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2007-04-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 9, 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 8:15 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Blair Others in attendance: J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Andrea Brinkley Project Manager; Cara Nesby Project Manager; Bob Pearce Purchasing Officer; Narciso Lira Assistant City Engineer. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported March 27, he attended the Rotary Scholarship Dinner, the Jamison School Environmental Fair, and the TxDOT SH 35 Public Review; March 28, spoke at the Economic Port Alliance, received an award from the Galveston Brazoria County Hospice Association, and attended the University of Houston Clear Lake Annual Report to the Community; March 29, attended Brazoria County Judge Joe King's State of the County Address, the Gulf Coast Water Authority Board of Directors Meeting, the Keep Pearland Beautiful Open House at the Recycle Center, and the Texas Municipal League Region No. 14 Regional Meeting; March 30, presented a Proclamation and lead the Walk for Life at the American Cancer Society Event; April 2, joined City Manager Bill Eisen for the Employee of the Quarter Luncheon, met with Brazoria County Commissioners Matt Sebesta and Jack Harris, attended the Council Workshop and the Joint Public Hearings with the Planning and Zoning Commission; April 3, met with Brazoria County Commissioners Matt Sebesta and Jack Harris regarding Chocolate Bayou water issues; April 4, joined Executive Director of Economic Development Fred Welch for the Pearland Economic Development Corporation CEO Round Table; April 5, joined City Manager Bill Eisen for the Employee of the Year Luncheon, attended the Chamber Business Expo at Knights of Columbus Hall, cut the ribbon for Office Depot, Page 1 of 11 — 4/9/2007 and spoke at the South East Shrine Club; April 9, spoke to students at Massey Ranch Elementary School and joined City Manager Bill Eisen and Assistant City Manager Nick Finan for a conference call with Metro Vice President John Sedlack. Mayor Reid and Councilmember Saboe presented Knights of Columbus Jimmy Roark, Joseph Zvanut, Richard Halata, Tommy C. Coler, and Gil Goeriq with a proclamation proclaiming April 28, 2007 as "20th Annual Crawfish Festival Day." Mayor Reid and Councilmember Beckman presented a proclamation proclaiming the month of April 2007 as "Child Abuse Prevention Month." COUNCIL ACTIVITY REPORTS Councilmember Saboe, Beckman, Tetens, Kyle and Cole passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen reminded everyone of the May 12th Bond Election. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated the new medians being installed on FM 518 are causing traffic issues and are positioned in areas that will cause problems for traffic and business owners. The medians are also too high for vehicles to clear when trying to turn. He stated the City also needs to look into developing a regional detention pond plan to remove smaller detention ponds from the system. Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she is representing the Pine Hollow Home Owners Association. She stated the City needs to establish minimum requirements for detention pond maintenance. Many other cities have set standards and detailed requirements for detention ponds within their city. home owners associations also struggle with finding capable contractors that can handle the maintenance of a detention pond and have trouble finding the funds to pay for the maintenance. Larry Marcott, 3606 Inverness Court, addressed Council and stated the City is going to award a contract for ditch cleaning. The City needs to make sure the contractor doing the work does not dig below the conduit and prevent the water from draining properly. Neil West, 2218 Country Club Drive, addressed Council and stated several citizens have put together a pact and will be promoting selling City bonds. Brandon Chimek, 3601 Pine Stream Drive, addressed Council and stated he would like to start working with Council and Municipal Utility District No. 18 on detention ponds. Page 2 of 11 — 4/9/2007 He would like to provide some of the financial figures his district spends to maintain their detention ponds and what it takes to maintain these ponds. He does not feel home owners associations are capable of properly maintaining detention ponds. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 26, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR DITCH CLEANING SERVICES. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF SOFTWARE FOR MANAGEMENT OF THE CITY'S FIXED AND CAPITAL ASSETS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING GARY COOK TO TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, POSITION FOUR, FOR A 2 -YEAR TERM TO EXPIRE DECEMBER 31, 2008. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER COLE'S ABSENCE FROM THE FEBRUARY 26, 2007, REGULAR COUNCIL MEETING. City Council. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Page 3 of 11 — 4/9/2007 Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REGARDING THE CITY SECRETARY'S SUBMISSION OF DULY CERTIFIED PETITION FORMS REQUESTING AN ORDINANCE TO REGULATE "SMOKING IN PUBLIC PLACES". Mr. Darrin Coker, City Attorney and Mr. Young Lorfing, City Secretary. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to consider possible action regarding the City Secretary's submission of duly certified Petition forms requesting an Ordinance to regulate "Smoking in Public Places", as amended. Mayor Reid stated he finds it interesting that this item was brought to Council by local students. City Attorney Darrin Coker stated the purpose of the item is for Council to receive and accept the Certified Petition from the City Secretary's Office. The Charter for the City of Pearland allows the citizens to submit a petition to get a piece of legislation approved. City Council can either adopt the Ordinance in the form it was submitted or allow voters to vote on the item in the next election. The decision to adopt the Ordinance does not have to be made at this meeting but does need to be made within 10 days of Council accepting the Petition. He commended the sixth grade students on their work in getting this Ordinance to Council and stated the Ordinance submitted was very well done. If Council does decide to adopt the Ordinance they can adopt the Ordinance and then review the Ordinance and make any small revisions that need to be made. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to amend the original motion to accept the City Secretary's submission of duly certified Petition forms requesting an Ordinance to regulate "Smoking in Public Places" and place the item on the November 2007 Election Ballot to be voted on by the Citizens of Pearland. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Discussion ensued between Council, Mayor Reid, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the petition. Page 4 of 11 — 4/9/2007 Councilmembers commended the students that submitted the petition for their work and efforts. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1322 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY ADDING ARTICLE VI, GRAFFITI ABATEMENT, DECLARING GRAFFITI TO BE A PUBLIC NUISANCE; MAKING IT UNLAWFUL FOR PROPERTY OWNERS TO FAIL TO REMOVE GRAFFITI FROM THEIR RESPECTIVE PROPERTY; PROVIDING FOR A PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1322 on its first reading. City Manager Bill Eisen stated Council has held several Workshops on this item. Larry Marcott, 3606 Inverness, addressed Council and stated he came to Council a number of months ago regarding the graffiti problem appearing in Pearland. It seems to have taken a long time for anything to be done about this problem. This is a growing problem that needs to be overcome by the City. Many people have invested in the City of Pearland and it is important to protect the citizens and their investments. City Attorney Darrin Coker stated Council has discussed this item in several Workshops. Council wanted to take care of the graffiti problem but wanted to temper its effect on the victims of the crime. The individuals are entitled to restitution even though it is not stated in the Ordinance. The Ordinance requires Citizens to have the graffiti removed within 10 days of notification or they will be subject to a fine. Councilmember Saboe stated he was having a very hard time with the City stating enforcements against the victims of graffiti and he is pleased with the compromises in the final Ordinance. Page 5 of 11 — 4/9/2007 Councilmember Cole stated he likes the Ordinance and supports it. It is unfortunate that the City has to write these types of Ordinances for the few people that do not have pride in the appearance of their surroundings. Discussion ensued between Council, Mayor Reid, and City Attorney Darrin Coker regarding the Ordinance. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-60. City Manager Bill Eisen stated this item involves two individual tracts of property that were repossessed for failing to pay taxes to a number of taxing entities in the County. The properties have been for sale for some time and an offer has been received in the amount of $1,875 for each tract. The offer does not cover the costs of back taxes but does get the property back on the tax roll. Councilmember Saboe asked what the consequences of not approving this item would be. City Manager Bill Eisen stated the City would then go back and wait for another offer to be made for the land. The land has been for sale for five or six years and this is the first offer. Councilmember Beckman asked if it is possible that this property would become part of a right-of-way for a project down the road. She is concerned that the City will let this property go and then be required to purchase it down the road for more than the offer. Brief discussion ensued between Council, City Manager Bill Eisen, and Finance Director Claire Manthei regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to table Resolution No. R2007-60. Page 6 of 11 — 4/9/2007 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR SURVEY SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD IMPROVEMENTS. Mr. Trent Epperson, Projects Director. Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-56. City Manager Bill Eisen stated Council previously authorized an engineering design for a waterline along this section of Magnolia Road. This item is a modification of the existing surveying contract to add the scope of work for necessary for surveying for the particular project and several lesser modifications. