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2011-09-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 26, 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 Tom Reid Councilmember Woody Owens Councilmember Scott Sherman Councilmember Susan Sherrouse Councilmember Felicia Harris City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Ed Thompson Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Kelly Sears Interim EMS Operations Director. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid and Councilmember Sherrouse presented a Proclamation proclaiming October 8 — 15, 2011 as "Spay -Neuter Week" to Nancy Kozanecki, Tammy Dexter, and Animal Control Manager Shari Coleman. Mayor Reid reported September 20, he attended the Houston -Galveston Area Board of Directors Meeting; September 21, attended the BayTRAN Luncheon; September 22, he attended the Houston—Galveston Area Council Transportation Policy Council Board of Directors Meeting; September 23 attended the Adult Reading Center Book Sale; September 24, attended the VFW BBQ Fundraiser, the Eagle Scout Troop 404 BBQ Fundraiser, and spoke at the Eagle Scout Troop 464 Court of Honor; September 25, attended the Dedication of the Pearland Independent School District York School with Councilmember Sherman and the 62"d Annual China Independence Day Gala. Mayor Reid stated Councilmember Susan Sherrouse was recently selected as the 2011 Planning Commissioner of the Year for the State of Texas. Page 1 of 13 — 9/26/2011 COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended the Harris County Mayor and Councilmember Meeting and the Brazoria County Cities Association Meeting. Councilmember Sherman the Adult Reading Center Annual Book Sale was this previous weekend. The sale of these books benefits the Adult Reading Center which provides literacy services to adults that cannot read. They also just received a $150,000 grant to begin teaching Citizenship Classes. There is also a golf tournament coming October 28, 2011. He also attended the dedication ceremony for the newest elementary school in Shadow Creek Ranch. Mayor Pro -Tem Thompson was absent. Councilmember Harris stated she attended many events, but would like to mention three. The first was the Constitutional Forum at Freeport's Municipal Park which was well attended. She also attended the John Smith Memorial Fish Drive and a meeting that focused on the changing face of education in the State of Texas. Councilmember Sherrouse stated she attended the Adult Reading Center Book Sale and had a meeting with the City's Information Technology Department to discuss issues with connectivity. She did receive notification that she was selected as the 2011 Planning Commissioner of the Year for the State of Texas. CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended BayTRAN Meeting where a representative from the Port of Houston spoke on the economic impact on the port and the region. It was stated that even in the current economy there has been an increase in things coming into the port. CITIZENS John Gordon, 3103 Creek Bank Lane, addressed Council and stated he knows the City has worked hard on the current budget and he appreciates that. One way to cut cost is to utilize Staff instead of paying money to outside vendors to do engineering services. When the economy gets better the City can begin to utilize their services again. DOCKETED PUBLIC HEARING: None Page 2 of 13 — 9/26/2011 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 21, 2011, Special Meeting held at 8:00 p.m. 2. Minutes of the April 1, 2011, Special Meeting held at 5:00 p.m. 3. Minutes of the August 22, 2011, Public Hearing held at 6:30 p.m. 4. Minutes of the August 22, 2011, Regular Meeting held at 7:30 p.m. 5. Minutes of the September 12, 2011, Special Meeting held at 6:00 P.m. 6. Minutes of the September 12, 2011, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF JERRY ACOSTA TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS IN POSITION NO. 5, FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR 1310 - SOLID WASTE DISPOSAL SERVICES. Mr. Bill Eisen, City Manager. Councilmember Sherman asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Harris asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through C with the exception of items B and C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. Page 3 of 13 — 9/26/2011 MATTERS REMOVED FROM CONSENT AGENDA: As requested by Councilmember Harris Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF JERRY ACOSTA TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS IN POSITION NO. 5, FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Consent Item B. Councilmember Harris stated she removed this item from the Consent Agenda to ask the question of whether anyone else was evaluated as a candidate for this position. Mayor Reid stated Mr. Acosta has been an alternate on this board and has attended most of the meetings. The City prefers to appoint a person with experience with this particular board and replace the alternate position. Councilmember Harris stated the standard practice to fill a vacancy on this board is to allow Council to review applications and conduct an interview process. She has no issues with Mr. Acosta; however, in the interest of fairness and transparency, the full Council should have had an opportunity to complete the process. Voting "Aye" Councilmembers Sherrouse, Sherman, and Owens. Voting "No" Councilmember Harris. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. As requested by Councilmember Sherman Consent Agenda Item C was removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011.112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR BIO - SOLID WASTE DISPOSAL SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Consent Item C Resolution No. R2011-112. Page 4 of 13 — 9/26/2011 City Manager Bill Eisen stated this item is the renewal of a contract for the bio -solid waste disposal services. Councilmember Sherman asked for clarification of why this contract was not included in the larger waste management contract. City Manager Bill Eisen stated this contract is for a different type of waste that was not included in the larger contract. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. NEW BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 1453 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, AND PAY PLANS FOR FISCAL YEAR 2012. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1453 on its second and final reading. City Manager Bill Eisen stated this item is to approve the budget which has been the topic of several Workshops and Public Hearings. Councilmember Owens stated he commends City Manager Bill Eisen and Staff for the work they did on this budget. It was not an easy task. Councilmember Harris stated she also commends Staff for their efforts on this budget. For reasons she has explained at previous Council meetings, she will respectively disagree and vote against this budget because it cannot be fully funded without a tax increase. Voting "Aye" Councilmembers Sherrouse, Sherman, and Owens. Voting "No" Councilmember Harris. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. Page 6 of 13 — 9/26/2011 SECOND AND FINAL READING OF ORDINANCE NO. 1454 — AN ORDINANCE ADOPTING A TAX RATE OF $0.6851 AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2011. Mr. Bill Eisen, City Manager, Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to approve Ordinance No. 1454 and to adopt a tax rate of $0.6851, which is a property tax rate increase over the effective tax rate of 2.39% on its second and final reading. Councilmember Harris stated, for the record, she will refer to her comments in prior Workshops and Public Hearings in opposition to the tax rate increase. Voting "Aye" Councilmember Owens, Sherman, and Sherrouse. Voting "No" Councilmember Harris. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-117 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) 2012-2016. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Harris, to approve Resolution No. R2011-117. City Manager Bill Eisen stated this item is for the adoption of a Capital Improvement Plan that covers fiscal years 2012 — 2016. This improvement plan is a planning document and is not set in stone. Mayor Reid stated the Capital Improvement Plan is the responsibility of the Planning and Zoning Commission. Each year the commission, Engineering Department, and Planning Department work together to develop the plan and submit it for approval by Council. Councilmember Sherrouse stated this plan includes projects the City has decided are important to complete within the next five years. These projects include drainage, streets, parks, water, and wastewater. She encourages everyone to look at the City website to see what is being approved. Voting "Aye" Councilmembers Sherrouse, Harris, Sherman, and Owens. Voting "No" None. Page 6 of 13 — 9/26/2011 Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-116 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE KEEP PEARLAND BEAUTIFUL. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-116. City Manager Bill Eisen stated this item is for the approval of a contract between the City and Keep Pearland Beautiful to provide funding for the John Hargrove Nature Center. The Parks and Recreation Department contacted a consultant and received a price quote in the amount of $53,066 for the design services for Phase 2 of the project. The Keep Pearland Beautiful Board has approved the reimbursement of $43,786 to the City. The city will be responsible for the difference for the survey work that will need to be done for the project. These monies are available and have been allocated from the Park Development fund. Delores Fenwick, 1910 Washington Irving, addressed Council and stated she is present representing the Keep Pearland Beautiful Board and would like to ask Council to consider approving this Resolution. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-113 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AMENDING THE VOLUNTEER STIPEND PROGRAM FOR THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-113. City Manager Bill Eisen stated several years ago the City adopted a stipend program for volunteer members of the Pearland Fire Department, in an amount not to exceed $8,000 per month. Fire Station No. 6 is expected to open in the 2012 Fiscal Year and the additional fire station will need additional volunteers therefore we are requesting an increase to $8,617 per month beginning 1 October 2011. The total amount budgeted reflects the monthly maximum stipend plus Social Security. Page 7 of 13 — 9/26/2011 Voting "Aye" Councilmembers Sherrouse, Harris, Sherman, and Owens. - Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY. Mr. Danny Cameron, Director of Public Works. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-111. City Manager Bill Eisen stated this item is an annual agreement with Brazoria County. The terms of the agreement are that the City provides materials and fuel for equipment and Brazoria County provides the equipment and employees for street overlay projects within the City. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EXTENSION OF PUBLIC LIBRARY SERVICES AGREEMENT. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-110. City Manager Bill Eisen stated the City entered into an agreement with Brazoria County in April 2010 to provide a library substation on the west side of the City. This item is for the approval of a contract for another year with the City's contribution being identical to the previous agreement. Discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Page 8 of 13 — 9/26/2011 Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011.114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING CANDIDATE(S) FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-114. City Manager Bill Eisen stated this item and the following two items are for Council to nominate a person to be considered by all of the taxing entities in the three individual counties. If the nominations are approved by Council, there will be an election process that must be completed prior to the appointment. Ms. Jo Knight has been nominated in the past and has indicated that she is willing to continue to serve. Councilmember Sherman stated he does not have an issue with the nomination of Ms. Jo Knight; however, he would like to see new individuals considered for this item and the following two. Councilmember Harris stated in each of these three items, Council has been asked to nominate individuals that have been serving previously. She would like Council to be provided with more individuals who are qualified to serve on these boards. Discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Brazoria County Commissioner Stacy Adams stated for the first time in many years the north end of the county has two votes and because of this it is possible to split the votes. Discussion ensued between Council, City Manager Bill Eisen, and Brazoria County Commissioner Stacy Adams regarding the Resolution. Voting "Aye" Councilmembers Owens, Harris, and Sherrouse. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. Page 9 of 13 — 9/26/2011 COUNCIL ACTION — RESOLUTION NO. R2011-115 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Harris, to approve Resolution No. R2011-115. Councilmember Sherman stated that he will not support this item because the option to review other candidates was not provided. Voting "Aye" Councilmembers Sherrouse, Harris, and Owens. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. COUNCIL ACTION — RESOLUTION NO. R2011-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE FORT BEND COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-119. Councilmember Sherman stated that he will not support this item because the option to review other candidates was not provided. Voting "Aye" Councilmembers Owens, Harris, and Sherrouse. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Mayor Pro -Tem Thompson absent. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1455 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY, BEING A 1.162 ACRE PARCEL OF LAND, LOCATED IN THE DERRIL H. M. HUNTER SURVEY, ABSTRCT NO. 36 AND THE TOMAS J. GREEN SURVEY, ABSTRCT 290 OF HARRIS COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF SECTION G OF THE ALLISON-RIVHEY GULF COAST HOME COMPANY PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, MAP RECORDS OF HARRIS COUNTY, FOR THE Page 10 of 13 — 9/26/2011 CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY IMPROVEMENTS ON l 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 SAID PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN. Mr. Darrin Coker, City Attorney. Councilmember Sherrouse made the motion, seconded by Councilmember Harris, to approve Ordinance No. 1455 on its first reading. City Attorney Darrin Coker stated this item is for the purpose of acquiring property for the Barry Rose Project. The caption appears differently because of recent legislation requiring more transparency regarding the acquisitions. Voting "Aye" Councilmembers Owens, Sherman, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S FINANCIAL MANAGEMENT POLICY STATEMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Harris, to approve Resolution No. R2011-118. City Manager Bill Eisen stated the Governmental Accounting Standards Board (GASB) issues new requirements with regard to financial statements and recently passed (GASB) Statement No. 54. This Statement requires the City to designate an official to assign fund balance amounts for a specific purpose as well as to adopt of order of expenditure from fund balance. It also requires fund balances to be classified as non - spendable, restricted, committed, assigned, or unassigned. This item is to approve the City's Financial Management Policy Statement to reflect these requirements. Voting "Aye" Councilmembers Sherrouse, Harris, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. Page 11 of 13 — 9/26/2011 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:03 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. 2. SECTION 551.074 — PERSONNEL MATTERS — DELIBERATIONS REGARDING THE APPOINTMENT OF A DIRECTOR OF COMMUNITY DEVELOPMENT. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:49 p.m. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council CONSIDERATION AND POSSIBLE ACTION — DELIBERATIONS REGARDING THE APPOINTMENT OF A DIRECTOR OF COMMUNITY DEVELOPMENT. City Council. Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to appoint City Engineer Narciso Lira as the Director of Community Development. Voting "Aye" Councilmembers Sherrouse, Harris, Sherman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Thompson absent. ADJOURNMENT Meeting was adjourned at 9:50 p.m. Page 12 of 13 — 9/26/2011 Minutes approved as submitted and/or corrected this the 10th day of October, A.D., 2011. Tom Reid Mayor ATTEST: ''w 3 411• Yo g LF ng, R C , Ci Sec tary54• Page 13 of 13 — 9/26/2011