2011-02-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 28, 2011, 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
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Ed Thompson
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
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; Jeff Sundseth EMS Operations Director; Teresa Battenfield Assistant
Project Director; Cara Nesby Project Manager.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported February 15, he attended the Houston -Galveston Area Council
Monthly Board of Directors Meeting and spoke at the Green Tee Terrace Homeowner's
Association Meeting; February 16, attended the BAYTRAN Monthly Luncheon for Harris
County Commissioner Jack Mormon; February 17, presented the Annual State of the
City Address and joined Assistant City Manager Mike Hodge at the Gulf Coast Water
Authority Board of Directors Meeting; February 19, spoke at the Cub Scouts Blue and
Gold Banquet; February 21, chaired the Audit Committee Meeting; February 22 — 24,
joined Council, Staff, and Citizens for Pearland Day in Austin; February 25, attended the
Houston -Galveston Area Council Transportation Policy Council Board of Directors
Meeting and spoke at the Houston -Galveston Area Council Annual Banquet and
Election of Officers Event; February 26, spoke at the Eagle Scout Court of Honor for
Scout Troop No. 414; February 27, presented a proclamation to the Houston Area
Jewish Community Center; February 28, attended the Pearland Independent School
District Education Improvement Committee Meeting.
Page 1 of 10 — 2/28/2011
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Mayor's State of the City Presentation,
Pearland Day in Austin, and a CEO Roundtable Luncheon. He stated Brazoria County
will be approving a Resolution in support of the Public Private Partnership for Highway
288, and he would like the City to approve a similar Resolution.
Councilmember Saboe passed on giving a report.
Mayor Pro -Tem Sherman reported he attended the Pearland Day in Austin and the
Mayor's State of the City Presentation. He also had the honor of attending a taping of
Great Day Houston to promote the Red Hat Literacy Luncheon which will be held March
24, 2011, at the Epiphany Lutheran Church.
Councilmember Kyle reported this Saturday is the Houston Area Women's Center Race
Against Violence Event. The event is a 5K competitive race to support the center in
helping women and children who are victims of domestic and sexual violence.
Councilmember Thompson reported he attended the Mayor's State of the City
Presentation and State Representative Randy Weber's District Meeting and received
great information from both events. He attended Pearland Day in Austin and had an
opportunity to meet with two TxDOT Commissioners to express concerns regarding
transportation in the area. He also attended a meeting with Texas Department of
Insurance Commissioner Mike Geeslan and the CEO Roundtable Meeting at the
University of Houston -Clear Lake.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported in early January Council recognized the officers that
were involved in the very successful handling of the hostage situation on New Year's
Eve Day. The City just received information that one of the detectives Cecil Arnold was
recognized as the Brazoria County 100 Club Police Officer of the Year.
CITIZENS
Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she
represents the Pet Hub Animal Rescue to attempt to build a relationship between the
organization, the City of Pearland, and the Animal Shelter Advisory Committee. The
goal is to promote animal welfare and improve the image of animal control. The
organization is investigating grant options that would help it improve the City. Ms.
Kozanecki provided Council with an overview of the Pet Hub Animal Rescue goals.
Page 2 of 10 — 2/28/2011
Adam Carrol, 5301 Balmorhea Drive, addressed Council and stated he would like the
City to reconsider initiating the bid process for waste management services.
