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2009-05-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 11, 2009, 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 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; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer. The invocation was given by Tyler Carrette, Scout Troop No. 468, and the Pledge of Allegiance was led by Justin Kwok, Scout Troop No. 468. MAYOR'S ACTIVITY REPORT Mayor Reid reported April 28, he read for children at Headstart, met with a Higher Education Study Group, and conducted a Civics Class to Troop No. 468 Scouts; April 29, he attended the Ribbon -Cutting for Palais Royal at Shadow Creek Ranch and the Economic Alliance Port Region Board of Directors Meeting; April 30, met with Tyler Nelson, Congressman Steve Olsen's Staff, met with H -GAC Transportation Group, and presented a Proclamation to Dr. Lindeman's Retirement; May 1, presented a Proclamation and led the Relay For Life Cancer Society; May 2, cut the Ribbon for the SHIFA Clinic in Houston and attended the Scout Troop No. 414 Annual Dinner and Auction; May 3, joined Assistant Police Chief Johnny Spires for the Gulf Coast Exchange Club Police Honor for Pearland Police Officer Hersh Hoaglan; May 4, attended the Agenda Meeting, Council Workshops, and Council Special Meeting; May 5, joined the Pearland Economic Development Corporation at the NANO Technology Conference at the George R. Brown Convention Center and spoke with Planning Director Lata Krishnarao at the Tomball Future Conference; May 6, attended the Exchange Club Honor of Pearland Police Officer Hersh Hoaglan; May 7, attended the Pearland Economic Development Corporation Annual Broker Day Event and welcomed Page 1 of 11 — 5/11/2009 citizens and gave opening prayer for National Prayer Day; May 8, attended the Pearland Chamber of Commerce Business Before Breakfast Event and gave the opening prayer for Keep Pearland Beautiful Annual Awards Dinner; May 9, attended the Sri Meenakshi Temple Fundraising Event. Mayor Reid and Councilmember Cole presented EMS Operations Director Jeffrey Sundseth, EMS Captain Jeremy Thomas, and EMS Captain James Jewell with a Proclamation proclaiming "Emergency Medical Services Week." Mayor Reid and Mayor Pro -Tem Beckman presented Sheryl Greiner, Lois Mauldin, Miranda Hester, Marcj Jalandoon, Chelsea Businelle, and Heather Schulze with a Proclamation proclaiming "Project Graduation Day." Mayor Reid and Councilmember Owens presented Emergency Management Coordinator/Fire Marshal Roland Garcia and Director of Fire Services Jack Colbath with a Proclamation proclaiming "Hurricane Awareness Week." COUNCIL ACTIVITY REPORTS Councilmember Owens stated the City is having a Run-off Election for Council Position No. 2 and congratulated Councilmember Kyle on her re-election to Council Position No. 4. Councilmember Saboe reported he attended the Keep Pearland Beautiful Annual Dinner Friday, May 8, 2009, and attended the KIPPERS Pearland Economic Development Corporation Brokers Day. Mayor Pro -Tem Beckman reported May 2; she attended the Boy Scout Spaghetti Supper at Epiphany Lutheran Church; May 5, attended the Shadow Creek Ranch Homeowners Association Board Meeting and the Village of Reflection Bay annual Membership Meeting; May 6, attended the Senior Citizen Lunch at the New Life Lutheran Church; May 7, attended the Pearland Economic Development Corporation Broker Day and the Citizens Police Academy Alumni Association Graduation Dinner for the Citizens Police Academy Class 28; May 8, attended the Pearland Chamber of Commerce Business Before Breakfast Event and the Keep Pearland Beautiful Awards Dinner at the Methodist Church; May 9, was present at the Knapp Center Polling Location for the entire Election Day. Mayor Reid stated the Exchange Club has recognized Pearland Police Officer Hersh Hoaglan as Police Officer of the year. Councilmember Kyle stated Election Day was a long and exciting process. She thanked everyone that voted in the Election regardless of whether they voted for her or her opponents. Less than 1,500 people voted out of 48,000 registered voters. The City Page 2 of 11 — 5/11/2009 needs to communicate and get the word out about the City elections. She also attended the Keep Pearland Beautiful and the Shady Crest Homeowner's Association Annual Picnic. She stated she wanted to recognize Assistant City Manager Mike Hodge's efforts in handling and helping citizens with their questions and issues regarding CR 403. The Police Banquet will be Thursday, May 14, 2009, where police officers have the opportunity to honor their own and exhibit the achievements they have accomplished. Councilmember Cole congratulated Councilmember Kyle on her re-election to Council Position No. 4. He attended many of same events mentioned by the other Councilmembers. He had the honor of joining the YMCA Board of Directors and he is looking forward to the Police Awards Banquet. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Concerts in the Park will continue on Friday nights at 7:00 p.m. at the Westside Event Center. The City will be moving back into City Hall the week of Memorial Day and intends to move with as few interruptions at possible for the citizens. