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2009-11-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 23, 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 Felicia Kyle Councilmember Woody Owens Councilmember Scott Sherman Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Webb Others in attendance: Jack Colbath Director of Fire Services; Roland Garcia Fire Marshal; Bonita J. Hall Director of Human Resources and Safety Management; _Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Director of Fire Services Jack Colbath. MAYOR'S ACTIVITY REPORT Mayor Reid, Assistant City Manager Mike Hodge and City Attorney Darrin presented Assistant City Attorney Laticia Fuhr, Legal Department, with the Employee of the Quarter Award. Mayor Reid, Assistant City Manager Mike Hodge and Director of Parks and Recreation Michelle Smith presented, Senior Center Program Coordinator Cheryl Patterson , Parks and Recreation Department, with the Employee of the Year Award. COUNCIL ACTIVITY REPORTS Mayor Reid reported November 10, he met with City Attorney Darrin Coker and Library Board Chairman Stu Coffman on updating the Library Board Ordinance and conducted the Scout Troop No. 443 Training Class for a Merit Badge; November 11, attended the Adult Reading Center Board of Directors Meeting and the Pearland Economic Development Corporation Reception for Cardiovascular Systems Inc.; November 12, attended the Pearland Arts League Board of Directors Meeting, the Chamber of Commerce Ribbon Cutting for three new businesses, and the Freese & Nichols Ribbon Page 1 of 12 —11 /23/2009 Cutting; November 13, attended the Chamber Before Business Breakfast Meeting, the Veterans Presentation at Heritage Christian Academy, joined City Manager Bill Eisen for the Hilton Staff Meeting, and joined City Manager Bill Eisen and City Attorney Darrin Coker for a meeting with a developer; November 16, attended the City of Pearland Agenda Meeting, the Pearland District Education Improvement Committee Meeting, the City of Pearland City Council Workshop and the Joint Planning and Zoning Public Hearings; November 17, attended the Houston Galveston Area Council Board of Directors Meeting, joined Assistant City Manager Jon Branson for an Airport Development Meeting, the Pearland State Bank Open House, and joined Public Works Director Danny Cameron and the Public Works Staff to welcome the Texas Water Works Association at the Annual Thanksgiving Dinner Meeting; November 18, attended the Exchange Club One Nation Under God Breakfast, the Chamber of Commerce Monthly Luncheon, met with Chancellor Dr. Brenda Helyer of San Jacinto College, and the Brazoria County Cities Association Monthly Meeting; November 19, attended the Leadership Council—Chamber of Commerce Meeting, the City of Pearland Thanksgiving Awards Luncheon, the Gulf Coast Water Authority Board of Directors Meeting, the Northern Brazoria County Educational Alliance Board of Directors Meeting, and the Keep Pearland Beautiful Annual Meeting; November 20, attended the Houston Galveston Area Council Transportation Policy Board of Directors Meeting, joined Assistant City Manager Mike Hodge for the Mobil Steel 40th Anniversary Dinner, the India House Dedication Event; and spoke at the Sri Meenakshi Temple Special Event; November 23, attended the Development Authority of Pearland Board of Directors Meeting. Councilmember Owens reported he attended the Pearland Chamber of Commerce Luncheon and the Public Hearing on FM 2234. Councilmember Sherman reported he attended the Cardiovascular Systems, Inc. Open House and the Public Hearing on FM 2234 Shadow Creek Parkway. He spoke at the Southgate Home Owners Association Meeting on November 11. Mayor Pro -Tem Kyle passed on giving a report. Councilmember Saboe attended the City of Pearland Thanksgiving Luncheon, and the Economic Alliance for the Port Region Joint Meeting with the East Harris County Manufacturers Association where he gave a report on Pearland. Councilmember Cole stated he attended the Northern Brazoria County Educational Alliance Meeting where they adopted a five-year strategic plan. He attended an event at Ellington Air Force Base, which was hosted by Congressman Pete Olson, where they were recognizing one hundred years of military aviation. Congressman Sam Johnson spoke at the event. Page 2 of 12 — 11/23/2009 CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended the City of Pearland Thanksgiving Luncheon. Employees were recognized for their years of service which ranged from five years to thirty-five years, at this luncheon. He wanted to give special recognition to Captain Jay Chapman with thirty-five years of service and Police Chief J. C. Doyle for thirty years of service. CITIZENS Larry Marcott, 3606 Inverness Court, reported eight street lights are out on Kirby Drive from Shadow Creek Parkway to Beltway 8. He stated that something needs to be done. He stated Police can observe these lights and get the number to report them more safely than an individual could. Mr. Marcott would like to know the cost per month for the types of lights. The City has to determine the cost so The City can look at how much money is being lost with all the lights out. He thinks it is significant. He stated that The City is supposed to be judicious with its budget and this might help to control the electricity budget. He stated there is a public safety issue at Liberty Drive and FM 518. The sidewalks and some driveways were torn up during construction and they are still torn up. He stated it is a real eye sore and they need to be put back so people do not have to walk out in the street. He stated sidewalks need to be accessible and need to be corrected. He asked if The City could put something in an Ordinance with building permits stating the time which this has to be done after construction. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 9, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the November 16, 2009, Special Meeting held at 6:15 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1108-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29 1/2, TREES AND VEGETATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES AND ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION AND MANAGEMENT OF PUBLIC TREES OF TREES IN THE CITY OF PEARLAND, TEXAS; PROVIDING A PENALTY FOR VIOLATION; Page 3 of 12 — 11/23/2009 HAVING A SAVINGS CLAUSE, A CODIFICATION CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Ms. Michelle Smith, Director of Parks and Recreation. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM FELICIA KYLE'S ABSENCE FROM THE NOVEMBER 9, 2009, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH HARRIS COUNTY. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-187 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2009, DUE TO THE HOLIDAY SEASON. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1406-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1406, THE 2009-2010 ANNUAL BUDGET ORDINANCE, BY; PROVIDING A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-189 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING GRANT FUNDS FROM THE U.S. DEPARTMENT OF ENERGY, ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT ("EECBG") PROGRAM. Mr. Bill Eisen, City Manager. Page 4 of 12 — 11/23/2009 H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-41 — 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 .6 ACRES OF LOT 9, BLOCK 7, OF THE HICKORY CREEK SUBDIVISION, VOLUME 1, PAGE 162 OF THE B.C.M.R. IN THE BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY TEXAS (LOCATED AT 2206 O'DAY ROAD, PEARLAND, TX.), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-18), TO ALLOW A PROFESSIONAL OFFICE IN THE GARDEN O'DAY- MIXED USE (GO -MU) ZONING DISTRICT, AT THE REQUEST OF TRIAD RETAIL CONSTRUCTION, INC., APPLICANT, AND FRANK B. HOLDEN & DOROTHY W. HOLDEN., OWNERS, 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. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-40 — 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 TRACT 1 WITH 2.0 ACRES AND TRACT 2 WITH 3.8897 ACRES OUT OF RESERVE "A" IN THE REPLAT OF CORRIGAN ADDITION SECTION 1 (VOLUME 2, PGS 97-98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AND THAT CERTAIN 3.8897 ACRES, MORE OR LESS, OUT OF RESERVE "A", REPLAT OF CORRIGAN ADDITION, SECTION ONE, RECORDED IN VOLUME 11, PAGE 97-98 OF THE BRAZORIA COUNTY PLAT RECORDS, PEARLAND, TEXAS (LOCATED AT 5010 W. BROADWAY STREET, PEARLAND TX.), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-17), TO ALLOW A RESTAURANT IN THE NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT, AT THE REQUEST OF MENDIETA FAMILY FOODS INC., APPLICANT, AND PEARLAND WESTSIDE ASSOCIATES LP., OWNERS, 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 Page 5 of 12 — 11/23/2009 BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe stated it should be noted that the dates and times for the December City Council Meetings have been changed. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 187-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 15, ARTICLE II, LIBRARY BOARD, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Ordinance No. 187-3 on its first reading, as amended. City Attorney Darrin Coker stated the City of Pearland Library Board was created through City Ordinance. This Ordinance makes minor changes in the operation of the Library Board and brings the Ordinance into alignment with how the Library Board functions today. Councilmember Kyle stated that it is her understanding that The City's relationship with Brazoria County is that The City provides the land and Brazoria County provides maintenance and operating funds. She asked, regarding the Use of Funds Section, what funds is The City handling on an annual basis that this Board oversees. She recommended that the Library Board Treasurer Report on funds be provided to Council at a specified time period. Page 6 of 12 — 11/23/2009 Discussion ensued between Council and City Attorney Darrin Coker regarding the finances of the Library Board. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to amend Ordinance No. 187-3 to require a copy of the Financial Report that is presented at each Library Board Meeting also be provided to City Council. 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. R2009-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. Ms. Bonita Hall Director of Human Resources and Safety Management. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-147. City Manager Bill Eisen stated this is a series of changes in the City of Pearland Employee Personnel Policies which brings The City into compliance with State Law as it relates to the Americans With Disabilities Act and the Family Medical Leave Act. The proposed changes make a distinction between City Employees under the Drug Testing Policy who fall under the Federal Department of Transportation's Guidelines as compared to all other employees of the City of Pearland. Councilmember Kyle asked, if The City implements these changes, do we have a training program in place to train the supervisors and managers on the new changes. Director of Human Resources and Safety Management Bonita Hall stated that a training program is on the agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Page 7 of 12 —11 /23/2009 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-188 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR FIBER OPTIC CABLE INSTALLATION SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-188. City Manager Bill Eisen stated this is for the installation of fiber optic cable which would connect the existing Police