2011-04-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 25, 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 7:30 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; Vance Riley Director of Fire Services; J.C. Doyle Police Chief; Trent
Epperson Project Director; Roland Garcia Fire Marshal; Bonita J. Hall Director of
Human Resources and Safety Management; Mike Hodge Assistant City Manager;
Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of
Parks and Recreation; Jeff Sundseth EMS Operations Director; David Whittaker
Director of Inspection Services; Bob Pearce Purchasing Officer; Joel Hardy Grants
Coordinator; Andrea Broughton Assistant City Engineer; Meg McNulty Utility Billing
Services Supervisor.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Fire Chief Vance Riley.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported April 12, he presented a Proclamation to Kids are Kids Health
Week; April 14, welcomed the Houston -Galveston Area Council Sub -Regional Planning
Group Meeting hosted by Assistant City Manager Jon Branson and joined City Council
and Staff at the Pearland Chamber of Commerce Luncheon for Kelsey Seybold; April
15, attended the Mayor Parker's State of the City Address and spoke at the Elks Lodge
Annual Awards Banquet; April 16, presented awards to the winners of the Pearland Idol
Contest and gave the prayer at the Forgotten Angels 10th Anniversary Banquet; April
18, attended the Agenda Meeting and City Council Workshop; April 19, presented
testimony before the House of Representatives for House Bill No. 3612 on Gulf Coast
Water Authority; April 20, presented a Certificate of Appreciation to EMS Director Jeff
Sundseth's Retirement; April 21, attended the Pearland Chamber of Commerce
Leadership Council, the Ribbon Cutting for the Holiday Inn on SH 288, and the Keep
Pearland Beautiful Chamber After Hours Event.
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Mayor Reid and City Manager Bill Eisen presented Fire Marshal Roland Garcia, Fire
Chief Vance Riley, and Staff with a Proclamation proclaiming May 1-7, 2011, as "Arson
Awareness Week."
Mayor Reid, City Manager Bill Eisen, Utility Billing Services Supervisor Meg McNulty,
Utility Billing Office Coordinator Cyndi Martinez, and Director of Public Works Danny
Cameron presented Dante Prescod, Lift Station Operator I, with the Employee of the
Quarter Award.
Mayor Reid asked that all the Candidates in the May 14, 2011, Election present to
please stand and introduce themselves.
Kevin Cole stated that he is running for the Office of the Mayor.
Tammy Dexter stated she is running for City Council Position No. 3.
Mayor Tom Reid stated he is running for the Office of the Mayor.
COUNCIL ACTIVITY REPORTS
Councilmember Owens stated the Greater 288 Partnership Quarterly Luncheon will be
held May 4, 2011, where former U.S. Secretary of Transportation Mary Peters will be
the guest speaker.
Mayor Pro -Tem Sherman stated a Candidate Debate will be held Wednesday, April 27,
2011, at the C.A. Nelson Auditorium at 7:00 p.m.
Councilmembers Saboe and Kyle passed on giving a report.
Councilmember Thompson reported he attended the Forgotten Angels Dinner Event,
which was a fantastic event, and the Pearland Chamber of Commerce Leadership
Dinner. He stated he would like to wish Mayor Pro -Tem Sherman a Happy Birthday.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported that the Arbor Day Recognition Event will be Friday,
April 29, 2011, at the Westside Event Center. He stated the Arbor Pear Run will also be
held May 7, 2011.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None
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CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the November 15, 2010, Special Meeting held at 8:00
p.m.
2. Minutes of the March 21, 2011, Joint Public Hearings held at 6:30
p.m.
