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2010-02-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 22, 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 7:32 p.m. with the following present: Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Woody Owens Scott Sherman Steve Saboe Kevin Cole Bill Eisen Darrin Coker Young Lorfing Absent Mayor Tom Reid and Mayor Pro -Tem Felicia Kyle. Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Danny Cameron Public Works Director; J.C. Doyle Police Chief; Roland Garcia Fire Marshal; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Kennedy Robinson, Alyssa Lockett, Avrey Lockett, Kristan Pryer and Aerial Lockett from Jack & Jill of America — South Belt Chapter. MAYOR'S ACTIVITY REPORT Mayor Reid was absent. Councilmember Owens, City Manager Bill Eisen, and Assistant City Manager Jon Branson presented the Texas Public Works Association's "In -House Project of the Year Award" to the Public Works Department. In attendance to accept the award were Public Works Director Danny Cameron, Assistant Public Works Director Jennifer Phan, Assistant City Engineer Andrea Broughton, Streets Supervisor Joe Arzola, Drainage Supervisor Junior Barrera, Streets and Drainage Superintendent Norberto Gonzalez and W & S Construction and Maintenance Superintendent Les Saberniak. Councilmember Owens and City Manager Bill Eisen presented a Proclamation for the Rotary Club International's 105 Year Anniversary to Mike Chance, Rotarian. Page 1 of 12 — 2/22/2010 COUNCIL ACTIVITY REPORTS Councilmember Owens reported he will be attending Pearland Day in Austin on February 25th. He attended the Brazoria County Alliance Meeting on February 17th hosted by Iowa Colony and the Mayor's State of the City Address on February 18. Councilmember Sherman reported he attended the State of the City address on February 18. He attended Judge Emmett's State of the County for Harris County on February 11 and on February 12 attended the Chamber of Commerce Business Before Hours Meeting where the City of Pearland Planning Department presented the City's Land Use Plan. Mayor Pro -Tem Kyle was absent. Councilmember Saboe reported the Neighborhood Center is honoring members of their clientele who completed the English Second Language Course at 4:00 P.M. on March 25, at Lawhon Elementary School. Councilmember Cole attended the Mayor's State of the City address on February 18 and Judge Ed Emmett's State of the County for Harris County on February 11. He attended the Chamber of Commerce Business Before Hours Meeting. As a member of the Northern Brazoria Education Alliance he had the opportunity to tour the Houston Community College Coleman College medical related building. He stated he was very impressed with the facility. He also attended a reception hosted by Congressman Pete Olson for all the 2010 Service Academy Nominees for District 22 . CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended the Annual State of the City Address and wanted to acknowledge Assistant City Manager Jon Branson, Public Affairs Manager Mattie Culver and Public and Web Cable Administrator Debbie Schielke for their participation in the preparation of the State of the City Address. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 1, 2010, Special Meeting held at 6:00 p.m. 2. Minutes of the February 8, 2010, Regular Meeting held at 7:30 p.m. Page 2 of 12 — 2/22/2010 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1012-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS, PROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF DIGITAL MOBILE RADIOS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-37 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 8.870 ACRES (386,368 SQUARE FEET) MORE OR LESS BEING THAT SAME CERTAIN TRACT CONVEYED FROM EASTGROUP-LNH CORPORATION TO PALMS PROPERTIES. L.L.C. AS RECORDED IN FILE NO. 96-021151, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, SAME BEING OUT OF LOT 20, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID 8.870 ACRE TRACT BEING SITUATED IN THE H.T. & B. R.R. CO. SURVEY, SECTION 85, ABSTRACT NO. 304, IN BRAZORIA COUNTY. TEXAS, (LOCATED AT 2850 WOOTEN RD., PEARLAND TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-19, TO ALLOW THE CO - LOCATION OF A CELLULAR ANTENNA IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT, AT THE REQUEST OF CLEAR WIRELESS, LLC, APPLICANT FOR PMSV BROADWAY WEST STORAGE, 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 Page 3 of 12 — 2/22/2010 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 Sherman made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Saboe, Owens, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 569-3. City Council. Councilmember Saboe made the motion, seconded by Councilmember Cole, to remove Ordinance No. 569-3 from the table. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. 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 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 Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 569-3 on its first reading as amended. City Manager Bill Eisen stated this item was discussed at a Workshop several weeks ago and questions were raised by members of the City Council. A memo provided by Page 4 of 12 — 2/22/2010 Police Chief J. C. Doyle responds to those questions and concerns that were raised. He stated there is one other possibility relative to the annual fee to discuss. Police Chief J. C Doyle stated there is an interesting proposition regarding annual fees he included in the last paragraph of his memo. Cry Wolf Software is currently set up so zero false alarms during the year can be rewarded with no permit renewal fee. Cry Wolf has agreed, for a slight fee, to change that option to two or fewer billable alarms throughout the year would equal out to no billable fee. It puts the permit holder in control of whether they ever pay another annual renewal fee. It will be up to Council to either choose zero or two; he would recommend two. City Manager Bill Eisen added, for