2011-01-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 10, 2011, 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 7:40 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; Danny Cameron Public
Works Director; Glenn Turner Director of Fire Services; J.C. Doyle Police Chief; Trent
Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City
Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Bob Pearce
Purchasing Officer; Thomas Moncrief Police Captain; Eric Morton Police Officer; Wayne
Moody Police Lieutenant; Adam Carroll Police Officer; Cara Davis Project Manager;
Jennifer Lee Project Manager; Susan Johnson Project Manager; John Walters Urban
Forester.
The invocation was given by Councilmember Saboe and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported January 3, he attended the Agenda Meeting and City Council
Workshops; January 4, attended the Gulf Coast Water Authority Board Meeting;
January 6, attended the Pearland Day in Austin Organization Meeting and the South
East Shrine Club Meeting; January 7, judged the Dawson High School Iron Chef
Cooking Finals and attended the Police Department Promotion Ceremony for Sergeant
Brian Rusk; January 8, road in the Pearland Oiler Parade and presented a
proclamation.
Walter Bartel, CenterPoint Energy, provided Council with an overview of the
CenterPoint Energy Right Tree Right Place Program.
Page 1 of 10 — 1/10/2011
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Saboe, Sherman, and Thompson passed on giving a report.
Councilmember Kyle stated she had the privilege of being called for jury duty for the
Pearland Municipal Court and was impressed with the process and efficiency.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported there was a bank robbery with a hostage situation at
the Chase Bank on Main Street on New Year's Eve and the Police Department did a
spectacular job handling the situation.
Police Chief J.C. Doyle provided Council with a brief overview of the bank robbery
incident. He recognized Police Captain Thomas Moncrief, Lieutenant Wayne Moody,
and Investigator Cecil Arnold for their contributions handling the incident. Investigator
Cecil Arnold spent five hours on the phone negotiating with the robbers and as a result
all the hostages were released unharmed. Chief Doyle thanked everyone that provided
help.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the December 6, 2010, Special Meeting held at 7:30
p.m.
2. Minutes of the December 13, 2010, Regular Meeting held at 7:00
p.m.
3. Minutes of the December 13, 2010, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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,
Page 2 of 10 — 1/10/2011
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, 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.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE CITY OF SUGARLAND FOR COOPERATION IN THE
PURCHASE OF VARIOUS GOOD AND SERVICES. Mr. Bill Eisen,
City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF A CX80 EXCAVATOR. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF A GRAPPLE TRUCK. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF MICHAEL MILLER TO SERVE ON THE
ELECTRICAL BOARD IN POSITION NO. 2, FOR A 2 -YEAR
UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF LANCE BOTKINS TO SERVE ON THE PARKS,
RECREATION AND BEAUTIFICATION BOARD IN POSITION NO. 3,
FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
Page 3 of 10 — 1/10/2011
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through G 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:
COUNCIL ACTION — RESOLUTION NO. R2011-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE WALNUT STREET AND
DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-4.
City Manager Bill Eisen stated this item is a proposed award of a contract for the section
of Walnut Street from Grand Street to Austin Street. Staff is not recommending the
lowest bidder due to concerns with prior experience with the contractor. The proposed
contract is with Calco Contracting, Ltd. in the amount of $2,858,859.50.
Councilmember Kyle asked for verification that the low bidder was notified that they
were not selected to allow them the opportunity to speak on their own behalf.
City Attorney Darrin Coker stated the low bidder was notified in writing and offered the
opportunity to speak to Council.
Discussion ensued between Council and Project Director Trent Epperson regarding the
Resolution.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 4 of 10 — 1/10/2011
COUNCIL ACTION — RESOLUTION NO. R2011-1 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WALNUT
STREET AND DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-1.
City Manager Bill Eisen stated this item is a proposed award of a construction
management contract for the Walnut Street and Drainage Project. The proposed
contractor is Costello, Inc. and the associated fee is $74,000.
Councilmember Thompson stated he would prefer to utilize local firms for City projects.
Discussion ensued between Council and Project Director Trent Epperson regarding the
Resolution.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-2 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE
WALNUT STREET AND DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-2.
City Manager Bill Eisen stated this item is a proposed contract for construction materials
testing on the same project discussed previously. The proposed contract is with Raba-
Kistner Consultants, Inc. in the amount of $99,958.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 10 — 1/10/2011
COUNCIL ACTION — RESOLUTION NO. R2011-5 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE SH 35 INTERIM
LIFTSTATION. Mr. Trent Epperson, Project Director.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-5.
City Manager Bill Eisen stated this item is a contract for part of the SH 35 Sanitary
Sewer Line Project. Staff recommends awarding the contract to David Wight
Construction in the amount of $120,590.
Discussion ensued between Council, Project Director Trent Epperson, and Eddie Kirst,
Kirst Kosmoski, Inc., regarding the Resolution.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-3 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE
ORANGE STREET PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-3.
