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2009-02-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 23, 2009, AT 7:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Kyle Others in attendance: Jack Colbath Director of Fire Services; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Claire Bogard Finance Director; Teresa Battenfield Assistant Project Director; Johnny Spires Assistant Chief of Police. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported February 10, he spoke before the Pearland Alvin Friendswood Realty Association and attended the Pearland Area Chamber of Commerce After Hours Event at Norton's Grill; February 12, received an award from BAYTRAN Tri County Meeting and attended the Arts Quest Show at Texas First Bank; February 13, attended the Alexander Middle School Book Club and the Rice University and Waterlights Meeting on Nanotechnology; February 16, attended the Agenda Meeting, the Audit Committee Meeting, the Council Workshop, and the Joint Public Hearing with the Planning and Zoning Commission; February 17, attended the H -GAC Monthly Board of Directors Meeting and the Keep Pearland Beautiful Board of Directors Meeting; February 18, met with Dr. Emil Pena, Executive Director of the Energy & Environmental Systems Institute Rice University, regarding nanotechnology and attended the Exchange Club Open House; February 19, presented the Annual State of the City Address; February 20, gave an interview with a Public Broadcast Services Reporter, joined City Manager Bill Eisen and Pearland Area Chamber of Commerce President Carol Artz for the Quarterly Brazoria County Alliance Meeting, and attended the Houston Port Economic Alliance Board Workshop; February 22, attended the Back Porch Productions Children's Play. Page 1 of 12 — 2/23/2009 COUNCIL ACTIVITY REPORTS Councilmember Owens stated Mayor Reid did a great job on the State of the City Address. He attended the presentations to the Economic Development Corporation and the Pearland Area Chamber of Commerce regarding shared district between San Jacinto Community College and Alvin Community College. Both entities approved the item as a Resolution. Councilmember Saboe stated Mayor Reid's State of the City was very good and he enjoyed the presentation. Mayor Pro -Tem Beckman reported February 11, she attended the Industrial Tour Allied Fire Protection and the Keep Pearland Beautiful Recycle Committee Meeting; February 12, attended the BAYTRAN State of the Counties Event; February 13, attended the Alexander Middle School Book Fair Book Club and led a group discussion; February 17, attended the Keep Pearland Beautiful Hike and Bike Committee Meeting and the Keep Pearland Beautiful Board Meeting; February 18, attended the Keep Pearland Beautiful Beautification Committee Meeting and the Brazoria County Cities Association Event in the City of West Columbia; February 19, attended the Parks, Recreation, and Beautification Board Meeting and the Pearland Area Chamber of Commerce State of the City Luncheon; February 21, attended the Keep Pearland Beautiful Litter Index. Councilmember Kyle was absent. Councilmember Cole congratulated Mayor Reid for the award he received from BAYTRAN and stated it was nice to the see the Mayor and Pearland recognized. He stated the State of the City Address was great and very informative and attended the Economic Development Corporation Quarterly Luncheon. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Pearland Day in Austin is Wednesday, February 25, 2009. Representatives from the City of Pearland will have the opportunity to voice their concerns and issues to the Legislature. CITIZENS April Christy, Gulf Coast Center Outreach Worker, addressed Council and stated the Gulf Coast Center was granted a grant to perform counseling services for children and adults affected by Hurricane Ike. The services offered include short term individual and group counseling, linkage to community resources, education on common reactions to disasters, and presentations to schools and churches. This is not a mental health treatment, but is assistance in dealing with the disaster of Hurricane Ike. Page 2 of 12 — 2/23/2009 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 2, 2009, Special Meeting held at 6:00 p.m. 2. Minutes of the February 9, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-28 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD UNDER TRACT 1 WITH 2.0 ACRES AND TRACT 2 WITH 3.8897 ACRES OUT OF RESERVE "A" IN THE REPLAT OF CORRIGAN ADDITION SECTION 1 (VOLUME 2, PGS 97-98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5074 W BROADWAY STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-04, TO PERMIT A CHURCH, IN THE NEIGHBORHOOD SERVICES (NS) DISTRICT, AT THE REQUEST OF EDDIE L. GLADNEY, APPLICANT, AND PEARLAND WESTSIDE ASSOCIATES, LTD., OWNERS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-60 — 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, 6.5953 ACRES LOCATED IN THE H.T & B.R.R. CO. SURVEY., ABSTRACT 232, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AS SHOWN ON THE AMENDING PLAT OF MYKAWA INVESTMENTS CLERK'S FILE NO. 97-016096 B.C.C.O; REMAINDER OF A 12.00 ACRES THIRD COAST PACKAGING INC. CLERK'S FILE NO. 97- 016096 B.C.C.O.; AND 2.9125 ACRES THIRD COAST PACKAGING, Page 3 of 12 — 2/23/2009 