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2006-05-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 8, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:59 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Public Works Director Danny Cameron; Fire Marshal Steve Chapman; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Director of Finance Claire Manthei; EMS Director Jeff Sundseth; Executive Director of Economic Development Corporation Fred Welch; Project Manager Joe Wertz; and Purchasing Officer Gordon Island. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on April 25, he attended the Pearland Independent School District Honor Luncheon, the Pizza Factory after hours Open House, the Get Acquainted Meeting with Dr. Shelly Gibbs, a candidate for Congress District No. 22, and chaired the Citizens Corps Board of Directors Meeting; April 26, attended Trees for Pearland monthly committee meeting and met with Harris County Director of Citizens Corps, Buck Stevens, and Darrin Coker; April 27, attended the Mary Marek Elementary School welcome to Mrs. Barbara Bush, the Houston Contractors Association's Monthly Meeting, presented a Certificate of Appreciation to former Friendswood City Manager, Ron Cox, presented a Certificate of Appreciation to retiring Acquisition Manager Al Hague, and attended the Chamber Candidate Night; April 28, attended the H -GAC Transportation Policy Council Board of Directors Meeting and welcomed the International Conference of Pastorial Care at First Methodist Church; April 29, attended the Able Communication Open House Event and spoke at the Annual Fundraiser at SRI Meenarshi Temple; May 1, attended the Agenda Meeting, the Council Workshop and Special Meeting, and visited Jeff Brewer with CBL Properties; May 2, attended a New Business Candidate at Pearland Regional Airport and a Pearland Neighborhood Center event; May 3, spoke at the Pearland Neighborhood Center Annual Forum, and attended the Pearland Economic Development Corporation CEO Round Table; May 4, spoke at Page 1 of 11 — 5/8/2006 the National Day of Prayer Event and attended the monthly Shriner Club Meeting; May 5, spoke at the Retirement of Larry Rysavy of Third Coast Packaging, joined the City Manager Bill Eisen to honor the Employee of the Quarter, and visited the Ashton Park Block Party, May 8, joined City Manager Bill Eisen to honor the Full-time Employee of the Quarter. Mayor Reid and Councilmember Marcott presented a proclamation to EMS Director Jeff Sundseth and representatives of the EMS Department, proclaiming May 14th — 20tH 2006 as "Emergency Medical Service Week." EMS Director Jeff Sundseth thanked Mayor Reid, City Manager Bill Eisen and City Council for their support. He gave a brief overview of the Pearland EMS Program and thanked his staff. Councilmember Marcott stated the EMS Program is very important to him as it should be to everyone. His father was the Fire Chief in the small town he grew up in and the EMS Program was a Ford Van with a stretcher. It is good how far the program has come over the years. Mayor Reid presented a proclamation to Pearland High School Students, proclaiming May 26th, 2006 as "Project Graduation Day." Mayor Reid introduced Mayor Ken Corley, the Mayor of the City of Brazoria. COUNCIL ACTIVITY REPORTS Councilmembers Tetens, Owens, Cole, and Saboe passed on giving a report. Councilmember Marcott reported this is the last Regular Council Meeting and he will miss being part of the City Council. CITY MANAGER'S REPORT City Manager Bill Eisen reported a meeting will be held by TxDOT on May 25, 2006 from 6:00 p.m. to 8:00 p.m. at Mary Marek Elementary School in Shadow Creek Ranch. The purpose of the meeting is for TxDOT to hear comments from interested citizens regarding the widening of Shadow Creek Parkway. Mayor Pro -Tem Cole stated Early Voting is currently continuing through May 9, 2006 and voting on Election Day at the Melvin Knapp Building and Jamison Middle School. Mayor Reid asked candidates for the current Election to introduce themselves. Randy Patro stated he is running for City Council Position No. 4 Page 2 of 11 — 5/8/2006 CITIZENS Kenneth W. Payne, 7614 C.R. 110, addressed Council and stated his is present to discuss Resolution No. R2006-60. He owns a 10 -acre tract that is located at the end of this project. This property has an agriculture exemption where he is raising goats. The City of Pearland is planning to take 1.5 acres from his property. If this is done the property will fall below the 10 -acre requirement for an agricultural exemption. The City is also planning on building a bridge for his two neighbors and he feels he should have access to that bridge also. Other problems are the increase of GPM of water along the back of his property and the increase in mosquito populations. He is dissatisfied with the current plan and would like to work with the City to develop a different plan. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — MINUTES 1. Minutes of the April 17, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the April 24, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the May 1, 2006, Special Council Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1264 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR AN AMENDMENT TO THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER RICHARD TETENS' ABSENCE FROM THE APRIL 24, 2006, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-58 — 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 LOWER VALLEY WATER DISTRICT (CLINT, TEXAS) FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Bill Eisen, City Manager. Page 3 of 11 — 5/8/2006 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2006. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1267 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEX OFFENDERS; PROVIDING FOR A PENALTY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 1267 on its first and only reading. Mayor Ken Corley of the City of Brazoria stated in August 2005, the City of Brazoria was looking for a way to improve itself. He wanted to prevent any sex offender from living within the city limits of the City of Brazoria. He was told by his State Representative that it was illegal to prevent $ex offenders from living within the city limits and could not be done. He then came back with the Sex Offender Ordinance, which has been very effective in preventing certain sex offenders from moving into their town. Mayor Pro -Tem Cole stated he appreciates the leadership of Mayor Ken Corley and thanked staff for expediting the process. Councilmember Marcott stated he appreciates the efforts of Mayor Ken Corley Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 4 of 11 — 5/8/2006 FIRST AND ONLY READING OF ORDINANCE NO. 1266 — ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT AND REFUNDING BONDS, SERIES 2006; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS, THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AND EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1266 on its first and only reading as amended. Frank Ildebrando, RBC Capital Markets, Inc., stated this afternoon at 1:00 pm, bids were received. For the last fifteen years, the City has had the lowest interest rate. The market index is now at a 4.63%, slightly higher than historical lows but is still an excellent market. Ten bids were received overall and CitiGroup Global Markets, Inc. had the best bid at 4.7959%, and the second bidder came in at a 4.7969%. Although all the bids received were aggressive, he is recommending that the City of Pearland choose Citi Group of Global Markets. To do this, the City will need to adopt the Bond Order. Brief discussion ensued between Council, City Manager Bill Eisen and Frank Ildebrando regarding the Ordinance. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to amend Ordinance No. 1266 to include CitiGroup Global Markets, Inc.. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Page 5 of 11 — 5/8/2006 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-5 — 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 46.01 ACRES BEING OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 AND 22 ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE 51, BRAZORIA COUNTY PLAT RECORDS, IN THE H. T. & B.R.R. COMPANY SURVEY OR GEORGE C. SMITH SURVEY, ABSTRACT 547, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF FM 1128 (MANVEL ROAD), AND APPROXIMATELY 3,000 FEET SOUTH OF FITE ROAD) (ZONE CHANGE APPLICATION NO. 2006-14Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB) AND TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, 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. Nick Finan, Assistant City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 2000M-5 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. 2006-14Z. City Manager Bill Eisen stated this Ordinance pertains to property located immediately west of FM 1128. The proposed zoning for the property is a combination of General Business and Townhouses. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING ITS INTENT TO MAINTAIN THE JOHN LIZER, MAGNOLIA AND SOUTH FORK ROADWAYS AS NON - TRUCK ROUTES UPON COMPLETION OF THE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Page 6 of 11 — 5/8/2006 Resolution No. R2006-63. City Manager Bill Eisen stated this Resolution designates John Lizer as a non -truck route. Mayor Pro -Tem Cole stated he is glad to see this item handled as quickly as it has been and appreciates the attention from Staff. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MASTER LEASE/PURCHASE AGREEMENT WITH BANK OF AMERICA FOR THE PURCHASE OF A FIRE TRUCK, TWO MINI -EXCAVATORS AND TWO TRAILERS. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-62. City Manager Bill Eisen stated several items were included in the current year budget under the assumption that they would be acquired and the cost would be spread out over a several year period to minimize the effect on the budget. Bids were accepted and Bank of America was the best bidder. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE BAILEY ROAD DRAINAGE IMPROVEMENTS AND THE COWARTS CREEK BASIN DIVERSION DITCH. Mr. Joe Wertz, Project Director. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-60. Page 7 of 11 — 5/8/2006 City Manager Bill Eisen stated this Resolution is an engineering contract for the analysis, preliminary engineering, and final design of improvements in the Cowarts Creek area to address flooding in the area. The proposed firm is JKC & Associates. Mayor Pro -Tem Cole asked if the 1.5 acres that will be taken from Mr. Payne in the current plan is necessary or is there a way to do the project without taking the land. Project Manager Cecil Bowery stated the land could be taken in easement and that would allow Mr. Payne to maintain ownership. Discussion ensued between Council and Project Manager Cecil Bowery regarding the Resolution. Councilmember Marcott stated he is concerned that there is a lot of water that will be moving in different directions. He feels that there needs to be a public meeting so the residents will know what is coming. Assistant City Manager Mike Hodge stated that Staff would review the issues with the water, but part of the project is to mitigate the impact. The effect on the southern areas will be basically zero. Councilmember Marcott stated he understands that, but the residents may not fully understand the concept without a thorough explanation. Mayor Pro -Tem Cole stated he agrees with Councilmember Marcott that the City needs to give the residents an explanation. Discussion ensued between Council and Assistant City Manager Mike Hodge regarding the Resolution. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING SERVICES ASSOCIATED WITH THE BARRY ROSE AND MCHARD ROAD PROJECTS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-61. City Manager Bill Eisen stated this Resolution includes landscaping for both Barry Rose Page 8 of 11 — 5/8/2006 Road and McHard Road. The City only received one bid when the project was advertised, but the bid received was substantially lower than expected costs. The proposed vendor is State -Wide Tree Service and the amount is $254,015. Councilmember Marcott asked if there was a plan to watch the planting of the trees to make sure the problem present on Pearland Parkway was not repeated. Project Manager Cecil Bowery stated there is a plan for what is planted in the landscaping. The City has been very specific with the landscaping contractor on what is wanted and not wanted. Councilmember Marcott stated he does not understand the agricultural names of the trees and would like to know what types of trees are being planted. Project Manager Cecil Bowery stated it is his understanding that the plan includes mostly oak trees and maple trees. Brief discussion ensued between Council and Project Manager Cecil Bowery regarding the Resolution. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR IMPLEMENTATION OF A DEVELOPER/BUILDER SIGN PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-64 as amended. Grant Hayzlett, National Sign Plazas, Inc., addressed Council and stated he would like to thank Council and Staff for the opportunity to submit a bid on this project. Lee Vela, Clear Channel Outdoor, addressed Council and stated the benefits Clear Channel Outdoor could bring to the City's Sign Program. What Council has been provided with is an example of what Clear Channel could produce for Pearland and can certainly be customized to fit what the City would like. Councilmember Saboe asked Assistant City Manager Nick Finan what the nature of the agreement with either vendor would be. Page 9 of 11 — 5/8/2006 Assistant City Manager Nick Finan stated the nature of the agreement would be that the City will be entering into a Kiosk program in which locations and appearance of the signs would be predetermined and the maintenance would be the responsibility of the vendor. Councilmember Saboe stated he would like to see a strategy to provide a remedy if the City decides it is not satisfied with the Sign Program or the vendor performance. Assistant City Manager Nick Finan stated the contract does include verbiage that allows the City to cancel the agreement. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Nick Finan, Grant Hayzlett, National Sign Plazas, and Lee Vela, Clear Channel Outdoor regarding the Resolution. Councilmember Marcott made the motion, seconded by Councilmember Saboe, to amend Resolution No. 2006-64 to add National Sign Plazas, Inc. to implement the Developer/Builder Sign Program. Voting "Aye" Councilmembers Tetens, Marcott, and Saboe. Voting "No" Councilmembers Owens and Cole. Motion Passed 3 to 2. Councilmember Owens stated he does not feel that there is enough information to make a decision on a vendor at this time. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Cole, Marcott, and Saboe. Voting "No" Councilmember Owens. Motion Passed 4 to 1. 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 551.071 — CONSULTATION WITH ATTORNEY: REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. Page 10 of 11 — 5/8/2006 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING PERSONNEL ISSUES — CITY MANAGER. City Council. 3. 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 11:20 p.m. COUNCIL ACTION — REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. No action taken by Council. COUNCIL ACTION — REGARDING PERSONNEL ISSUES — CITY MANAGER. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. ADJOURNMENT Wettng was adjourned at 11:21 p.m. Minutes approved as submitted and/or corrected this the 22nd day of May, 2006. om Reid Mayor ATTEST: M Apo Oil oi� ',i / Page 11 of 11 — 5/8/2006