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2010-09-27 CITY COUNCIL REGULAR MEETING MINUTESI MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 27, 2010, AT 7:301 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Mayor, Pro -Tern Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary all ESE= Tom Reid Scott Sherman Woody Owens Steve Saboe Felicia Kyle Ed Thompson Bill Eisen, Darrin Coker Young Lorfinig Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Glenn Turner Director of Fire Services; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; N:arciso Lira City Engineer; Bob Pearce Purchasing Officer; Meg McNulty Utility Billing Supervisor; Joel Hardy Grants Coordinator. The invocation was, given bager Jon Branson and the Pledge of Allegiance was led by Police Chief J.C. Dwyle. iT, r-ffirel Mayor Reid reported on September 18, he cut a board in celebration of loth Anniversary of the Home Depot Store on Dixie Farm Road, presented an Award at the Eagle Lift Ministries Home for Abused Women and Childliren, and presented a Certificate to Mark Bender, a Senior Citizen; September 19, presented a Welcome; Certificate to Karumuittu Kannan, an Indian Diplomat and presented a Certificate to Dr. Haro�d Gentry Majestic Christian Center for 21 Years of Service; September 20, joined Dr. William A. Staples, President University of Houston Clear Lake, and Matt Buchanan, Executive Director Economic Development Corporation, for a University of Houston Clear Lake- Pearland Campus photo and attended the Council Workshop and Joint Pubearings with the Planning and Zoning Commission; September 21, attended the Houston-Gialveston Area Council Monthly Board of Directors Meeting and the Keep 'mow rland Beautifull Board Retreat; September 22, joined City Manager Bill Eisen for the Employee of the Quarter Luncheon; September 23, attended the Pearland Planning Day Event, joined the Chamber of Commerce for a New Business Ribbon Cutting, attended the Gulf Coast Water Authority Board of Directors Meeting and attended the Pearland Economic Development Corporation Special Meeting; September 24, attended the Houston- Galveston Area Council Transportation Policy Council Board of Direc,tors Meefin,221 September 26, attended a Special Church Day Event; September 27, opened t English as a Second Language Graduation of Pearland Independent School Distri Employees., 1 Councilmember Saboe stated the Adult Reading Center in Pearland is having a Gio,lf Tournament on Monday, November 1, 2010. Mayor Pro -Tem Sherman reported he attended the Adult Reading Center used book sale on September 17, 2010. He stated next Tuesday night is National Night Out and is a great opportunity to get out with neighbors. Councilmember Kyle stated she has been attending the National Night Out Event and it is a great opportunity for Councilmembers to meet with citizens., She attended the Pearland Chamber of Commerce Golf Tournament and'; it was a great event and the Adult Reading Center Used Book Event. October 17, 2�010, is Consti ' tution Day and every public school is to have something related to the adoption of the Constitution and the Bill of Rights. She had the opportu, nity to meet with fourth graders at Magnolia Elementary school to read a book called "The Bill of Rights" and answer questions. Councilmember Thompson stated he attended the Pearland Chamber Leadership Meeting where the groups from the City, schools, and colleges come together to discuss what is happening in their organization. He enjoyed the event and was amazed to learn that Pearland Independent School District has 18,626 students this year. He stated that Tom Alexander recently passed away and his thoughts go out to the family and he would like everyone to remember the family during this time. City Manager Bill Eisen reported Council will be hold g a Joint Workshop with t Brazoria Drainage District No. 4 on October 6,, 201�0. 1 111003 INA 9:4 11111101 A. CONSIDERATION AND POSSIBLE .-O 1 - Minutes of the August 30, 2010, Special Meeting — held at 6:00 p.m. 2. Minutes of the, August 1 2010, Public Hearing held at 6:30 3. M�inutes of the September 13, 2010, Regular *kvo%W. E Elk A Rk e N:_W-1Meof ®', y ■ CITT' COMICIL OF _T OF ' ,1 .i i NON -DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING liD FOR PUBLICATION a *Y AND AN EFFECTIVE DATE. BN Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 33-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 1M i 1. y.,. TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF 'THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, AMEND . DISCHARGEENTITLED iii WEAPONS; PROVIDING ROV I y PENALTY; HAVING Y SAVINGS i. A. SEVERABILITY CLAUSE, AND A REPEALER w lr YSAA CLAUSE; AND PROVIDING w CODIFICATION Ae D Y. : AND A EFFECTIVE DATE, Mr. Darrin Coker, CityAttomey. 1). CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-123 — A RESOLUTION PEARLAND, A AWARDING A BID . PURCHASE GENERATORS r A Os...r THE it r Y AND WEST MARY'S rr lr STORM WATER PUMP STATIONS. s ill Eisen, City Manager. A � i Imo,, � ,�i Y A ► I� � Y �' i 1-R lII. I!. � -NN i � !. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 11A i i y TEXAS, AWARDING y.. SUPPLY AIr. yY RA WASTEWATER POLYMER. Mr. Bill Eisen, City Manager. Councilmember Kyle asked that Consent Agenda Item B, Item E, and Item F be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to adopt Consent Agenda Items A through F with the exception of Items B, E and F, as presented on the Consent Agenda. As requested by Councilmember Kyle Consent Agenda Item B, Item E and Item F were removed for further discussion. B. CONSIDERATION ■ IIFi.. A , POSSIBLE t.r.. ACTION SECOND AAD qA READING OF ORDINANCE NO. 1358-5 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ■ 1 L TEXAS, AMENDING CLAUSE,NON-DEVELOPMENT USAGE AND SERVICE; FEES; CONTAINING A SAVINGS l SEVERABILITY ■ X. 1. L REPEALER r ■ y. ■ CLAUSE; PROVIDING FOR PUBLICATION D AN EFFECTIVE DATE. fEisen,Manager. Councilmember Owens made the motioni, seconded by Counciilmember Saboe, approve Ordinance No., 1358i-5. I City Manager Bill Eisen stated this item is the proposed fee schedule for the upcoming year. Councilmember Kyle stated she pulled this item because of the reference to the Fire Fees. She will vote in opposition, not because she does not support the item, but because she has not received enough information on the Fire Fees to make a decision. Voting "NWo17 Councilmember Kyle. Motion Passed', 4 to 1. Councilmember Owens made the motion, seconded by Counicilmiember Saboe, to approve Resolution No. R2010-124 as amended. City Manager Bill Eisen stated this item is a bid associated with removal and hauling of bio -solid waste from various water treatment facilities in the City. The recommended vendor is Republic Services of Texas, L.P. and the estimated cost is $190,000. Councilmember Kyle stated she does support this item; however, she pulled it because it is a $190,000 item with, the potential to go to up to nearly $600,000. She would like Council to review and approve the contract prior to its renewal. Councilmember Thompson stated the previous contract was $15.49 per cubic yard and this contract has a different price per cubic yard for each site. He asked if this difference would bring the price back up to where it was previously. Purchasing Officer Bob Pearce stated the difference is that the mileage has been figured into the price, but it is equivalent. Councilmember Owens made the motion, seconded by Councilmemiber Kyle, to amend Resolution No. 82010-124 to reduce the, contract to one-year only and require the contract to come back before Council for renewal. amzm�� fflmm�� Zreurerlvwj.r_ 1"IrSIZIFIEFIVITT-TATI -me !IIIIIIIIIIIIII 11 IiiIIIIIIIIIZ!, iiiIIIIIIIIIIII!IIIIIIIII III 1 :i�1111 I 11� 1111 - WAVINTIT9017074"I - MIJIMSO 0 see ^a as I off I w W NOXIM 10 MOM q lm�,AQVA to WITaMrolrom "OEMMMIE Councilmemb,er Saboe made the motion, seconded' by Councilmember Owens, to approve Ordinance No. 1427 on its second and final reading. City Manager Bill Eisen stated this item is for the annexation of Area No. 1 and was previously considered by Council and approved, The caption was a valid description of 'the property included in Area No. 1. Bruce Kirby, 3610 Curtis Lane, addressed Council and stated he takes objection to the City Manager's comment that the Ordinance is a valid description of the property and it does not give him confidence in whoever produced the document. The City is taking his property to get taxes and he did not get to vote on any of it. He realizes this is a legal thing to do, but it doesn't make it right. Debbie Kirby, 3610 Curtis Lane, addressed Council and stated she still has issues with the annexation and does not want it to happen. She has a problem with being required to pay fees to connect to the water when they do not want to be part of the City. The City does not have anything to offer them that they do not already have. Jose Rocha, 3811 Joe Road, add'ressed Council and stated he does not think it is right for the City to annex him when they do not have anything to offer him. He feels this is just to allow the City to tax him. Steven Carter, 3805 Joe Road, addressed Co;unci'l and stated he opposes thp. annexation. He has his own water well and he does not need services from the City. Juanita Cavazos, 4055 Bailey Road, addressed Council and stated she attended the first meeting and stated she was not informed of