INC. CLERK'S FILE NO. 00 022591 B.C.C.O., LOCATED ON 1871 MYKAWA ROAD, (ZONE CHANGE APPLICATION NO. 2009-01Z), FROM CLASSIFICATION HEAVY INDUSTRIAL (M-2) TO PLANNED DEVELOPMENT (PD), AT THE REQUEST OF STEPHEN ENGBROCK, APPLICANT FOR THIRD COAST PACKAGING, 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. Mike Hodge, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-10 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY, SPECIFICALLY REGARDING PLATTING FOR SINGLE FAMILY LOTS WITH EXISTING STRUCTURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1373 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2009; 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 4 of 12 — 2/23/2009 Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1373 on its first and only reading. City Manager Bill Eisen stated the proposed sale of Certificates of Obligation will fund a portion of the Cullen Parkway Project and the frontage roads on SH 288. Frank Ildebrando, RBC Capital Markets, provided Council with a review of the Certificates of Obligation sale and the current financial market. Mr. Ildebrando stated he is recommending the Council accept the bid provided by the underwriters. Discussion ensued between Council and Frank Ildebrando, RBC Capital Markets, regarding the negotiated Certificates of Obligation sale and the current financial market. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — REGARDING THE CERTIFICATES OF OBLIGATION BOND SALE, SERIES 2009A FOR THE UNIVERSITY OF HOUSTON PEARLAND CAMPUS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to discuss the Certificates of Obligation Bond Sale, Series 2009A for the University of Houston Pearland Campus. Mr. Bill Eisen, City Manager. Marcus Dietz, Andrews and Kurth, stated his firm has been in discussions with the Attorney General's Office regarding Certificates of Obligation for the University of Houston for several months. The Attorney General's Office is having some issues with the State Law that authorizes a City to issue Certificates of Obligation on behalf of an institute for higher education. There is a Statute of the Government Code that clearly permits the City to issue the Certificates of Obligation. The Attorney General's Office does not agree that this Statute allows the issuance of the Certificate of Obligation. There should be a final decision by the end of the week. He is recommending Council table the issuance of the Certificates of Obligation until a final decision is received. City Manager Bill Eisen stated the formal action will need to be postponed and then the process will need to be restarted with new publications. Councilmember Saboe asked what the consequences would be if Council approved the item without the Attorney General's approval. Page 5 of 12 — 2/23/2009 City Attorney Darrin Coker stated there would be the possibility of the City having to establish alternative funding for the project. Councilmember Cole stated it seems unusual to him that the City is not able to build a building and then lease the facility to another entity. Discussion ensued between Council, City Attorney Darrin Coker, and Marcus Dietz, Andrews and Kurth regarding the Certificates of Obligation. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to postpone the Certificates of Obligation Bond Sale, Series 2009A for the University of Houston Pearland Campus. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-27. City Manager Bill Eisen stated this item is a Resolution indicating the intent of the City to reimburse itself from the future sale of securities to fund the University of Houston project. This action will allow the City to begin the construction of the facility and issue payments from City funds and then reimburse itself when the securities funding is established. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" None. COUNCIL ACTION — RESOLUTION NO. R2009-28 — 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 Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-28. Page 6 of 12 — 2/23/2009 City Manager Bill Eisen stated this item involves a presentation of the annual audit the City is required to perform each year. Chris Breaux, Null-Lairson, PC, provided Council with a detailed review of the City's Comprehensive Annual Financial Report. Councilmember Saboe stated there were a few items that were discussed in the last Audit Review Committee Meeting that needed to be corrected on the report and asked if the corrections had been made. Finance Director Claire Bogard stated the only item that has not been completed is that Alvin Independent School District has not been included on the overlapping map. City Manager Bill Eisen stated he appreciates the Auditors doing a good job in a non - disruptive manner and Staff for performing under the unusual conditions. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS APPROVING AN APPLICATION FOR HOME FUNDS TO FINANCE SUCH PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Beckman, to approve Resolution No. R2009-26. City Manager Bill Eisen stated this item is the result of a request the City received from a developer of a Senior Housing Community. The Resolution requests funding from the State which will be received by the City and then assigned to the developer of the project. Doak Brown, Brownstone Pearland Senior Village, Ltd., addressed Council and stated the Resolution essentially allows the developer access to lower interest financing to help the project. Councilmember Cole stated he wanted to clarify that the approval of this Resolution does not approve the zoning issues for the property. Doak Brown, Brownstone Pearland Senior Village, Ltd., stated they are aware that the zoning of the property is a separate issue that will need to be done through the zoning application process. Page 7 of 12 — 2/23/2009 Councilmember Saboe stated he has appreciated the developer's approach to this project and their openness, but he would like to verify that Council is not appearing to favor one project over another of the same type. City Manager Bill Eisen stated he considered this issue and realized the City does need to be careful of appearing to favor one project over another of the same type; however, this is the only application they have received for this type of project. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-29 — 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 AND AN AMENDED MEMORANDUM OF UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT NO. 4 ASSOCIATED WITH THE EAST MARY'S CREEK REGIONAL DETENTION FACILITY. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-29. City Manager Bill Eisen stated this item is an interlocal agreement between the City and the Brazoria County Drainage District No. 4 that relates to the East Mary's Creek Detention Project. The agreement establishes ownership of the two entities, specific cost sharing provisions, and the responsibilities of the entities. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE MCHARD ROAD EXTENSION PROJECT. Mr. Trent Epperson, Project Director. Item passed to a future Agenda. No action taken by Council. Page 8 of 12 — 2/23/2009 COUNCIL ACTION — RESOLUTION NO. R2009-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR UTILITY REMOVAL SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT (PHASE 2). Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-33. City Manager Bill Eisen stated this item relates to expenditures associated with an existing waterline that would need to be abandoned within the Dixie Farm Road right-of- way. Part of the waterline will be plugged and filled; however, because of the material it is constructed from, another portion will be removed and disposed of. The proposed firm is Calco Contracting, Ltd with a total estimated cost of $192,530. Brief discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MARCH 2009. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-32 as amended. City Manager Bill Eisen stated March 9, 2009, is a scheduled date for the City Council Regular Meeting. There will not be a Quorum of Councilmembers that evening due to the Brazoria County Day in Austin. This item originally proposed moving the Regular Meeting to March 23, 2009, as a second meeting. Because the week of March 23, 2009, is the week of Spring Break, Staff is recommending amending the item to change the Regular Meeting to March 16, 2009. Councilmember Saboe stated he appreciates Council's consideration of changing the meeting date to March 16, 2009 because he will be out of town the week of March 23, 2009, and would not like to miss two Council Meetings. He would also like Staff to consider not scheduling both the mass -transit Workshops in the same week. Page 9 of 12 — 2/23/2009 Councilmember Cole stated he feels it would be better to not have both Regular Meetings in the same night and to have the meeting scheduled for 7:00 p.m. Councilmember Cole made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2009-23 to change the first Regular Meeting date and time to March 16, 2009 at 7:00 p.m. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Mayor called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-34 — A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2010. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-34. City Manager Bill Eisen stated each year the various members of Congress and the House of Representatives go through a formal process where any constituents that have an interest in a particular project are asked to submit an appropriations request. One of the requirements is that there is support from local governments for the items submitted. The Brazoria County Drainage District No. 4 will also be submitting a Resolution showing support. Councilmember Cole asked what other local jurisdictions will be submitting Resolutions showing their support for this item. Page 10 of 12 — 2/23/2009 City Manager Bill Eisen stated at this point, it appears to only be the City of Pearland. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:44 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATEDWITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:45 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to authorize the City Attorney to file a civil law suit against Cole's Antique Village and Flea Market to compel compliance with all applicable City Ordinances and Codes. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. ADJOURNMENT Meeting was adjourned at 9:47 p.m. Page 11 of 12 — 2/23/2009 Minutes approved as submitted and/or corrected this the 16th day of March, A.D., 2009. ATTEST: NF /. ,�/�� /I Tom Reid Mayor Page 12 of 12 — 2/23/2009