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2010-03-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MARCH 8, 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 7:37 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; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Director of Finance; Michelle Smith Director of Parks and Recreation; Angela Gantuah Senior Planner and Bob Pearce Purchasing Officer. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported February 9, he joined Assistant Director of the Pearland Economic Development Commission Ramon Lozano to visit Dr. Emil Pena Executive Director of the Energy & Environmental Systems Institute of Rice University; February 10, attended the Adult Reading Center Board of Directors Meeting, and presented a Proclamation for Pearland State Bank for their 50th Anniversary; February 11 — 14, attended the Texas Mayor's Association Annual Meeting in EI Paso; February 15 attended the Agenda Meeting, the Pearland Independent School District Education Improvement District Meeting, and the Council Workshop and Special Meeting; February 16, attended the Houston Galveston Area Council Board of Directors Meeting and the Republican Women's Quarterly Meeting; February 17, joined Assistant City Manager Jon Branson for the BayTran Meeting for Speaker Congressman Pete Olson and the Brazoria County Cities Association Meeting; February 18, presented the Mayor's Annual State of the City, attended the Gulf Coast Water Authority Board of Directors Meeting, and presented a Certificate to City of Friendswood retiring City Secretary Delores McKenzie; February 19, attended the Keep Pearland Beautiful Group Photo at the Recycle Center and the Shriners Photo for IHOP Pancake Breakfast; February 20 — 23, attended the National Association Regional Council at Washington, D.C.; March 1, attended the Agenda Meeting; March 3, joined Assistant City Manager Jon Branson for Page 1 of 10 — 3/8/2010 the BayTran State of the Counties Luncheon; March 6, attended Scout Troop 464 Pancake Dinner; March 8, attended the Regular City Council Meeting. Mayor Reid, City Manager Bill Eisen and Director of Finance Claire Bogard presented a Certificate of Achievement to Municipal Court Administrator Pat Riffel for graduating from the Institute for Court Management and the successful completion of the professional requirements to become qualified as a Certified Court Manager. She is one of only thirty people achieving this certification in Texas. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended Pearland Day in Austin where approximately eighty people from Pearland attended. Councilmember Sherman reported he attended Pearland Day in Austin. He commended President Carol Artz and her Staff of the Chamber of Commerce for putting together a really good program in Austin. On February 23rd, he attended one of the Shadow Creek Ranch Home Owners Association Meetings. On February 24th, he attended a meeting of the City of Pearland/Brazoria County Library Committee where they narrowed down some short and long term solutions which will be brought to Council in the next few weeks. He reported he spent some time at the City Jail to see the results of the warrant round up. Mayor Pro -Tem Kyle reported she participated in the Race Against Violence 5K Run for the Houston Area Women's Center which was a very successful fund raising event. She reported she and Councilmember Saboe will be attending a meeting in the near future on the Municipal Utility District No. 6 Annexation Plan. Councilmember Saboe reported the Adult Reading Center Red Hat Literacy Luncheon will be held on Thursday, March 25th. Everyone has an opportunity now to purchase tickets or make a contribution for a great organization, The Adult Reading Center, which is right here in Pearland. Councilmember Cole reported he attended Pearland Day in Austin. He attended a BayTran Luncheon last Wednesday where he heard the State of Harris, Galveston and Brazoria Counties' Judges speak on behalf of each respective County. He and a member of the Economic Development Corporation Staff attended a Prairie View A & M University Engineering School Luncheon where Judge Emmett spoke about the future and how we are going to fund transportation in the future. CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended Pearland Day in Austin. He commended the Chamber of Commerce on their preparation and presentation for the event. Later Page 2 of 10 — 3/8/2010 this week, Mayor Pro Tem Kyle, Executive Director of Economic Development Corporation Matt Buchanan, City Manager Bill Eisen and Jeff Brennan from the Brazoria Drainage District No. 4 will be in Washington to talk with the Corps of Engineers regarding the current status of the Clear Creek Project. They will also have the opportunity to talk with elected officials and their staff regarding some other issues that are on the front burner right now. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 18, 2010, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the February 15, 2010, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the February 15, 2010, Special Meeting held at 7:00 p.m. 4. Minutes of the February 22, 2010, Regular Meeting held at 7:30 p.m. 5. Minutes of the March 1, 2010, Special Meeting held at 8:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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; PROVID- ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. J. C. Doyle, Chief of Police. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR TOM REID'S ABSENCE FROM THE FEBRUARY 22, 2010, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM FELICIA KYLE'S ABSENCE FROM THE FEBRUARY 22, 2010, REGULAR COUNCIL MEETING. City Council. Page 3 of 10 — 3/8/2010 E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1413 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY 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. Councilmember Owens asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through E with the exception of Item B, 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 Councilmember Owens Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 569-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 11, 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 Page 4 of 10 — 3/8/2010 RESPONDING TO EXCESSIVE FALSE ALARMS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. J. C. Doyle, Chief of Police. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 569-3 on its Second and Final Reading. City Manager Bill Eisen stated this item is the second reading of an Ordinance establishing a new fee structure for false alarms for either burglar or fire alarms. He stated this item has been the result of prior Workshops and discussions. Councilmember Owens stated he has had several calls from residents. He wished to clarify that if people do not sign up and have a permit, the Police and Fire Departments will still come out. He would like the Police Chief to reiterate this point. Chief J.C. Doyle stated the City will always come out regardless of the status of a permit. The City will not ignore any alarm of any kind. Councilmember Owens asked, if someone signs up late, can they still get their permit and is it good until that date the following year. Police Chief J.C. Doyle stated the time period is from either when you apply and come in to get the permit or when you renew; it's one year from that date. Councilmember Cole stated it is an annual permit which you have to renew, but if you have no false alarms, there is no recurring permit fee. Police Chief J.0 Doyle stated if citizens have two or less billable alarms, they are exempted from the renewal fee. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2010-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MCHARD ROAD PROJECT (SOUND WALLS). Mr. Trent Epperson, Project Director. Page 5 of 10 — 3/8/2010 Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-32. City Manager Bill Eisen stated, as a result of prior discussions and a contract entered into with the Brazoria County in which they will pay for several sound walls which were not previously warranted, it is now necessary to move ahead with the installation of those walls. The first step in that process is the actual design of the sound walls which will be done with some input at certain key times from residents of that area. The contract is with HDR/Claunch & Miller Inc. which is the engineering firm doing the design on the roadway and provides for a design fee of $85,680.00 Councilmember Sherman stated, he thought it was decided to go beyond what the sound study required. He asked if this new study is going to pull back from that. Project Director Trent Epperson stated the project stays within the requirement of the sound study which was an eight foot reflective barrier. Councilmember Owens asked if the City is going to be providing the inspection services for the project. Project Director Trent Epperson stated, the City has a Construction Manager and he will potentially do some of the inspection on the roadway project on the east end while they are already out there. If that does not work out, we would work with our Engineering Department to do the inspections. Councilmember Owens stated, one of the first tasks is the Project Kick Off In House Meeting and asked if this process would involve any City personnel. The amount included in the contract is $1200. He asked, is that just for HDR personnel to sit down and discuss the project before it starts. Matt Hanks, HDR, stated the Kick Off in House Meeting is generally something done at their company to develop the team that will be working on the project, review all the documents and brainstorm to make sure everyone is on the same page. City Staff is welcome to attend. Discussion ensued between City Council and Matt Hanks, HDR, Representative for MUD No. 6. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 6 of 10 — 3/8/2010 COUNCIL ACTION — RESOLUTION NO. R2010-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $2,555,000 UNLIMITED TAX REFUNDING BONDS, SERIES 2010. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-34. Darrin Coker, City Attorney stated, Brazoria County Municipal Utility District No. 6 is seeking the Council's consent to proceed with the refunding of the District's Series 2000 Bonds to try to save their tax payers some money. It would save them $186,000 by reissuing the debt and getting a lower interest rate. Discussion ensued between Council and Eugene Shepherd, RBC Capital Markets. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING STAFF TO PREPARE SERVICE PLANS FOR THE PROPOSED ANNEXATION OF CERTAIN AREAS LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION. Ms. Lata Krishnarao, Planning Director. Councilmember Saboe made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-35. City Manager Bill Eisen stated the Planning and Zoning Commission has done a fairly extensive review over the past number of months, not only of the land use plan, but also looked at some areas currently outside the city limits which they had suggested Council consider for annexation. Council is being asked to review the specific locations identified. If the action is taken by the Council with regard to all or any of the locations, this would kick off a process of doing some of the things required by State Law to consider possible annexation at some future point. If the annexation process is initiated, there will also be an opportunity with advertising and notice in advance for two Public Hearings. Michael Grygier, 16731 CR 127, addressed Council and expressed his concern with Area 6 which includes the airport. He stated he has met with the Planning & Zoning Page 7 of 10 — 3/8/2010 Department and had quite a bit of discussion with them. Before the City begins annexing the airport and rezoning the area around the airport he thinks the City needs to consider the impact of those decisions to the existing neighborhoods around that airport. Mr. Grygier continued to provide information regarding possible negative results of the proposed annexation plan. Lance Pledger 16803 CR 127, addressed Council and stated he agrees with the statements made by Mr. Grygier and he is concerned about the proposed annexation plan regarding the airport area. It appears to him that the airport is not viable economically and the proposed plan will shift the burden of the airport onto the tax payers of Pearland. Planning Director Lata Krisnarao provided a detailed review of the proposed annexation plan. Councilmember Saboe stated nowhere in this process has Council expressed an intention to move forward with the acquisition of the airport. We are trying to make sure that whatever happens here, the way the airport develops, with or without the City's involvement, and right now there is no planned involvement, is still within our control. We want the ability to zone those areas properly in such a way that it takes a shape that is commensurate with the our future land use plan in that area. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Planning Director Lata Krishnarao. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE A FIRE TRUCK. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-31. City Manager Bill Eisen stated this action is for the purchase of a fire pumper truck which would replace an existing American LaFrance 1978 model. The Department will use the current vehicle for training exercises only at the training field. This piece of equipment would be housed at Fire Station No. 2 on McLean Road. Page 8 of 10 — 3/8/2010 City Manager Bill Eisen introduced Assistant Fire Chief Dave Snyder who has been selected by the volunteers for the leadership position along with Fire Chief Jack Colbath. Mark Campesi, a member of the paid staff was also present. City Manager Bill Eisen stated he appreciates them being there. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. . COUNCIL ACTION — RESOLUTION NO. R2010-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT ("AGREEMENT') WITH THE BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY (BNSF"). Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-33. City Manager Bill Eisen stated this item relates to some improvements along the railroad tracks where it crosses Walnut Street. The City is currently in the design phase of widening Walnut Street and the project involves some improvement to the railway in the area. The proposed contract will require the City to pay BNSF Railroad $247,080 for the required railway improvements. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-36. City Manager Bill Eisen stated, within the past few years, the Tropical Storm Allison Recovery Project has been completed by the Harris County Flood Control District. Harris County Flood Control District will be the custodian of the modeling that was done to make the determination of where the new flood zone lines will be along all of the creeks in the County including Clear Creek. This Memorandum of Understanding Page 9 of 10 — 3/8/2010 acknowledges that the Harris County Flood Control District has custody and provides those models if needed. The Memorandum of Understanding also requires the Harris County Flood Control District to make sure those models remain updated for future use. Councilmember Saboe asked for clarification of how far south the bounds of control of the Harris County Flood Control District will extend. ' City Engineer Narciso Lira stated the authority of the Harris County Flood Control District is restricted to Harris County. Discussion ensued between Council, City Manager Bill Eisen, and City Engineer Narciso Lira. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:15 p.m. Minutes approved as submitted and/or corrected this the 22nd day of March, A.D., 2010. ATTEST: Tom Reid Mayor YoAg Lorf- T RMCI'a= Ci y ecre ry ��.4iliMHiN.N Nc Page 10 of 10 — 3/8/2010