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2009-10-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 12, 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 7:30 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: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Fred Welch Executive Director of Economic Development Corporation, Teresa Battenfield Assistant Project Director, Rick Overgaard Assistant Finance Director, Bob Pearce Purchasing Officer. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported September 29, he attended the Emergency Meeting NIMS G402 Training in Angleton; October 1, attended the Pearland Chamber of Commerce Elected Officials Reception; October 3, attended the Pearland Independent School District/Northern Brazoria County Educational Alliance Presentation to the Texas School Board Association, Marine Corps Toys for Tots Banquet; October 5, joined City Staff for TranStar Tour, attended the Agenda Meeting and the Toys for Tots Golf Tournament; October 6, visited eight communities for National Night Out; October 8, attended the Pearland Chamber of Commerce Ribbon Cutting for two new businesses, and Pearland Arts League Board of Directors Meeting; October 9, attended the Pearland Chamber of Commerce Business Before Breakfast, served as a waiter for the Keep Pearland Beautiful Luncheon; October 10, attended Sri Meenakski Temple Diwali Bazaar; October 12, joined City Manager Bill Eisen, Planning Director Lata Krishnarao and Planning Secretary Judy Krajca for the Employee of The Month Luncheon. Page 1 of 10 — 10/12/2009 Mayor Reid and Mayor Pro -Tem Kyle presented a Proclamation proclaiming "Fire Prevention Month" to Fire Marshal Roland Garcia and Director of Fire Services Jack Colbath. Mayor Reid and Councilmember Sherman presented a Proclamation proclaiming "Texas Chamber of Commerce Week" to Chamber Member Thane Harrison Waste Management. Thane Harrison, Waste Management, presented a Waste Management Think Green Grant check for $10,000 to Executive Director Keep Pearland Beautiful Linda Cowles, Executive Director of Economic Development Corporation Fred Welch and Pearland Economic Development Board Member George Sandars for a Pearland Old Townsite Project. Mayor Reid and City Council signed a "Declaration of Right to Literacy" presented by the Pearland Adult Reading Center Executive Director Dale Pillow. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended National Night Out where over 30 different Homeowners' Associations held National Night Out. Texas is the only state that held National Night Out in October. Councilmember Sherman reported he attended eight National Night Out parties. September 29, he attended the Texas Public Officials Workshop on Emergency Management in Angleton. He attended the joint City/Brazoria County Library Commission initial meeting and stated, that as time goes on, we will to get closer to a Westside Library. Mayor Pro -Tem Kyle reported on October 1 — 3 she attended the Center For Houston's Future Leadership Program (Retreat); October 3, attended the Bands of America Regional Competition; October 6, attended National Night Out; October 11, attended the Girl Scouts Meeting — Women Leaders; October 12, attended Women Impacting the Nation ("WIN") Luncheon where Congressman Pete Olson and other officials were speakers. Mayor Reid thanked Fire Marshal Roland Garcia for securing positions for the NIMS G402 Training and arranging the TranStar new facility tour. Councilmember Saboe thanked Keep Pearland Beautiful Staff for the Plant Thyme Fall Luncheon, in honor of the late Joe Miller, which he enjoyed serving at and attending. He also thanked Director of Public Works Danny Cameron and his Staff for executing improvements to enhance the traffic flow on FM 518 down by SH 288. Page 2 of 10 — 10/12/2009 Councilmember Cole attended the Keep Pearland Beautiful Plant Tyme Luncheon and he stated it was fun and a treat to do. He attended the Alliance luncheon where the Census Bureau provided 2010 Census information. Councilmember Cole has provided a packet for Council and Staff. Citizens will receive the Census packet on or about March 15, 2010 to be returned by April 1, 2010. He encouraged everyone to fill these out because there is $400 billion dollars that goes back into communities based solely on Census information. September 28, 2009, he and Councilmember Owens attended a dinner to raise awareness for the Ring of Honor which is a new memorial dedicated to those who died in wars up to this date. The Wall of Honor in the Brazoria County Court House will be moved to a museum and the Ring of Honor will be constructed on the West Courthouse Lawn. It will be an awesome display and we all need to support it financially. The Exchange Club fund raising effort will be held at Las Rosas, Wednesday, October 14, 2009, at 11:45 p.m. CITY MANAGER'S REPORT City Manager Bill Eisen recognized Parks & Recreation Director Michelle Smith and her Department for receiving the IFEA/Haas & Wilkerson 2009 Silver Medal Pinnacle Award, for Winterfest, for the Best Environmental Program for programs with budgets under $250,000. He congratulated them on the outstanding work their Department does. Assistant City Manager Jon Branson stated the Trick or Treat Trail will be held at Independence Park, Saturday, October 31, from 5:30 p.m. to 8:30 p.m. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 21, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the September 28, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-166 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOFTWARE MAINTENANCE Page 3 of 10 — 10/12/2009 CONTRACT WITH SUNGARD HTE AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-162 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LEASE/PURCHASE FINANCING. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1389 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF KELLY MOODY TO SERVE ON THE PARKS, RECREATION & BEAUTIFICATION BOARD POSITION NO. 2 FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt Consent Agenda Items A through E 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 None NEW BUSINESS Page 4 of 10 — 10/12/2009 FIRST READING OF ORDINANCE NO. 2000M-63 — 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 2.4051 ACRES OF PROPERTY OUT OF A 40 ACRE TRACT OF LAND OUT OF THE SOUTHWEST'/ OF NORTHWEST'/ SECTION 17, H.T. & B RR CO SURVEY, ABSTRACT 242, BRAZORIA COUNTY TEXAS (8017 FITE ROAD, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-12Z), FROM CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL -1 (R-1) TO GENERAL COMMERCIAL (GC), ON THE REQUEST OF NARMIN PARPIA AND RAJ RAMLAL, APPLICANT, ON BEHALF OF GERALD OLSON, 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-63 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. 