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2012-04-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 23, 2012, 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 Susan Sherrouse Councilmember Felicia Harris Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Scott Sherman 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; Roland Garcia Fire Marshal; Claire Bogard Finance Director; Daniel Baum EMS Operations Director; Bob Pearce Purchase Officer; Joel Hardy Grants Coordinator; Sparkle Anderson Public Affairs Manager; Rick Overgaard Assistant Finance Director; Johnny Spires Police Chief. The invocation was given by Councilmember Sherrouse and the Pledge of Allegiance was led by Police Chief J. C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid and Police Chief J. C. Doyle presented Gina Mendez, Velma Guadiana and Yara Saldana with a Proclamation proclaiming "Crime Victims' Rights." Mayor Reid presented Fire Marshal Roland Garcia, Deputy Fire Marshal Shohn Davis, Deputy Fire Marshal Greg Bozdech, Fire Inspector Cassie Morgan, along with the Brazoria County Fire Marshal and the Harris County Fire Marshal with a proclamation proclaiming May 6, through May 12, "Arson Awareness Week." Mayor Reid and Councilmember Owens presented a representative for the Knights of Columbus with a proclamation proclaiming "The 25th Annual Crawfish Festival." Mayor Reid reported April 10, he attended the Keep Pearland Beautiful Environmental Fair; April 11, attended Commissioner EI Franco Lee Reception; April 12, attended the Ribbon Cutting for San Jacinto Historic District Monument, and the Houston's State of the City Address by Mayor Annise Parker; April 16, attended the City Council Agenda Page 1 of 8 — 4/23/2012 Meeting, City Council Special Meeting and Workshop; April 17, attended the Houston Galveston Association Council Monthly Board of Directors meeting; the Parks Educational Seminar with Dr. Crompton; April 19, attended the City of Pearland Chamber Leadership Council, Chamber Luncheon featuring Dr. Bill Staples of University of Houston Clear Lake with Councilmember Woody Owens and Councilmember Susan Sherrouse, joined Director of Community Development Lata Krishnarao at Silverlake Elementary School for a High Five event to educate about healthy eating habits; joined Assistant City Manager Jon Branson for a presentation at Country Place Women's Association, Keep Pearland Beautiful After Hours Business Reception and the Library Board Meeting; April 20, attended the Presentation of Awards at the Recreation Center for Youth Group; April 21, attended the O' Day Drilling 100 Year Anniversary Celebration and presented an award at the Pearland Idol Awards Presentation; April 23, attended the Kids -R -Kids Week of the Young Child, the Ribbon Cutting for Parks Trails and served as a Chairperson for the Development Authority Board of Directors Meeting. COUNCIL ACTIVITY REPORTS: Councilmember Owens stated on April 12, he attended a reception in Pasadena with Mayor Johnny Isbell, April 17, Candidates Night, Homeowner Association in Green Tee; April 18, he was as invited to play in a Golf Tournament for the La Port Education Foundation; April 19, attended the City of Pearland Chamber Luncheon and the Greater 288 Partnership meeting, April 20, attended the BBQ event for Lieutenant David Dewhurst. Councilmember Sherrouse stated on April 8, attended the Silverlake Lions monthly meeting. April 17, attended the Los Angeles National American Association Conference which involved a full day of seminars including several topics reinventing general plan, change of the business plan, budget battles, and local impact of federal budget. This afternoon she attended the Mary's Creek Trail Ribbon Cutting. Mayor Pro -Tem Sherman absent. Councilmember Harris stated she attended the Dow Texas Operations Community Update, where they announced their intentions to build a new Cracker which will bring over 2,000 new jobs to our area. April 21, attended the Texas Aggie Musterd and honored Aggies who passed in our region at the Brazos Port College, in College Station. She also attended the Brazoria County Alliance for Children's Fundraiser called the Hope in Healing for Children in Brazoria County Fairgrounds. Personally attended the Republican Convention in Galveston County and Brazoria County with representatives attending the Jefferson County convention. Ms. Harris stated she had the opportunity to give a short speech at the two conventions which she attended. Councilmember Hill stated he attended many events on April 10, he attended the Rotary Page 2 of 8 — 4/23/2012 Luncheon attended by guest speaker, U. S. Representative Pete Olson, April 12, He also attended the Presentation of the Gateway Monument with Mayor Reid, also attended the State of the City from Mayor Anise Parker, April 17, attended the Pearland Area Republican Club Meeting; Lions Club