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2009-09-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 14, 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 Felicia Kyle Woody Owens Scott Sherman Steve Saboe Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Michelle Smith Director of Parks and Recreation. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by Troop 483 Scout Luke Easton. MAYOR'S ACTIVITY REPORT Mayor Reid reported September 8, he attended the Agenda Meeting; September 9, he attended the Ribbon -Cutting for the new Pearland Office of Senator Mike Jackson and State Representative Randy Weber and the Adult Reading Center Board of Directors Meeting; September10, attended the Chamber Ribbon -Cutting for Texas Advantage Bank, the Texas First Bank After Hours Reception, and the Pearland Arts League Board of Directors Meeting, September 11, attended the Pearland Chamber of Commerce Business Before Breakfast Event and the photo shoot for the joint Council, Staff, and Dr. Bill Staples, President of the University of Houston Clear Lake, for the City of Pearland and University of Clearlake Houston Photo. COUNCIL ACTIVITY REPORTS Councilmembers Owens, Sherman, Kyle, Saboe, and Cole passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. Page 1 of 13 — 9/14/2009 CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 17, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the August 24, 2009, Public Hearing — Budget held at 6:30 p.m. 3. Minutes of the August 24, 2009, Public Hearing — Tax Rate held at 6:30 p.m. 4. Minutes of the August 24, 2009, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-65 — 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, 1.0 ACRE OF LAND DESCRIBED AS LOT 14, BLOCK 3, SKYWAY MANOR SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2905 FM 1128, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-08Z), FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL -1 (R-1) TO NEIGHBORHOOD SERVICES (NS), ON THE REQUEST OF DR. HUGH PETER PATTON, APPLICANT AND 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. C. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-143. City Council. C1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-143 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Darrin Coker, City Attorney. Page 2 of 13 — 9/14/2009 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-150 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR HAZARDOUS HOUSEHOLD WASTE COLLECTION SERVICES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle asked that Consent Agenda Item C & C1 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 D with the exception of item C and C1, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Kyle Consent Agenda Item C and C1 were removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-143. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to remove from the table Resolution R2009-143. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. C1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-143 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Darrin Coker, City Attorney. Page 3 of 13 — 9/14/2009 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution R2009-143 nominating Rubye Jo Knight to be a candidate for the position on the Board of Directors of the Brazoria County Appraisal District. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-66 — 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, APPROXIMATELY 2.389 ACRES OF LAND OUT OF LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY (2620 CULLEN PARKWAY, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-09Z), FROM CLASSIFICATION CULLEN MIXED-USE (C- MU) TO GENERAL BUSINESS (GB), ON THE REQUEST OF JUNG KWAK, APPLICANT AND 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. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-66 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2009-09Z. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 1406 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010. Mr. Bill Eisen, City Manager. Page 4 of 13 — 9/14/2009 Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1406 on its second and final reading.. City Manager Bill Eisen stated Council has conducted two Public Hearings and several Workshops to discuss the proposed FY 2009 — 2010 Budget. There was a request from residents to consider adding a provision and funding for sidewalks along the CR 403. The estimated cost of the project is $225,633.10. There are concerns regarding adding the matter to the budget with one being that the source of funding would be from the reserve funds. The other concerns are regarding the sidewalk repair fund and request from other residents for sidewalks that have not been immediately addressed. Councilmember Cole stated he wanted this request addressed because of the timing of the budget. The main question was whether the City is planning on installing sidewalks in the future. The difference in the request from other residents is that the schools for higher grades would have more children walking to school and farther distances. He does not feel that this large of an expense should be added to the budget at this point, but would like to review other options for funding the project in the future. Councilmember Owens stated he agrees with Councilmember Cole and feels that the sidewalks should not be installed before there is an established schedule of improvements for CR 403. Mayor Pro -Tem Kyle stated when reviewing the Capital Improvements Plan, she feels the installation of sidewalks should not be only for aesthetic reason, but should consider prioritizing by areas needing the sidewalks for safety reasons. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 1407 — AN ORDINANCE APPROVING A PROPERTY TAX INCREASE THROUGH THE ADOPTION OF A TAX RATE OF $0.6526, WHICH IS A PROPERTY TAX INCREASE OF 0.32% OVER THE EFFECTIVE TAX RATE AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2009. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1407 and adopt a tax rate of $0.6526, which is a property tax rate increase over the effective tax rate of 0.32% Page 5 of 13 — 9/14/2009 City Manager Bill Eisen stated this item has been the subject of two Public Hearings and several Workshops. The motion made by Councilmember Saboe was made in accordance with State law requirements. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-153 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE CITY'S DEVELOPMENT FEES FOR A HOUSE TO BE BUILT IN THE CITY BY HABITAT FOR HUMANITY FOR A FAMILY IN NEED. Mr. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-153 as amended. City Manager Bill Eisen stated Council held a Workshop previously on the subject of this item. Habitat for Humanity has submitted a request for the City to waive the Development Fees for houses being constructed for families in need. Council expressed an interest in waiving the Development Fees for one specific home, but not approving a blanket Resolution waiving all fees for all homes. The proposed Resolution waives all Development Fees for a home located at 2220 Pearland Avenue. Habitat for Humanity will have the option to request the fees to be waived for any house they construct in the future. Mayor Pro -Tem Kyle asked that the total amount of the fees being waived be stated for the record. City Manager Bill Eisen stated the total amount of fees being waived is $6,037. Councilmember Cole asked that the reason Council is able to approve waiving the fees for this particular request be stated for the record. City Attorney Darrin Coker stated this is something the Courts allow the Council to do at their discretion. The only concern would be establishing precedence for the City to waive these fees. The Council will have to review each individual request on a case-by- case basis. Councilmember Saboe stated this is something he supports and would be proud of the City for doing. He is concerned that there is no expiration on the fees being waived for this address. Page 6 of 13 — 9/14/2009 City Manager Bill Eisen stated Habitat for Humanity stated they plan to begin construction next year and perhaps an expiration date near that time would allow enough time. Councilmember Owens stated there does need to be a time limit on the fees being waived for this address. Councilmember Cole made the motion, seconded by Councilmember Saboe, to amend the motion to include an expiration date of September 14, 2011. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, 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, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $6,390,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2009. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-148. City Manager Bill Eisen stated the next two items relate to proposals by Municipal Utility Districts No. 2 and 3 to refund some existing debt. Refunding this debt will save money for the taxpayers. Mayor Reid stated he feels it is a smart idea to refund the debt to receive a lower percentage. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Page 7 of 13 — 9/14/2009 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $6,305,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2009. Mr. Darrin Coker, City Attorney. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-149. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE REGIONAL DETENTION MASTER PLAN. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-154. City Manager Bill Eisen stated Council requested an investigation be conducted to determine the feasibility of a system of regional detention that could be utilized for future development in the City. The proposed contract is with Klotz & Associates, Inc. to develop a specific scope of work and fee structure for a fee not to exceed $250,000. Mayor Reid asked if this study would review the benefit of buying into a larger detention pond versus utilizing multiple smaller detention ponds. City Manager Bill Eisen stated this study is different than what the City has done in the past in that it studies using all of the capacity in the new detention ponds for new development. Councilmember Cole asked if the study will determine what will be necessary for conveyance. City Engineer Narciso Lira provided Council with a detailed description of what the study will include. Page 8 of 13 — 9/14/2009 Discussion ensued between Council, Assistant City Manager Mike Hodge, and City Engineer Narciso Lira regarding the proposed Regional Detention Master Plan. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-152 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (2010-2014). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-152. After discussion, this item was tabled. City Manager Bill Eisen stated this item is the proposed Five -Year Capital Improvement Plan which is intended to be a planning tool by the City as it moves forward with Capital Improvements. Councilmember Saboe stated the issue he has with the proposed Resolution is that the indication is that Council approving the Capital Improvement Plan expresses that they support all the projects included in the plan. He would like the Resolution to reflect clearly that this Capital Improvement Plan is to be utilized only as a planning tool and does not intend that every project included will be completed. City Manager Bill Eisen stated the change can be made to the Capital Improvement Plan, and that Staff did not state this in the Resolution because Council has to approve any project over $50,000 individually. Councilmember Saboe stated he would not have an issue with the wording if he had not heard a member of Staff state that a project was approved by Council because it was included in the Capital Improvement Plan. He feels the wording in the Resolution needs to clarify this document is strictly used for planning purposes only. Councilmember Saboe made the motion, seconded by Councilmember Cole, to amend Resolution No. R2009-152 to state that years two through five or 2011 to 2014 as listed in the Capital Improvement Plan are for planning purposes only. Councilmember Owens stated the Park and Ride facility has $5.3 million and asked why this was the amount assigned. Page 9 of 13 — 9/14/2009 City Manager Bill Eisen stated this number was assigned prior to the current understanding of the actual cost of the project. The original number was carried over because the agreements have not been finalized. Mayor Pro -Tem Kyle stated many of the projects included in the proposed plan have been voted on by citizens. She does not want the amended motion to give anyone the idea that the projects approved by an election will not be completed. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Finance Director Claire Bogard regarding the proposed Five -Year Capital Improvement Plan. Councilmember Saboe withdrew his request to amend Resolution No. R2009-152. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Cole, to table Resolution No. R2009-152 for further review. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING — ORDINANCE NO. 1358-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON - DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EMERGENCY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1358-1 on its first and only reading. City Manager Bill Eisen stated this item makes several amendments to the City's Fee Ordinance that itemizes the various fees and the amount of the fees. Councilmember Sherman asked for clarification on what made this item an emergency reading. City Attorney Darrin Coker stated the item is being read on an emergency basis to pass the amendments in conjunction with the City's Budget. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Page 10 of 13 — 9/14/2009 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-151 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-151. City Manager Bill Eisen stated each year the City approves a Resolution to write-off uncollectible utility accounts. The proposed write-off amount is $46,584.97which is a very small percentage of the total utility payments collected. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-139. City Council. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to remove Resolution No. R2009-139 from the table. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR THE DESIGN AND INSTALLATION OF AUDIOVISUAL COMMUNICATIONS EQUIPMENT FOR THE PUBLIC SAFETY BUILDING. Mr. Trent Epperson, Project Director. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-139, as amended. Page 11 of 13 — 9/14/2009 City Manager Bill Eisen stated this item was previously presented to Council and there were some concerns regarding specific wording in the proposed contract. The proposed contract has been revised to meet Council's concerns. Councilmember Owens asked if this was a partial installation of what will be installed at the Public Safety Building because the amount did not match the total estimate for the equipment. Project Director Trent Epperson stated there will be two different sources for the funding of the equipment that will total the cost originally presented. Mayor Pro -Tem Kyle stated the wording is still confusing regarding the term of the contract and the warranty. Discussion ensued between Council and Project Director Trent Epperson regarding the proposed contract. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2009-152 amending the termination provision in Section No. 3.1 of the contract to state the installation will be on or before January 29, 2010 and any reference to additional term in the body of the contract should be referenced to the completion date of January 29, 2010. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, 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, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Mayor Reid stated the Council will not conduct the scheduled Executive Session. Page 12 of 13 — 9/14/2009 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:15 p.m. Minutes approved as submitted and/or corrected this the 28th day of September, A.D., 2009. Tom Reid Mayor ATTEST: Ejff6 • r c��' �► "' FjFi,ec ary Page 13 of 13 — 9/14/2009