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2010-07-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 26, 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 7:33 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Ed Thompson City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Kyle Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Teresa Battenfield Assistant Project Director; Meg McNulty Utility Billing Services Supervisor. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 13, he joined Assistant City Manager Jon Branson for a Metro Park and Ride Meeting; July 14, attended the Adult Reading Center Board of Directors Meeting and spoke at Regus Ribbon Cutting and Open House; July 15 — 17, represented Pearland and the Houston -Galveston Area Council at the Texas Association of Regional Councils Statewide Meeting; July 18, presented a Proclamation at Rueben Fitzgerald's Retirement; July 19, attended the Agenda Meeting, met with the Adult Reading Center, the United Way and Council Planning & Zoning Public Hearings; July 20, attended the Houston -Galveston Area Council Board of Directors Meeting and spoke at the Manvel Park and Ride Public Hearings; July 21, welcomed the Brazoria County Cities Association to Pearland as the Host City; July 22, spoke and presented a Proclamation for the Brazoria County Drainage District No. 4 Ribbon Cutting, attended the Pearland Economic Development Corporation Monthly Board of Directors Meeting and welcomed attendees to the Houston -Galveston Area Council Park and Ride Public Hearing; July 23, attended the Houston -Galveston Area Council Transportation Policy Council Board of Directors Meeting; July 24, attended Congressman Pete Olson's Clear Lake Office Open House; July 25, joined Chamber of Commerce for Ribbon Cutting for Sakura Restaurant and spoke to the Senior Citizens at the Knapp Center. Page 1 of 10 — 7/26/2010 Mayor Reid and Councilmember Thompson presented the Pearland Lady Oilers Softball Team with a proclamation proclaiming July 26, 2010, at "State Championship Day." Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson presented the Employee of the Quarter Award to Cara Davis, Project Manager, Projects Department. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the Brazoria County Cities Association at the Hilton Garden Inn, which turned out to be a great event with good attendance. He stated August 7, 2010, the ribbon would be cut for the Recreation Center and Natatorium. The University of Houston Pearland Campus will have its ribbon cutting on August 14, 2010, and there are already three hundred people registered to attend the classes in the fall. He also attended the Pearland Chamber of Commerce Party -on -the - Patio. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Sherman reported he attended the Chamber of Commerce Dedication and had the honor of presenting a proclamation for "Chamber of Commerce Day." He attended the two Park and Ride Open House events and wanted to thank Assistant City Manager Jon Branson for answering the tough questions. He also attended the Brazoria County Cities Association, the Parks and Recreation Board Meeting, and the Pearland Economic Development Corporation Meeting. Councilmember Kyle was absent. Councilmember Thompson stated the Pearland Chamber of Commerce Event was the Grand Opening and the building itself is a testament to the talents of the people who participated in the remodeling. He attended the Walnut Street Project Meeting and was able to hear from some of the citizens that live along that road and their concerns. He attended the Brazoria County Cities Association, the Parks, Recreation, and Beautification Board Meeting, and the Park and Ride Open House event. CITY MANAGER'S REPORT City Manager Bill Eisen reported that he and Councilmember Owens attended a meeting that was requested by the management at Channel 13 News for the station to learn more about the Community, what is going on, and any potential opportunities for them. Page 2 of 10 — 7/26/2010 CITIZENS: Alma Nolen, 2106 Galveston Avenue, addressed Council and stated she feels it is very unfair that the City is charging landlords for the delinquent water bill of their renters. Ernest Mooney, 2527 San Antonio, addressed Council and stated he has a rental property that utilizes City water and he feels it is unreasonable for the City to hold landlords responsible for the delinquent water fees of renters. He stated he understands that someone has to pay the delinquent fees, but he does not feel it is the landlords responsibility. Reverend Barnett, 5402 Ryan Acres Drive, addressed Council and stated he is concerned about the fact that the water fees of renters are charged back to the landlords. He feels that if these renters submit a deposit to the City then the water needs to be disconnected when they are in excess of the amount deposited. The City should, at a minimum, provide the landlord with notice when the fees are delinquent. Bill Woody, 2517 San Antonio, addressed Council and stated he has addressed Council several times regarding the City of Pearland Water Department charging delinquent fees of renters to landlords. He was notified that he has liens against two of his properties for renters' water bills. He feels that the process of the Water Department for handling renters and their water bills is not fair and needs to be changed. Gordon Atkins, 2308 Eagles Way, addressed Council and stated he is concerned about the registration portion of Ordinance No. 569-3. He is not sure why he is being asked to register his alarm system and pay again when he has an existing alarm registration. Dale Howard, 1914 County Road 252, addressed Council and stated he is requesting a delay for the second Public Hearing and all subsequent Public Hearings for annexation Area No. 6 be delayed for three reasons. The first reason is that he received two different letters from the City regarding the zoning classification of his property and the information was different than what was presented on the City's website. He was informed at that time that he would not be mailed the correct letter, but he could obtain a copy at the City's Planning Department. The letter he received as the corrected letter stated his property would be zoned as Suburban Development or Light Industrial M-1. The website did not indicate any property zoned as Suburban Development. The letters did not state that the meetings for the annexation of properties located in area six would be postponed the twenty-two days it had taken to receive the correct information. He has spoken to other property owners that have not received the correct letter regarding the zoning of their property. He stated there is major confusion regarding the annexation of Area No. 6 and this needs to be addressed to give the residents more time to address their concerns. DOCKETED PUBLIC HEARING: None Page 3 of 10 — 7/26/2010 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:. 