Conducting the bid process is the only way to verify the City is getting the best deal with
the best company.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 14, 2011, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1444 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 117.4457 ACRES OF LAND. Mr. Mike Hodge,
Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-46 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY 8.031 ACRE TRACT OF LAND OUT
OF THE W.D.C. HALL SURVEY, ABSTRACT NO. 70, BRAZORIA
COUNTY, TEXAS, BEING A CALLED 8.11 ACRE TRACT OF LAND
AS DESCRIBED IN VOLUME 1340, PAGE 651 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS LOCATED AT 3801
LIBERTY DRIVE, PEARLAND, TX, (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2011-01), TO ALLOW THE OPERATION OF
GOLDEN RULE SERVICES, INC., AN INSTITUTE OF RELIGIOUS,
EDUCATIONAL, OR PHILANTHROPIC IN NATURE IN THE SINGLE
FAMILY RESIDENTIAL -2 (R-2) ZONE AT THE REQUEST OF ALAN
MUELLER, APPLICANT, ON BEHALF OF THE CARDEN-JACKSON
SCHOOL, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
Page 3 of 10 — 2/28/2011
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-75 — 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 61.217 ACRES
LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36,
HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING A
PORTION OF THAT CERTAIN CALLED 155.4029 ACRE TRACT
(DESIGNATED AS PARTITION NO. 5) OF RECORD IN VOLUME
(91) 880, PAGE 476, OFFICIAL RECORDS OF BRAZORIA COUNTY
(B.C.O.R.) AND FILE NO. R840236, OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.);
AND BEING 56.233 ACRES OF LAND LOCATED IN THE DERRIL
H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS
MORE PARTICULARLY BEING A PORTION OF A CALLED 181.6209
ACRE TRACT CONVEYED TO SUE ALEXANDER MORRISON, BY
INSTRUMENT OF RECORD IN VOLUME 1596, PAGE 93, DEED
RECORDS OF SAID BRAZORIA COUNTY DEED RECORDS, AND
FILE NO. H178351, OFFICIAL PUBLIC RECORDS OF SAID HARRIS
COUNTY (H.C.O.P.R.R.P.); AND BEING 12.810 ACRES OF LAND
LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36,
HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING ALL OF
THAT CERTAIN CALLED 12.597 ACRE TRACT CONVEYED TO
CLEAR BROOK CITY MUNICIPAL UTILITY DISTRICT, BY AN
INSTRUMENT OF RECORD IN FILE NO. U800015, OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY OF SAID HARRIS
COUNTY (H.C.O.P.R.R.P.). (ZONE CHANGE APPLICATION NO.
2011-01Z), GENERALLY LOCATED EAST OF PEARLAND
PARKWAY, NORTH OF PROPOSED HUGHES ROAD, AND EAST
OF CLEAR CREEK, AND REFERRED TO AS PROPOSED THE
PRESERVE AT CLEAR CREEK SUBDIVISION, FROM SINGLE
FAMILY ESTATE DISTRICT (R -E), TO SINGLE FAMILY
RESIDENTIAL -1 (R-1), AT THE REQUEST OF KERRY R. GILBERT
AND ASSOCIATES, APPLICANT, 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.
Page 4 of 10 — 2/28/2011
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1432-1 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1432, THE 2010-2011 ANNUAL BUDGET
ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE
THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER
APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF IRIS BENAVIDES TO SERVE ON THE LIBRARY
BOARD IN POSITION NO. 2, FOR AN UNEXPIRED TERM EXPIRING
NOVEMBER 1, 2013 AND THE APPOINTMENT OF TORI LANDIS IN
POSITION NO. 1, FOR AN UNEXPIRED TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF JASON BYERS TO SERVE ON THE PARKS,
RECREATION AND BEAUTIFICATION BOARD IN POSITION NO. 5.,
FOR AN UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
Page 5 of 10 — 2/28/2011
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 220-10 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ARTICLE 1, IN GENERAL, OF CHAPTER 30, UTILITIES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AUTHORIZE THE
THRESHOLD DELINQUENCY AMOUNT FOR WHICH THE CITY
MAY FILE UTILITY LIENS; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1358-6 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
NON -DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF IRIS BENAVIDES TO SERVE ON THE LIBRARY
BOARD IN POSITION NO. 2, FOR AN UNEXPIRED TERM EXPIRING
NOVEMBER 1, 2013 AND THE APPOINTMENT OF TORI LANDIS IN
POSITION NO. 1, FOR AN UNEXPIRED TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF JASON BYERS TO SERVE ON THE PARKS,
RECREATION AND BEAUTIFICATION BOARD IN POSITION NO. 5.,
FOR AN UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
Page 5 of 10 — 2/28/2011
Mayor Reid asked that Consent Agenda Item I be removed from the Consent Agenda
and will be considered on a future agenda.
Councilmember Kyle asked that Consent Agenda Item B, Ordinance No. 1444, 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 H with the exception of item B and I, 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
As requested by Councilmember Kyle Consent Agenda Item B Ordinance No. 1444
was removed for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1444 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 117.4457 ACRES OF LAND. Mr. Mike Hodge,
Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1444 on its second and final reading.