City Manager Bill Eisen stated Council previously awarded a construction contract for
the Orange Street Project. This item is for the construction materials testing associated
with that project. The proposed firm is Geotest Engineering and the contract amount is
$113,435.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-159 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SEEKING LEGISLATION THAT
PROVIDES BRAZORIA COUNTY CUSTOMERS WITH FULL VOTING MEMBER
REPRESENTATION ON THE GULF COAST WATER AUTHORITY (GCWA) BOARD
OF DIRECTORS. Mr. Bill Eisen, City Manager.
Page 6 of 10 — 1/10/2011
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2010-159.
City Manager Bill Eisen stated the City has contracts of various types with the Gulf
Coast Water Authority for a water supply of up to thirty million gallons per day. The City
of Sugar Land is currently proposing legislation that would increase the Gulf Coast
Water Authority Board by two representatives. There would be one representative for
Fort Bend County and one from Brazoria County. This item would support the
legislation to expand members of the Gulf Coast Water Authority by adding members
from Brazoria County and Fort Bend County
Mayor Reid provided Council with a brief history of the Gulf Coast Water Authority.
Mayor Pro -Tem Sherman stated, if the Resolution is approved, a copy should be
forwarded to the Pearland Chamber of Commerce.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-9 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A MEMORANDUM
OF UNDERSTANDING ASSOCIATED WITH AN ALL HAZARD INCIDENT
MANAGEMENT TEAM. Mr. Roland Garcia, Fire Marshal.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-9; after discussion, this item was tabled.
City Manager Bill Eisen stated this item is a proposed Memorandum of Understanding
between the City and the Texas Forest Services. The City would provide personnel to
participate in the program for training and be required to be available for incidents that
occur in Brazoria or Galveston County.
Fire Marshal Roland Garcia provided Council with an overview of the program and the
benefits to the City.
Councilmember Kyle stated she is impressed with the forethought of establishing this
type of program. The documents refer to the process of the City submitting for
reimbursement for personnel that is dispatched for an incident. She asked if the City
could get some type of guarantee that the City will receive the reimbursement.
Page 7 of 10 — 1/10/2011
Sugar Land Assistant Fire Chief Clay Fenwick provided a detailed review of the
reimbursement process and sources utilized to reimburse the City.
Councilmember Kyle stated there is no doubt the program is a great program; however,
having staff out is a cost to the City. It is her job as a Councilmember to monitor how
tax dollars are spent and she would like more information on the reimbursement
process of the program. She would also like further clarification of the exposure
regarding the event of a City employee being injured while responding to an incident
through this program.
Mayor Pro -Tem Sherman stated he feels this is an important program and asked for
clarification of whether the employee had the option to refuse deployment.
Fire Marshal Roland Garcia stated the employee does have the option to refuse to be
deployed to an incident.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to table
Resolution R2011-9 for further clarification.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1442 — AN ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20 , OFFENSES AND
MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS, AND ADOPTING A NEW ARTICLE Vlll, ILLEGAL SMOKING
PRODUCTS AND INGESTION DEVICES TO PROHIBIT THE USE, PURCHASE,
POSSESSION AND SALE OF ILLEGAL SMOKING PRODUCTS CONTAINING
CERTAIN PLANT, PLANT PRODUCTS OR DERIVATIVES, CHEMICAL COMPOUNDS
APPLIED TO PLANTS, AND PLANT PRODUCTS AND THEIR DERIVATIVES OR
OTHER SUBSTANCES, AND INGESTION DEVICES USED IN CONNECTION WITH
THE ILLEGAL SMOKING PRODUCTS, AND TO PROHIBIT THE USE, PURCHASE,
POSSESSION, AND SALE OF THE SYNTHETIC CANNABINOID PRODUCTS;
DISPENSING WITH A CULPABLE MENTAL STATE AND PROVIDING A PENALTY;
AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, EMERGENCY CLAUSE AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Ordinance No. 1442 on its first and only reading.
Page 8 of 10 — 1/10/2011
City Attorney Darrin Coker stated this item is an Ordinance that refers to K-2 or
synthetic marijuana. This substance is currently prohibited on a federal level; however,
this prohibition does not address local law enforcement concerns. This Ordinance will
allow the Police Department to address occurrences on a local level.
Mayor Pro -Tem Sherman asked if there had been incidences related to this substance
in the City.
Police Chief J.C. Doyle stated there have been instances related to this substance
within Pearland.
Police Officer Eric Morton stated instances involving this substance have substantially
increased in the last several years. There has also been at least one death as a result
of a person smoking the substance. The City of Pearland has had two children and one
adult transported to the hospital as a result of smoking the substance.
Discussion ensued between Council, City Attorney Darrin Coker, Police Chief J.C.
Doyle, and Police Officer Eric Morton regarding the Ordinance.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:30 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING LEGAL MATTERS ASSOCIATED WITH A WATER SUPPLY
CONTRACT. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:22 p.m.
Page 9 of 10 — 1/10/2011
COUNCIL ACTION — REGARDING LEGAL MATTERS ASSOCIATED WITH A WATER
SUPPLY CONTRACT. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH
OTHON. City Council
No action Council taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:23 p.m.
Minutes approved as submitted and/or corrected this the 24th day of January, A.D.,
2011.
""'T -
Tom Reid
Mayor
ATTEST:
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SecreLary
Page 10 of 10 — 1/10/2011