Meeting, April 19, attended the City of Pearland Chamber Leadership Council, Chamber Luncheon featuring Dr. Bill Staples of University of Houston Clear Lake, attended the Stella Roberts Recycling Center After Hours put on by Keep Pearland Beautiful; that same evening also attended the Natatorium Volley Ball Booster Club Scholarship Committee to help determine who will receive a scholarship; April 20, attended the breakfast for the Boy Scout at the Busy Bee Cafe, and attended a Lions Club District Convention in Sugar Land and today attended the Mary's Creek Ribbon Cutting for Parks Trails Mayor Reid recognized anyone running for office. Councilmember Felicia Harris stated she is running for Congressional District Position No. 14, currently held by Ron Paul and is now retiring. She reminded everyone that election is May 29, 2012, early voting starts May 14, 2012, through May 25, 2012, Herb Fain stated he is currently running for City Council Position No. 4 Tammy Dexter stated she is running for City Council Position No. 4. CITY MANAGER'S REPORT: City Manager Bill Eisen reported he had the opportunity to attend along with Assistant City Manager Mike Hodge a kickoff meeting for water planning effort in Brazoria County. He stated the City participated in a Grant Application with 17 other entities within the county to do some long term water planning for all of Brazoria County. The first meeting was last week and the projected schedule for having a draft report is August of 2013. Mr. Eisen recognized the Finance Director Claire Bogard and her staff with an award to the City of Pearland for the "2012 silver Leadership Circle Award." CITIZENS: Charles McMurray 5219 Spring Branch Drive addressed Council and stated he wanted to congratulate Councilmember Harris for doing a great job of running for Congress and her continual service as Councilmember all at the same time. He stated that he read the Executive Session for evaluation of the City Manager. Mr. McMurray stated he has had the pleasure of speaking and working with Mr. Eisen. He feels Mr. Eisen is highly competent and very professional. City of Pearland is very fortunate to have Mr. Bill Eisen, as City Manager. He lastly stressed that during election Candidates should be reminded that they need to file their campaign reports. Page 3 of 8 — 4/23/2012 Billy and Denise Kutta 5233 Magnolia Street addressed Council and stated that they have a drainage problem previously voiced on March 26, 2012. At that time it was understood that the City was going to do away with the detention pond, the pipes and the pond. Since then none of these things have done. He stated this is a consuming issue and a frustrating situation. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 27, 2012, Regular Meeting held at 7:30 p.m. 2. Minutes of the March 12, 2012, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2012, DUE TO THE MEMORIAL DAY HOLIDAY. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherrouse, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Hill, Harris, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0. Councilmember Sherman absent. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2012-52 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 BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4 ("DISTRICT") FOR THE OPERATION AND MAINTENANCE OF THE DISTRICT'S WATER AND SEWER SYSTEM. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-52. Page 4 of 8 — 4/23/2012 City Manager Bill Eisen stated this item was on the agenda two weeks ago. Municipal Utility District No. 4, will be annexed into the City on December 31, 2012. Due to some water and sewer operating issues they currently have with a private company they have approached the City about the potential for the City to operate the system until the time of annexation. At the time of annexation the City will take on ownership and responsibility for the system. Today for approval is the actual agreement which has been negotiated and worked out with MUD 4. The MUD 4 Board met today, and is in agreement with most of the terms and agreements. However, there were a couple of changes that were requested and have been included in the action that they took. Mr. Eisen gave an overview of the changes made to the agreement. Councilmember Owens asked if anyone has been out to inspect the system and where the capital funds will be coming from. Claire Bogard stated there is a budget adjustment along with the approval of a contract, the funds from the water and sewer fund capital will be coming from cash. The capital cost will be recovered in the future from the water and sewer fees. Discussion ensued between Council and Claire Bogard Finance Director regarding revenue and fees. Voting "Aye" Councilmembers Owens, Sherrouse, Harris, and Hill. Voting "No" None. Motion Passed 4 to 0. Councilmember Sherman absent. COUNCIL ACTION — RESOLUTION NO. R2012-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH CERTAIN SIDEWALK/DRAINAGE IMPROVEMENTS (HAWK ROAD, S. HOUSTON STREET, AND WALNUT STREET). Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-53. City Manager Bill Eisen stated this is a proposed expenditure of funds from Community Development Block Grants. Due to the nature of the grant federal funding can only be used in a targeted area as defined by the Department of Housing and Urban Development. The proposed projects that would be included are sections of sidewalks along Hawk Road, South Houston and Walnut. Voting "Aye" Councilmembers Hill, Harris, Sherrouse, and Owens. Page 5 of 8 — 4/23/2012 Voting "No" None. Motion Passed 4 to 0. Councilmember Sherman absent. FIRST AND ONLY READING OF ORDINANCE NO. 1463 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (CULLEN PARKWAY), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Harris, to approve Ordinance No. 1463 on its first and only reading. City Manager Bill Eisen -stated this item is a speed study conducted by the Texas Department of Transportation which was the lead agency on the widening and improving the Cullen Boulevard from City limits, north City limits to Broadway. In conjunction with to the speed study process TxDOT is recommending a speed limit of 45 miles per hour and has requested that City Council adopt an ordinance which I implements that speed limit. Voting "Aye" Councilmembers Hill, Harris, Sherrouse, and Owens. Voting "No" None. . Motion Passed 4 to 0. Councilmember Sherman absent. FIRST AND ONLY READING OF ORDINANCE NO. 1462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADDING ARTICLE 5, ETHICS, TO CHAPTER 2, ADMINISTRATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES AND APPROVING THE REVIEW PANEL HEARING PROCEDURES; DECLARING AN EMERGENCY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherrouse, to approve Ordinance No. 1462 on its first and only reading. City Attorney Darrin Coker stated the City Council previously conducted 3 workshops regarding the proposed ordinance, and most recently indicated a desire to proceed with Page 6 of 8 — 4/23/2012 adoption of the same. The only modifications since the last workshop include a specific reference to the Mayor as a city official in Section 2-75, and a clarification of Section 2.82 (a) making it clear that the ordinance would not prohibit City Council Candidates from meeting with city employees for political campaign purposes, provided it is a public political forum for which all of the candidates are invited to participate. Councilmember Owens asked for clarification on Section (e) page (4) of the Resolution and if this was bringing in the Administrative Board, Pearland Economic Development Board, and the Planning and Zoning Board. City Attorney Darrin Coker stated yes, it applies to those boards and in some cases to the Zoning Board of Adjustments. According to the Resolution, if a Boardmember has served a term which has expired within a 12 month period, and the Boardmember develops an interest in a business that conducts business with the Pearland Economic Development Corporation, the board member is required to disclose that information. Discussion ensued between City Council and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Hill, Harris, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0. Councilmember Sherman absent. COUNCIL ACTION — RESOLUTION NO. R2012-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR STANDBY GENERATOR PREVENTATIVE MAINTENANCE. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012- 54. City Manager Bill Eisen stated City Council approved a bid award in some time last year to Waukesha -Pearce Industries, Inc., for preventive maintenance services to be performed on City generators as emergency backups located throughout the city. The contract approved at that time had the opportunities to renew the contract for an additional year as long as the company does not increase the price more than the consumer price indexed over the 12 month period. In the this particular case Waukesha -Pearce Industries, Inc., has asked to renew their contact and agreed to waive any price increase. Voting "Aye" Councilmembers Owens, Sherrouse, Harris, and Hill. Page 7 of 8 — 4/23/2012 Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2011 - 2012. City Council. NEW BUSINESS (CONTINUED): 6. CONSIDERATION AND POSSIBLE ACTION —REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2011 - 2012. City Council. Councilmember Sherrouse moves to postpone this action seconded by Councilmember Hill due to Mayor Pro -Tem Sherman's absence. Voting "Aye" Councilmembers Owens, Sherrouse, Harris, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. ADJOURNMENT Meeting was adjourned at 8:54 p.m. Minutes approved as submitted and/or corrected this the 9th dayMD,, A.D., 2012. Tom Reid Mayor ATTEST: D+ ngi =-- y Se tary�` Page 8 of 8 — 4/23/2012