Loading...
2011-06-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 27, 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 7:42 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 Bili Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Vance Riley Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Lata Krishnarao Planning Director; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; ; Harold Ellis Senior Planner; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid recognized Linda Cowles, Executive Director of Keep Pearland Beautiful, for winning the Governor's Community Achievement Award. Mayor Reid reported June 12 -- 15, he represented the Houston -Galveston Area Council at the National Association of Regional Councils Annual Conference; June 16, attended the Pearland Chamber of Commerce Luncheon and the Gulf Coast Water Authority Board of Directors Meeting; June 17, attending a Metro Park and Ride Meeting, met with Scout Cameron Miller on Civic Merit Badges, and met with Pearland Chamber of Commerce President Carol Artz and representatives from AT&T; June 18, attended the Adult Reading Center Reception; June 20, attended the Agenda Meeting, the Audit Committee Meeting, and City Council Workshops; June 21, attended the Houston - Galveston Area Council Board of Directors Meeting and presented a proclamation to the Golf Crest Country Club for forty years in Pearland; June 22, attended the BayTRAN luncheon; June 22 — 23, joined Keep Pearland Beautiful in Austin to receive the Governor's Award for $270,000; June 23, welcomed the community to the Hurricane Awareness Seminar; June 24, attended the Houston -Galveston Area Council Transportation Policy Council Board of Director Meeting; June 25, attended the Pearland Area Radio Club Tournament. Page 1 of 18 — 6/27/2011 COUNCIL ACTIVITY REPORTS Councilmember Owens stated Pearland will be holding it's Fourth of July Celebration Monday, July 4, 2011. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Sherman stated he attended the Pearland Chamber of Commerce Leadership Meeting. He also joined Mayor Reid and Councilmember Thompson at the Hurricane Awareness Seminar which had a good turnout. Mayor Pro -Tem Sherman congratulated Susan Sherrouse for winning the Runoff Election for Council Position No. 3. Councilmember Kyle stated she would like to congratulate Susan Sherrouse on winning the Runoff Election and stated she is looking forward to working with her on Council. Councilmember Thompson stated he attended the Northern Brazoria County Education Alliance CEO Round Table Event where the Secretary of State Hope Andrade spoke very highly of what she has seen going on in the City. He also attended a Pearland Aquatics Swim Meet at the Natatorium where there were over six hundred young people that made up thirty teams from all over the area. Councilmember Thompson — NBEA 600 young people CITY MANAGER'S REPORT City Manager BIII Eisen reported a Brazoria County Deputy Sheriff was killed and another seriously injured in an automobile accident earlier today. One of the young men's first job was as a City of Pearland Lifeguard. Our thoughts and prayers are with the families of both of the men. The City will be closed Monday, July 4, 2011. Director of Parks and Recreation Michelle Smith stated the City is having its Fourth of July Celebration. There will be a carnival at Pearland High School that begins at noon and gates to the facility will open at 6:00 p.m. There will be a concert and fireworks to entertain the attendees. She wanted to remind everyone that it is illegal to possess or discharge fireworks within the city limits of Pearland. CITIZENS Gerald Bare, 4005 Manvel Road, addressed Council and stated he would like to come back another time to discuss his issue. Page 2 of 18 — 6/27/2011 Paul Eskine, 3516 East Orange, addressed Council and stated the residents in his area were informed that the City planned to overlay Orange Street and submitted a petition which stated they did not want any rise in elevation as a result of that overlay. The elevation of the road rising would cause flooding and drainage issues. Flooding has been an issue in this area for decades and the residents would rather the street flood instead of their homes. In 1979, the City promised that the street would never be at a level that would increase flooding the risk for the residents. The residents hope that the City will take the necessary measures to prevent flooding and drainage issues in the area. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 13, 2011, Public Hearing held at 6:30 p.m. 2. Minutes of the June 13, 2011, Regular Meeting held at 7:30 p.m. 3. Minutes of the June 20, 2011, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1447 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2011-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #21), 1N ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM SCOTT SHERMAN'S ABSENCE FROM THE MAY 23, 2011, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR TOM REID'S ABSENCE FROM THE JUNE 13, 2011, REGULAR COUNCIL MEETING. City Council. Page 3 of 18 — 6/27/2011 Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M-78. City Council. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to remove Ordinance No. 2000M-78 from the table. Voting "Aye" Councilmembers Kyle and Saboe. Voting "No" Councilmembers Thompson, Sherman, and Owens. Motion Failed 3 to 2. Councilmember Saboe moved to a point of Parliamentary Procedure and asked for permission to have the floor. Mayor Reid granted permission to have the floor to Councilmember Saboe. Councilmember Saboe stated the indication of a vote to not remove an item from the table, especially when Staff has provided additional information, indicates to him that when the original motion to table was made it was done in a violation of the of the minority to debate the issue. As a consequence of that, he has asked that additional items be placed on the agenda. The first is to discuss the appropriate use of the tabling motion, and the other was to add Ordinance No. 2000M-78 again to allow Council to deal with the matter properly. COUNCIL ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M- 78 -- 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 OR PARCEL CONTAINING 22.7711 ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. Page 4 of 18 — 6/27/2011 GREEN SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-04Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) ZONE, 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. No action taken by Council. COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M-79. City Council. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to remove Ordinance No. 200OM-79 from the table. No action taken by Council. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 200OM-79 — 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 OR PARCEL CONTAINING 30.5709 ACRES AS DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. FURTHER DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-05Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY RESIDENTIAL -2 (R-2) ZONE, 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. No action taken by Council. Page 5 of 18 — 6/27/2011 COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 200OM-80 — 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 OR PARCEL OF LAND CONTAINING 11.9337 ACRES OF LAND OR 519,832 SQUARE FEET, LOCATED IN THE JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS, SAID 11.9337 ACRE TRACT BEING OUT OF AND A PART OF A 36.166 ACRE TRACT OF RECORD IN THE NAME OF SHTIKIRBY, LTD. IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NUMBER 20080049996, SAID 36.166 ACRE TRACT BEING OUT OF AND PART OF BLOCK °F" OF THE ALLISON-RICHEY GULF COAST HOMES SUBDIVISION OF RECORD IN VOLUME 3, PAGE 40 IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS. LOCATED AT THE NORTHWEST CORNER OF KIRBY DRIVE AND RILEY ROAD, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-08Z), A REQUEST OF SHTIKIRBY, LTD., A TEXAS LIMITED PARTNERSHIP, OWNER AND BOYD COMMERCIAL, LLC, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE SPECTRUM DISTRICT 1 (SP1) ZONE, TO PLANNED DEVELOPMENT (PD) ZONE, 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 Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 200OM-80 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. 2011-08Z. City Manager Bill Eisen stated this item is a proposed rezoning from a Spectrum District to a Planned Development district for a Merit Medical Systems manufacturing facility. The property is located at the northwest corner of Spectrum Drive and Kirby Drive. The Planning and Zoning Commission recommended the approval of this zone change. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. Page 6 of 18 -- 6/27/2011 Councilmember Thompson made the motion, seconded by Councllmember Kyle, to approve Resolution No. R2011-70. After discussion, this item was postponed until the i next Regular Council meeting on July 11, 2011. City Manager Bill Eisen stated the City is required by State Law to conduct an annual audit of financial operations. This audit has been conducted by Null Lairson for the past five years. The work of this firm has been very favorable. Councilmember Kyle stated each year, in connection with the audit, this firm send a letter along with a questionnaire to Council. For the last three years she has requested clarification to the questions and has received the same letter which does not adequately clarify the questions. She does not have concerns regarding the firms work; however, she does have concerns regarding the responsiveness of the firm to a Councilmember's questions. Ms. Kyle stated that she cannot vote in favor of this item without assurances from the vendor that the questionnaires will be clarified. Director of Finance Claire Bogard stated Staff will meet with the audit staff and will bring forth these concerns. Councilmember Kyle stated that she wanted to be clear that she is not implying that anything improper is occurring; however, these questionnaires are utilized by the auditor and become public record. She wants to be sure that she will receive adequate clarification on the meaning of the questions to ensure she is answering them properly. The issue has been expressed for several years and it has not been resolved. Director of Finance Claire Bogard stated representatives from the vendor are not present and asked Council to allow Staff additional time to meet with the vendor to get the issue resolved. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to postpone Resolution No. R2011-70 until the next Regular Council Meeting July 11, 2011. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION -- RESOLUTION NO. R2011-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (YEAR 2011). Mr. Bill Eisen, City Manager, Page 7 of 18 — 6/27/2011 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2011-72. City Manager Bill Eisen stated the purpose of this item is to present the proposed use of the Community Development Block Grant funds for the upcoming year. If this item is approved, a Public Hearing will be held in July to allow public comment on the proposed projects. Mayor Pro -Tem Sherman stated, because he serves on the Adult Reading Center Board, he will abstain from this vote. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Thompson. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Sherman. Motion Passed 4 to 0, with one abstention. COUNCIL ACTION — RESOLUTION NO. R2011-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PAYMENT OF AN INVOICE TO UNITED WATER SOLUTIONS, INC. FOR WATER METER TESTING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-73. City Manager Bill Eisen stated the City had recently approved an agreement with United Water Solution for the repair and testing of various large water meters thorough the City. During the process, it was discovered that a number of the large meters needed repair. Staff instructed the company to proceed with the repairs as necessary which caused the amount to be higher than the $50,000 threshold which requires Council approval. This item is for the approval of the expenditure to United Water Solutions. Councilmember Thompson asked if the testing included a[I commercial meters within the City. Utility Billing Supervisor Meg McNulty stated the services for this invoices included testing and repairs on one hundred and ninety one of the seven hundred and fifty six large meters within the City. The testing is being done on a portion of the meters each year. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Page 8 of 18 — 6/27/2011 Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1449 -- 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; REQUIRING THE REIMBURSEMENT OF RATE CASE EXPENSES; 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. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1449 on its first reading. City Attorney Darrin Coker provided Council with a detailed overview of the past rate increase requests of Centerpoint Energy Entex. He stated this is the third rate increase request by Centerpoint Energy Entex and, although it is not a significant amount of money, the City needs to maintain consistency in opposing these types of requests. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TRAIL CONNECTIVITY PROJECT (PHASE 1). Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-63, City Manager Bill Eisen stated this action involves a couple of sections of the Trail Connectivity Project. The funding for this project is from several sources which include City funds, a grant from the Texas Wildlife Commission, and donated funds from Keep Pearland Beautiful. The proposed contract is with Mills Development & Construction, Inc. in the amount of $632,819.80. Councilmember Owens stated he would like information on the excessive cost of the benches, picnic tables, and water fountains. Page 9 of 18 -- 6/27/2011 Assistant City Manager Jon Branson stated this particular contract is the low bidder by $60,000. The line items mentioned by Councilmember Owens are higher than other bidders, but other line items are substantially lower. The benches are high quality benches that will be exposed to the environment all year. They are sealed and will be anchored by a separate foundation for each footing. The labor cost of this is about twenty-five percent. It is Staff's opinion that the prices seem to be excessive; however, they are the best deal when the overall bid is considered. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Jon Branson, Project Director Trent Epperson, and Richard McNamara, Clam Condon & Associates regarding the Resolution. Assistant City Manager Jon Branson stated, if this item is approved, he will contact the vendor and discuss options regarding the removal of the park benches and picnic tables. Councilmember Kyle stated that the Council has spent too much time debating this issue when the amount of savings on this project is considered. She does not think it is wise to allow $100,000 in grant money that the City competed for, won, and has received two extensions on go to the wayside. Councilmember Owens stated the project is a good one and the process he is requesting will not affect the grant money. The people of the City voted him onto Council to be a good stewardship of the money and that is what is going to do. Mayor Pro -Tem Sherman stated he is not opposed to this project, but is opposed to expenditures that he feels are not necessary. Councilmember Kyle called to question. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Motion passed 5 to 0. Voting "Aye" Councilmembers Owens, Saboe, and Kyle. Voting "No" Councilmembers Sherman and Thompson. Motion Passed 3 to 2. Councilmember Owens made the motion, seconded by Councilmember Saboe, to reconsider Resolution No. R2011-63. Voting "Aye" Councilmembers Owens, Saboe, and Thompson. Page 10 of 18 — 6/27/2011 Voting "Aye" Councilmembers Sherman and Kyle. Voting "No" None. Motion Passed 3 to 2. Councilmember Saboe stated he seconded this motion is because he believes it is important to provide Staff with direction regarding this bid. Councilmember Kyle stated there needs to be a solution that is not all or nothing. This is one section of this project and removing all of the benches and picnic tables from this one section will deprive the residents in this area of a benefit that residents in other areas will receive. Families as well as athletes will utilize this trail and they will use these benches and tables for multiple purposes. Councilmember Thompson stated there is no reason that the City could not go back at a later time and install the benches and tables. There is a need for benches and tables, but not at the prices in this bid. Mayor Pro -Tem Sherman stated, in a year where the City is not having employee increases and having to lease fire engines, it is not appropriate to spend this amount of money on benches and tables. Discussion ensued between Council, Assistant City Manager Jon Branson, City Attorney Darrin Coker, and Project Director Trent Epperson regarding the Resolution. Councilmember Kyle stated that she wants the record to be clear that these items are being taken out to allow the City the option of purchasing and installing the benches and tables at a reduced cost. Councilmember Owens made the motion, seconded by Councilmember Thompson, to approve Resolution 2011-63, with the park benches and picnic tables line items removed, and to direct Staff to review the option of purchasing and installing the equipment at a reduced cost. Voting "Aye" Councilmembers Thompson, Kyle, Saboe, and Owens. Voting "No" Mayor Pro -Tem Sherman. Motion Passed 4 to 1. Page 11 of 18 — 6/27/2011 COUNCIL ACTION -- RESOLUTION NO. R2011-69 — A RESOLUTION OF THE CITY ; COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF THE PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. Councilmember Thompson made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-69, After discussion no action was taken by Council. City Attorney Darrin Coker stated this item is to reappoint members to the Municipal Management District No. 1. Mayor Pro -Tem Sherman stated he is concerned that only one of these members is a Pearland resident and they are being appointed to a four-year term. It would be more beneficial to the City for residents to be appointed to this board. City Attorney Darrin Coker stated that it is his understanding that the individuals being appointed are agents of the individuals that own the property. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Thompson. Voting "No" Mayor Pro -Tem Sherman. Motion Passed 4 to 1. COUNCIL ACTION — THE APPROPRIATE USE OF ROBERTS RULES OF ORDER AS PART OF THE RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY OF COUNCIL, PER SECTION 2. VII OF RESOLUTION NO. R2000-143. City Council. Councilmember Owens Made the Motion, Seconded by Councilmember Saboe, to discuss the appropriate use of Roberts Rules of Order as part of the rules of procedure and order of business for the City of Council, per section 2. VII of Resolution No. R2000- 143. Councilmember Saboe stated Council passed Resolution No. R2000-143. This Resolution defines the rules of procedure for the Council and contains a general reference to the Roberts Rules of Order in that Resolution. He has raised this issue because of an event that occurred June 13, 2011, where Council tabled Ordinance No. 2000M-78. There was some discussion during that meeting and post meeting that lend themselves to the appropriate use of Roberts Rules of Order regarding the tabling motion. He had been absent from the chamber during a portion of the discussion on the issue, and he appreciated the other members of the Council waiting for him to return to make this motion. Since that meeting, he has had the opportunity to review the discussions that occurred while he was not in the chamber. If he had an understanding of this discussion previously, he would have had a strong objection and a point of order Page 12 of 18 — 6/27/2011 with the motion to table. He has done some research into the Roberts Rules of Order and would quote an expert parliamentarian "the fundamental principles of parliamentary f law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table and being undebatable and requiring only a majority vote and having the highest rank of all subsidiary motions, all debate is to stop, the Chair is to take a second and then quickly move to a vote on that motion to table." The notion of laying something on the table is in direct conflict with the principles in as much as the motion is intended to suppress debate. A simple majority vote should not suppress debate. In the principle and spirit of Roberts Rules of Order, even though there may be a clear majority in the room, the intention is to allow the debate to occur. This protects the rights of the minority to debate an issue. He asked that this item be placed on the agenda to allow a fair debate. If habitually used