the annexation. It is not fair to annex people with no notice.She is a single woman trying to make it on, her property and will not be able to afford to pay City taxes. Lawrence Stewart, 7412 Bailey Road, addressed Council and stated he is opposed to the annexation because it is not right for the City to take the land others have worked hard for their entire lives. Jessica Roe, 3611 Curtis Lane, addressed Council and stated she is a mother and a wife with feelings. She is opposed to being annexed because of the taxes they will be required to pay. They are a single family household and money is tight. She and her I child have been making plans to participate in Future Farmers of America and' being annexed will ruin these plans. Ron Anderson, 7730 Bailey Road, addressed Council and stated he does not know of #ne person that wants this annexation. It is unfair that five people are goi:ng to tell many #thers how to live. The City only wants their land because they want control and tax money. IMOMWERWAymm Chris Stansberry, 7730 Bailey Road, addressed Counci�l and stated hie has lived at hE residence for three years and does not see how the City can come in and tell him wh he can do with his land. It is not fair or right. i Frank Doherty, 4103 Bailey Road, addressed Council and stated he has lived at his address for fifty-five years. He thiought the City would finish Bailey Road before they annexed his property. He feels the City is rushing into this annexation. C.B. Manly, 3609, Curtis Lane, addressed Council and stated he has lived at his address for thirty years and has horses. He can raise any animal but hogs on his land and can do anything else he wants to do. He is very happy where he is at and would hate to see the City change that for him. He is retired and on a fixed income and cannot afford to pay taxes. Robin Anderson, '7730 Bailey Road, addressed Council and stated she is angry because she feels this situation is beyond her control because the, City is going to do what they want to do. People work all of their life to get what they have and it iis unfair to take it away so easily. City Manager Bill Eisen stated he wanted to clarify that the residents are not required to tie into City water if they are annexed. Councilmember Kyle stated she would like to clarify that she does live within the City of Pearland. Councilmember Owens stated there have been a lot of positive comments. It was his understanding that the City is doing these annexations because of Bailey Road, There were a lot of valuable comments and with the economic times we are in, he is concerned with the additional taxation. This land will be annexed i at some point in time. He is concerned about the livestock and would like to see the City work with the residents.He would like to ask the rest of the Council to reconsider annexing this land at this time., Counc:ilmember Kyle asked if the Homestead Exemption would apply to the taxi;ng of residents in this area. City Manager Bill Eisen stated the Homestead Exemption would apply to the residents that are annexed. Councilmember Saboe stated hie appreciates all of the comments that were made by the residents. His biggest concern about this annexation is the process and the residents not understanding what is happening. The description of the property is written in a paraphrased manner for the agenda and there, is a legal metes and bounds description for each annexation. The City website provides alll the information that Council receives before they make a decision. The City is obligated to provide water and sewer service within a certain amount of time,- however, residents that are annexed do not have to hook up to the City's water supply. It is true that annexing the area will increase any financial hardship anyone is experiencing at this point. He respects the situation of the residents and the comments they have presented, The City is attempting to annex this land because of the Bailey Road Project and not to get more tax money. Council takes this issue seriously and has thought a lot about the decision to annex this land. The property will eventuallly be annexed, but this may not be the right time. Councilmember Kyle stated one of mantras she lives by and uses to make tough decisions is that if you do the right thing, the right result will occur. It may not be the one you wanted or feels good, but you can rest easy at night. She commends the residents for utilizing their Constitutional right to voice their opinion. She is trying to decide what the right decision is and she has been listening to the residents for several weeks. Bailey Road is going to go in and the need for this annexation will increase for the greater good. She is concerned