City Manager Bill Eisen stated this item is the proposed annexation of property into the
existing Municipal Utility District No. 28. The property is approximately 117 acres on the
east side of Clear Creek and along what will be the future extension of Barry Rose
Road.
Councilmember Kyle stated she removed this item from the Consent Agenda because
she expressed her concern regarding the passage of the Ordinance given the
information provided. She will not vote in support of this item.
Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens.
Voting "No" Councilmember Kyle.
Page 6 of 10 — 2/28/2011
Motion Passed 4 to 1.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2011-26 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE OLD ALVIN WATERLINE
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-26.
City Manager Bill Eisen stated this item is to approve a proposed engineering services
contract for the purposes of designing a waterline that would extend along Old Alvin
Road from McHard Road to John Lizer Road. The purpose of the project is to provide
another means of distributing water to the City from the Alice Street Water Treatment
Plant. The proposed engineering firm is Gooden Consulting Services who has done
work for the City in the past with favorable results.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE TWIN CREEK REGIONAL LIFT
STATION PROJECT. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-27.
City Manager Bill Eisen stated this item is a proposed engineering services contract
associated with the Twin Creek Regional Lift Station Project. The recommended firm is
Pate Engineers, Inc. Design Services in the amount of $105,988.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 10 — 2/28/2011
COUNCIL ACTION — RESOLUTION NO. R2011-30 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN MUTUAL AID AGREEMENT
WITH FORT BEND COUNTY. Mr. Jeff Sundseth, EMS Operations Director.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-30.
City Manager Bill Eisen stated this item is a proposed Mutual Aid Agreement between
the City and Fort Bend County for emergency medical services. The terms of the
agreement clarifies that each party is responsible for the welfare of their own employees
regardless of where the services are being performed. There is no monetary exchange,
just a trading of services.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-28 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PARTICIPATION IN THE DEPARTMENT OF JUSTICE -OFFICE OF VIOLENCE
AGAINST WOMEN: COURT TRAINING AND IMPROVEMENTS PROGRAM.
Mr. Joel Hardy, Grants Coordinator.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-28.
City Manager Bill Eisen stated this item is the request for the City to apply for grant
funding under a program that provides training for employees dealing with victims of
sexual assault, domestic violence, and stalking. The employees that would be trained
under the program include the Judges, Court Personnel, local Prosecuting Attorneys,
and the Police Department Victim Liaison. The amount of the grant is $49,628 over a
two-year time period.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 10 — 2/28/2011
�I
COUNCIL ACTION — RESOLUTION NO. R2011-29 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED
PARTICIPATION IN THE VICTIMS ASSISTANCE GRANT THROUGH THE OFFICE
OF THE ATTORNEY GENERAL. Mr. Joel Hardy, Grants Coordinator.
No action taken by Council. This item will be on a future agenda.
COUNCIL ACTION — RESOLUTION NO. R2011-31 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE CULLEN / FM 518 REGIONAL
DETENTION POND PROJECT. Mr. Narciso Lira, City Engineer.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-31.
City Manager Bill Eisen stated this item is a proposed contract for engineering services
associated with a project that was identified in the Detention Study that was completed
within the last year. The contract is an agreement with GC Engineering in the amount
of $207,005.40.
Councilmember Owens stated he appreciates the use of a local firm and local
subcontractors for this project.
Councilmember Thompson stated he appreciates the use of local firms and asked for
clarification of the stakeholders in the area listed in the scope that would meet with
Staff.
City Engineer Narciso Lira provided Council with a brief description of the property
owners in the area.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:14 p.m.
to discuss the following:
Page 9 of 10 — 2/28/2011
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON
ENGINEERING. Mr. Darrin Coker, City Attorney.
2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 8:32 p.m.
COUNCIL ACTION - REGARDING PENDING LITIGATION ASSOCIATED WITH
OTHON ENGINEERING. City Council.
No action taken by Council.
COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 8:32 p.m.
Minutes approved as submitted and/or corrected this the 14th day of March, A.D., 2011.
Tom Reid
Mayor
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Page 10 of 10 - 2/28/2011