clarification, an individual permit holder would still have to renew the permit every year to make sure the information is current. There would just not be a fee. Councilmember Cole asked if the software package sends out a notification to people. Police Chief JC Doyle stated, the software will send an electronic reminder and it will also be sent in the U.S.Mail. It can be renewed on line. Councilmember Saboe stated the differentiation between the fourth and fifth time is the fine paid. He asked if the software can distinguish that. Police Chief J. C. Doyle stated, the software has the ability to do that and the City has to verify it. Councilmember Sherman asked, are we going to require all residents to pay the fee now and then start the twelve-month clock or do we have the ability to look backward and see people who have had only two false alarms during the last twelve months and not charge them the fee. Police Chief JC Doyle stated he would rather start from day one. Discussion ensued between Council, Police Chief J. C. Doyle and City Manager Bill Eisen. Councilmember Saboe made the motion, seconded by Councilmember Sherman, to amend Ordinance No. 569-3 to modify Article Two Alarm Systems Chapter 20 of the City of Pearland Code of Ordinances to include within Section 20-27 a clause related to no permit fee being charged for all permit holders who have incurred two or fewer billable alarms during the permitted year. They would be exempt from the permit fee upon renewal after the first year. The second component in Section 20-32 is to make the effective date of enforcement of the new Ordinance May 1 of 2010. Page 5 of 12 — 2/22/2010 Voting "Aye" Councilmembers Cole, Saboe, Owens, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. Councilmember Owens called for a vote on the original motion as amended. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-22. City Manager Bill Eisen stated this is the formal approval of the contract for conducting a joint election using the Election Services Department of Brazoria County. This is for the General Election for officers as well as the Special Election related to the Amendment of the Charter. This agenda item includes only the authorization to enter into the agreement with Brazoria County to conduct the election and a deposit of $5,650 which is half the projected cost to be paid to the County to conduct the Election. Voting "Aye" Councilmembers Cole, Saboe, Owens and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-20. Page 6 of 12 — 2/22/2010 City Manager Bill Eisen stated this is something that the City does once a year as we have projects proceeding through their development and beginning construction phases when we know we are going to have a bond sale later in the year. These Resolutions of Intent to Reimburse give the City the opportunity to start those projects with existing cash on hand and then when the bonds are actually sold, reimburse the sources from which that cash came from so that those other operating funds of the City are replenished. This particular issue relates to General Obligation Bonds, Certificates of Obligation and Water and Sewer Revenue Bonds. Discussion ensued between Council and Finance Director Claire Bogard. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING USAGE AND MEMBERSHIP FEES FOR THE CITY'S RECREATION CENTER AND NATATORIUM. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-28 as amended and Resolution No. R2010-29. After discussion Resolution No: R2010-29 was tabled. John Lane, 3605 Canterbury Park Drive, Pearland, TX 77584, addressed Council and stated he is dissatisfied that he found out that our tax dollars are funding a Natatorium that should be enjoyed by all residents. It seems odd to him that City employees, that our tax dollars are also paying, get a discount that the rest of us do not. He stated, if he pays for something and the rest of the club members get something better than he does, that he paid into as well, it does not seem fair. He stated, it also leads him to believe that a certain percentage of people who work for the City will be able to enjoy this who don't live in the City of Pearland. He feels that if the City wants to provide such a program to its employees, they should try to give it to the businesses that are in the area as well who pay taxes. City Manager Bill Eisen stated there are two Resolutions. One Resolution sets the membership fees and price structures. The other Resolution addresses the employee discount. Some additional information has been provided as a result of questions raised by Council at the previous Workshop. Councilmember Owens stated Council will consider Resolution No. R2010-28 first. Page 7 of 12 — 2/22/2010 Discussion ensued with Council and Director of Parks and Recreation Michelle Smith and Assistant City Manager Jon Branson. Councilmember Owens called for a vote on Resolution R2010-28 Councilmember Cole made the motion, seconded by Councilmember Sherman, to amend Resolution No. R2010-28 based on leaving the current resident rates as shown establishing the non-resident rate at 150% of the resident rate and the four daily charges also establishing a non-resident rate of 150% of the resident rate. Voting "Aye" Councilmembers Cole, Saboe, Owens and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. Councilmember Owens called for a vote on Resolution No. R2010-28 as amended. Voting "Aye" Councilmembers Cole, Saboe, Owens and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A DISCOUNT FOR CITY OF PEARLAND EMPLOYEES ON FEES FOR PROGRAMS AND MEMBERSHIPS AT THE CITY'S RECREATION CENTER AND NATATORIUM. Ms. Michelle Smith, Director of Parks and Recreation. City Manager Bill Eisen stated this issue was discussed at a prior Workshop. The issue was potentially offering employees of the City a discount for membership for the two facilities. There were some questions raised at that time pertaining to what percent of City employees are City residents. Some additional requested information has been compiled and is in the documentation provided. Discussion ensued between Council and Director of Parks and Recreation Michelle Smith. Councilmember Sherman made the motion, seconded by Councilmember Cole, to table Resolution No. R2010-29 for further research regarding a wellness program that may allow for an employee discount. Voting "Aye" Councilmembers Cole, Owens and Sherman. Voting "No" Councilmember Saboe. Page 8 of 12 — 2/22/2010 Motion Passed 3 to 1, with Mayor Pro -Tem Kyle absent. Parks and Recreation Director Michelle Smith introduced the Parks and Recreation new Marketing Director Shawn Mosley. COUNCIL ACTION — RESOLUTION NO. R2010-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ARCHITECTURAL SERVICES AGREEMENT ASSOCIATED WITH THE EXISTING PD FACILITY. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-23. City Manager Bill Eisen stated this item is related to the current Police Department facility which will be vacated when they move to the new location in a couple months. The City is proposing to hire HBL Architects at a fee of $148,750 to provide architectural services associated with the redesign of that existing facility so it can accommodate other City Departments. Councilmember Saboe asked about the City's expectations for the facility. He asked if our amount budgeted number still aligned with what we want to do there and the benefit that we will get out of spending that much money for this facility. City Manager Bill Eisen stated we have 20,000 feet with the numbers we are looking at in terms of renovation. That strikes him as very reasonable if you compare it to the cost of going out and acquiring another facility. His opinion is that the building is much more suited to a government building than a commercial office building. Discussion ensued with Council and Project Director Trent Epperson regarding the budget for the project. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. Page 9 of 12 — 2/22/2010 Councilmember Sherman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-24. City Manager Bill Eisen stated this is a proposed agreement with TEPPCo Crude Pipeline, LLC. It involves a pipe line which is in conflict with the planned improvements to Bailey Road. Negotiations have occurred between the Project Department and the company with regard to cost sharing of relocation of that line; the conclusion being that the City would pay two thirds of the cost $237,214.48. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-26 — 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 THE CITY OF ALVIN, THE CITY OF LEAGUE CITY, ALVIN INDEPENDENT SCHOOL DISTRICT, AND ALVIN COMMUNITY COLLEGE FOR CREATION OF A JOINT POLICE SWAT TEAM. Mr. J.C. Doyle, Police Chief. Councilmember Saboe made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-26. City Manager Bill Eisen stated the SWAT team has existed for a number of years which has been a partnership between the City of Pearland, City of Alvin and the City of League City. Over the past few years Alvin has brought in, to supplement the manpower that they are able to put into the program, Alvin Independent School District and the Alvin Community College Police Departments. This agreement formally makes them parties to the agreement rather than to have them piggy -backing off the City of Alvin. Voting "Aye" Councilmembers Cole, Saboe, Owens, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING ALVIN COMMUNITY COLLEGE, HOUSTON COMMUNITY COLLEGE, AND SAN JACINTO COLLEGE TO ENTER INTO A COOPERATIVE AGREEMENT TO PROVIDE JOB TRAINING IN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. Page 10 of 12 — 2/22/2010 Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-30. City Manager Bill Eisen stated the Northern Brazoria Educational Alliance has developed new goals for the upcoming year. One of those goals is to try to find a way to produce a cooperative agreement between the three community colleges that serve this area with the idea that those community colleges could work together to all offer job training programs within the City depending upon the relative strengths of the three organizations. The Alliance has asked that the City assist them with inviting those three entities to meet together to discuss that possibility. This Resolution is urging each of those three entities to participate. Councilmember Cole stated the Northern Brazoria Educational Alliance is an extension of the Pearland Economic Development Corporation as well as the City for job training work force development. During the past two years their real strength is being a conduit. The Alliance is industry driven first. If you own a company and you need work force development or training, you don't know which college to reach out to. The biggest problem is that if one community college cannot do something, and we need to reach out to another to bring them in, it is a time drag in getting the parent community college to sign off in a timely manner. Part of what we want to do is to bring the three community colleges together in a strategic format to come up with a strategic initiative that they will have 10 days or 20 days or 5 days to turn a request around and how we can get all of these to work together. Voting "Aye" Councilmembers Sherman, Owens, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE EXPENDITURE OF HOTEL/MOTEL TAX REVENUES TO ESTABLISH A GRANT PROGRAM TO SUPPORT CULTURAL AND FINE ARTS PROGRAMS IN THE CITY. Mr. Jon Branson, Assistant City Manager. This item was passed with no Council action taken. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:37 p.m. to discuss the following: Page 11 of 12 — 2/22/2010 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — DISCUSSION REGARDING LABOR ISSUES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:53 p.m. COUNCIL ACTION — REGARDING LABOR ISSUES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:54 p.m. Minutes approved as submitted and/or corrected this the 8th day of March, A.D., 2010. ATTEST: 4.'� /I •L.� 1Sec`ry .:: -- =:). &: k' Tom Reid Mayor Page 12 of 12 — 2/22/2010