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2009-06-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 22, 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 7:35 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; Narciso Lira City Engineer; Claire Bogard Finance 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 June 11, he attended the Pearland Arts League Board of Directors Meeting, the Pearland Chamber of Commerce Ribbon Cutting for three businesses, and the North Brazoria County Educational Alliance Board of Directors Meeting; June 12, attended the Pearland Chamber of Commerce Business Before Breakfast Event; June 15, attended the Agenda Meeting and the Council Regular Meeting; June 16, attended the H -GAC Board of Directors Meeting and the Council Joint Workshop with Municipal Utility District No. 2 and No. 3; June 17, attended the BayTRAN Monthly Luncheon Meeting, the Brazoria County Cities Association Meeting , and met with City Manager Bill Eisen, City Attorney Darrin Coker, and consultants regarding the Blue Ridge Landfill; June 18, attended the Pearland Chamber of Commerce Leadership Council, the Pearland Chamber of Commerce Monthly Luncheon Meeting, and the Gulf Coast Water Authority Board of Directors Meeting; June 19, spoke at the PAF Realtor Quarterly Luncheon Meeting and met with Ron Servie, Harris County Judge Ed Emmett's Intergovernmental Staff Member. Page 1 of 11 — 6/22/2009 COUNCIL ACTIVITY REPORTS Councilmember Owens stated Mayor Pro -Tem Beckman has been a wonderful Councilmember and congratulated Scott Sherman for being elected to Council Position No. 2. Councilmember Saboe congratulated Scott Sherman for being elected to Council Position No. 2. Mayor Pro -Tem Beckman congratulated Scott Sherman for being elected to Council Position No. 2. She stated she attended the Keep Texas Beautiful Conference and provided details from the conference. Ms. Beckman stated, although she is leaving Council, she will still be active in the City and with Keep Pearland Beautiful. Councilmember Kyle congratulated Scott Sherman for being elected to Council Position No. 2. Councilmember Cole stated, as the City's representative to the Northern Brazoria County Education Alliance, he attended the Board Meeting June 11, 2009. He stated his wife is the Director of a Christian School and they are planning a school garden to allow the kids to be involved in growing plants. CITY MANAGER'S REPORT City Manager Bill Eisen stated the Parks and Recreation Department will be holding the annual July 4th Celebration. Assistant City Manager Jon Branson stated Parks and Recreation has planned an outstanding celebration and carnival at The Rig at Pearland High School. The celebration and carnival will be held Saturday, July 4, 2009, and the carnival will continue through Sunday, July 5, 2009. Vehicles will not be able to park along SH 35, but will be required to park in the available parking lots. Mayor Reid recognized Scott Sherman, newly elected to Council Position No. 2, and he also recognized Tammy Dexter, who was a candidate in the May 9, 2009 General Election. CITIZENS: None. DOCKETED PUBLIC HEARING: None Page 2 of 11 — 6/22/2009 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 18, 2009, Joint Public Hearings held at 6:30 pm. 2. Minutes of the June 1, 2009, Special Meeting held at 7:00 p.m. 3. Minutes of the June 8, 2009, Regular Meeting held at 7:30 p.m. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Item A as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS Mayor Reid, with concurrence of Council, moved to New Business Item No. 9, Resolution No. R2009-105. COUNCIL ACTION — RESOLUTION NO. R2009-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ENTERING INTO A CONSULTING SERVICES AGREEMENT. Mr. Fred Welch, Executive Director of Economic Development Corporation. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-105, as amended. City Manager Bill Eisen stated this item was discussed at the Workshop held earlier this evening. Council concerns were discussed with the City Attorney Darrin Coker and representatives from the proposed company. Gateway Planning has agreed to delete ten-day the payment provision, place a cap of $20,000 for expenses, and use the City's Standard Form Agreement with the stipulation that the indemnity provision will include the reciprocal language. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to amend the Resolution No. R2009-105 to reflect the City Manager's comments. Page 3 of 11 — 6/22/2009 Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with the concurrence of Council, moved to New Business Item No. 1, Ordinance No. 2000CUP-32. FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-32 — 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 AS APPROXIMATELY 1.727 ACRE TRACT DESCRIBED IN THE BRAZORIA COUNTY CLERK'S FILE NO. 2007014638 AND BEING THE RESIDUE OF 12.843 ACRE TRACT DESCRIBED IN VOLUME 1155, PAGE 604 OF THE BRAZORIA COUNTY DEEDS OF RECORD, SAID 1.727 ACRE TRACT OF THE LAND ALSO BEING SITUATED IN AND PART OF LOTS 21 AND 22, OF THE W. ZYCHLINSKI SUBDIVISION, SECTION 4, E. B. LYLE SURVEY ABSTRACT NO 543, BRAZORIA COUNTY TEXAS. (LOCATED AT 