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated the Corrigan Subdivision did not flood during the severe rains in the City several weeks ago and he wanted to thank Council, City Staff, and the Citizens involved in what it took to achieve this goal. Council may want to review the numbers they use for below grade drainage to prevent the water level problems in other areas of the City and make sure the drainage systems are clean. There is an organization called SEVERE STORM PREDICTION, EDUCATION, and EVACUATION from DISASTER (SSPEED) being run through Rice University that is designed to provide information regarding what is going on in the local area. He recommends everyone get more information about this organization and register for their mailing list. He also wanted to thank the City for the monument in front of the Corrigan Subdivision. Rodrigo Carreon,1122 Ave. C, addressed Council and stated he is a member of the Coalition Against the Blue Ridge Landfill and they are trying to prohibit this landfill from expanding. It is important that the City Officials get involved to prevent this expansion and being harmful to the City and the residents in the area. There should be no settlement regarding this proposed expansion. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: Page 3 of 11 — 5/11/2009 A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 13, 2009, Public Hearing held at 7:00 p.m. 2. Minutes of the April 20, 2009, Special Meeting held at 6:00 p.m. 3. Minutes of the April 20, 2009, Joint Public Hearings held at 6:30 p.m. 4. Minutes of the April 27, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING FRED WELCH, RON DAGLEY, CULLUM HEARD AND DARRELL W. JORDAN, JR. TO SERVE ON THE BOARD OF DIRECTORS OF THE SPECTRUM MANAGEMENT DISTRICT FOR TERMS ENDING JUNE 1, 2013. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2009. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF POLICE MOTORCYCLES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF MOBILE AND PORTABLE RADIOS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EQUIPMENT. Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through F with the exception of item B, as presented on the Consent Agenda. Page 4 of 11 — 5/11/2009 Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Reid Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING FRED WELCH, RON DAGLEY, CULLUM HEARD AND DARRELL W. JORDAN, JR. TO SERVE ON THE BOARD OF DIRECTORS OF THE SPECTRUM MANAGEMENT DISTRICT FOR TERMS ENDING JUNE 1, 2013. Mr. Darrin Coker, City Attorney. City Attorney Darrin Coker stated staff has recommended that this item be deferred to a future meeting. No action taken by Council. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-68 — 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 MUNICIPAL DISTRICT NO. 4. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Beckman, to approve Resolution No. R2009-68. City Manager Bill Eisen stated there has been discussion regarding this item in a previous Workshop. The City is in the process of completing the design for the McHard Road expansion. Citizens in the area had concerns regarding the existing road surface in the area. Staff has addressed the issues and the City has entered into an agreement with Brazoria County for improvements to the worst sections of the Road. This item is a proposed agreement with Municipal Utility District No. 4 (MUD No. 4) regarding some of the drainage improvements in the area. Page 5 of 11 — 5/11/2009 Rodrigo Carreon, 1122 Ave. C, addressed Council and stated he is asking for the City's support in the prevention of the Blue Ridge Landfill expansion. City Attorney Darrin Coker stated the City did not have an amount Brazoria County was willing to contribute to the project. At this time, Brazoria County has committed to contributing $100,000. This amount is above the current estimate for the project cost. Councilmember Owens asked what sections of the roadway were included in this project. Assistant City Manager Mike Hodge stated the project includes the roadway between CR 94 to the intersection of Country Place Parkway. The project does not include the two intersections, but only the roadway between them. Brief discussion ensued between Council, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-73 — 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. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-73. City Manager Bill Eisen stated the U.S. Department of Housing and Urban Development has provided funding for Counties in the State of Texas for disaster recovery. Specific dollar amounts were assigned to projects associated with damage from Hurricane Ike and Hurricane Dolly. Brazoria County received approximately $17,409,490 of which 50%, or $8,704,745 is for non -housing programs. The City of Pearland is eligible to apply for a portion of these funds and has identified projects that are eligible for the funding. The County has appointed a group of citizens to evaluate and establish a series of rules for applications. The City will receive a minimum of $200,000 from the program and has the potential to receive more depending on how the applications are submitted. This item is an Interlocal Agreement with the Brazoria County to administer the grant and expend the grant funds for eligible projects on behalf of the City. Councilmember Owens asked if the City will install the proposed equipment that will be purchased with the funds received from this program. Page 6 of 11 — 5/11/2009 City Manager Bill Eisen stated the installation will be completed by contract and the contract will state the cost will be paid for by the program. Councilmember Cole stated he is a member of the committee reviewing the applications and the goal of the committee is to make sure each City gets their needs met. Discussion ensued between Council and City Manager Bill Eisen regarding the grant program. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-77 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2009 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-77 as amended. City Manager Bill Eisen stated Council attended a Planning Retreat on April 25, 2009, to set goals for the upcoming year. This item is the result of the Council Retreat and, if approved by Council, Staff will begin the required steps to reach the specified goals and provide Council with regular updates. Mayor Reid stated he felt the Council Retreat was well organized and the results from the Retreat are well organized and structured. Mayor Pro -Tem Beckman stated she believes Council discussed including the airport in Section VI item B under the second bullet point, but the text states "between 35 & Airport." City Manager Bill Eisen stated Mayor Pro -Tem Beckman was correct and the text would be modified to include the Airport. Councilmember Cole stated the text stated to partner with Metro to conduct a Park and Ride Study and asked if Metro is the given provider to the City. If Metro is not the only provider available, he feels their name should possibly be removed from the goal. City Manager Bill Eisen stated Metro is the firm the City is currently working with, but the text in this document does not required to work only with Metro. Page 7 of 11 — 5/11/2009 Councilmember Kyle stated the text in Section III item D should be changed to clarify what "all entities" is meant to define. Councilmember Saboe stated changing the text would depend on whether the entity is able to fund or only provide support. Councilmember Kyle stated one of the focuses at the Retreat was better communication plans and when she read this text, she did not feel it communicated what the City was trying to express. Councilmember Cole stated he agrees that the text does not clearly express goals. Mayor Pro -Tem Saboe stated he feels, due to the verbality of this document, it was meant to provide a general overview of Council's objectives and the next version would be a more detailed explanation of what Council wants to achieve. Councilmember Kyle stated not all Staff members were at the Retreat and have a clear definition of what Council would like to achieve. She emphasized the need to communicate Council's intent in the document. Discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Cole, to amend the Exhibit A, Section III item D to add a summary of the Enhancement to the Communication Plan and clarify the definition of "all Entities" and Section VI item B to include the airport. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 8 of 11 — 5/11/2009 COUNCIL ACTION — RESOLUTION NO. R2009-79 — 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 LEAGUE CITY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-79. After discussion, this item was tabled. City Manager Bill Eisen stated the City contracted with BATTS Inc. to provide technical supervision of an Intoxilizer Instrument, which is an instrument used to test people under the suspicion of driving while intoxicated. The company has been shut down by the State of Texas. The City was able to work with the Department of Public Safety to acquire a loaner machine. The City will have to acquire its own program and provide technical supervision for the Intoxilizer Instrument. The City of League City has agreed to be the lead entity in this operation and hire a technical supervisor. All the other cities would participate equally in the cost of hiring the individual. Councilmember Kyle asked why the City decided on a five-year time period. Police Chief J.C. Doyle stated the five-year plan was intended to give the individual hired the ability to establish themselves and give the City time to replace them if they had to leave the program. Councilmember Kyle stated the agreement obligates the City to pay for this individual and does not seem to provide any options if the services are not satisfactory. The only reference contained in the agreement refers to material deficiency and that term is not clearly defined. She asked if the City has any input regarding the individual's qualifications. Police Chief J.C. Doyle stated the City would have an input into the individual selected to a certain degree. Councilmember Kyle stated that if the individual will be an independent contractor to the City, it should be stated in the agreement. City Attorney Darrin Coker stated this agreement was not meant to be negotiated by each individual party, but the City does have the option to go back to the City of League City and negotiate. Councilmember Kyle stated she feels the agreement does not specify the capacity the individual will serve each party and this issue should be addressed and clarify that the individual will be an independent contractor, not an employee of the City of Pearland. Discussion ensued between Council, City Manager, City Attorney Darrin Coker, and Police Chief J.C. Doyle regarding the agreement. Page 9 of 11 — 5/11/2009 Councilmember Cole made the motion, seconded by Councilmember Owens, to table Resolution No. R2009-79 to allow Staff time to discuss and clarify the details of the contract with League City. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A GRANT OF MUNICIPAL HOTEL OCCUPANCY TAX FUNDS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-80. After discussion, this item was tabled. City Manager Bill Eisen stated, during a recent quarterly, the Pearland Chamber of Commerce representatives presented information regarding audio/visual equipment they would like to purchase for the new Commerce Center. The Pearland Economic Development Corporation (PEDC) reviewed an Agenda Item at their meeting previously that was a request of Economic Development funds for this equipment. The PEDC did not take any action, but will discuss the item on a future Agenda. Councilmember Cole made the motion, seconded by Councilmember Kyle, to table Resolution No. R2009-80. Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:18 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney. Page 10 of 11 — 5/11/2009 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:49 p.m. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:50 p.m. Minutes approved as submitted and/or corrected this the 8th day of June, A.D., 2009. '=�. f ?" Tom Reid Mayor Page 11 of 11 — 5/11/2009