2009-12Z. City Manager Bill Eisen stated this is a request which was filed by the applicant for the purpose of producing children's products at the location adjacent to the Telephone Building. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-163 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ANIMAL CONTROL EXPANSION PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-163. City Manager Bill Eisen stated this item is for expansion of the existing Animal Control Building on Old Alvin Road. The overall low bid for the project including specified Add Alternates, which are itemized in materials provided, is $477,151 to JC Stonewall Constructors. The recent trend for bids coming in much more favorably than our budgeted estimates is continuing. The budgeted estimate was a little over $700,000 and this bid comes in significantly under $500,000. This is very positive trend. Councilmember Owens asked who is going to do the inspection on this; is this something the City may do in house. Page 5 of 10 — 10/12/2009 Project Director Trent Epperson stated the inspections will be completed by the City Departments. Councilmember Saboe asked about one of the options, which is acoustical improvements to the existing facility. Neighbors have expressed concerns that when this expansion is made, can the City do something to improve the noise. He asked if that is covered in this proposal. Assistant City Manager Jon Branson stated Add Alternate number 2, Add Alternate number 3, and Add Alternate number 6 all relate to noise reduction. Add Alternative number 2 is for the addition of acoustical plaster to the existing facility; add Alternative number 3 is for Air Conditioning at the existing kennel; Add Alternate number 6 is for spraying on roof insulation to help deaden sound. The sound wall alternate was not chosen by Staff after consideration. Councilmember Saboe thanked Assistant City Manager Jon Branson for taking these concerns under consideration in the design of this project. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-164 — 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 FOR ROAD MAINTENANCE. Mr. Danny Cameron, Director of Public Works. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-164. City Manager Bill Eisen stated this is an agreement that the City enters into with Brazoria County each year. The terms this year are similar if not identical as in prior years in that Brazoria County makes their personnel and equipment available to the City for major roadway work such as overlays or road reconstructions. Under the terms of the agreement, Brazoria County provides most of the manpower as well as the equipment necessary to do the work and the City purchases the materials. This has been a money saver for the City over the years. Sometimes, it takes Brazoria County later in the fiscal year to do the work, and it has been done very well. Projects and street sections that will be included are listed in the appendices to the proposed interlocal agreement which you are being asked to consider. Page 6 of 10 — 10/12/2009 Councilmember Cole asked if the City anticipates the same type of delay in the projects listed in the proposed agreement. He stated the City might need to consider looking at the timeframe for projects throughout the City that may be affected by the projects being completed by Brazoria County. City Manager Bill Eisen stated the timing would depend on the agreements Brazoria County enters into with other entities. Discussion ensued between Council, Project Director Trent Epperson and Director of Public Works Danny Cameron regarding the proposed agreement. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1322-1 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY AMENDING ARTICLE VI, GRAFFITI ABATEMENT; PROVIDING FOR A PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. Passed to a future agenda; no action taken by Council. FIRST READING OF ORDINANCE NO. 181-9 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12, SOLID WASTE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 181-9 on its first reading. City Attorney Darrin Coker stated there was a request made for a slight amendment to the ordinance to allow the placement of garbage out at 5:00 P.M. rather than 6:00 P.M. to accommodate certain religious practices in light of the onset of the new time change. Staff discussed this amendment and stated it would still accomplish the primary objective of the ordinance. Page 7 of 10 — 10/12/2009 Councilmember Owens stated he has had contact with several people, the elderly and others, who cannot go out and pick up heavy trash bags when they have work done and then get the bags out another day for pick up. He would like to see this relaxed for those people for garbage as well. Councilmember Sherman asked how many citations are given because of garbage. City Attorney Darrin Coker indicated he does not have the answer. The City does not prosecute a lot of cases in Municipal Court. City Manager Eisen indicated that typically warnings are given. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-165 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2010 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-165 as amended. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2009-165 to appoint Mayor Reid to serve as Representative for the Houston -Galveston Area Council 2010 General Assembly and Board of Directors and Mayor Pro -Tem Kyle to serve as Alternate. 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. Page 8 of 10 — 10/12/2009 Motion Passed 5 to 0. Mayor Reid recessed the meeting to call the workshop back to order at 8:34 p.m. Mayor Reid called the meeting back to order at 9:37 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:37 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. 3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE CITY'S UNIFIED DEVELOPMENT CODE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:14 p.m. COUNCIL ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. COUNCIL ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. No action taken by Council. Page 9 of 10 - 10/12/2009 COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE CITY'S UNIFIED DEVELOPMENT CODE. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:15 p.m. Minutes approved as submitted and/or corrected this the 26th day of October, A.D., 2009. �-.) FL Tom Reid Mayor ATTEST: Ypjng Lo K9C1 60 Secr ry vs Page 10 of 10 — 10/12/2009