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2009-05-18 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 18, 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 7:42 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Woody Owens Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Steve Saboe Others in attendance: Jon Branson Assistant City Manager; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Teresa Battenfield Assistant Project Director. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported May 13, he attended the Adult Reading Center Board of Directors Meeting; May 14, he toured the Hilton Garden Inn with City Council and Staff, attended the Teach Houston Meeting at the University of Houston Campus, presented two $1,000 Scholarships at the Senior Awards Ceremony, and presented Police Chief J.C. Doyle with a 30 -Year Award Plaque; May 15, attended Career Day at the Nolan Ryan Junior High, joined City Employees at the Mooyah Burger and Fries Luncheon, and spoke at the Dedication of the Sheryl Searcy Ninth Grade Center; May 16, joined Mayor Pro -Tem Helen Beckman at the Pearland Independent School District Taste of Pearland Event; May 18, Chaired the Development Authority of Pearland Meeting. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he was able to tour the Hilton Garden Inn. The facility is nice and has the ability to host a good size convention. He attended the Police Awards Banquet and enjoyed seeing the people that received the awards. Councilmember Saboe was absent. Page 1 of 12 — 5/18/2009 Mayor Pro -Tem Beckman reported she enjoyed the Hilton Garden Inn tour, the Police Awards Banquet, and the Dedication of the Sheryl Searcy Ninth Grade Center. She stated the Friday Night Concert Series hosted by the Parks and Recreation Department has begun and is fun for families. The Taste of the Town Event was fun and raised money for Pearland students. Councilmember Kyle thanked all the voters that voted in the May 9, 2009, Election and those who attended her Swearing in Ceremony. She looks forward to serving the City for the next three years. The Friday Night Concert Series is not only a great place for families; it is a great opportunity to take your dog to the dog park located next to the Event. Councilmember Cole passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen stated the Police Awards Banquet was a wonderful event. He stated he wanted to acknowledge that the Texas Public Works Association named Project Director Trent Epperson as the Professional Manager of the Year for Engineering and Technology. Mayor Reid asked candidates for the upcoming Election to introduce themselves. Scott Sherman stated he is running in the Special Run-off Election for City Council Position No. 2. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 4, 2009, Special Meeting held at 7:00 p.m. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Beckman, to adopt Consent Agenda Item A through as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 2 of 12 — 5/18/2009 MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-66. City Council. This item was passed to a future Agenda. COUNCIL ACTION — RESOLUTION NO. R2009-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT. Mr. Danny Cameron, Director of Public Works. This item was passed to a future Agenda. COUNCIL ACTION — RESOLUTION NO. R2009-86 — A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2009; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST, PURCHASE CONTRACT AND OTHER DOCUMENTS RELATING TO THE BONDS; MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED THERETO. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-86. City Manager Bill Eisen stated this item is the fourth installment in a series of Bond Sales by the Development Authority of Pearland. The Development Authority of Pearland issues the bonds and then reimburses the Tax Increment Reinvestment Zone No. 2. The Development Authority of Pearland Board met and approved the Bond Sale, but it is necessary for the Council to ratify the Board's approval. John Robuck, RBC Capital Markets, provided Council with a detailed review of the Development Authority of Pearland Bond Sale. He stated the Bonds were sold at a 6.186% interest rate, which is a little higher than usual due to the inability to acquire Bond Insurance. Councilmember Cole asked if the interest rate being higher than expected would extend the amount of time it takes to pay off the debt. Page 3 of 12 — 5/18/2009 City Manager Bill Eisen stated the City will be receiving an updated model of development trends and will have conversations of what it will look like. It is fair to assume that based on what has happened to development locally and across the nation, the time to pay off debt will be extended. Discussion ensued between Council, City Manager Bill Eisen, and Marcus Dietz, Andrews & Kurth, L.L.P., regarding the Bond Sale. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION - RESOLUTION NO. R2009-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS APPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-85. City Manager Bill Eisen stated Municipal Management District No. 1 covers the area where the Promenade Shops and Bass Pro Shop are located. The District was created Legislatively in 2007 and the terms of two members have now expired and this item is a request to reappoint those two members. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION - RESOLUTION NO. R2009-81 - 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 AUDIT SERVICES. Mr. BN Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-81. City Manager Bill Eisen stated the City is required to have an annual audit of various financial statements and internal controls. Null-Lairson, P.C. has completed this audit Page 4 of 12 - 5/18/2009 for the City the last three years in a satisfactory manner. They have reviewed the financials and made useful comments regarding the internal controls. Staff is recommending Council approve the proposed contract with Null—Lairson, P.C. for audit services. Mayor Reid stated Null—Lairson, P.C. is a quality organization that has served the City well for many years. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE ANNUAL ACTION PLAN FOR THE COMMUNITY BLOCK GRANT PROGRAM TO INCLUDE RECOVERY ALLOCATION FUNDS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-82. City Manager Bill Eisen stated the funding for Community Block Grant Programs was increased under the Federal Stimulus Package. The City was notified that it would be receiving $73,139 for recovery allocation. Staff is proposing three different projects for the funding. Two of the projects involve social services agencies in the community and the third involves sidewalks near local schools. Dale Pillow, Executive Director of the Adult Reading Center, addressed Council and thanked Council for allowing the Adult Reading Center to apply for Community Block Grant funds over the last several years. The funding has been utilized to make their facility more environmentally friendly. This year the funding will be utilized for more energy upgrades, parking, and landscaping. Councilmember Owens asked if the Adult Reading Center utilizes the parking across the street from the facility. Dale Pillow, Executive Director of the Adult Reading Center, stated they do use that parking from time to time and are in discussions with the owners to develop an agreement for parking use. Councilmember Owens stated he would like to see some type of crosswalk in the area to make it safer for people who have to walk across the street to use the facility. Page 5 of 12 — 5/18/2009 Councilmember Cole stated he would like to see a four-way stop at the intersection near the Adult Reading Center. He stated he also feels the sidewalks are a great use for the funding. Discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent Epperson regarding the sidewalks. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE COWART CREEK DIVERSION PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-83. City Manager Bill Eisen stated the City is in the process of the design and construction of a bypass or diversion from Cowarts Creek. To move forward with this project, it is necessary to relocate the existing Exxon Pipeline Facility in the area. Councilmember Owens stated he does not like the fifteen percent contingency contained in the contract and that it appears that the City will be required to pay the contingency fee regardless of whether it is used or not. City Attorney Darrin Coker stated the contract states the City will pay one -hundred percent of the actual cost. The contractor will submit an account of cost and the City will have ninety -days to make the payment. Staff will hopefully stay on top of the fees charged and monitor the total cost associated with the project. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Project Director Trent Epperson regarding the contract. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 6 of 12 — 5/18/2009 COUNCIL ACTION — RESOLUTION NO. R2009-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE COWART CREEK DIVERSION PROJECT. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-84. City Manager Bill Eisen stated this item is for the relocation of existing pipeline on the same project as the previous item. The total estimated cost for the adjustment is $330,107. The City is responsible for the total amount of the cost because there is no previously existing right-of-way. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-79. City Council. Councilmember Cole made the motion, seconded by Councilmember Owens, to remove Resolution No. R2009-79 from the table. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. 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 Owens, to approve Resolution No. R2009-79. Page 7 of 12 — 5/18/2009 City Manager Bill Eisen stated this item is an interlocal agreement with the City of League City to hire a supervisor for the operation of an Intoxilizer. The item was presented on a previous Agenda; however, Council requested more information regarding legal responsibilities of each City involved in the agreement. City Attorney Darrin Coker stated Council received information regarding discussions with the City of League City. The City of League City stated they will not consider any changes to the proposed agreement. It is his opinion that valid points were raised at the previous meeting, but he feels it is safe for the City to move forward with the proposed contract. Councilmember Kyle stated she spoke with City Attorney Darrin Coker and feels comfortable with the proposed contract; however, she does not like the fact that the City of League City was unwilling to discuss any proposed amendments to the contract. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-78. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Beckman, to remove Resolution No. R2009-78 from the table. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL 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. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-78. Page 8 of 12 — 5/18/2009 City Manager Bill Eisen stated this item is the request for the reappointment of four members to the Spectrum Management District Board of Directors for a term ending June 1, 2013. Brief discussion ensued between Council and City Manager Bill Eisen regarding the Spectrum Management District Board of Directors. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION - RESOLUTION NO. R2009-90 - 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 Owens, to approve Resolution No. R2009-90. City Manager Bill Eisen stated this item is a request for the City to go through Brazoria County to apply for stimulus -related Public Safety funds through the Byrne Program. The program is a capital equipment program for police purposes. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Mayor Reid called for a recess at 9:00 p.m. Mayor Reid called the meeting back to order at 9:25 p.m. 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 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. Page 9 of 12 - 5/18/2009 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Bill Eisen, City Manager. 4. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. Mr. Bill Eisen, City Manager. 5. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE HIRING OF A BUILDING OFFICIAL FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:58 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. City Council. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to accept the settlement offer between the City of Pearland and Blue Ridge Landfill, L.P. City Attorney Darrin Coker stated Staff has briefed Council on several occasions regarding the Blue Ridge Landfill expansion application. He is recommending at this time that the City enter into a settlement with Blue Ridge Landfill regarding this application for expansion. In 2007 the City Council passed a Resolution stating they wanted certain aspects to be reviewed of effects the landfill could have on the west side of the City and water sources in the area. The City hired an expert attorney in this area and they are recommending the City move forward with a settlement. The settlement would include stipulation regarding the liner installed; the landfill will reduce its acceptance of Class No. 1 waste by fifty percent and the way it is processed; the location where Class No. 1 waste is disposed of will be limited, and there will be forty- three testing wells installed at the site versus the required thirty-three. The traffic issue has been addressed by limiting the plant hours of operation and by prohibiting Allied Waste trucks from utilizing FM 2234. Blue Ridge Landfill has agreed to make several Page 10 of 12 — 5/18/2009 concessions regarding the height of the landfill by utilizing grade breaks and landscape buffers. The experts hired by the City have stated the application submitted by Blue Ridge Landfill met all the requirements of the Texas Commission on Environmental Quality and would most likely have been approved. If this matter is taken to a hearing, the City would be required to prove the application does not meet the requirement even when the City's experts are stating it does. The concessions made by Blue Ridge Landfill are items the City would probably not have success on if this were taken to a hearing and it is in the best interest of the City to accept the settlement offer. Councilmember Kyle stated she will abstain because she previously represented Allied Waste in litigation involving its landfills and to avoid a conflict of interest. Voting "Aye" Councilmembers Owens, Beckman, and Cole. Voting "No" None. Voting "Abstain" Councilmember Kyle. Motion Passed 3 to 0, with one abstention and Councilmember Saboe absent. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. City Council. No action taken by Council. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE HIRING OF A BUILDING OFFICIAL FOR THE CITY OF PEARLAND. City Council. Mayor Pro -Tem made the motion, seconded by Councilmember Kyle, to ratify the City Manager's appointment of David Whitaker as the Building Official and Department Head of the Inspections Department. Voting "Aye" Councilmember Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 11 of 12 — 5/18/2009 ADJOURNMENT Meeting was adjourned at 12:07 a.m. Minutes approved as submitted and/or corrected this the 8th day of June, A.D., 2009. -4' f n � Tom Reid Mayor ATTEST: YoVfif Lorfi-,'4TTRCCitpecre �\ Page 12 of 12 — 5/18/2009