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2011-01-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 24, 2011, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, l TEXAS. Mayor Reid called the meeting to order at 8:00 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; Matt Buchanan Executive Director of Economic Development Corporation; Danny Cameron Public Works Director; Glenn Turner Director of Fire Services; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Harold Ellis Senior Planner; Bob Pearce Purchasing Officer; Rosalyn Epting Assistant Director of Parks and Recreation; Colene Cabezas Recreation Superintendent. The invocation was given by Councilmember Thompson and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported January 12, he attended the BayTran Monthly Meeting Luncheon, presented a proclamation to a one hundred year old resident at Trinity Oaks Home, and joined Assistant Director of Economic Development Corporation Ramon Lozano for a visit by Dr. Emil Pena from Rice University; January 13, joined City Manager Bill Eisen for the Employee of the Quarter Luncheon, attended the Chamber After Hours Event at Moody National Bank, and the Pearland Arts League Board of Directors Meeting; January 14, attended the Chamber Before Breakfast Event, joined Keep Pearland Beautiful Members for the Tree Giveaway, and Assistant City Manager Mike Hodge to speak at the North Star Scout Annual Meeting; January 16, spoke at the Eagle Scout Troop No. 468 Court of Honor; January 17, attended the Agenda Meeting, Council Workshop, and Joint Public Hearings with the Planning and Zoning Commission; January 18, attended the H -GAC Board of Directors Meeting and the Keep Pearland Page 1 of 9 — 1/24/2011 Beautiful Board of Directors Meeting; January 20, joined Councilmember Thompson at the Chamber of Commerce Leadership Council, Assistant City Manager Mike Hodge for 1 the Gulf Coast Water Authority Board of Directors Meeting, and City Manager Bill Eisen and Executive Director of Economic Development Corporation Matt Buchanan for the ZT Office Event; January 21, joined Jo Knight to hand out dictionaries to Shady Crest Elementary third graders; January 22, visited Rotary Club's Winter Wonderland Dance and joined City Manager Bill Eisen and Assistant City Manager Mike Hodge for the Fire Department Annual Awards Banquet; January 23, attended the Shady Crest Baptist Church Ground Breaking for the new building. Jarret Simon, CenterPoint Energy, stated the City participates in the City Smart Score Program which is an incentive for the City to be more energy efficient in their buildings. He stated the program was no cost to the City and provided Council with an overview of the program. COUNCIL ACTIVITY REPORTS Councilmember Owens and Saboe passed on giving a report. Mayor Pro -Tem Sherman stated the Nolan Ryan Junior High Robo Longhorns Team is the only robotics team that is going to the State Texas Computer Education Association Robotics Tournament which will be held later this year. The team is advancing in the inventions portion of the contest with a robotic guide dog that can help the visually impaired navigate everyday obstacles. Councilmember Kyle was absent. Councilmember Thompson stated the Pearland Independent School District won the State 5-A Football Championship and on top of that, Coach Tony Heath was named the Airforce National Coach of the Year by Max Preps. This is a scouting agency that scouts children for colleges. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Annual Fireman's Banquet was held to award outstanding service thorough the year. Fire Station No. 5 opened in the Shadow Creek Ranch area and has twenty-four hour staffing. CITIZENS Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he would like to promote individuals to run in the next Mayoral Election. The Texas Legislature is in session and he hopes that everyone is paying attention to what is going on in Austin. Page 2 of 9 — 1/24/2011 Rick McClure, 3310 Redwood Grove, addressed Council and stated he would like to discuss a water problem in Pearland. The water quality is damaging appliances at his home and preventing the use of many of them. The water is discolored and has sediment in it. His house is not an older home and he knows of many others that are having the same problem. Mike Waltz, 3312 Redwood Grove, addressed Council and stated he is also having an issue with his water quality and provided Council with a water sample. The issue has been an everyday problem for two years. He is concerned that the water is damaging appliances, but it is also affecting the resale value of his home and his family's health. Henry Ruenyon, 8606 CR 414, addressed Council and stated he is opposed to the annexation and feels the City is not addressing the issues of the residents. James Fields, 5320 Legacy Dr., addressed Council and stated he represents Denbury Onshor, LLC and a large portion of the proposed annexation is owned by his company. Their main concern is how the potential rezoning of the property will affect their operations. DOCKETED PUBLIC HEARING: Mayor Reid called the Public Hearing order at 8:30 p.m. PURPOSE OF HEARING — REVIEW OF THE PROPOSED PARKS AND RECREATION STANDARDS OF CARE. Ms. Colene Cabezas, Recreation Superintendent. STAFF REVIEW OF THE PROPOSED PARKS AND RECREATION STANDARDS OF CARE. City Manager Bill Eisen stated a Workshop was held previously regarding this subject. This Public Hearing is required by the State of Texas for any entity that is responsible for the care of children for any amount of time. Council will be asked to take action later this evening regarding the item. Recreation Superintendent Colene Cabezas stated the Texas Department of Family and Protective Services recently made changes to licensing requirements for the care of children between the ages of five through thirteen for youth programming. The City has after-school care and summer programs that fall under this classification. Staff recommends that Council approve the proposed Standards of Care Policy. CITIZEN COMMENTS: None. COUNCIL/STAFF DISCUSSION: None. Page 3 of 9 — 1/24/2011 Public Hearing was adjourned at 8:35 p.m. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 10, 2010, Regular Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING EXPENDITURES FOR THE PURCHASE OF CAMERA TASERS AND ACCESSORIES. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-13 — A RESOLUTION 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. Mr. Darrin Coker, City Attorney. Councilmember Thompson asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through C with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Thompson Consent Agenda Item C was removed for further discussion. Page 4 of 9 — 1/24/2011 C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-13 — A RESOLUTION 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. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-13. Councilmember Thompson stated he wanted to get clarification on the actual location of the property to be condemned. City Attorney Darrin Coker stated the property is just over 11,000 square feet of frontage property along Bailey Road. The property owner is not challenging the condemnation. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2011-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, FORT BEND COUNTY, AND HARRIS COUNTY, TEXAS; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Matt Buchanan, Executive Director of Economic Development Corporation. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-12. City Manager Bill Eisen stated a Workshop was held regarding this item. State Law requires the City to adopt or readopt guidelines for the granting of tax abatements within the community. Staff has been working for some time to develop suggested modifications to the previously adopted guidelines. Page 5 of 9 — 1/24/2011 Executive Director of Economic Development Corporation Matt Buchanan provided Council with a summary of the proposed modifications to the guidelines for granting tax abatements within the City. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. FIRST READING OF ORDINANCE NO. 1443 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A STANDARDS OF CARE POLICY FOR THE CITY'S YOUTH PROGRAMS. Ms. Colene Cabezas, Recreation Superintendent. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1443 on its first reading. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2011-11 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING NOTICE TO CENTERPOINT ENERGY ENTEX REGARDING THE NON -RENEWAL OF THE COST OF SERVICE ADJUSTMENT RATE SCHEDULE NO. COSA-3; ESTABLISHING AN EFFECTIVE DATE FOR THIS RESOLUTION; 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 Resolution No. R2011-11. City Attorney Darrin Coker stated this item relates to the CenterPoint Energy Gas Case. The Railroad Commission of Texas approved a Cost of Service Adjustment (COSA) tariff for CenterPoint and under that tariff, CenterPoint is allowed to implement changes in rates on an annual basis without a meaningful review. Changes in rates under the COSA tariff violate the City's procedural safeguards provided under the Gas Utility Regulatory Act. The COSA tariff has a three-year term, and unless the City provides notice to CenterPoint by February 1, 2011, that the City does not want to renew the tariff for another three-year period, the COSA tariff automatically renews for another three- year period. This Resolution provides that notice. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson Page 6 of 9 — 1/24/2011 Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2011-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A BUCKET TRUCK. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-14. City Manager Bill Eisen stated this item relates to the purchase of a bucket truck to be utilized to maintain traffic lights. The low bid required approximately seven months for delivery. Because of this time requirement, Staff recommends not selecting the low bidder and awarding the bid to Commercial Truck Group. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Jon Branson, and Director of Public Works Danny Cameron regarding the cost of the vehicle and the savings of not renting a vehicle if they can get an earlier delivery date. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2011-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, OPPOSING THE PROPOSAL OF THE TEXAS LEGISLATURE TO ELIMINATE STATE FUNDING FOR BRAZOSPORT COLLEGE. City Council. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-16. Mayor Pro -Tem Scott Sherman stated this Resolution is to oppose the proposed legislation to eliminate funding for Brazosport College. This school is in Lake Jackson, but it is still in Brazoria County and Pearland citizens do attend the school. The legislation would not close the school; however, the reduced funding would cause reductions in staff and services. Councilmember Owens stated this item has not been to the legislators yet, but it is affecting a school that has really served Brazoria County. The reduction in funding to Brazosport College would affect the entire county including the City of Pearland. Page 7 of 9 — 1/24/2011 Councilmember Thompson asked for clarification on the process submitting a -- Resolution. He stated he believes it would benefit the City to send this document to the Committee of Higher Education. Councilmember Owens stated the document is given to our State Representative and several others. Discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:06 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 —REAL PROPERTY— REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:21 p.m. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY—CITY FACILITIES. City Council. No action taken by Council. Page 8 of 9 — 1/24/2011 CONSIDERATION AND POSSIBLE ACTION — REGARDING MUNICIPAL UTILITY DISTRICTS. City Council. No action taken by Council. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:23 p.m. Minutes approved as submitted and/or corrected this the 14th day of Fe bruary, A.D., 2011. QC --.k Tom Reid Mayor ATTEST: LA!Y Y g Lo g, TRMC it Secr ry' Page 9 of 9 — 1/24/2011