2070 MYKAWA ROAD, PEARLAND TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-08, TO PERMIT A GAS STATION AND RETAIL SUITES IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT, AT THE REQUEST OF BM DESIGN LLC, APPLICANT FOR JK JOSPEH INC, OWNER, 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. Councilmember Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000CUP-32 on its first and only reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. CUP 2009-32. Page 4 of 11 — 6/22/2009 City Manager Bill Eisen stated this is a request for a zone change for a convenience store. The Planning and Zoning Commission recommended the denial of this item; therefore, it will take a three-quarter approval vote from Council to approve the item. Charles B. Stevens, 4701 W. Orange, addressed Council and stated he would like Council to uphold the denial submitted by the Planning and Zoning Commission. Jean-Pierre Bizan, 1904 Mykawa, addressed Council and stated he owns the business located next to the property and is opposed to the zone change request. Councilmember Cole stated he does not feel this zone change is the best use for the property because of other business located in the area and the traffic flow. Councilmember Owens stated he is concerned about the traffic attempting to enter the property near the intersection. Discussion ensued between Council and City Engineer Narciso Lira regarding the proposed zone change. Voting "Aye" None. Voting "No" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Motion Failed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-99. City Council. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to remove Resolution No. R2009-99 from the table. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 141 OF APPROXIMATELY 65 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-99. Page 5 of 11 — 6/22/2009 City Attorney Darrin Coker stated this item was presented on a previous Agenda and was tabled to provide Council with more information. He stated there will possibly be three schools built on the property. Tim Austin, Allen Boone Humphries Robinson, stated the sixty-five acres of property is included in the Extraterritorial Jurisdiction (ETJ) of the cities of Pearland, Alvin, and Missouri City. The property is also located near the City of Arcola. Municipal Utility District No. 141 (MUD No. 141) does not have any other development at this time and is trying to accommodate this with a regional water and sewer agreement with the City of Arcola. MUD No. 141 is located in the ETJ of the City of Arcola and Arcola has agreed to 10,000 gallons of waste water which will be used for the schools built on the property. There will be a small well built on the property to accommodate the water needs of the school. Councilmember Cole asked why MUD No. 141 needs the addition of a non-taxable value when it is a non-taxable entity. Tim Austin, Allen Boone Humphries Robinson, stated the only way for the schools to get water service is by going through MUD No. 141. The City of Arcola does not want to provide waste water to property located in the ETJ of another city. City Attorney Darrin Coker stated once the property is included in MUD No. 141 they will be able to pass a Resolution according to the Water Code. The MUD also plans to be annexed by the City of Arcola. Tim Austin, Allen Boone Humphries Robinson, stated there is no advantage to the City of Pearland approving this item, but there is no disadvantage. City Attorney Darrin Coker stated the Fort Bend Independent School District has already purchased the property. Councilmember Owens stated the City of Missouri City has approved this item and asked if the City of Alvin had approved the item. City Manager Bill Eisen stated the City of Alvin has tabled the item until they can receive more information. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Tim Austin, Allen Boone Humphries Robinson, Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Page 6 of 11 — 6/22/2009 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-103. City Manager Bill Eisen stated this item was the subject of a Public Hearing held previously. There are a mixture of different types of programs that can be funded through the Community Development Block Grant Program (CDBG). This item is the proposed Funding Plan for funds the City received through the CDBG Program. Councilmember Kyle stated the write-up summary stated there were a total of five applications received. Five applications were received from outside agencies and one request from a City department. Two of the requests from outside agencies were submitted with the CDBG-Recovery Application, leaving four for consideration. City staff recommends funding three of the requests for Social Services. She asked if there was an application that was not provided to Council. City Manager Bill Eisen stated there was one item in a volunteer program for an existing employee's salary and Staff is recommending this item not be submitted. Mayor Pro -Tem Beckman stated the City funded a program through the United Way, which she believes is an ongoing program. She stated it is possibly not a good idea to fund an ongoing program with CDBG Funds. City Manager Bill Eisen stated the City did fund a program through the United Way, but did inform them that the funding was for a limited time only. Brief discussion ensued between Council and Assistant City Manager Jon Branson regarding the Funding Program. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 7 of 11 — 6/22/2009 COUNCIL ACTION — RESOLUTION NO. R2009-101 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN FOR THE ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT PROGRAM ("EECBG"). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-101. City Manager Bill Eisen stated this item would allocate funding received under an Energy Efficiency and Conservation Block Grant Program (EECDG). The funding program is specifically part of the Federal Stimulus Program and is designed for projects associated with energy conservation. The City of Pearland will receive $685,900 and will utilize the money for several projects within the City that qualify for the program. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PROPOSED PROJECT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-102. City Manager Bill Eisen stated the City has previously submitted two other applications associated with this funding source. Funding received from this item would be utilized for the purchase of a firearms training simulator and associated supplies for the purpose of training officers. Lieutenant Onesimo Lopez stated this training simulator would be a good supplement to the existing training program. The training would be geared towards critical thinking which would provide officers on -point shooting and shoot, don't -shoot decisions. Councilmember Saboe asked if the training would be a one -time -only training or would it be something that could be used as an ongoing training tool. Lieutenant Onesimo Lopez stated the training simulator can be used for ongoing training and has different skill levels that can be completed. Page 8 of 11 — 6/22/2009 Police Chief J.C. Doyle stated the training simulator also records the hits scored by the Police Officer and the bad guy which adds some stressors to the program. The software allows the City to record scenarios that are specific to situations the officers could possibly encounter in the City. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT ASSOCIATED WITH THE AERIAL RECONNAISSANCE AND DISASTER RESPONSE RECONNAISSANCE. Mr. Bill Eisen, City Manager. This item passed to a future agenda. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2009-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE CITY OF PEARLAND AS A "GREEN CITY" AND COMMITTING THE CITY TO ACHIEVE SUSTAINABILITY GOALS. Mr. Jon Branson, Assistant City Manager. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-98. City Manager Bill Eisen stated this item was the subject of a previous Council Workshop. Assistant City Manager Jon Branson stated this Resolution declares the City as a Green City. A group was established that developed a total of nine recommendations to establish Pearland as a more sustainable City. The Resolution states the way that the City will work together with citizens and other cities in establishing and maintaining conservation efforts. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 9 of 11 — 6/22/2009 FIRST AND ONLY READING OF ORDINANCE NO. 1026-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, ARTICLE XVI, TRUCK TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING AN EMERGENCY CLAUSE BECAUSE THE NEED TO REGULATE TRUCK ROUTES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1026-2 on its first and only reading. City Attorney Darrin Coker stated this item is an amendment to the Truck Route Ordinance to clarify what the City's intent is regarding the portion of Broadway that is west of SH 288. The City has never intended for this area to be a truck route and this Ordinance clarifies that plan. Councilmember Kyle stated, although she has abstained from voting on items pertaining to the Blue Ridge Landfill because of a conflict of interest, she feels this is a separate item and intends to vote on this item. City Attorney Darrin Coker stated he agrees that this item does not relate to the other items pertaining to the Blue Ridge Landfill. Councilmember Owens stated the truck load limit is different from the State requirements and he feels this could cause issues for drivers transitioning from other roadways. He stated he also feels the permit fee is low. City Attorney Darrin Coker stated he believes the load limit was amended, but he will need to verify the information. Discussion ensued between Council, City Manager Bill Eisen, and Police Chief J.C. Doyle regarding the Ordinance. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 10 of 11 — 6/22/2009 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:50 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:25 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. Meeting was adjourned at 9:26 p.m. XI. ADJOURNMENT Minutes approved as submitted and/or corrected this the 13th day of July, A.D., 2009. ATTEST: Y n6L i , Sedr6tary ae. . >� QEAf2C;qb ;��s Tom Reid Mayor Page 11 of 11 — 6/22/2009