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2011-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF r PEARLAND, TEXAS, HELD ON MONDAY, MARCH 28, 2011, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 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; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; Theresa Battenfield Assistant Project Director. The invocation was given by Neal Whetsone, Boy Scout Troop No. 468, and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid report March 15, he attended the Houston -Galveston Area Council Meeting and the Keep Pearland Beautiful Board of Directors Meeting, March 16, attended the Brazoria County Tax Abatement Review Committee Meeting; March 17, attended the Pearland Chamber of Commerce Leadership Council Meeting; March 18, joined City Manager Bill Eisen for a meeting with the Denbury Corporation; March 19, attended the Council Retreat; March 20, presented a proclamation to Coach Heath at the Silverlake Church; March 21, attended the Agenda Meeting, Council Workshops, Joint Public Hearings with the Planning and Zoning Commission, and the Rotary Annual High School Graduate Scholarship Award Ceremony; March 22, attended the CSI Open House Event; March 24, attended the Planning Department Planning Day Event, the Adult Reading Center Red Hat Lady Luncheon, the Chili's After Hours Reception, and the Friends of the Westside Library Monthly Meeting; March 25, joined Assistant City Manager Mike Hodge for the Houston -Galveston Area Council and Transportation Policy Council Board of Directors Meeting; March 26, started the race for Paws in the Park and welcomed citizens to the Parks Award Ceremony; March 27, spoke at the Eagle Scout Court of Honor for Troop 468. COUNCIL ACTIVITY REPORTS Councilmember Owens reported the he attended Council Retreat where Council reviews the goals of the past year and established goals for the coming year. He stated he was disappointed that no candidates running for Council Position No. 3 attended. Page 1 of 9 — 3/28/2011 Councilmember Saboe reported he attended the Red Hat Lady Luncheon to support the Adult Reading Center. Mayor Pro -Tem Sherman reported he attended the Red Hat Lady Luncheon and wanted to thank the Councilmembers that served as celebrity waiters. The event raised a good deal of money for the Adult Reading Center which is a great organization that provides free services to those who need them. Councilmember Kyle reported she attended the Council Retreat and it was one of the most productive meetings Council has had. Councilmember Thompson reported he attended the CSI Open House, and he was amazed at the company's medical device. He also served as a celebrity waiter at the Red Hat Lady Luncheon. CITY MANAGER'S REPORT City Manager Bill Eisen stated he wanted to recognize Keep Pearland Beautiful who has received the Governor's Achievement Award. The award is given annually for attempts at beautification and making citizens aware of environmental issues. As a result of Keep Pearland Beautiful receiving this award, the City will receive $270,000 in TxDOT Grant Funds to be used for landscaping within the City. The Keep Pearland Beautiful Staff also nominated the Public Affairs Department for the Media Print Monthly Category and they were announced the winner. The department was nominated for their efforts in public awareness regarding environmental concerns and the Keep Pearland Beautiful Organization. CITIZENS Roland Dansereau, 2601 Shadybend Drive, addressed Council and thanked them for their service and stepping up for the community. He has heard large smashing dumpster sounds in his neighborhood sometimes beginning as early as 4:00 a.m. He has tried to address this issue with the City and was referred to Waste Management. He has made at least seventy calls and has not received a solution. He provided Council with a brief overview of the process he has followed attempting to solve this issue. He would like pick up times to be pushed back to avoid disturbing the residents in the area. Johnny Smith, 27269 Payla Lane, Conroe, Texas, addressed Council and stated he is the Residential Sales Manager for Waste Connections of Texas. He stated he is aware that the City's contract for waste management services is expiring and that there has been a lot of debate on whether to bid the service. He feels the City should obtain competitive bids because the market has changed so much in the last several years. This would allow the City to see if they are truly getting the best value for their citizens. Page 2 of 9 — 3/28/2011 Carol Artz-Bucek, 6117 Broadway, addressed Council and stated the Pearland Chamber of Commerce Business Showcase Event is April 7, 2011. The Pearland Chamber also has a new program where the candidates in the upcoming election will answer specific questions in a video that will be posted on their website www.pearlandvotes.com. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 7, 2011, Special Meeting held at 6:30 p.m. 2. Minutes of the March 14, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1445 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE I, IN GENERAL, OF CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF DEFINING CERTAIN TERMS; MAKING IT UNLAWFUL TO PROTEST WITHIN 1000 FEET OF FUNERAL SERVICES. PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE PROVIDING A SEVERABILITY CLAUSE. City Council. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE MARCH 14, 2011, 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 Page 3 of 9 — 3/28/2011 NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2011-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR AN EMERGENCY INTERRUPTIBLE LOAD SERVICE AGREEMENT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2011-36. City Manager Bill Eisen stated this item is a program that is offered through the Energy Reliability Council of Texas (ERGOT) which pays large volume electric users within the state for taking certain large power users offline during peak usage times. The City has the opportunity to do this for water or waste water treatment plants where backup power systems are available. Assistant City Manager Jon Branson stated this program is a unique alternative for the City to generate revenue by simply taking power the City would normally use off the grid and use the backup generators. There are seven facilities being reviewed for this program at this time and there is the option to add more facilities at a later time. Bradley Cotton, EnerNOC, Inc., provided Council with an overview of the ERCOT program. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE OTHER VICTIM'S ASSISTANCE GRANT ("OVAG") THROUGH THE OFFICE OF THE ATTORNEY GENERAL. Mr. Joel Hardy, Grants Coordinator. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-38. City Manager Bill Eisen stated the City currently has a crime victim's assistance liaison for victims of violent crimes. This item is a grant program that would allow for the expansion of that program to include victims of nonviolent crimes. The maximum for reimbursement is $42,000 per year. Page 4 of 9 — 3/28/2011 Councilmember Thompson asked for clarification on how the position would be funded after the grant is completed and how many crime victims there are within the City. Crime Victim Liaison Gina Mendez stated there are currently under a grant that allows the City to provide services only to victims of violent crimes. Last year services were provided to 1,311 victims of violent crimes, and the number of victims is currently at 768 for the current year. Grant Coordinator Joel Hardy stated this program has been active for several years and the City has received funds from the Office of the Attorney General in prior years. The program seems to be consistent and should be available to the City for a number of years. Staff will continue to review options to maintain funding for these positions in the future. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN AERIAL EASEMENT FOR CERTAIN UTILITIES. Mr. Bill Eisen, City Manager. I I Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2011-35. City Manager Bill Eisen stated this is a request to provide a blanket easement to Centerpoint to allow them to install the necessary utilities for the Hillhouse Water Treatment Facility. Once the project is completed, a survey will be conducted for a permanent easement which includes the new utilities. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the Resolution. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR THE PURCHASE OF PROJECT MANAGEMENT SOFTWARE. Mr. Trent Epperson, Project Director. Page 5 of 9 — 3/28/2011 Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-37. City Manager Bill Eisen stated this item is for the purchase of a system of software that will allow the City to automate the major parts of the project delivery model. The model is consistent used for the delivery of all the various types of projects. The proposed award is to Aster Systems, Inc. in the amount of $70,000. Project Director Trent Epperson stated this software is a step in the project delivery model to make the City more efficient. This software will allow automation of work flows and additional accountability for those involved in the project. It will also eliminate the requirement for much of the scanning involved in project management by allowing the process to be completed electronically. Mr. Epperson continued to provide Council with an overview of the benefits of purchasing the proposed software. Discussion ensued between Council and Project Director Trent Epperson regarding the software. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-39 — A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2011. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-39. City Manager Bill Eisen stated several City representatives will be meeting with the U.S. Army Corps of Engineers and other elected officials regarding the status of the Clear Creek Flood Control Project, and it has been suggested that the City approve a current Resolution supporting the project. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Page 6 of 9 — 3/28/2011 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE HIRING OF A FIRE CHIEF FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. Mr. Darrin Coker, City Attorney. 4. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:45 p.m. COUNCIL ACTION — DISCUSSION REGARDING THE HIRING OF A FIRE CHIEF FOR THE CITY OF PEARLAND. City Council. Councilmember Kyle made the motion, seconded by Councilmember Owens, to ratify the City Manager's appointment of Vance Riley to serve as Fire Chief for the City of Pearland. City Manager Bill Eisen provided Council with a brief overview of the qualifications of Vance Riley. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Council adjourned back into Executive Session under Texas Government Code at 8:47 p.m. to discuss the following: Page 7 of 9 — 3/28/2011 Council returned from Executive Session at 11:04 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve a contract with Shadow Creek Ranch HH GP, LLC as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Kyle. Voting "No" None. Voting "Abstain" Councilmember Thompson. Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. City Council. Councilmember Kyle made the motion, seconded by Councilmember Owens, to move forward with litigation procedures as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Thompson. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. COUNCIL ACTION — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council No action taken by Council ADJOURNMENT Meeting was adjourned at 11:07 p.m. Page 8 of 9 — 3/28/2011 Minutes approved as submitted and/or corrected this the 11th day of April, A.D., 2011. ATTEST: i glL ng, 1W Seclary Tom Reid Mayor Page 9 of 9 — 3/28/2011