3. Minutes of the April 11, 2011, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-47 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY BEING 0.4905 ACRES OF LAND
OUT OF LOTS 3 AND 4 AND BEING 1.6819 ACRES OF LAND OUT
OF LOTS 4 AND 5 OF THE GEORGE W. JENKINS SUBDIVISION AS
RECORDED IN VOLUME 2, PAGE 20, BRAZORIA COUNTY PLAT
RECORDS, LOCATED IN THE PERRY AND AUSTIN LEAGUE,
ABSTRACT NO., 111, BRAZORIA COUNTY, TEXAS LOCATED AT
1417 E. BROADWAY, PEARLAND, TX (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2011-03) TO ALLOW FOR CO -LOCATION
OF ADDITIONAL ANTENNAS ON AN EXISTING TOWER, IN THE
GENERAL COMMERCIAL (GC) ZONE AT THE REQUEST OF
SPRINT NEXTEL C/O ALAN HAGGARD, APPLICANT FOR
BARNETT RANCHING AND LAND MANAGEMENT, OWNER,
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 — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-49 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY 29.43 ACRES OF LAND, BEING A
PART OF THE H.T. & B. R.R. COMPANY SURVEY, SECTION 27,
ABSTRACT 308. THE G. C. SMITH SURVEY, SECTION 28,
ABSTRACT 551, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS, AND BEING PART OF LOTS 172 AND 173 OF THE
ZYCHLINSKI SUBDIVISION RECORDED IN VOLUME 29, PAGE 9,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING
ALL OF THAT CERTAIN 14.7071 ACRE TRACT DESCRIBED IN A
DEED TO AIRGAS SPECIALTY GASES, INC. RECORDED IN
CLERK'S FILE 2007-000736 AND ALL OF THAT CERTAIN 14.7075
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ACRE TRACT DESCRIBED IN A DEED TO AIRGAS SPECIALTY
GASES, INC. RECORDED IN CLERK'S FILE 2007-000739 LOCATED
AT 4344 S. MAIN, PEARLAND, TX (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2011-05) TO ALLOW FOR PETROLEUM
OR PETROLEUM PRODUCT EXTRACTION, REFINING,
MANUFACTURER, OR BULK STORAGE, IN THE HEAVY
INDUSTRIAL (M-2) DISTRICT AT THE REQUEST AIRGAS
SPECIALTY GASES, OWNER, CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-50 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT, APPROXIMATELY
1.995 ACRES OUT OF THE T.J. GREEN SURVEY, ABSTRACT NO.
198, RECORDED IN VOL. 961, PG. 91 OF THE BRAZORIA COUNTY
DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS GENERALLY LOCATED AT: 2617 BROADWAY ST.
PEARLAND, TEXAS. (CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2010-08) TO ALLOW AN AUTOMATED METER SYSTEMS
TOWER AT THE REQUEST OF CENTERPOINT ENERGY,
APPLICANT, AND OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-76 — 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 LOT ONE (1) OF WORRELL ADDITION, BEING A 6.8651
ACRE TRACT OUT OF THE T.D. YOAKUM SURVEY ABSTRACT 399
AND ACH & B SURVEY ABSTRACT 147, PEARLAND, BRAZORIA
COUNTY, TEXAS. LOCATED AT 2801 JOHN LIZER, PEARLAND,
TEXAS, (ZONE CHANGE APPLICATION NO. 2011-03Z), A
REQUEST OF BURT H. CHRISMAN, JR., OWNER AND APPLICANT,
FOR APPROVAL OF A ZONE CHANGE FROM THE
NEIGHBORHOOD SERVICE (NS) ZONE, TO SINGLE-FAMILY
RESIDENTIAL -2 (R-2) ZONE FOR APPROXIMATELY 6.8 ACRES ON
THE FOLLOWING DESCRIBED PROPERTY, PROVIDING FOR AN
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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.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-77 — 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 REALPROPERTY, LOCATION
BEING A 522.62 ACRE TRACT OF LAND SITUATED IN THE H.T. &
B. RR Co. SURVEY, SECTION 80, ABSTRACT 564 AND THE H.T. &
B. RR CO. SURVEY, SECTION 80, ABSTRACT 538, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS; BEING ALL OF A
CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED
RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE
357 AND VOLUME (92) 994, PAGE 172 ALL OF THE BRAZORIA
COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11
THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 & 38
AND THE WEST '/2 OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52
THROUGH 55 AND 8.11 ACRES OF LOT 56 OF THE ALLISON-
RICHEY GULF COAST HOME COMPANY SUBDIVISION
RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY
MAP RECORDS. (ZONE CHANGE APPLICATION NO. 2011-02Z)
SOUTH OF BROADWAY STREET AND SOUTHERN TRAILS DRIVE,
AND REFERRED TO AS THE SOUTHERN TRAILS PLANNED UNIT
DEVELOPMENT, AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, APPLICANT, PROVIDING FOR AMENDMENTS TO
THE SOUTHERN TRAILS PLANNED UNIT DEVELOPMENT,
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THIS
SUBJECT. Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through F 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
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NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2011-50 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
INSTALLATION OF ADAPTIVE TRAFFIC SIGNAL IMPROVEMENTS BETWEEN
KIRBY DRIVE AND FM 1128. Mr. Narciso Lira, City Engineer.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-50.