Station to the Public Safety Building and Natatorium/Recreation Center. The work was bid in such a way to allow The City to evaluate all aspects of the project to determine what was the best opportunity for The City. As a result, due to the superior warranty from Fisk Electric, it is recommended that they be awarded the contract in the amount of $107,000.00. Councilmember Owens asked if this is giving The City a twenty-year warranty and what will happen if Fisk Electric goes out of business. Purchasing Officer Bob Pearce stated American Fujikura Limited, the parent company, will honor the warranty. Councilmember Owens stated that we really don't know on a twenty or twenty -five-year warranty how much we are paying for that warranty for that period of time. Purchasing Officer Bob Pearce stated he is not aware of what the separate cost for the warranty is. Councilmember Kyle asked how long has American Fujikura Limited been in business. Michael Child, American Fujikura Limited, stated Fujikura Limited has been in business for over 100 years and the American Fujikura Limited, for well over 25 years in the telecommunications industry. It was formerly known as Alcoa. Discussion ensued between Council and Michael Child, American Fujikura Limited. Councilmember Owens stated that 25 years is a long warranty. If The City is hinging the deal on the twenty to twenty -five-year warranty, there are a lot of things that can happen. He asked what the warranty covers. Page 8 of 12 — 11/23/2009 Michael Child, American Fujikura Limited, stated the warranty covers the entire system. City Manager Bill Eisen stated it was not only the length of the warranty, it also was that in some cases other bids covered only the materials not the labor. Councilmember Owens complimented Purchasing Officer Bob Pearce on the good job he did on the justification write-up for the choice of the selected contractor. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-190 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING SERVICES ASSOCIATED WITH THE FM 518 LANDSCAPING PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-190. City Manager Bill Eisen stated this is a process that has gone through the TxDOT process for approximately 2-3 years and started before the medians were installed on FM 518. Due to a series of funding issues that TxDOT was having, they delayed the formal bid on at least two or three occasions. The City ended up bidding at a time when the bids received were extremely favorable compared to what the initial cost estimates were. Initially The City was going to be responsible for either twenty percent to twenty- five percent of the cost, but because the bids that came in were so low in relation to TxDOT funding, there will not be a local share with regard to the construction price. Staff is recommending that Council award the bid to Westco Grounds Maintenance in the amount of $62,234. Councilmember Owens asked if The City will have to put up the up- front cost on this project. City Manager Bill Eisen indicated The City will, but we will be reimbursed. Councilmember Sherman asked how long the reimbursement process takes. City Manager Bill Eisen indicated he is unaware of the time period. Page 9 of 12 — 11/23/2009 Assistant City Manager Mike Hodge indicated that generally it is tied to the completion of the project. Councilmember Sherman asked how long it is going to take to complete the project. Assistant City Manager Mike Hodge stated the anticipated project completion is ninety days. Discussion ensued between Council, City Manager Bill Eisen and Assistant City Manager Mike Hodge. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-180 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CENTENNIAL PARK RESTROOMS. Ms. Michelle Smith, Director of Parks and Recreation and Mr. Ed Grossenheider, Parks & Building Maintenance Superintendent. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-180. City Manager Bill Eisen stated last year Council was asked to award a contract for a self-contained vault style restroom facility at Centennial Park. After the bid was awarded, The City discovered there was a discrepancy in the bid with regard to what the understanding had been. Information was discovered which prevented The City from entering into an agreement with the recommended vendor. Staff re -bid the project using a different type of facility. Council is being asked to consider an award of the bid to Wallis Concrete LLC in the amount of $66,697.00. Councilmember Kyle asked what happened on the other bid. Parks & Building Maintenance Superintendent Ed Grossenheider stated it was not actually a formal bid. The quotation sheet listed a total amount. After further information was obtained, it was determined that the total bid listed was for installation only; the building would have cost another $43,000. Councilmember Kyle asked what the difference in the bid price is from last year. Page 10 of 12 — 11/23/2009 Parks & Building Maintenance Superintendent Ed Grossenheider stated there is no difference and we actually are getting a nicer facility. Discussion ensued between Council and Parks & Building Maintenance Superintendent Ed Grossenheider. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:43 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING STRATEGIC PARTNERSHIP NEGOTIATIONS WITH MUNICIPAL UTILITY DISTRICT NO. 6. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:40 p.m. COUNCIL ACTION — REGARDING STRATEGIC PARTNERSHIP NEGOTIATIONS WITH MUNICIPAL UTILITY DISTRICT NO. 6. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:41 p.m. Page 11 of 12 — 11/23/2009 Minutes approved as submitted and/or corrected this the 14th day of December, A.D., 2009. ci u -C Tom Reid Mayor ATTEST: ``�4Q�,ARL,gy Sonia Webb Deputy City Secretary Page 12 of 12 — 11/23/2009