2011-03-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 14, 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 8:05 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Ed Thompson
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Kyle.
Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City
Manager; Johnny Spires Assistant Police Chief.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported March 2, he attended the Pearland Economic Development
Corporation Board Meeting; March 3, joined Assistant City Manager Jon Branson for the
BAYTRAN State of the Counties Event, presented a proclamation at Pearland
Independent School District Superintendent Bonny Cain Farewell Event, and presented
a proclamation for the opening of Heritage Bank; March 4, joined Executive Director of
Pearland Economic Development Corporation Matt Buchanan for the Honorable Judge
Ed Emmett's State of the County Event; March 5, attended the Eagle Scout Troop No.
468 Pancake Dinner Event and joined Mayor Pro -Tem Sherman as a judge for the
Pearland High School Art Competition; March 7, attended the Agenda Meeting and met
with Dion McInnis, University of Houston -Clear Lake Vice President for University
Advancement; and the City Council Workshop; March 9, attended the Adult Reading
Center Board of Directors Meeting and joined Pearland Economic Development Staff at
the Ground Breaking of the Autumn Leaves Assistant Living Facility; March 10,
attended the Pearland Chamber of Commerce Monthly Luncheon and the Pearland
Arts League Board of Directors Meeting; attended the Pearland Chamber of Commerce
Business before Breakfast Event; March 13, spoke at the Eagle Scout Troop No. 468
Court of Honor; March 14, spoke to the Clear Lake Area Senior Group at the Melvin
Knapp Senior Center.
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COUNCIL ACTIVITY REPORTS
Councilmember Owens reported that he attended Brazoria County Day in Austin with a
group of a little more than two hundred from Brazoria County. The shrimp boil was well
attended and a great success.
Councilmember Saboe passed on giving a report.
Mayor Pro -Tem Sherman reported that March 1, 2011, he attended the Pearland
Brazoria County Westside Library Committee Meeting where they were provided with
an update from Brazoria County. He also attended the State of the County Address, the
Heritage Bay Grand Opening, and was a celebrity judge at the Youth Action Council Art
Competition held at the Recreation Center. The Adult Reading Center will be hosting
the Red Hat Lady Luncheon on March 24, 2011. Tickets to the event are still available
and there are still sponsorship opportunities available.
Councilmember Kyle was absent.
Councilmember Thompson reported that he attended the Going Away Party for
Pearland Independent School District Superintendent Dr. Bonny Cain. He also
attended a meeting held by State Representative Randy Weber to obtain information
regarding the Pearland Regional Airport and wanted to clarify that he was not at this
meeting as a representative of the City.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated that he will also be a celebrity waiter at the Red Hat Lady
Luncheon Fundraising Event. He also stated that the Annual City Council Planning
Retreat will be held Saturday, March 19, 2011, at the Melvin Knapp Senior Center at
8:30 a.m.
CITIZENS
Larry Marcott, 3606 Inverness Court, addressed Council and stated the contractor that
placed sod on Dixie Farm Road did not complete the job properly and the workers
continue to park on the grass in the subdivision and have not repaired the areas. The
City needs to do something so that the grass will grow properly. The bridges over
Mary's Creek Bypass and Cowarts Creek were not constructed wide enough and
someone is going to get hurt. There needs to be a sign in place warning drivers of the
narrow road. He also stated the drainage issues on Dixie Farm Road have not been
addressed and are still causing problems in the area, and the lights are not working on
Pearland Parkway. The City should not be paying for lights that are not functioning
correctly.
