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2007-10-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 22, 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 7:45 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Steve Saboe Councilmember Woody Owens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Danny Cameron Public Works Director; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; Theresa Grahmann Senior Planner; Bob Pearce Purchasing Officer; Michelle Smith Assistant Director of Parks and Recreation. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported October 10, he attended the Adult Reading Center Board of Directors Meeting; October 11, attended the Ribbon Cutting for the Half Price Book Store and the afternoon reception; October 12, attended the Pearland Chamber of Commerce Business Before Breakfast and the Celebrity Waiter Keep Pearland Beautiful Annual Luncheon; October 13, joined the Ministerial Alliance Walk For Pearland; October 15, attended the City Council Meeting, Workshop and Special Meeting; October 16, attended the H -GAC Board of Directors Meeting and joined Public Works Director Danny Cameron in a meeting with Pearland citizens; October 17, attended the Ribbon Cutting for First Bank, Charming Charlie's, and the Bass Pro Shop and a luncheon with Congressman Candidate Pete Olson; October 18, attended the Pearland Chamber of Commerce Leadership Council, the Pearland Chamber of Commerce Monthly Membership Luncheon, the Brazoria County Tax Abatement Review Committee Meeting, and the Reception for the Adult Reading Center at Charming Charlie's; October 19, met with Pearland citizens regarding community concerns, met with Councilmember Cole and staff regarding economic issues, attended Page 1 of 9 — 10/22/2007 the St. Andrews Craft Fair and the Pharmcare Health Fair and Reception; October 22, attended a meeting with Brazoria County Commissioner Matt Sebesta, the Pearland Independent School District Education Improvement Committee Meeting, and the Photo Documentation of City Council, and voted in the current Election. Mayor Reid stated he voted today in Early Voting for the November 6, 2007, Election and encouraged others to vote. Mayor Reid and Mayor Pro -Tem Saboe presented Neil West with a Certificate of Recognition for being the 2007 recipient of the Planning Commissioner Award. Mayor Reid and Mayor Pro -Tem Saboe presented Director of Planning Lata Krishnarao, Planning Staff and the Planning and Zoning Board with a Certificate of Achievment for Planning Excellence from the President of the Texas Chapter of the American Planning Association. COUNCIL ACTIVITY REPORTS Councilmember Owens stated that they say, in America, 76% of the people are Christian; he is not sure if this is true, but has been on City Council for seven years and every meeting has opened with a prayer and will continue to do so. Councilmember Beckman thanked all the celebrity waiters that helped at the Keep Pearland Beautiful Luncheon. She also enjoyed the ribbon -cutting at the Bass Pro Shop. Mayor Pro -Tem Saboe stated he agrees with Councilmember Owens and believes the entire Council supports prayer at the City Council Meetings. Councilmember Kyle stated, when she ran for Council, she was told that the citizens love the new things coming into the City but also love the old values. She would like to see the Pearland Independent School District stand strong on their position and continue to have the prayer. Councilmember Cole stated he agrees with the other comments made at this meeting. He attended the Forgotten Angels Golf Tournament with Councilmember Owens and he hopes everyone will get involved with this wonderful organization. CITY MANAGER'S REPORT City Manager Bill Eisen reported the City was formally admitted into the proceedings for the Texas Commission of Environmental Quality for the Blue Ridge Landfill expansion. The 288 Corridor Rotary Club is having a fundraising program called Scare Factory every weekend night for the next two weekends. Page 2 of 9 — 10/22/2007 CITIZENS Barbara Lee, 3409 Huisache Boulevard, addressed Council and stated she has had three heart attacks within the last 2.5 years. Due to the stressful environment, she left her employment 8 months ago to open her own business. She wanted to open a fun and stress -free business but has had nothing but anguish from the City of Pearland. She visited the Planning Department to apply for a legal game room. After submitting her application, she was issued a permit approved by the Planning and Permit Departments. The business was opened and two days later she was told by the City of Pearland she would need to close her business until she applied for a Conditional Use Permit. This process takes up to 45 days to be approved by Council but, she was told her permit would most likely not be approved. She followed all the City guidelines to get her permit and did everything the City asked her to do. She has been pushed from one department to the next and has cried and pleaded to correct this error. Everything she owns has been put into this company and the City of Pearland is preventing her from opening its doors. