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2007-02-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 26, 2007, 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 Richard Tetens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Kevin Cole. Others in attendance: Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Nick Finan Assistant City Manager; Roland Garcia Interim Fire Marshal; Paul Jamison Fire Chief; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported February 13, he attended the Houston Port Alliance Quality of Life Workshop; February 14, joined City Manager Bill Eisen and Assistant City Manager Mike Hodge for a TxDOT visit with District Engineer; February 15, joined City Manager Bill Eisen and Executive Director of Economic Development Fred Welch for a visit with University of Houston Board of Regents, presented the Annual State of the City Address, and attended the Gulf Coast Water Authority Board of Directors Meeting; February 16, spoke at the Friends of Scouting Breakfast, joined City Manager Bill Eisen and Assistant City Manager Mike Hodge on a visit with new CORPS of Engineers Colonel, and joined Mayor Pro -Tem Tetens and Councilmember Beckman for the H - GAC Annual Meeting; February 19, attended the going away party for Chris Kidwell and the Council Workshop and Public Hearing; February 20 — 21, joined City Manager Bill Eisen and Executive Director of Economic Development Fred Welch in Washington Meeting with CORPS of Engineers, Senator Hutchison and Senator Cornyn regarding small business administration; February 22, attended Chamber Ribbon Cutting for Texas Oncology and Medical Associates and the Bay Area Transportation Partnership Executive Committee; February 23, attended the H -GAC Transportation Partnership Page 1 of 11 — 2/26/2007 Executive Committee Meeting, the Pearland Economic Development Corporation Annual retreat, the Scout Cub Pack 466 Annual Blue and Gold Banquet, and spoke to the student body at Silverlake School; attended the City Council Annual Retreat Workshop, the Scout Pack 468 Annual Blue and Gold Banquet, and the Scout Pack 416 Annual Blue and Gold Banquet; February 25, spoke at the Eagle Scout Court of Honor and the VFW Post 7109 for 35th Anniversary of Post, and chaired the Audit Committee Meeting. Elton Thornell, Pearland Lions Club, stated the Lions Club will be holding their Spring Fund Raiser on Saturday, March 24th, at Epiphany Lutheran Church. Mayor Reid presented a proclamation to Assistant Fire Chief Buck Stevens, Celia Clay, Garland Sparks, and Interim Fire Marshal Roland Garcia proclaiming February 26, 2007, as "Pearland Area Citizens Corps Day." Assistant Fire Chief Buck Stevens presented Council, Assistant City Manager Nick Finan, and City Attorney Darrin Coker with shadow boxes designed to celebrate the 60th anniversary of the Volunteer Fire Department. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he attended the Mayor's State of the City Address and the TxDOT meeting regarding future changes. Councilmember Beckman reported she attended the Mayor's State of the City Address and the H -GAC Annual Meeting. February 18, she participated in a Keep Pearland Beautiful Litter Index. February 20, she attended the Annual Village of Emerald Bay in Shadow Creek Ranch Home Owner's Association. February 21, she attended the Pearland Chamber of Commerce Industry Tour. Mayor Pro -Tem Tetens reported February 13, he attended the Clear Creek Steering Committee Meeting. February 15, he attended the Leadership Pearland and February 16, he joined several others in a meeting with the new CORPS of Engineers Colonel. Councilmember Kyle reported she attended the Council Retreat and the Mayor's State of the City Address. She attended the Texas Association Defense Council Luncheon. Councilmember Cole absent from Chambers. CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended a meeting regarding the Clear Creek Project and stated that Congressman Nick Lampson has made the Clear Creek Project his priority. Page 2 of 11 — 2/26/2007 CITIZENS Alma Nolen, 2106 N. Galveston, addressed Council and stated she is returning to discuss an issue she has brought to Council previously. She has been charged for a water bill from 2001 that she is not responsible for. She has contacted the Water Department regarding this bill and has gotten no response. DOCKETED PUBLIC HEARING: None A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 12, 2007, Regular Meeting held at 7:30 p.m. 2. Minutes of the February 19, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-29 — 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 4.6841 ACRES OF LAND OUT OF TRACT 73 OF THE ZYCHLINSKI SUBDIVISION OF THE R. B. LYLE SURVEY, ABSTRACT 542, ALSO KNOWN AS THE MINOR PLAT OF THE A S ACQUISITION SUBDIVISION, LOT 1, BLOCK 1, AS RECORDED IN DOCUMENT NO. 2006051876 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND APPROXIMATELY 1,000 FEET SOUTH OF KNAPP ROAD), (ZONE CHANGE APPLICATION NO. 2007-01Z), FROM GENERAL COMMERCIAL DISTRICT (GC) TO LIGHT INDUSTRIAL DISTRICT (M-1), AT THE REQUEST OF JIM MURPHY, APPLICANT FOR AS ACQUISITIONS AND DAVE PELTON, 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. Page 3 of 11 — 2/26/2007 C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000T-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Ms. Lata Krishnarao, Planning Director. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ARBITRAGE CONSULTING SERVICES AGREEMENT WITH ARBITRAGE COMPLIANCE SPECIALISTS INCORPORATED. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF HANDHELD RADIOS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR WATER TREATMENT CHEMICALS AND ASSOCIATED ANALYSIS. Mr. Bill Eisen, City Manager G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR BIO -SOLIDS WASTE DISPOSAL SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through G as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, and Kyle. Voting "No" None. Page 4 of 11 — 2/26/2007 Motion Passed 4 to 0, with Councilmember Cole absent. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2007-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY=S COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE ACCOUNTING FIRM OF NULL-LAIRSON. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-25. City Manager Bill Eisen stated the City is required by law to conduct an audit of the City's financial statements. The audit is now completed and ready to be approved by Council. Chris Breaux, Null-Lairson, addressed Council and stated Council has been presented with the Comprehensive Financial Report for the Fiscal Year ending September 30, 2006. As the Auditor, Null-Laison, provides a clean or unqualified opinion on the reports. It is their opinion that the reports are fairly stated. Mr. Breaux provided Council with an overview of the report. Mayor Reid stated the Internal Audit Committee consists of himself, Mayor Pro -Tem Tetens, Councilmember Saboe, Director of Finance Claire Manthei, and City Manager Bill Eisen. The committee has reviewed the report and is comfortable with audit. Councilmember Saboe stated Staff has done a fine job in helping them to understand the complete picture of the City's financials. Voting "Aye" Councilmembers Kyle, Tetens, Beckman and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. FIRST READING ORDINANCE NO. 2000M-30 — 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 0.459 ACRES OF LAND, APPROXIMATELY, BEING LOT 2C OF THE SHARONDALE SUBDIVISION, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF HARKEY ROAD, AND APPROXIMATELY 200 FEET NORTH OF SHARONDALE STREET), (ZONE CHANGE APPLICATION NO. Page 5 of 11 — 2/26/2007 2006-34Z), FROM SUBURBAN RESIDENTIAL — 15 DISTRICT (SR -15) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF JULIETA B. GUERRA, APPLICANT FOR EDWARD TAMEZ, 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 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-30 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. 2006-34Z. City Manager Bill Eisen stated this zone change was originally submitted as a request to change zones to Neighborhood Services. The Planning and Zoning Commission originally heard this request and tabled the item and asked Staff to investigate the possibility of establishing a Mixed Use District. The conclusion was that there were not enough establishments in the area to create a Mixed Use District. The Planning and Zoning Commission chose to apply a more strict zoning of Professional District instead of the Neighborhood Services. Mayor Pro -Tem Tetens stated he feels this zoning is inappropriate and should not be placed in the middle of a residential area. Councilmember Kyle stated she does not agree with this zoning. Councilmember Saboe stated this location is a Mixed Use District already and the applicant has a right to apply for the appropriate zoning for the property. Voting "Aye" Councilmember Saboe. Voting "No" Councilmembers Beckman, Tetens, and Kyle. Motion Failed 3 to 1, with Councilmember Cole absent. FIRST AND ONLY READING OF ORDINANCE NO. 1321 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2007; 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 CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Page 6 of 11 — 2/26/2007 Councilmember Kyle made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to approve Ordinance No. 1321 on its first and only reading. City Manager Bill Eisen stated this item is the award of a bid for the issuance of $23,250,000 in Certificates of Obligation that would finance various projects for the City. Frank Ildebrando, RBC Capital Markets, Inc., provided Council with an overview of the present market conditions. The number of bids received reflects that the market has a great interest in the City of Pearland. The lowest interest rate received was provided by UBS Securities, LLC at a 4.366%. It is the recommendation of RBC Capital Markets, Inc. that Council award the bid to UBS Securities, LLC. Voting "Aye" Councilmembers Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2007-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH CARTER & BURGESS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE SWEC WATER WASTE TREATMENT PLANT PROJECT (PHASE II). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to approve Resolution No. R2007-23. City Manager Bill Eisen stated the City is approaching the completion of design expansion of the Southwest Environmental Center Water Waste Treatment Plan. This item is an agreement with Carter & Burgess Engineering to provide construction management on the project throughout the entire construction phase. City Attorney Darrin Coker stated the contract states this is a 2006 contract, but it is a 2007 contract. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. Page 7 of 11 — 2/26/2007 COUNCIL ACTION — RESOLUTION NO. R2007-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MAINTENANCE CONTRACT WITH ECO RESOURCES, INC. FOR MAINTENANCE SERVICES ASSOCIATED WITH THE WATER AND SEWER INFRASTRUCTURE SERVING THE AREA PREVIOUSLY KNOWN AS BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1. Mr. Danny Cameron, Public Works Director. Councilmember Beckman made the motion, seconded by Councilmember Mayor Pro - Tem Tetens, to approve Resolution No. R2007-22. City Manager Bill Eisen stated ECO Resources has provided maintenance services to Municipal Utility District No. 1 (MUD No. 1) prior to annexation and is continuing to provide certain services. ECO Resources has asked the City to develop a new agreement now that MUD No. 1 has been annexed by the City. Voting "Aye" Councilmembers Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. FIRST READING OF ORDINANCE NO. 1320 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #16), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1320 on its first reading. City Manager Bill Eisen stated this item was the topic of the Public Hearing held previously. This step in the process is to create a Reinvestment Zone for Texas Honing the actual Tax Abatement Agreement will be the next step. Page 8 of 11 — 2/26/2007 City Attorney Darrin Coker stated the Reinvestment Zone has a five-year term and will need to be renewed for an additional five years if the City enters into the Tax Abatement Agreement that is a seven-year agreement. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION R2007-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (PUBLIC WORKS AND ENGINEERING PERSONNEL FOR MUNICIPAL PURPOSES) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL. Mr. Danny Cameron, Public Works Director. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-31. City Manager Bill Eisen stated until this point, the water production and wastewater treatment divisions have both been supervised by the same superintendent. This person is now retiring and the divisions have grown substantially. It is Staff's opinion that this is a good time to consider splitting these divisions and have two separate positions. Mayor Reid stated he feels it is a good idea to get in front of personnel issues before they become a problem due to the City's growth. Councilmember Beckman stated she agrees that it is necessary to approve this item to deal with the growth of the City. Councilmember Saboe asked if a job description had been developed for the position. Public Works Director Danny Cameron stated there has been a job description developed. Councilmember Saboe stated he would like to see Staff consider past communication issues and duty division when filling these positions. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, and Kyle. Voting "No" None. Page 9 of 11 — 2/26/2007 Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2007-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-33. City Manager Bill Eisen stated this item is an annual appropriation for license fees and annual maintenance fees associated with software for the Police Department, Fire Department and Fire Marshal's Office Voting "Aye" Councilmembers Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:50 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CHOCOLATE BAYOU WATER COMPANY. Mr. Darrin Coker, City Attorney NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:30 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CHOCOLATE BAYOU WATER COMPANY. Page 10 of 11 — 2/26/2007 City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:31 p.m. Minutes approved as submitted and/or corrected this the 12th day of March, A.D., 2007. 11_�-4 Tom Reid Mayor ATTEST: 1, — tw"adi-I'm r*S,(n-"gLr-,-'7W ,,Iy SeRary Page 11 of 11 — 2/26/2007 THIS PAGE TO BE LEFT BLANK INTENTIONALLY