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2009-04-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 13, 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 7:40 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Woody Owens Steve Saboe Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Trent Epperson Project Director; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Teresa Battenfield Assistant Project Director; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief; Yesenia Garza Human Resources Benefits Coordinator. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported March 24, he presented a Proclamation for Delores Fenwick's Retirement; March 25, he met with Waterlights on the Nano Technology progress; March 26, attended the Annual University of Houston Clear Lake Report of the Community by Dr. William Staples, the BayTran Monthly Board of Directors Meeting, the Texas Municipal League 14 Spring Meeting, and was a Waiter for the Red Hat Luncheon for the Adult Reading Center; March 27, attended the H -GAC Transportation Policy Council Board of Directors Meeting; March 28, started the race for the Paws in the Park Kick Off Race; March 29, spoke at the Gold Star Award for Kaitlyn Sampson; March 30, attended the Tax Increment Reinvestment Zone No. 2 Board Meeting and joined Executive Director of Economic Development Corporation Fred Welch for the Scout Breakfast; April 1, joined Jack Steele in Austin to oppose State Representative Dennis Bonnen's House Bill No. HB3552; April 2, attended the Pearland Area Chamber of Commerce Business Expo and spoke at the South East Shriner Club; April 3, joined Assistant City Manager Jon Branson to attend the Pasadena Park and Ride Event;, visited with Brookside Mayor Denise Ford on local issues, and attended the Partners Page 1 of 11 — 4/13/2009 For Pearland Annual Fundraising Event; April 4, he attended the Ribbon Cutting for Centennial Park South and introduced State Representative Randy Weber for the Community Meeting; April 6, testified with Dr. William Staple, University of Houston Clear Lake on Senator Mike Jackson's Senate Bill S61 952 for Certificates of Obligation and Chaired a Special Meeting for the City of Pearland City Attorney Annual Evaluation; April 7 — 8, joined Jack Steele, Executive Director of H -GAC, on State Representative Dennis Bonnen's House Bill No. HB3552, met with Dr. William Staples, University of Houston Clear Lake on State Representative Randy Weber's House Bill HB4016 for Certificates of Obligation, testified in support of House Bill No. HB4613 by State Representative Rene Oliveira on amending Tax Increment Reinvestment Zone Legislation, and testified in support of Senate Bill No. SB2479 by Senator Mike Jackson for a Management District for Country Place Municipal Utility District No. 65; April 9, attended the Pearland Economic Development Corporation Quarterly Round Table Meeting. Mayor Reid and Councilmember Saboe presented Gary Lorance with a Proclamation proclaiming April 25, 2009, as the "22nd Annual Crawfish Festival Day." COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended the Taste of the Town and a lot of people participated making it a good event and a great time. He also attended the Northern Brazoria County Education Alliance Breakfast event. Councilmember Saboe stated he appreciated the Red Hat Luncheon put on by the Adult Reading Center. There was a lot of support from the community and another record was broken in the amount of donations. He also went to Austin for some fun with the family and did a Segway Tour that he recommends to anyone visiting. Mayor Pro -Tem Beckman reported April 4, s Litter Clean-up and the Grand Opening of the 7, she attended the Ribbon -Cutting for the Nursing Facility; April 8, she attended the Nora and the Keep Pearland Beautiful Recycling Cc lot of fun at Paws in the Park and that the Ti 2009. he attended Texas Trash Off City -Wide new splash pad at Centennial Park; April Colonnades at Reflection Bay Skilled hern Brazoria County Alliance Breakfast ►mmittee Meeting. She stated she had a -ail Trekkers Event is Saturday, April 18, Councilmember Kyle stated she attended the Pearland Area Chamber of Commerce After Hours Event in the City of Manvel. The Chamber is expecting to open their new facility in approximately a month, which will be a benefit to the community. She also attended the Taste of the Town which was a good event. She attended the Community Meeting with a presentation by State Representative Randy Weber. There is an Election where she is running for re-election in Position No. 4. Her name appears second on the ballot. Early Voting begins in two weeks and she hopes to have everyone's support. Page 2 of 11 — 4/13/2009 Councilmember Cole stated he attended the Northern Brazoria County Education Alliance Breakfast where three students who have gone through the program showed the success it brings. He attended the CEO Roundtable, and the Easter Egg Drop where there ended up being 12,000 people attending. Brazoria County Judge Joe King contacted him and asked him to participate on an Ad Hock Committee to score the projects for ORCA and the first kick meeting is April 14, 2009. He thanked the Council, City Staff, and the Community for all the support and well