in this way, the motion to table, like other motions to suppress, require a two-thirds vote. The tenth addition of Roberts Rules of Order, which was passed after Resolution No. 82011- 143 was adopted, explains that it does not permit the use of the lay to the table motion to suppress the question. This rule has been in place for ten years and it is clear to him that the Council has abused this motion in the past. There have been many occasions that the Council has used the motion properly for the reasons of receiving more information. This Ordinance was originally tabled for this purpose; however, the continued motion to table has assaulted his fundamental rights as a minority member of the Council to continue to debate his point. City Attorney Darrin Coker stated generally speaking, everything that Councilmember Saboe stated regarding Roberts Rule of Order is accurate. The motion to table is one of the most misused motions by governing bodies that utilize Roberts Rules of Order because it is synonymous with the motion to postpone. This has been addressed by the Planning and Zoning Commission and the legal opinion was that technically when a motion to table is used, it is technically a motion to postpone. There is a difference between the two motions. The City has used the motion to table and treated it as the motion to postpone. In the future, to use the proper terminology associated with the Roberts Rules of Order, would be to postpone an item. The items can be postponed to a specific time or indefinitely and will require a majority vote. The difference will be that after a motion to postpone and item is approved, Council will be able to continue debate. The motion to table stops debate once it is approved. Discussion ensued between Council and City Attorney Darrin Coker regarding Roberts Rule of Order. No action taken by Council. Page 13 of 18 — 6/27/2011 COUNCIL ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M- 78 — 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 OR PARCEL CONTAINING 22.7711 ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011.04Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) ZONE, 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. City Council. Mayor Pro -Tem Sherman objected to the consideration of this following item based on the fact that there is an identical tabled item, and it is his opinion that this is an attempt to circumvent the process. Councilmember Saboe called a point of order and asked for clarification from the parliamentarian in the chamber to discuss the proper use of this agenda item request. City Attorney Darrin Coker stated this item is a duplication of a previous agenda item. Resolution No. R2000-142 is the local rule that applies to the Council and allows for two Councilmembers to request that an item be placed on the agenda for consideration. In this particular case the request is not to remove the previously tabled item from the table, but is to consider this as a new business item. Mayor Pro -Tem Sherman requested a ruling from the Chair. Councilmember Saboe requested that the Chair run the rulings of the day. Mayor Reid stated this is a legitimate placement of an item on the agenda by two Councilmembers, which is permitted, and is subject to the Council's consideration. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-79 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2011-04Z. Page 14 of 18 — 6127/2011 Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to postpone Ordinance No. 2000M-78 until July 25, 2011. Councilmember Saboe called a point of order and stated the motion to postpone is a clear violation of rights of the minority to debate and vote on this issue. It is an attempt of the majority to suppress the debate of this item. Councilmember Kyle stated she would like it recognized that the Councilmember making the motion is the same that consideration was given for him to return to the chambers before the vote was taken previously. She would ask that this Councilmember consider the courtesies that were extended to him and allow the same courtesies to be extended to the minority and allow the debate of this item and a vote to be taken. City Attorney Darrin Coker stated the point of order requires the Mayor to make a decision on the point of order. Once the motion was made to postpone, the debate can continue on the item. Councilmember Kyle stated the motion to postpone was out -of -order and not consistent with the Roberts Rules of Order. The motion was made in an attempt to circumvent the minority in direct contradiction to the courtesies that were extended to him. She would again ask the Councilmember that made the motion to extend that same courtesies he received and to the minority. She asked that the motion to postpone be withdrawn to allow the debate of this issue and a vote to be taken. Mayor Pro -Tem Sherman withdrew the motion to postpone. Councilmember Owens made the motion, seconded by Councilmember Thompson, to postpone Ordinance No. 2000M-78 to a future agenda. Councilmember Saboe stated this item has been thoroughly debated and a vote should be taken. He is asking for his right, as a Councilmember, to vote on this item. Discussion ensued between Council and City Attorney Darrin Coker regarding