1. Minutes of the July 12, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1424 — 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 Attomey. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1425 — 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 AND 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. Page 4 of 10 — 7/26/2010 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CULLEN LIFT STATION. Mr. Danny Cameron, Director of Public Works. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-42 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT APPROXIMATELY 4.9990 ACRE TRACT OF LAND BEING THE NORTH ONE-HALF OF LOT 3 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURB GARDENS SUBDIVISION OF SECTION 19, H.T. & B.R.R. CO. SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS, BRAZORIA COUNTY, TEXAS. GENERALLY LOCATED AT:1855 CULLEN BLVD SUITE 304, PEARLAND, TEXAS. (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-05) TO ALLOW A HEALTH CLUB/GYM THAT IS LOCATED IN THE CULLEN-MIXED USE (C -MU) ZONING DISTRICT AT THE REQUEST OF SHAWN MCDONALD, APPLICANT, ON BEHALF OF ALLISON INVESTMENTS LLC., 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA: None. Page 5 of 10 — 7/26/2010 NEW BUSINESS: COUNCIL ACTION -- RESOLUTION NO. R2010-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CITY'S 30 -INCH WATERLINE INTERCONNECT. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. 82010-98 as amended. City Manager BIII Eisen stated this item relates to the connection to the City of Houston Water System. This will allow the City to access water from the Southeast Water Purification Plant. The amount of the award left out funds for option Alternate No. 1 which will add $28,365 to the total amount. This amount will be paid by Profax, Inc. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens to amend Resolution No. R2010-98 to add $28,365 to the total amount. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC (CENTERPOINT) FOR AUTHORITY TO CHANGE RATES AND ADOPT CERTAIN RATE RIDERS; AUTHORIZING THE CITY TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS TEXAS COAST UTILITIES COALITION OF CITIES (TCUC); AUTHORIZING THE CITY'S INTERVENTION 1N PUC DOCKET NO. 38339 AND ANY RELATED PROCEEDINGS AS PART OF TCUC; AUTHORIZING THE HIRING OF COUNSEL AND EXPERTS THROUGH TCUC; REQUIRING THE REIMBURSEMENT OF COSTS; DETERMINING THAT THE MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Page 6 of 10 — 7/26/2010 Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-97. City Attorney Darrin Coker stated the next three business items are all related Centerpoint Energy. Resolution No. R2010-97 pertains to a rate increase filed by Centerpoint Energy for the retail side of their business. The Resolution presented authorizes the City to participate in the same coalition as previously utilized to challenge increases requested by Centerpoint Energy, Resolution 2010-101 is also related to the electric increase and authorizes the City to suspend the rate increase that would take affect August 6, 2010 for ninety days. Ordinance No. 1426 pertains to the City's denial of an increase for the natural gas related services provided by Centerpoint Energy that was already denied by the Travis County Court. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. FIRST READING OF ORDINANCE NO. 1426 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVIEWING THE RATE INCREASE REQUEST OF CENTERPOINT ENERGY ENTEX; DENYING THE REQUESTED INCREASE IN RATES; ORDERING THAT NO CHANGE IN RATES OCCUR; ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED HERETO; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Darrin Coker, City Attorney. Councilmember Thompson made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1426 on its first reading. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-101 -- A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, ("CITY") RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC (CENTERPOINT) FOR AUTHORITY TO CHANGE RATES AND ADOPT CERTAIN RATE RIDERS; SUSPENDING CENTERPOINT'S PROPOSED EFFECTIVE DATE; DETERMINING Page 7 of 10 — 7/26/2010 THAT THE MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No, R2010-101. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-100. City Manager Bill Eisen stated John Hargrove is a former City Engineer that retired and has provided consulting services through an annual contract. The proposed contract is a continuation of the previous contract. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, Councilmember Kyle absent. COUNCIL ACTION — REGARDING SCHEDULING A REGULAR CITY COUNCIL MEETING TO BE HELD ON THE WEST SIDE OF PEARLAND. City Council. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to discuss scheduling a Regular City Council Meeting to be held on the west side of Pearland. City Manager Bill Eisen stated this item was requested by two Councilmembers. The potential location for the meeting would be at the Public Safety Building. Councilmember Owens stated he would like to conduct the meeting between Council and the Brazoria County Commissioners Court at the Mary Burks Marek Elementary School to allow more access to the citizens who reside on the west side of the City. Page 8 of 10 — 7/26/2010 Mayor Reid stated they have had meetings at school buildings before and they have been successful. Mayor Pro -Tem Sherman stated he does not have an issue with having a quarterly Council Meeting held at the Public Safety Building; however, he further stated he would like to see the joint meetings held with Council and other entities such as the Brazoria County Commissioners Court and Pearland Independent School District held on the west side of town. He would like to see a meeting scheduled on the west side of the City within the next two months. After discussion no action was taken by Council. COUNCIL ACTION — REGARDING THE SCHEDULING OF A JOINT WORKSHOP WITH BRAZORIA COUNTY COMMISSIONERS' COURT, BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4, ALVIN INDEPENDENT SCHOOL DISTRICT, AND PEARLAND INDEPENDENT SCHOOL DISTRICT. City Council. Councilmember Thompson made the motion, seconded by Mayor Pro -Tem Sherman, to discuss scheduling of a joint workshop with Brazoria County Commissioners' Court, Brazoria County Drainage District No. 4, Alvin Independent School District, and Pearland Independent School District. Councilmember Owens stated the City is interrelated with many of the other governmental entities and it would be a good idea to establish periodic meetings to discuss current projects and any other topic that needs to be addressed. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Jon Branson regarding potential Agenda Items for the meetings. After the discussion no action was taken by Council. ADJOURNMENT Meeting was adjourned at 8:53 p.m. Page 9 of 10 — 712612010 Minutes approved as submitted and/or corrected this the 91h day of August, A. D,, 2010. ATTEST: 1Secre6 Tom Reid Mayor Page 10 of 10 — 7/26/2010