wishes for the passing of his father. Mayor Reid asked candidates for the upcoming Election to introduce themselves. CITY MANAGER'S REPORT City Manager Bill Eisen stated the City is in the process of completing a transit study and, in conjunction with the process, two public meetings will be held. The first meeting will be held April 14, 2009 at the Westside Event Center at 5:30 p.m. and the second will at the Knapp Senior Center on April 15, 2009, at 5:30 p.m. Councilmember Kyle stated Wednesday, April 22, 2009, there will be a Friend -raiser Event to promote the May 2009 Election. CITIZENS Dave Beach, 2303 Shady Cove Court, addressed Council and stated he has appealed a Staff interpretation of a zoning issue. He is attempting to build a pool which he has discussed with the Planning Department prior to closing on a pool loan and was not at any point told he could not do what he had discussed. At this point, he has a twelve- month pool loan that he has made two payments on and can't build the pool. Discussion were held with Staff prior to the final denial and it appears the definition of rear -yard has changed and become very restrictive. With the most recent interpretation from the Deputy City Attorney, he has undefined areas in his yard and is not able to build an accessory structure in the area he planned to place the pool. He went to the Zoning Board of Adjustments as directed by Staff and was then told at the meeting by Staff that was not the proper forum and he should have gone to Council. The Zoning Board of Adjustments denied his appeal, but Council can remedy this by removing pools from the definition of accessory structure. Mr. Beach continued to discuss the interpretations of Staff and the issues he has had in working with the City on his problem. Daryl Williams, 2306 Paradise Canyon, addressed Council and stated he has been working with Staff because his permit to build his pool was denied. He has had others review the City Code and they have stated it is not the way the text is written, but it is the way the Deputy City Attorney is interpreting the text. When he asked what could be done about his problem, he was instructed to come to City Council. Page 3 of 11 — 4/13/2009 Randy Patro, 5510 Magnolia Road, addressed Council and stated he supports the items that have been brought to Council regarding pools in the side yard. He feels the answer to the problem is the remove the pool from the definition of an accessory structure. City Attorney Darrin Coker stated the Assistant City Attorney did express to the Zoning Board of Adjustments that pools should be removed from the definition of accessory building and a Workshop is being scheduled to discuss this change with Council. Councilmember Saboe stated he would like to see an action item at a Special Meeting to resolve this issue instead of a Workshop. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 23, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the March 30, 2009, Special Meeting held at 6:00 p.m. 3. Minutes of the April 6, 2009, Special Meeting held at 8:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 543-7 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MARCH 23, 2009, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City Manager. Page 4 of 11 — 4/13/2009 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR EMS MEDICAL SUPPLIES. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF A SEWER INSPECTION TRUCK AND A DUMP TRUCK. Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through F with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Reid Consent Agenda Item C was removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MARCH 23, 2009, REGULAR COUNCIL MEETING. City Council. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Councilmember Steve Saboe's absence from the March 23, 2009, Regular Council Meeting. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 5 of 11 — 4/13/2009 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 4.115 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Beckman, to approve Resolution No. R2009-54. City Manager Bill Eisen stated Municipal Utility District No. 26 is roughly the eastern half of Shadow Creek Ranch. This item is a request to annex approximately 4.115 acres of land that is currently owned by the WaterLights District. Brief discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding Municipal Utility District No. 26. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE UNIVERSITY OF HOUSTON CAMPUS. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-52. City Manager Bill Eisen stated this item relates to construction materials testing on the University of Houston Campus. The proposed firm is Geotest Engineering, Inc. and the contract amount is $90,355.50. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 6 of 11 — 4/13/2009 COUNCIL ACTION — RESOLUTION NO. R2009-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING PEARLAND ECONOMIC DEVELOPMENT CORPORATION EXPENDITURES TO EXTEND WATER AND SEWER UTILITIES ALONG HOOPER AND RILEY ROADS. Mr. Fred Welch, Executive Director of Economic Development Corporation. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-55. City Manager Bill Eisen stated this item relates to the ratification of action previously taken by the Pearland Economic Development Corporation (PEDC) for the design and engineering of a waterline and sewer utilities along Hooper and Riley Road. The PEDC has only authorized this stage of the project to allow them to review the total cost prior to moving on with other phases of the construction. Councilmember Cole asked how much unimproved property this project would open. Project Director Trent Epperson stated there would be several tracts opened up, but he does not have an exact number. Councilmember Cole stated this is slowly developing the Spectrum area and feels the utility service will be an incentive for other businesses to develop in the area. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TERRELL / SHARONDALE WATER AND SEWER IMPROVEMENTS. Mr. Danny Cameron, Director of Public Works. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-48. City Manager Bill Eisen stated this item is a construction contract for water and sewer improvements along Terrell Drive and Sharondale Drive. Because this area has a certificate of convenience and necessity, it is already in the hands of a private water company. The City cannot provide domestic water service but can provide fire protection and sewer service. Staff is recommending the bid be awarded to Uticon, Ltd. in the amount of $246,344.54. Page 7 of 11 — 4/13/2009 Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-51. City Manager Bill Eisen stated this item is a proposed change to the employee and personnel rules that clearly re -defines the Part -Time Employee Classification to comply with the Texas Municipal Retirement System Act. The change allows certain part-time employees to participate in the Texas Municipal Retirement System and other City benefits based on the number of hours worked. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2009, DUE TO THE MEMORIAL DAY HOLIDAY. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-53. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS DENYING THE SUPPLEMENTAL APPLICATION FOR AN INCREASE IN RATES PROPOSED BY TEXAS -NEW MEXICO POWER COMPANY ("TNMP"); FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 8 of 11 — 4/13/2009 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-56. City Manager Bill Eisen stated Texas New Mexico Power Company, which supplies power to portions of the City on the east side, has submitted an application to increase their rates. This item opposes the proposed rate increase. The City is a member of a coalition of cities known as the Alliance of TNMP Municipalities that have combined their efforts to make certain that the proposed rate increase does not get approved unchecked and without proper justification.. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1381 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF PEARLAND TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN. Mr. Narciso Lira, City Engineer. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1381 on the first of two readings. City Manager Bill Eisen stated a Public Hearing was held previously regarding this item. Councilmember Saboe stated he likes the public educational aspect of this item and feels that this may cause better planning on behalf of other entities such as Municipal Utility Districts. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 9 of 11 — 4/13/2009 COUNCIL ACTION — RESOLUTION NO. R2009-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FURNITURE FOR CITY HALL. Mr. Jon Branson, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-57. City Manager Bill Eisen stated this item pertains to furniture for City Hall. Council has received updated information containing some furniture needs that were inadvertently left off with an associated cost of approximately $13,500. Assistant City Manager Jon Branson stated Staff is basically going back and replacing furniture that was damaged. The City plans to utilize surplus furniture in other ways or auction items that cannot be used. Councilmember Cole asked if these figures have been reviewed by the City's insurance company and what the process will be. Assistant City Manager Jon Branson stated the amount of reimbursement is not guaranteed, but some information has been submitted. Councilmember Kyle asked if the amount being received from Federal Emergency Management Agency (FEMA) is known. Assistant City Manager Jon Branson stated the amount, with insurance and FEMA, the City should be receiving is approximately seventy-five percent of the total loss. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Finance Director Claire Bogard regarding City losses. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid recessed the Regular Meeting at 8:50 p.m. to conduct the Workshop. Mayor Reid called the Regular Meeting back to order at 9:26 p.m. Page 10 of 11 — 4/13/2009 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:27 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S ANNUAL MANAGEMENT EVALUATION. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:30 p.m. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S ANNUAL MANAGEMENT EVALUATION. 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 27th day of April, A.D., 2009. , �: -'- � L' Tom Reid Mayor ATTEST: • _ � QEARl.'aN a a Y ng Vt Secodtary ` Page 11 of 11 — 4/13/2009