Ordinance No. 2000M-78. Councilmember Saboe stated he wanted to make it very clear for the record that he wants HEB to build on the corner, but that is not what he is voting on. The HEB store is not the issue, the issue is the zone change that will change the zoning of the property from a Planned Development to a General Business zoning. Discussion ensued between Council and City Attorney Darrin Coker regarding Ordinance No. 2000M-78. Page 15 of 18 — 6/27/2011 Councilmember Kyle stated the thing that is surprising to her is that the discussion regarding HEB discussing the Planned Development options with Staff has been continuing for several weeks. It is only in light of the recent event that this has occurred. She would like information on when this occurred and why the discussions have not been concluded and a response provided to Staff. She suspects that the purpose was to allow Council to have the ability to argue that a vote could not be taken because there were still discussions occurring or a new Council has not been set. Councilmember Owens stated the memo provided to Council includes information that Staff discussed the items with HEB representatives, but they are waiting to hear back because the representatives present did not have the authority to approve the proposed compromises. Discussion ensued between Council and City Attorney Darrin Coker regarding Ordinance No. 2000M-78. Councilmember Thompson stated many items have been tabled in the past for further review and further discussion, and now for this item it is not right. Councilmember Saboe stated now that it has been discovered that the motion to table is not the proper motion, it is not right to go forward using it as it was used in the past. Councilmember Thompson stated the current motion is not to table, but to postpone the item. This motion is proper under the Roberts Rules of Order. Councilmember Saboe stated all he is asking for is the right to vote and does not understand why he is not being allowed to that. The motion to postpone is violating his right as a minority because it was directly made to prevent him from casting a vote. Discussion ensued between Council and City Attorney Darrin Coker regarding Ordinance No. 2000M-78. Councilmember Owens withdrew his motion to postpone Ordinance No. 2000M-78. Councilmember Saboe a memo was provided regarding the opportunity for discussions to continue with HEB. The memo indicated that HEB representatives needed the opportunity to discuss items with their designers and other representatives. Mr. Saboe asked when the last conversation was conducted with HEB representatives regarding the item in the memo. Senior Planner Harold Ellis stated Staff last met with HEB representatives Wednesday, June 22, 2011. Page 16 of 18 -- 6/27/2011 Councilmember Saboe asked if it is Staff's opinion that this is a reasonable approach and if this is really an opportunity for compromise and if so, what were the indications of this. Senior Planner Harold Ellis stated during the discussion there was nothing that the HEB representatives strongly objected to, however, they wanted to review the cost ramifications with someone that was in a position to approve the costs. Staff left the meeting with the understanding that they would be provided information by this morning. The HEB representative present at this meeting stated that, as of 6:00 p.m. this evening, there was no news. Discussion ensued between Council, Planning Director Lata Krishnarao, Senior Planner Harold Ellis, and Burt Langdon, Landowner Group, regarding Ordinance No. 2000M-78. Mayor Pro -Tem Sherman stated that, based on the discussions presented, this item should possibly be postponed until the Council can be provided more information. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Thompson, to postpone Ordinance No. 2000M-78 to July 11, 2011. Mayor Pro -Tem Sherman stated he made the motion to postpone the Ordinance because there are outstanding issues regarding contracts between parties which may provide comfort to the Council as the issue is moved forward. There is also a possibility of agreements on some issues that may eventually lead to a Planned Development or may lead to agreements in place by the Planning and Zoning Commission and Council that may provide comfort. Councilmember Saboe stated he appreciates the information that was provided during this meeting. He sees the opportunity for compromise and that is all he wanted. Councilmember Thompson stated Staff needs to be directed that this is important to this Council. Discussion ensued between Council, City Manager Hill Eisen, and Planning Director Lata Krishnarao regarding Ordinance No. 2000M-78. Mayor Reid stated that, if the debate was concluded, there is a motion and a second on the floor to postpone Ordinance No. 2000M-78 to July 11, 2011 and called for a vote. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" Councilmember Kyle. Motion Passed 4 to 1. Page 17 of 18 — 6/27/2011 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Item passed to a future agenda, no action taken by Council. ADJOURNMENT Meeting was adjourned at 12:54 a,m. Minutes approved as submitted and/or corrected this the 25th day of July, A.D., 2011. Tom Reid ` Mayor ATTEST: Page 18 of 18 — 6/27/2011