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2010-01-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 11, 2010, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:50 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; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; Matt Buchanan Executive Director of Economic Development Corporation; Johnny Spires Assistant Police Chief; Ed Grossenheider Building Maintenance Superintendent and John Walters Urban Forester. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Assistant City Manager Jon Branson. MAYOR'S ACTIVITY REPORT Mayor Reid reported January 4, he attended the City of Pearland Agenda Meeting and the City Council Workshop; January 5, attended the Eyes of Pearland Meeting; January 6-8, attended the TxDOT Fifth Annual Transportation Forum; January 9, attended the City of Pearland Winterfest; January 11, attended the Pearland Independent School District Education Improvement Committee Meeting. Mayor Reid and City Manager Bill Eisen presented EMS Operations Director Jeff Sundseth with a Certificate of Recognition for his Certification as Chief Medical Officer by the Commission on Professional Credentialing from the Center for Public Safety Excellence. Mr. Sundseth is one of 50 individuals worldwide to receive this designation which is based on his achievements in education, leadership and management skills. Page 1 of 9 — 1/11/2010 Mayor Reid and City Manager Bill Eisen presented a proclamation to Director of Parks and Recreation Michelle Smith, Parks and Building Maintenance Superintendent Ed Grossenheider and Urban Forester John Walters proclaiming January 16, 2010 as Arbor Day. COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended City of Pearland WinterFest. Councilmembers Sherman and Saboe passed on giving a report. Mayor Pro -Tem Kyle stated she attended the Grand Opening for the Census Office for the Ft. Bend County Area. She stated the Census is very important to the City for many reasons and encouraged everyone to get involved by filling out the form and submitting it back to them. She also attended the City of Pearland Christmas Party. Councilmember Cole urged everyone to participate and fill out the Census questionnaire which is small and can be completed very quickly. He attended the TxDOT Fifth Annual Transportation Forum in Austin. CITY MANAGER'S REPORT City Manager Bill Eisen introduced a new member of the City of Pearland Staff, Executive Director of the Economic Development Corporation Matt Buchanan. Mr. Eisen welcomed him to the City of Pearland. CITIZENS David Lee, 2504 Longwood, addressed Council and stated he and his neighbors want to voice their concerns regarding overall conditions of Longwood Drive, which he listed as safety, the amount and kind of traffic, and sewer and drainage issues. He stated he has gathered signatures on a petition to see some positive changes made. Mr. Lee provided Council with written specific information on the issues and his concerns. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the December 14, 2009, Regular Meeting held at 7:00 p.m. 2. Minutes of the December 14, 2009, Regular Meeting held at 7:30 p.m. 3. Minutes of the January 4, 2010 Special Meeting held at 6:30 p.m. Page 2 of 9 — 1/11/2010 B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER WOODY OWENS ABSENCE FROM THE DECEMBER 14, 2009 REGULAR MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-1 — A RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through C 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 COUNCIL ACTION — REMOVE FROM THE TABLE RESOLUTION NO. R2009-201. City Council. Councilmember Sherman made the motion, seconded by Councilmember Owens, to remove Resolution No. R2009-201 from the table. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-201 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE KIRBY RAIL ROUTE AS THE PREFERRED PASSENGER ROUTE IN SOUTHERN HARRIS COUNTY AND WITHIN THE CITY LIMITS OF PEARLAND. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-201. Page 3 of 9 — 1/11/2010 City Manager Bill Eisen stated this item was presented at a previous meeting and Council recommended several word changes to the document to better articulate the City's desires regarding the Kirby Rail Route. Those changes have been made as recommended. Assistant City Manager Jon Branson stated the last time Council considered this, the very same day Channel 11 did a news article on the action taken by Council. It is in line with what Council is trying to do to get the word out to the various communities. Councilmember Owens stated the City has been working with other entities for several years getting information out regarding the future rail system. This good option will benefit everyone in the area including government agencies, Metro and citizens by the high probability of alleviating a tremendous amount of traffic on SH 288. Councilmember Cole stated we can work to help with our partners to the north in setting a tone for this SH 288 corridor; one that we will all be very proud of one day when it is all built out if the City plans it properly. Hopefully, Council can have some influence verbally with what happens to the north of the City. We cannot plan it because it is out of our jurisdiction. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR TRAFFIC SIGNALIZATION SERVICES ASSOCIATED WITH THE BARRY ROSE EXTENSION PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-2. City Manager Bill Eisen stated this item is for the installation of a traffic signal at the intersection of Barry Rose Road and Pearland Parkway. This is the result of a warrant study which determined that the signal at the location is warranted. The low bid on the project was submitted by Statewide Traffic Signal Company in the amount of $164,359.00. The City received two letters — one urging the Resolution be signed and one urging it not be signed. Mayor Reid stated the City cannot arbitrarily put lights and stop signals wherever it wants to. The City has to follow what the state ordinance requires. A warrant process defines intersections where you can install stop signs. Page 4 of 9 — 1/11/2010 Discussion ensued with Council, City Engineer Narciso Lira and Project Director Trent Epperson. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-3. City Manager Bill Eisen stated this agreement relates to an amendment to the existing interlocal agreement with Brazoria County associated with the extension of McHard Road from its existing terminus to Cullen Parkway. This particular amendment relates specifically to sound walls. Earlier a noise study was done. The result of the study was, using TxDOT standards, certain locations along the south side of the road did show the sound barrier was warranted but on the north side they were not. City Council voted to fund the noise walls on the south side of the project. Council asked that we approach Brazoria County with a request to fund the location that was studied on the north side to see if they would fund the noise barrier. The Brazoria County Commissioners' Court has considered the previous agreement and voted to amend the agreement to reflect the changes. If Council votes to adopt the amendment to the agreement, the sound walls on the both sides would move ahead. Councilmember Owens stated the need is there today and he is glad to see Brazoria County come in to help contribute more than they were in the beginning. He appreciates staff working with Brazoria County and getting that worked out. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 5 of 9 — 1/11/2010 FIRST 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; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1406-1 on its first reading. City Manager Bill Eisen stated under certain circumstances, state and federal statutes allow police entities that are involved in making certain kinds of criminal arrests to seize property either used in criminal activity or acquired with the proceeds of the crime. Statutes require that those funds be formally budgeted and that Council adopts the budget for the use of those funds which were approved with the fiscal year 2009-2010 budget. Since then, there has been some pretty significant activity resulting in more funds being available in each budget area. Council is being asked to consider the amendments to those two funds to reflect those additional revenues that have come in because of police activity. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 569-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, ALARM SYSTEMS, CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN RESPONDING TO EXCESSIVE FALSE FIRE ALARMS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. J.C. Doyle, Chief of Police. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Ordinance No. 569-3 on its first reading. After discussion, this item was tabled. Councilmember Saboe made the motion, seconded by Councilmember Owens, to table Ordinance No. 569-3 on its first reading for further review. Voting "Aye" Councilmembers Owens, Kyle, Saboe, and Cole. Page 6 of 9 — 1/11/2010 Voting "No" Councilmember Sherman. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2010-4 — A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2011. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-4. City Manager Bill Eisen stated this relates to a Resolution supporting additional funding for the Clear Creek Project. The action taken previously was the result of a request from the local drainage district. This particular one's wording is identical to the one being considered in other cities in the Clear Creek Watershed. It has been requested as part of an organized effort of the Clear Creek Steering Committee to advocate this year for funding for continuation of the project. This is not in contradiction to previous action taken; it is a supplement to that by a different group also advocating for the same thing. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1390 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (FM 2234 BETWEEN SH 288 AND FM 521), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Ordinance No. 1390 on its first reading. City Manager Bill Eisen stated the City received an indication from TxDOT that they intend to move ahead with the widening of FM 2234 or Shadow Creek Parkway from FM 521 to SH 288 and they expect to let that contract in the spring of this year. In preparation for that, TxDOT has requested that City Council pass an ordinance establishing a speed limit of 45 mph for the entire length of that project. That speed limit would remain in effect for the entire period of construction which TxDOT anticipates will be approximately eighteen months. Page 7 of 9 —1/11/2010 Councilmember Cole asked when will the speed limit change start; and if it will start with construction. City Manager Bill Eisen stated he believes it will have to start immediately upon passage. Councilmember Cole stated it will take effect 10 days after publication. Councilmember Sherman asked, when we make a speed limit change reducing speed, is there some kind of grace period we give drivers or do we start ticketing them on day one City Manager Bill Eisen stated there is signage put up with flags informing the public. Assistant City Manager Mike Hodge stated the change is posted and identified. Discussion ensued between Council and Assistant City Manager Mike Hodge. Voting "Aye" Councilmembers Owens, Kyle, Saboe, and Cole. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. Mayor Reid recessed the Regular Council Meeting at 8:50 p.m. to complete the previously held workshop. Mayor Reid called the meeting back to order at 9:57 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:57 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. Mayor Tom Reid. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. Page 8 of 9 — 1/11/2010 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:47 p.m. COUNCIL ACTION — REGARDING APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:48 p.m. Minutes approved as submitted and/or corrected this the 25th day of January, A.D., 2010. ATTEST: OYyt, Tom Reid Mayor Page 9 of 9 — 1/11/2010 THIS PAGE LEFT BLANK INTENTIONALLY