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2010-08-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 9, 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 Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Steve Saboe Felicia Kyle Ed Thompson Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Glenn Turner Director of Fire Services; Trent Epperson Project Director; Roland Garcia Fire Marshal; Bonita J. Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Teff Sundseth EMS Operations Director; Matt Buchanan Executive Director of Economic Development Corporation; David Whittaker Director of Inspection Services; Teresa Battenfield Assistant Project Director. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Assistant Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 27, he attended a meeting with Economic Development Corporation Director Matt Buchanan and San Jacinto College Chancellor Dr. Brenda Hellyer; July 28, attended the Houston Port Economic Alliance Board of Directors Meeting; July 30, joined State Representative Randy Weber for a meeting with the H -GAC at the Workforce Training Location and spoke at the Exchange Club Roast for State Representative Randy Weber; August 2, attended the Agenda Meeting and Council Workshops; August 3, he attended the Metro Park and Ride Workshop and the Natatorium VIP Open -House Tour; August 5, spoke at the PAF Realtor's Luncheon and the University of Houston Clear Lake Campus VIP Open -House Tour; August 7, presented a Proclamation for the Natatorium Dedication; August 8, presented a Certificate of Recognition to the New Peace Church Minister; August 9, attended the Pearland Independent School District Exemplary Status Recognition Event. Page 1 of 11 — 8/9/2010 Mayor Reid, Assistant City Manager Jon Branson, and Director of Parks and Recreation Michelle Smith presented Oscar Briones, Part -Time Ball Field Attendant, Parks and Recreation Department with the Part -Time Employee of the Quarter Award. Mayor Reid and Assistant City Manager Mike Hodge presented Planning Director Lata Krishnarao with a Certificate of Recognition for Participation in the 2010 Census. COUNCIL ACTIVITY REPORTS Councilmembers Owens and Sherman passed on giving a report. Councilmember Saboe stated he is pleased to see the Natatorium and University of Clear Lake Pearland Campus projects come to fruition. Councilmember Kyle stated she attended the Pearland Economic Development Corporation Meeting regarding their Budget and the Natatorium Grand Opening Event. She would like everyone to come out to support the Pearland Neighborhood Center for their Annual Gala which is their biggest fundraiser of the year. Councilmember Thompson stated the Natatorium project began in the early 1990's and it was great for him to be able to attend the Grand Opening. It shows the citizens of Pearland do not give up. CITY MANAGER'S REPORT City Manager Bill Eisen stated he wanted to recognize Project Manager Skipper Jones and Project Director Trent Epperson for their work on University of Houston Clear Lake Pearland Campus Project. He also wanted to thank Director of Parks and Recreation Michelle Smith, her Staff, and Project Director Andrea Brinkley for all the work they put in on the Natatorium Project. CITIZENS Officer Adam Carol, President of the Pearland Police Officers Association, addressed Council and stated most everyone present is there to support the Pearland Police Officers. He would like to address something that he feels is matter of fairness regarding the fact that City Manager does not believe it is fair for the Police Officers to receive a pay raise when other employees are not receiving an increase. The Police Officers Association does not view the Step Plan as a pay raise, but as a salary plan, a pay for experience, or a route for career -minded officers to evaluate their future earnings and make decisions to promote or specialize. The Step Plan will only affect 65% of all Police Officers. The City has stated that all Police Officers received a 4.5% pay raise last year; however, that is not a true statement. They are not being greedy or asking for additional money; they are simply asking that something not be taken away Page 2 of 11 — 8/912010 by the City Administration that has already been agreed to. Regarding the fairness issue, it may be time for the City Administration to realize that fairness is a relative term when dealing with different departments within the City. The Police Department has a pay grade system and other departments do not because it is an industry standard. The City Administration needs to consider what is fair for each department on an individual basis and not try to blanket all departments together. Officer Carol continued to provide a detailed argument against the City's proposal of eliminating Police Officer Step Pay increases from the 2011 Fiscal Year Budget. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 26, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 ENTER; 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, CityAttomey. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE JULY 26, 2010, REGULAR COUNCIL MEETING. City Council. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through C as presented on the Consent Agenda. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS Page 3 of 11 — 819/2010 FIRST READING OF ORDINANCE NO. 2000M-71 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING A TRACT OF LAND APPROXIMATELY 5.63 ACRES OF LAND OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION, AS RECORDED IN VOLUME 35, PAGE 241 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS AND A TRACT OF LAND CONTAINING 0.3247 ACRE (14,145 SQUARE FEET) BEING OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 35, PAGE 241 AND 242 OF THE BRAZORIA COUNTY DEED RECORDS (B.C.D.R.). SAID 0.3247 ACRE TRACT ALSO BEING PART OF A CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA COUNTY CLERK'S FILE NUMBER (B.C.C. F.) NO. 94-040206., (ZONE CHANGE APPLICATION NO. 2010-02Z), FROM SINGLE FAMILY RESIDENTIAL -1 (R-1), TO OFFICE PROFESSIONAL (OP), AT THE REQUEST OF CLAUDIA S. WRIGHT, APPLICANT, ON THE BEHALF OF GEORGE DAVID SCOTT, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000M-71 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2010-02Z. City Manager Bill Eisen stated this item is a zoning case regarding the rezoning of a piece of property located at the southwest corner of Pearland Parkway and McHard Road from Single Family Residential (R-1) to Office Professional (OP). The request was reviewed and recommended for approval by the Planning and Zoning Commission. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS PLACING ON THE AGENDAS OF SEPTEMBER 13, 2010 AND SEPTEMBER 27, 2010 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2010-2011 TAX RATE. Mr. Bili Eisen, City Manager. Page 4 of 11 — 8/9/2010 Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-102. After discussion no action taken by Council. City Manager Bill Eisen stated this item is related to setting the Agenda for which Council would consider adopting the effective tax rate for upcoming year. The tax rate as proposed in the budget does not exceed the effective tax rate as calculated under State Law. Discussion ensued between Council, City Manager Bill Eisen, and Director of Finance Claire Bogard regarding Resolution R2010-102. Councilmember Saboe made the motion, seconded by Councilmember Owens, to pass Resolution No. R2010-102 with no action taken by Council. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 13, 2010 AND SEPTEMBER 27, 2010 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2010-2011 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Mayor Pro -Tem Sherman, to approve Resolution No. R2010-103. City Manager Bill Eisen stated this item will set the dates for the Public Hearings for the proposed Budget. He would recommend having one of the Public Hearings on the west side of town to provide better access to citizens in that area. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Page 5 of 11 — 8/9/2010 COUNCIL ACTION — RESOLUTION NO. R2010-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE 2010 CERTIFIED APPRAISAL ROLL FOR BRAZORIA COUNTY AND ASSOCIATED NEW CONSTRUCTION VALUES FOR BRAZORIA COUNTY IN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2010-104. City Manager Bill Eisen stated the proposed Resolution would accept the Certified Tax Roll as provided by Brazoria County Appraisal District. The City has not yet received the final Certified Tax Roll. Councilmember Saboe stated the appraisal evaluation has decreased each year for the same store and property comparison. This data will be relevant to his arguments pertaining to the proposed Budget. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-106 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR BANK DEPOSITORY SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-106, after discussion no action taken by Council. City Manager Bill Eisen stated the City entered into a three-year contract with Wells Fargo Bank which included the opportunity to extend the contract for two individual one- year terms after the contract expired if both parties agreed. Councilmember Kyle stated she did not recall having any objections to the contract when it was originally approved. She does have an issue with Council not being provided with a copy of the original contract to review the terms prior to voting on the contract extension. Councilmember Kyle made the motion, seconded by Councilmember Mayor Pro -Tem Sherman, to pass Resolution No. R2010-106 with no action taken by Council. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Page 6 of 11 — 8/9/2010 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (YEAR 2010). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-105. City Manager Bill Eisen stated the Council had previously reviewed and discussed the proposed uses for Community Development Block Grant Funds for the next fiscal year. There has also been a thirty -day comment period where the public had to option to comment on the proposed plan. No comments were received from the public. Councilmember Saboe stated the program has been running very smooth with regard to the funds being available and asked if there was any indication that would change. City Manager Bill Eisen stated he does not expect any changes in how the program has been operating. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-107 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE ALICE STREET WATER PLANT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-107. City Manager Bill Eisen stated Council approved a contract for the Alice Street Water Plant Project from bids received for the Alice Street Water Plant Project. At the time the contract was awarded Council was asked not to take action on the portion regarding the turbine facility equipment because of pricing issues. These issues have been addressed and this item will approve the required funding for that portion of the project. As the flow through the turbines increase to the design flow and reduce the payback to less than seven years. Page 7 of 11 — 8/9/2010 Brief discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent Epperson regarding the change order. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING A REQUEST FOR THE CITY TO JOIN THE GREATER 288 PARTNERSHIP. City Council. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to join the Greater 288 Partnership. Councilmember Saboe stated in light of a couple of recent events regarding improvements of SH 288. This organization has shown a lot of promise with its memberships and he feels this is something the City should do. Mayor Pro -Tem Sherman stated he supports becoming a member of this organization. He would like clarification of what the membership benefits are. Kevin Cole, Chairman of the Board of the Greater 288 Partnership, addressed Council and stated there are different levels of memberships based on who benefits the most from the success of the organization. The benefit for counties and municipalities is having an automatic seat on the Board. Councilmember Kyle stated she is concerned with the City's participation because of the appearance of potential conflicts of interest for current and potential future elected officials. She would consider the possibility of joining the organization next year after it has had time to prove its ability to be successful. Councilmember Owens stated he can understand the concerns regarding conflicts of interest, but does not agree that there are any issues with the City joining this organization. He feels the City has the potential to benefit greatly from joining this organization. Councilmember Thompson stated he has been to enough Legislative Sessions to know that the City has to have a presence to get anything done. He worries about the City missing a Legislative Session and not having the presence necessary to achieve anything. Page 8 of 11 — 8/9/2010 City Attorney Darrin Coker stated according to Texas State Law Counciimember Owens being on the Board of the Greater 288 Partnership does not meet the parameters that would define a conflict of interest. Councilmember Saboe stated he does not agree with the opinion that there are any appearances of existing or potential conflicts of interest that would result from the City joining this organization. Councilmember Owens stated he honors the position he has on Council and he has served on many different Boards. He stated it is his duty as an elected official to bring charitable benefits and anything else that would benefit the City to its citizens. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to call the question. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" Councilmember Kyle. Motion Passed 4 to 1.. COUNCIL ACTION — RESOLUTION NO. R2010-108 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TEMPORARILY SUSPENDING THE PROPOSED ANNEXATION OF CERTAIN AREAS IN THE CITY (AREA 5). Mr. Darrin Coker, City Attorney. Councilmember Thompson made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-108. City Manager Bill Eisen stated this item and the next item both relate to the follow-up on Public Hearings last week where Council requested that the annexation process for Area No. 5 and Area No. 6 be postponed. Councilmember Saboe stated the questions he has regarding Area No. 5 are whether there is an understanding on the direction of the land on a short and long term and how the zoning process works. Page 9 of 11 — 8/9/2010 City Manager Bill Eisen stated there is a proposed zoning recommendation during the annexation process, but the annexation and the zoning will be approved concurrently to prevent there being a period of time with the property having no zoning classification. Councilmember Saboe stated he would like to postpone the annexation process for this area; however, he would like the process to commence in the future. Mayor Pro -Tem Sherman asked for clarification on whether there were zoning issues in Area No. 5 that were similar to Area No. 6. Councilmember Saboe stated there were various zoning issues, but they were not as complicated as Area No. 6 and could easily be addressed by Staff. Planning Director Lata Krishnarao stated the zoning issue for Area No. 5 was that the proposed zoning is (M-1) which is light industrial and there area has existing residential uses Councilmember Owens stated his concern is that the residents have the opportunity to rebuild if something happens to their home. It would not be right to change the zoning on these residential properties without a thorough study of the options available. Councilmember Saboe stated, regarding Area No. 5, he would feel better if the City contemplated some type of mixed-use in the area that would allow the residents to rebuild their homes in the event of a natural disaster. In Area No. 6 he feels their needs to be more data and review before the annexation process is initiated. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-109 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TEMPORARILY SUSPENDING THE PROPOSED ANNEXATION OF CERTAIN AREAS IN THE CITY (AREA 6). Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-109. Dale Howard, 1914 CR 252, addressed Council and stated he supports of this Resolution to postpone the annexation of Area No. 6. Page 10 of 11 — 8/9/2010 Jerry Strupp, 1309 James, addressed Council and stated he owns property in Area No. 6 and has served citizens in the community for years. He had planned to build his dream home on this property in the future. The proposed zoning of the property will prevent him from building his home on the property he has in Area No. 6 and he is opposed to the annexation. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9;38 p.m. Minutes approved as submitted and/or corrected this the 23rd day of August, A.D., 2010. Tom Reid Mayor ATTEST: Page 11 of 11 — 8/9/2010