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-55 — 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 SERVICES ASSOCIATED WITH THE FM 1128 WATERLINE. Mr. Trent Epperson, Projects Director. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-55. City Manager Bill Eisen stated this item refers to an item Council approved 5 years ago regarding an agreement for engineering and construction for water and sewer improvements in the West Lee Subdivision. At that time Council elected not to extend the water line but at this point funds are available to complete the project. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 7 of 11 — 4/9/2007 COUNCIL ACTION — RESOLUTION NO. R2007-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5 ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY AND SWEC OUTFALL MODIFICATIONS. Mr. Trent Epperson, Projects Director. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-54. City Manager Bill Eisen stated this is a large change order that includes a number of different issues. Project Director Trent Epperson provided a detailed explanation of the five issues included in the change order. Councilmember Saboe asked what the mechanism in the contract is to recover the overhead and profit associated with restocking. Project Director stated there is no explicit mechanism but the contract does allow for recovery of the costs. Councilmember Saboe stated he will support this contract since it has been negotiated but he does not feel a company should be able to recover profit. Discussion ensued between Council and Project Director Trent Epperson. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONSTRUCTION BID, A CONSTRUCTION MANAGEMENT/INSPECTION SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES CONTRACT ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION (HARKEY ROAD TO VETERANS DRIVE). Mr. Trent Epperson, Project Director. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-58, as amended. City Manager Bill Eisen stated this is the award of pre -contracts associated with Phase I of the Magnolia Road Extension. Page 8 of 11 — 4/9/2007 Project Director Trent Epperson provided Council with an explanation of the vendor selection process and the details of the contract. Councilmember Saboe asked what the City's experience with PBS & J has been in the past. Project Director Trent Epperson stated the City has not worked with the firm prior to this contract. Discussion ensued between Council, Project Director Trent Epperson, and Gary Hodge, PBS & J regarding the Resolution. Councilmember Saboe stated he would like to amend the item to not include PBS & J until internal issues the company has had can be investigated more thoroughly. Councilmember Cole stated he would also like to better clarify the Utility Coordination item in the contract before approving. Discussion ensued between Council, Project Director Trent Epperson, and Gary Hodge, PBS & J regarding the Resolution. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2007-58 to remove the construction management portion of the contract. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FM 518 WATERLINE. Mr. Trent Epperson, Project Director. Page 9 of 11 — 4/9/2007 Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-57. City Manager Bill Eisen stated this item relates to the earlier award of an engineering contract for a FM 518 waterline that inadvertently did not include several additional services that are needed for the project. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING CONSIDERATION OF UTILIZING UP TO 15% OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR GRANTS TO QUALIFIED SERVICE PROVIDERS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to consider utilizing up to 15% of the City's Community Development Block Grant (CDBG) funding for grants to qualified service providers. City Manager Bill Eisen stated one of the advantages of being an Entitlement City under the CDBG Program is that the City has the opportunity to fund several organizations that provide direct services to persons below the moderate income level. The Council would decide whether they want to do this funding and at what level. Assistant City Manager Nick Finan stated if Council decides to approve this item, a workshop would be held after all the applications have been received to select which organizations would receive the funding. Brief discussion ensued between Council, Mayor Reid, and Assistant City Manager Nick Finan. Voting "Aye" Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:09 p.m. to discuss the following: Page 10 of 11 — 4/9/2007 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS: Council returned from Executive Session at 12:00 a.m. COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. Councilmember Cole made the motion, seconded by Councilmember Kyle, to adjust the salary of the City Attorney in accordance with discussion in Executive Session. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 12:01 a.m. Minutes approved as submitted and/or corrected this the 23rd day of April, A.D., 2007. Tom Reid Mayor ATTEST: Page 11 of 11 — 4/9/2007