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Raymond Ruiz, 2021 Creek Run Drive, addressed Council and stated he is
representing the Friends of the Pearland Westside Library. He stated there is a new
slate of officers who are looking for new ways to address the issues with Brazoria
County. The annex at the Westside Event Center has been very successful. The first
quarter numbers from December to February showed that 9,435 items were checked
out, 11,711 items were returned, there were 875 users, and 6,320 households were
satisfied. These numbers prove that there is a need for a library on the Westside. The
Westside Library Group will be participating in a school Bizarre on April 9, 2011, from
12:00 p.m. to 4:00 p.m. at Wilder Elementary in Shadow Creek Ranch. He invited
Council to participate in the event.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 28, 2011, Regular Meeting held at 7:30
p.m.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through A as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2011-34 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS
PERMIT. Ms. Colene Cabezas, Recreation Superintendent.
Passed no action taken by Council.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-33 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 4 AUTHORIZING THE ISSUANCE OF $2,640,000 UNLIMITED TAX
BONDS, SERIES 2011. Mr. Darrin Coker, City Attorney.
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Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-33.
City Manager Bill Eisen stated this item is a request from Municipal District No. 4 to
issue Unlimited Tax Bonds, Series 2011 for necessary water and sewer improvements.
The City will be annexing this area in December 2012 and the City will become
responsible for the debt; however, the City would be responsible for these repairs at the
time of annexation if they are not completed at this time.
Councilmember Thompson asked for clarification on whether there would be any cost
associated with transferring these bonds to the City at the time of the annexation.
Craig Rathman, Rathman and Associates, stated the bond purchase has been
structured in a manner that is compatible with the City. The City will assume the
obligation at the time of the annexation without any additional requirements or fees.
Councilmember Owens asked if there would be a difference in the rate the City would
be able to obtain for this bond sale from what the Municipal Utility District has obtained.
Craig Rathman, Rathman and Associates, stated the Municipal Utility District is highly
rated entity and there will be not be a great difference between the interest rates.
Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
FIRST READING OF ORDINANCE NO. 2011-1445 — AN ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, DEFINING CERTAIN TERMS; MAKING IT UNLAWFUL TO
PROTEST WITHIN 1000 FEET OF FUNERAL SERVICES. PROVIDING PENALTIES
FOR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF
ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND FINDING FACT. City Council.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2011-1445, on its first reading.
Councilmember Owens stated he asked to have this issue be brought before Council
because of the protest occurring at the funerals of veterans across the country. To
protect the honor of those veterans and their families, these protests should not be
allowed. He is a veteran and does not feel protesting at the funerals of veterans is
appropriate since they are the ones that gave people that right in the first place.
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City Attorney Coker stated this issue has been prevalent in the media and recently the
United States Supreme Court issued an opinion that individuals that want to protest at a
funeral have the right to protest. In this same opinion it was stated that governmental
entities do have the right to regulate the time, manner, and place these protests can
occur as long as the restrictions are reasonable and a compelling interest is provided.
The compelling interest provided in the case is the protection of the rights of the veteran
and their families as they mourn the loss of a loved one. The proposed Ordinance does
not prohibit the protesting, but restricts the protesters to be one -thousand feet from the
funeral services.
Mayor Pro -Tem Sherman stated he agrees with the statement made by the Supreme
Court Justice Samuel Alito in which he stated that in order to have a society in which
public issues can be openly and vigorously debated it is not necessary to allow the
brutalization of innocent victims. He believes this ordinance will allow the City to stop
protest within one -thousand feet of a funeral service.
Councilmember Thompson stated the Ordinance assesses a fine of $500 per person
and he feels this amount should be possibly increased if it would not make the
restrictions considered unreasonable.
City Attorney Darrin Coker stated the amount of the fee is associated with the
classification of the offense relating to the City's established fees.
Mayor Reid stated it is hard to imagine the motive of American Citizens who would
protest veterans, many of which have died defending our own country. He commends
Councilmember Owens and Mayor Pro -Tem Sherman for bringing this item to Council
for a vote.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:55 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072— REAL PROPERTY— REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES.
Mr. Bill Eisen, City Manager.
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2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:18 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 9:19 p.m.
Minutes approved as submitted and/or corrected this the 14th day of March, A.D., 2011.
Tom Reid
Mayor
ATTEST:
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