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2012-01-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 9, 2012, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:35 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Ed Thompson Woody Owens Scott Sherman Susan Sherrouse Felicia Harris Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Bonita J. Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira Director of Community Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director. The invocation was given by Mayor Pro -Tem Ed Thompson and the Pledge of Allegiance was led by Joseph Cardenas Scout, Troop No. 468 First Class. Councilmember Harris announced she is currently running for Congressional District No. 14. That is the district currently being represented by Congressman Ron Paul, who has decided to retire. Mayor Pro -Tem Ed Thompson stated he is currently running for House District No. 29, currently being represented by Randy Weber. He further stated he appreciates all the support. MAYOR'S ACTIVITY REPORT Mayor Reid reported on December 14, he attended the Adult reading Center Board of Directors meeting, December 15, attended the Chamber Leadership Council Meeting, attended the Parks Recreation and Beautification Christmas Luncheon, the C.J. Harris Children's Christmas Pageant, December 16, attended the H -GAC Board of Directors Meeting, December 21, attended the Exchange Club Luncheon, the Eagle Scout Court Page 1 of 9 — 1/09/2012 of Honor, December 22, attended the retirement reception for Mattie Culver and presented her with a Proclamation, January 3, attended the City Council Agenda Meeting, and on January 4, attended the Trees for Pearland Meeting to prepare for Arbor Day. Mayor Reid and Councilmember Sherrouse presented a Proclamation to Tammy Dexter and Alicia McNichols proclaiming January, 2012 as "Operations Paperback Month." Mayor Reid and John Walters, Urban Foresters presented a Proclamation to Laura Austin proclaiming January 14, 2012 as "Arbor Day." COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended all the regular activity he usually attends around Christmas and New Year. He also stated he enjoyed the time off. Councilmember Sherman congratulated the Manvel Mavericks on their run to state. He stated while they were not successful in achieving the title, he wanted to recognize them as a lot of them are Pearland residents. It is his hope to recognize their achievements in the next couple of weeks. Last week attended the west side library meeting with City Manager Bill Eisen, Commissioner Stanley, Commissioner Adams, and Kathy Threadgill. The meeting was successful and making progress. He hopes to have solid information from the county soon to move forward with the store front location. Mayor Pro -Tem Thompson knocking on doors busy with the campaign. He added that it is gratifying to see the good responses from the community about the City of Pearland and the staff. Councilmember Harris reminded everyone that the United States Supreme Court heard arguments about the redistricting challenges that have been going on in Texas. She stated that currently the Primary date has been set to April 3rd and is no longer scheduled for March. Councilmember Harris went on to stated that it was her understanding the Supreme Court did not rule today and encouraged everyone to vote and to stay informed because the dates are still subject to change. Councilmember Sherrouse stated the holidays were wonderful and she took the opportunity to relax and recharged. She is looking forward to getting back into things. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Sparkle Anderson, Public Affairs Manager and gave a brief on her past work experience. CITIZENS Page 2 of 9 — 1/09/2012 Larry Marcott, 3606 Inverness Court, addressed Council and stated he was back on a previous issue being street lights and Centerpoint. There is a lot of lights out throughout town costing the City approximately $8 to $10 a month. He further stated the City should consider getting other jurisdiction involved. Carol Artz-Bucek, President and CEO of the Pearland Chamber of Commerce, addressed Council and stated it is time for their annual banquet. On January 26th the Chamber will be celebrating their 50th year anniversary at the Knights of Columbus. She further welcomed Rusk Wilkins, Chairman of the Board for 2011 along with Tony Carbon the newest Chairman of the Board. Councilmember Owens asked how the City is currently being billed by Centerpoint regarding the traffic lights. City Manager Bill Eisen stated he believes it is being billed per light per month fee. Included in these fees should be for the electricity and the maintenance fees, both lacking in this case. The City has had numerous discussions about on this issue. There has been at one point discussions regarding a City in the surrounding area contemplating legal action regarding same. The City may consider joining in with other Cities since direct communication certainly is not getting the response the City would like to see. Mr. Eisen stated he will gather more information regarding this item for discussion on a future agenda. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the December 12, PM. 2. Minutes of the December 7:30 P.M. 2011, Regular Meeting held at 7:00 12, 2011, Regular Meeting held at B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF DAVID A.K. SMITH TO POSITION NO. 4, TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS FOR A 2— YEAR TERM EXPIRING NOVEMBER 1, 2013. Mayor Tom Reid. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-1 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY Page 3 of 9 — 1/09/2012 OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR AMMUNITION. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENTS OF TERRY W. SMITH TO POSITION NO. 5 AND WILLIAM T. TRBULA TO POSITION NO. 6 TO SERVE ON THE PARKS RECREATION AND BEAUTIFICATION BOARD FOR A 3 — YEAR TERM EXPIRING NOVEMBER 1, 2014. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2012-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DESTINATION MARKETING AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE; AUTHORIZING A METHOD OF SELECTION OF AN EMPLOYEE TO OVERSEE THE DESTINATION MARKETING PROGRAM; AND PROVIDING GUIDANCE ON THE CREATION OF A BOARD TO MANAGE OR PROVIDE RECOMMENDATIONS REGARDING THE PROGRAMS AND ACTIVITIES OF THE CITY'S HOTEL OCCUPANCY TAX FUND. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-8. City Manager Bill Eisen stated the Council has had a couple of Workshops regarding the overall Destination Marketing program. Based on those discussions the following is a summary of items suggested for the Council to consider. One of the proposed items is to move forward with the interim agreement or continuation of the existing contract with the Chamber of Commerce for the remainder of the fiscal year, along with some other issues with regard longer term questions and secondly in the category of shorter term issues currently we are without a Destination Marketing Director. The Council has indicated they would like see a process developed to fill that position. Both of these interim issues are designed to make sure to not lose moral and momentum in terms of Page 4 of 9 — 1/09/2012 the ability to advertise and promote the City as a destination for tourism. We have put together some information with regards to those issues provided here in your packets. Mr. Eisen continued to provide Council with a detailed overview of the Destination Marketing proposed budget along with the long and short term options. Councilmember Owens asked City Attorney Darrin Coker to clarify the expenditures mentioned on page (3) Item No. 8 of the memo in the packet regarding the funds to be overseen and administered. Darrin Coker, City Attorney stated that one of the issues that have been discussed is how the funds in general are to be administered and overseen. One of the discussions was to either have a City Board or a Private Board. City Attorney Darrin Coker continued to provide City Council with differences and options between the two boards. Councilmember Sherman asked what the time frame was to Workshop the issues for the Board Structure. City Manager Bill Eisen stated that he feels the Council has been provided a reasonable summation and three months should be enough time to proceed with a workshop. Councilmember Harris requested clarification on the duties of the suggested new hire for Director of Destination Marketing. Discussion ensued between City Council, Mayor Tom Reid and City Manager Bill Eisen regarding the primary function of the Director of Destination Marketing, and the Advisory Board, the oversight of a separate entity regarding the Arts and the Historic Preservation. Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to call for the vote. Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion. Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 5 of 9 — 1/09/2012 COUNCIL ACTION — RESOLUTION NO. R2012-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF APPROXIMATELY $4,000,000 UNLIMITED TAX REFUNDING BONDS, SERIES 2012. Mr. Darrin Coker, City Attorney. Councilmember Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-7. City Manager Bill Eisen stated City Attorney Darrin Coker was ready to present the item. City Attorney Darrin Coker stated this item was presented to Council last year in which they had the opportunity to review the bonds and funds. He further gave a brief overview of the bond order and stated that there was a representative from RBC, to answer any questions. The representatives for RBC stated to one day reduce the district tax rate impact. A savings of about $30,000.00 per year in debt service with no existence of insurance. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 MITIGATION POND PROJECT. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-4. City Manager Bill Eisen stated this is a proposed award of a bid for construction mitigation of the Ponds Project and in association with State Highways 35 widening currently on the under way. We are recommending to the Council awarding of the bid to Lindsey Construction Incorporated being the lowest bidder in the amount of $519,211.00. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens. Page 6 of 9 — 1/09/2012 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-160. City Manager Bill Eisen stated this is an agreement with Brazoria County for the Runoff Election. The terms are identical for the original Special Election in December with the exception of the dates. Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR MASS NOTIFICATION SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-2. City Manager Bill Eisen stated for the last three years the City has had an agreement with Blackboard Connect which is a mass telephone calls system. The system is used for various purposes such as major emergencies and road closing within the City. Mr. Eisen continued to state the City has taken new bids for contracts for this type of service. As a result staff committee that utilizes these services recommends Everbridge in the amount of $24,500.00 annually for a three year term. For several reasons such as cost and other aspects believed to be to the City's advantage. Councilmember Sherman asked if anyone had talked to other Cities that have used Everbridge in the past. Finance Purchasing Officer, Bob Pearce stated that he had check on approximately four references and all were good. Mayor Pro -Tem Thompson asked what the process system in contacting residents Page 7 of 9 — 1/09/2012 regarding billing problems prior to their water service being disconnected. Finance Director Claire Bogard stated the Utility Billing is live with their IVR system. Citizens may call in thorough their telephone system and get information to pay online or speak to a live person at anytime. She further stated that the system is intergraded to the billing system software and would also work to push calls out to the residents based on their information on file. This service would inform the resident that their service is going to be cut off. Discussion ensued between Council, Finance Director Claire Bogard, and Purchase Officer Bob Pearce regarding the mass connect system. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-9 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PVC PIPE. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-9. City Manager Bill Eisen stated during the work session earlier this evening there was a referenced made by Project Director Trent Epperson to the Belle Vita waterline. Some portions of the pipe are to be purchased and installed by the City. We recommend that the bid be awarded to Furgeson Waterworks in the amount of $54,920.00. Discussion ensued between Council and Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: None. ADJOURNMENT at 9:00 p.m. Meeting was adjourned at 9:00 p.m. Page 8 of 9 — 1/09/2012 Minutes approved as submitted and/or corrected this the 13th day of February, A.D., 2012. ATTEST: • 1� • . ecretft Tom Reid Mayor Page 9 of 9 — 1/09/2012