City Manager Bill Eisen stated this item is the award of a contract to Siemens Industry,
Inc. for adaptive traffic signal improvements. These improvements would create a
system where there will be communication between traffic lights to ease traffic
congestion.
Councilmember Thompson asked if this system will allow the Fire and EMS personnel
to control the lights when traveling to an emergency location.
City Engineer Narciso Lira stated this system does allow Fire and EMS personnel to
control the traffic system.
Discussion ensued between Council, City Manager Bill Eisen, and City Engineer
Narciso Lira regarding the Resolution.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1442-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20,
OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 20-103, ENTITLED DEFINITIONS; HAVING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE, Mr. Darrin Coker, City
Attorney.
No action taken by Council.
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COUNCIL ACTION — RESOLUTION NO. R2011-49 — A RESOLUTION OF THE CITY
11 COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PURCHASE AND INSTALLATION OF AN INTERACTIVE VOICE RESPONSE
SYSTEM ("IVR"). Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-49.
City Manager Bill Eisen stated this interactive voice response system would be utilized
by the Utility Billing Department and the Inspection Services Department and would
allow citizens and vendors to perform certain functions and obtain certain information
electronically.
Councilmember Thompson stated there have been issues with alarms and permits
being updated and asked if that service could be integrated into this system. He stated
the system appears to have the capability to be utilized by other departments to inform
citizens when their permits or licenses are expired.
Purchasing Officer Bob Pearce stated that Staff can review this option, but he does
believe that those items can be added to the service scope.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011.47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE BAILEY ROAD PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2011-47.
City Manager Bill Eisen stated the City has a current agreement with Enterprise Crude
Pipeline, LLC to relocate a 16 -inch pipeline for the Bailey Road Project. The project
originally would have utilized a slick bore installation method; however, since the
agreement was approved Enterprise Crude Pipeline, LLC has requested a change in
the selected installation method. This would increase the cost of the agreement, but
would shorten the time required.
Page 7 of 10 — 4/25/2011
Councilmember Kyle stated the Resolution and contract do not specify that the City is
cancelling a previous contract. She stated that this language should be added to both
the Resolution and contract for clarification purposes.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-46 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO
THE BOARD OF DIRECTORS OF THE SPECTRUM MANAGEMENT DISTRICT.
Mr. Darrin Coker, City Attorney.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-46. After discussion, this item was tabled.
City Attorney Darrin Coker stated this Resolution is to reappoint members of the
Spectrum Management District.
Mayor Pro -Tem Sherman stated he is concerned that only one of the members is a
resident of the City.
City Attorney Darrin Coker stated if this is a concern of the Council, this item can be
tabled to review the issue of appointing more City of Pearland residents.
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
table Resolution No. R2011-46 to inquire if there are any residents of the City of
Pearland that will qualify to serve on this Board.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2011-48 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR STANDBY
GENERATOR MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2011-48.
City Manager Bill Eisen stated this item is for maintenance of various generators
through -out the City. The expenditure estimate is $50,000 for the year and the
recommended vendor is Waukesha Pearce Industries, Inc.
Councilmember Kyle stated the information provided included information that there
was no history information to compare the bid to, but that Staff reviewed a recent
Montgomery County bid for comparison purposes. She asked how the bid compared to
the City bid.
Purchasing Officer Bob Pearce stated the services were slightly different so Staff was
unable to perform a direct comparison; however, the pricing was similar.
Assistant City Manager Jon Branson stated the City has used this vendor previously
and they are very highly regarded for this type of service.
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 8:20 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.074— PERSONNEL MATTERS —DISCUSSION REGARDING
THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council.
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3. SECTION 551.074— PERSONNEL MATTERS —DISCUSSION REGARDING
CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2010
- 2011. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:50 p.m.
COUNCIL ACTION — REGARDING MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
COUNCIL ACTION — DISCUSSION REGARDING THE ANNUAL EVALUATION OF
THE CITY ATTORNEY. City Council.
No action taken by Council.
COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S EVALUATION
AND PERFORMANCE GOALS FOR 2010 - 2011. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 9:51 p.m.
Minutes approved as submitted and/or corrected this the 9th day of May, A.D., 2011.
ATTEST:
Sonia Webb
Deputy City Secretary
Tom Reid
Mayor
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