After discussion, this item was tabled.
Page 5 of 11 — 12/13/2010 — 7:00 p.m.
City Manager Bill Eisen stated the Pearland Economic Development Corporation met to
discuss the proposed changes based on commentary by the Council. This item has
several recommended changes based on Council input. The changes include the ability
for a Councilmember serve as a non-voting member of the Board and references
changes to the limitations of contract amounts without Council approval. The proposed
changes also reference conflicts of interest.
Councilmember Thompson stated he opposed this item being tabled at the last meeting
because he felt that Council had not been clear regarding their expectations for the
document. He feels that having a Councilmember on the Board would possibly inhibit
the discussions on certain agenda items.
Councilmember Kyle stated, she agrees that there should not be a Councilmember
appointed to the Pearland Economic Development Corporation. She feels that the roll
of the Mayor, the City Manager, and others provides enough coverage that there is no
real value in appointing another person.
Mayor Pro -tem Sherman stated, it is his opinion that the bylaws should provide the
opportunity for a Councilmember to be appointed to the Board.
Mayor Reid stated the Pearland Economic Development Corporation is designed to be
an independent entity with no elected officials being appointed to it.
Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin
Coker regarding the Resolution.
Councilmember Saboe entered the Council Chambers at 8:15 p.m.
Councilmember Kyle made the motion, seconded by Councilmember Owens, to table
Resolution No. R2010-138.
Voting "Aye" Councilmembers Owens and Kyle.
Voting "No" Councilmembers Saboe, Sherman, and Thompson.
Motion Failed 3 to 2.
Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin
Coker regarding the Resolution.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to call
the question.
Voting "Aye" Councilmembers Kyle and Owens.
Page 6 of 11 — 12/13/2010 — 7:00 p.m.
Voting "No" Councilmembers Saboe, Sherman, and Thompson.
Motion failed. Roberts Rules of Order require a majority vote on a motion calling the
question.
Motion Failed 3 to 2.
Mayor Reid called for a vote on the original motion.
Voting "Aye" None.
Voting "No" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Motion Failed 5 to 0.
COUNCIL ACTION — REMOVE RESOLUTION NO. R2010-155 FROM THE TABLE.
City Council.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
remove Resolution No. R2010-155 from the table.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-155 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
LEASE/PURCHASE AGREEMENT FOR THE PURCHASE OF CAPITAL EQUIPMENT.
Mr. Bill Eisen, City Manager.
Councilmember Thompson made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-155.
City Manager Bill Eisen stated this item is a proposed lease agreement for various types
of equipment. The item was tabled previously to allow Council to review the previous
agreement.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Page 7 of 11 — 12/13/2010 — 7:00 p.m.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-165 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING EXPENDITURES
FOR THE PURCHASE OF ASPHALT ASSOCIATED WITH VARIOUS ROAD
REHABILITATION PROJECTS. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-165.
City Manager Bill Eisen stated this item and the next are both related to the purchase of
street materials under agreements through Brazoria County. Council is being asked to
consider these items because of the cost amount associated with the purchase.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-166 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING EXPENDITURES
FOR THE PURCHASE OF ASPHALT REJUVENATOR ASSOCIATED WITH VARIOUS
ROAD REHABILITATION PROJECTS. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-166.
City Manager Bill Eisen stated this is the proposed purchase of asphalt rejuvenator
associated with various road projects and will be purchased utilizing a Brazoria County
contract.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE THE
APPOINTMENT OF ALETHEIA LAWRY TO SERVE ON THE ANIMAL SHELTER
ADVISORY COMMITTEE IN POSITION NO. 4, FOR A 3 -YEAR TERM EXPIRING
NOVEMBER 1, 2013. City Council.
Page 8 of 11 — 12/13/2010 — 7:00 p.m.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
remove the appointment of Aletheia Lawry to serve on the Animal Shelter Advisory
Committee in Position No. 4, for a 3 -year term expiring November 1, 2013, from the
table.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF
ALETHEIA LAWRY TO SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE
IN POSITION NO. 4, FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
appoint Aletheia Lawry to serve on the Animal Shelter Advisory Committee in Position
No. 4, for a 3 -year term expiring November 1, 2013.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-161 — A
RESOLUTION BY THE CITY OF PEARLAND, TEXAS, ("CITY") DENYING TNMP'S
PROPOSED RATE INCREASE; FINDING THAT THE EXISTING ELECTRIC
DISTRIBUTION RATES OF TNMP ARE UNREASONABLE AND SHOULD BE
REDUCED; ORDERING TNMP TO REDUCE ITS EXISTING RATES WITHIN THE
CITY OF PEARLAND; ORDERING TNMP TO SUBMIT TARIFFS CONSISTENT WITH
THE RECOMMENDATION OF THE ALLIANCE OF TEXAS -NEW MEXICO POWER
MUNICIPALITIES' ("ATM") CONSULTANTS WORKING IN COORDINATION WITH
OTHER CITIES IN PUBLIC UTILITY COMMISSION DOCKET NO. 38480, ORDERING
TNMP TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN
THIS RATE CASE AND ANY RELATED RATEMAKING PROCEEDINGS OR
APPEALS OF SAID PROCEEDINGS; DETERMINING THAT THE MEETING
COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-161.
Page 9 of 11 — 12/13/2010 — 7:00 p.m.
City Attorney Darrin Coker stated the approval of this item by Council paves the way for
a settlement with respect to the proposed rate increase by Texas -New Mexico Power.
This Resolution will officially deny what they requested.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-163 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City
Manager.
Councilmember Thompson made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-163.
City Manager Bill Eisen stated this item is the award of a bid for the purchase of fleet
vehicles. Ford is phasing out the Ford Crown Victoria and the City will be reviewing
different types of vehicles to be purchased instead of the Crown Victoria model.
Councilmember Thompson asked why the City did not utilize local businesses for the
purchase of fleet vehicles.
City Manager Bill Eisen stated because the purchases are made through a cooperative
agreement and many local businesses are unable to compete with the pricing.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-167 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
CREATING AN ADMINISTRATIVE CAPTAIN POSITION FOR THE EMS
DEPARTMENT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-167.
Page 10 of 11 — 12/13/2010 — 7:00 p.m.
City Manager Bill Eisen stated this item is an issue requesting Council to create a
position for the Fire and EMS Department. This position would ensure adequate
administrative coverage for Staff working twenty-four hour shifts.
Councilmember Saboe stated he wanted to verify that funding for training of current
personnel would not be negatively affected by the funding for this position.
City Manager Bill Eisen stated there will still be adequate funding for the training
programs for personnel.
Brief discussion ensued between Council, City Manager Bill Eisen, and EMS Operations
Director Jeff Sundseth regarding the Resolution.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None
ADJOURNMENT:
Meeting was adjourned at 9:20 p.m.
Minutes approved as submitted and/or corrected this the 10th day of January, A.D.,
2011.
ATTEST:
�• • tSecretafy
Tom Reid
Mayor
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