if this is the right time to annex this land, and she does not know if it is or is not. She was very impressed with the speakers and has been moved to consider the economic times and change her vote to be against the annexation. The Planning and Zoning Commission has done an outstanding job on this annexation; however, she does not feel this is the right time. Mayor Pro -Tern Sherman stated he has been on this Council for a year and a half and this has been the most difficult decision he has been faced with. He has concerns about this annexation and will vote against this item as he did on the first reading. He appreciates the residents coming to speak, but they do need to realize that the property will be annexed. Councilmember Thompson stated this is a difficult decision andl the resident's time has not been wasted by speaking. He has stated previously that he does not like to bring property in with unresolved zoning issues. He understands the concerns about the animals, but being annexed does not necessarily mean they will lose those animals. Mayor Reid stated one of the points that the residents have made is that they value their property and he is glad that they do. The way the property is now there can be anything built next to their property, but in the City they will have a say what is built next to their property. Councilmember Owens stated he is very concerned about what is, going on in our Nation right now. He does not feel that anyone knows what is coming. If people do not get out and do the right thing by voting, it will affect our children. Everyone needs to be thankful that we live in the State of Texas and make the decision to Qet this Nation turned around. Councilmember Saboe stated he appreciates the residents' comments and he knows that within the next five years there will be someone that complains about the development on Bailey road and the City will not be able to protect that person. His philosophy is to be a good neighbor to people who do not pay taxes; however, if he changes his vote tonight he will be very outspoken to make sure the money citizens pay in taxes is well guarded. He represents the citizens and will make sure their tax money is not being spent outside the City of Pearland. MayorPro-Tern II# '" Sherman r r d "` -motion, r # # . # by Councilmember r # # ''' # w## # - Ordinance # 1428 on its second and final reading. City Manager Bill Eisen stated this item is one of the three Ordinances being considered to annex property i',nto the City limits. This is the second of two readings for the Ordinance. Marshal [dickens, 6119 C.F . 109, addressed Council and stated he has lived in Pearland all his life and saw what his parents went through when their land was annexed. He feels this annexation is just a stepping stone which will take away a culture and way of living and he is opposed to it. Ray Hill, 5806 Bailey Road, addressed Council and stated the comments made for Ar -m No. 1 apply to Area No. 2 as well. If Council voted no for Area No. 1 then they shou vote no for Area Councilmember Owens stated he will vote the same way he voted on Area No. 1. Voting "No" Councilmembers Thompson, Sherman, and Owens. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance N# 1429 on its second and final reading. City Manager Bill Eisen stated this is the third Ordinance for annexation of property into the City limits. Councilmember Saboe stated that Areas No. 3 and No. 4 are a little different than the other annexation areas. He was personally touched by some of the comments from the residents in these areas and questions the strategy of the annexation. "'9'"he overbearing impact of the economy rings extra loud in these areas and he dues not want to send a message that the City is forcing an issue that could be a goad opportunity for developers. He feels the timing for this annexation could be better. Discussion ensued between Council and City Manager Bill Eisen, and Assistant City Manager Mike Hodge regarding the, Ordinance. Voting '''Aye" None. # '�131110 1 All 13 is I I I i r # # . ffi# Me, W1111110 • SECORD AND FINAL READING OF ORDINANCE NO. 1432 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET OR THE FISCAL YEAR ENDING OCTOBERSEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING 010 AND ENDING SEPTEMBER 30,2011. Councilmember Thompson made the motion, seconded by Councilmember Owens, approve Ordinance No. 1432 on its second and final reading, I City Manager Bill Eisen stated Council went th,rough a series of five Workshops for thr-9 approval of the proposed Budget and the first reading of the Ordinance has be approved. The Budget, if approved, will go into effect October 1, 20110 and is consiste with the instructions of Council. Council,lmember Owens stated he appreciated the work Staff put into this Budget. This was a difficult year and next year will probably not be any better. Councilmember Thompson stated the citizens should take a lot of pride in the fact that there is a lot of transparency in the City's Budget. When he ran for Council, he stated that the Budget was going to be the most difficult thing for the City and he still feels that way. Staff did a wonderful job on: the difficult Budget. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. AANTCSTITOJI�- 0 lll�� SECOND AND FIN AL READING OF ORDINANCE NO. �1433 — AN ORDINANCI ADOPTING A TAX RATE OF $0.6651 AND LEVYING TAXES FOR THE USE AN 9 SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAN I-EXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF T HI TAXABLE YEAR 2010. Mr. Bffl Eisen, City Manager. 0 Councilmember Owens made the motion, seconded by Councilmember Saboe, approve Ordinance No. 1433 on its second and final reading. I City Manager Bill Eisen stated this item is the second reading of the Ordinance to adopt the proposed tax rate of $0.6651/$100. 0�11111Eli I 111111:1: 13 i 111 -1 1 11 is 1►• # # #I Willr # rr# # • Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82010-126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. 820101-126. City Manager Bill Eisen stated this item is an annual exercise to deduct uncollectible utility accounts from, the City's Financial Statement. Discussion ensued between Council and Utility Billing Supervisor Meg McNulty regarding the Resolution. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82010-129, — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING BRAZORIA COUNTY APPRAISAL DISTRICT RESOLUTION NO. 2010-2. Mr. Darrin Coker, City Attorney. Councilmem,ber Thompson made the motion, seconded by Councilmember Owens, to approve Resolution No. 82010-29. City Manager Bill Eisen stated the Brazoria County Appraisal District recently received an evaluation regarding the cost of renting versus owning the building they occupy. As a result of this evaluation, it was decided to purchase their facility. This action has to be approved by three-quarters of the taxing units within its Jurisdiction. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82010-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED PARTICIPATION IN THE TEXAS PARKS & WILDLIFE DEPARTMENT'S COMMUNITY OUTDOOR OUTREACH PROGRAM GRANT. Mr. Bffl Eisen, City Manager. Councilmem,ber Owens made the motion, seconded by Counicilmember Saboe, to approve Resolution No. 82010-128, City Manager Bill Eisen stated this item would authorize the application, for the Texas Parks and Wildlife Department's Community Outdoor Outreach Program Grant. There is no local contribution required and no obligation to continue the program in future years. Voting "Aye" Counci'lmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82010-130 — A RESOLUTION OF THE CITY COUNCIL OF PE,ARLAND, TEXAS ("CITY") AUTHORIZING A SUSPENSION OF THE EFFECTIVE DATE OF THE TEXAS -NEW MEXICO POWER COMPANY'S RATE INCREASE AND THE INTERVENTION IN 'THE PUBLIC UTILITY COMMISSION DOCKET NO. 38480; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TEXAS -NEW MEXICO POWER MUNICIPALITIES ("ATM"); AUTHORIZING PROVISION OF EXPERTS AND LEGAL REPRESENTATION; FINDING THAT THE MEETING; COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AS ARE RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmembe,r Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. 82010-130. City Attorney Darrin Coker stated this item is regarding a substantial rate increase on the electrical side by Texas -New Mexico Power Company. The majority of residents in Pearland are not served by Texas -New Mexico Power Company, but it is his recommendation that Council approve this Resolution. Voting "'Aye" Councilmembers Thompson, Kyle, Sherman, Saboe,and Owens. Voting "No"' None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:10 p.m. to discuss the following: I �1 S111 181ilm 1 . SECTION 551.074 — PERSONNEL MATTERS — REGARDIN11 APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AN COMMISSIONS. Mayor Tom Reid. 1; 11�1 11, ,1 1, COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUI BOARDS AND COMMISSIONS., City Council. Councilmember Thompson made the motion, seconded by Councilimember Owens, to appoint Jim Burnett to serve on the Pearland Economic Development Corporation Position No. 4 for a term expiring November 1, 2012. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and, Thompson. Isfirolummm 00101400WV111-1 19NE1070"11 Minutes approved as submitted and/or corrected this the 11t"' day of October, A.D., 2010. r -A Yoig Lorf Ci 0 ecre ry Tom Reid Mayor