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 17, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 24, 2007, Special Meeting held at 7:30 p.m. 3. Minutes of the October 1, 2007, Special Meeting held at 6:30 p.m. 4. Minutes of the October 8, 2007, Special Meeting held at 6:00 p.m. 5. Minutes of the October 8, 2007, Public Hearing held at 6:30 p.m. 6. Minutes of the October 8, 2007, Regular Meeting held at 7:30 p.m. 7. Minutes of the October 15, 2007, Special Meeting held at 5:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-5 — 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; Page 3 of 9 — 10/22/2007 PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JERRY ACOSTA TO SERVE IN POSITION NO. 1 ON THE BUILDING / FIRE CODE BOARD OF ADJUSTMENTS FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE OCTOBER 9, 2007, REGULAR COUNCIL MEETING. City Council. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-169 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ISSUANCE OF SINGLE FAMILY MORTGAGE BONDS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-168 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-165 — 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 AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-167 — 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 A WHEEL LOADER AND AN EXCAVATOR. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF T. STEWART COFFMAN TO SERVE IN POSITION NO. 5 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM Page 4 of 9 — 10/22/2007 EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1327-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1327, THE 2007-2008 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (POLICE DEPARTMENT STREET CRIMES UNIT); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Ordinance No. 1327-1 on its first and only reading. City Manager Bill Eisen stated this item is a budget adjustment that would utilize seizure money previously obtained by the Pearland Police Department through arrest or other areas. This would allow the Police Department to use these funds for the Police Department Street Crimes Unit. Mayor Pro -Tem Saboe stated citizens are continually asking the City to do whatever they can to help lower crime in Pearland and he feels this is one good way to accomplish that goal. Councilmember Cole stated this is a very creative way to raise some funds in a much needed area. Page 5 of 9 — 10/22/2007 Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-170 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND DECLARING THE INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens to approve Resolution No. R2007-170. City Manager Bill Eisen stated the City plans the sale of Revenue Bonds for the City's Water and Sewer System next year. There are several projects where these expenditures are needed prior to the sale of the bonds. This procedure allows Staff to make expenditures up to specified amounts from existing funds and then reimburse the funds after the bond sale has taken place. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-171 — 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 BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr. Danny Cameron, Director of Public Works. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe to approve Resolution No. R2007-171. City Manager Bill Eisen stated this item is an annual contract between the City and Brazoria County. It involves the City providing the material and flaggers for the project. The remainder of the laborers and equipment required will be provided by Brazoria County. Mayor Pro -Tem Saboe stated scheduling should be worked on as much as possible with Brazoria County and asked if the conditions for the substructure of these roads and the overlay have been reviewed for this project. Page 6 of 9 — 10/22/2007 Director of Public Works Danny Cameron stated the City and the Contractor are coordinating in several areas where work is needed on the substructure. The County will work with the overlay portion. Discussion ensued between Council and Director of Public Works Danny Cameron regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-172 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2007 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-172 as amended. Mayor Reid stated he has served on this Board, has been the past President, and he would appreciate continuing to serving on this Board. He would like to appoint Councilmember Beckman as the alternate for the Board. Councilmember Cole made the motion, seconded by Councilmember Kyle to have Mayor Reid serve as representative and Councilmember Beckman to serve as alternate. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the amended motion. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Page 7 of 9 — 10/22/2007 Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:40 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. 2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES AND LAND USE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:09 p.m. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES AND LAND USE. City Council. Councilmember Cole made the motion, seconded by Councilmember Owens, to oppose the expansion of the Blue Ridge Landfill and authorize the City Attorney to proceed diligently and expeditiously with the contested case hearing in the Blue Ridge Landfill Expansion Case. Page 8 of 9 — 10/22/2007 Voting "Aye" Councilmembers Owens, Beckman and Cole. Voting "No" None. Voting "Abstain" Councilmembers Saboe and Kyle. Motion Passed 3 to 0, with two abstentions. ADJOURNMENT Meeting was adjourned at 10:10 p.m. Minutes approved as submitted and/or corrected this the 12th day of November, A.D., 2007. r o QEARLgyo=. ATTEST: Y ngLi R Sectary — , --- --� -, P" Tom Reid Mayor Page 9 of 9 — 10/22/2007 THIS PAGE LEFT BLANK INTENTIONALLY