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2013-01-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 28, 2013, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:31 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Susan Sherrouse Councilmember Woody Owens Councilmember Scott Sherman Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Maria Rodriguez Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Andrea Broughton Deputy Director/City Engineer; Michelle Smith Director of Parks and Recreation; Sparkle Anderson Public Affairs Manager; Harold Ellis Senior Planner; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief; Lawrence Provins Assistant City Attorney II; Pat Riffel Municipal Court Administrator; Robert Pennington Budget Coordinator; Ian Clowes Planner II. The invocation was given by Mayor Tom Ramsey of the City of Spring Valley and the Pledge of Allegiance was led by Councilmember Owens. MAYOR'S ACTIVITY REPORT: Mayor Reid and Councilmember Hill presented a proclamation proclaiming February 5, 2013 as "IHop National Pancake Day-Pearland East and Pearland West" to members of the Shrine Hospital Organization. Mayor Reid and Mayor Pro -Tem Sherrouse presented a proclamation proclaiming January 28, 2013 as "Cigarette Awareness Day" to Keep Pearland Beautiful representatives Linda Cowles, Past Councilmember Helen Beckman and Joann Miller. Mayor Reid reported on January 15, he attended the Houston -Galveston Area Council Board of Directors Meeting; he attended the County Tax Abatement Review Committee Meeting; he spoke at the Cub Scout Pack 414 Meeting; he Page 1 of 11 —1 /28/2013 attended the Pearland Historical Society Quarterly Meeting; January 16, he attended the Brazoria County Cities Association Meeting; January 17, he attended the BayTran Luncheon Meeting; January 17, he attended the Sugar Land State of the City Presentation Breakfast Meeting; January 19, he joined Councilmembers Hill and Ordeneaux and attended the Lion's Club Regional Meeting; January 21, attended the City of Pearland Agenda Meeting, Council Workshop and Public Hearings; January 22, he joined Matt Buchanan President of Pearland Economic Development Corporation and attended the Port of Houston Swearing in of new Commissioners; he attended the Rotary Club Meeting, Presentation by the Adult Reading Center; he joined Mayor Pro -Tem Sherrouse and Councilmember Hill and attended the Keep Pearland Beautiful Board Meeting; January 24, he attended the BayTran Board of Directors Meeting; he attended the Chamber of Commerce Annual Banquet; January 25, he joined Mayor Pro -Tem Sherrouse and Assistant City Manager Mike Hodge and attended the Transportation Policy Council Board Meeting; he attended the Legislative Update Luncheon; January 26, he attended the City of Pearland Parks and Recreation Annual Winterfest Event; he attended the Scouting Troop 464 Eagle Scout Court of Honor; January 27, he presented a Proclamation to the Consul General of India for National Republic Day on India Event. COUNCIL ACTIVITY REPORTS Councilmember Owens passed on giving a report. Councilmember Sherman reported he attended the Brazoria County Cities Association Meeting; he attended a Youth Action Countil Meeting; he attended the Chamber of Commerce Annual Banquet; he attended the City of Pearland Parks and Recreation Winterfest, it was an amazing success, everyone had a great time. Mayor Pro -Tem Sherrouse reported on January 16, she attended a ribbon cutting for the 40th anniversary for Binkley and Barfield an Engineering Firm; she attended a Youth Action Council Meeting; she attended the Brazoria County Cities Association Meeting; January 22, she attended the Keep Pearland Beautiful Board Meeting; she attended the Chamber of Commerce Annual Banquet; she attended the Transportation Policy Council Board Meeting; she attended the City of Pearland Parks and Recreation Winterfest, it is very family friendly, she thanked Michelle Smith Director of Parks and Recreation, her team and volunteers for the great job; she stated as a teenager she volunteered at the Shriner's Hospital and would like to recommend to anyone that can donate to the Shrine Hospital to do so. She further stated the Hospital provides great medical services to families at no cost. Councilmember Ordeneaux reported on January 16, he attended a Youth Action Council Meeting; he attended the Brazoria County Cities Association Meeting; January 18, he attended the showing of the South Pacific by Pearland High Page 2 of 11 — 1/28/2013 School Drama and Choir, a wonderful performance; January 23, attended a second Youth Action Council Meeting; January 24 and 25 he attended the services for Jasper Vitale the owner of Big Humphrey's, he stated Pearland has truly lost a great man; January 26, he attended the Pearland Parks and Recreation Winterfest which was a wonderful event as always. Councilmember Hill stated he would like to read a letter that was found in a Lion's Club vest belonging to Quinton Jamison who passed away several years ago. Mr. Jamison was a charter member of the Lion's Club. He further stated the letter is dated 1972 from Mr. Rufus Warner. In the letter Mr. Warner talks about the history of Pearland. The letter will be put in a shadow box at the Lion's Club. CITY MANAGER'S REPORT: City Manager Bill Eisen reported he wanted to recognize and thank Michelle Smith and her staff for the great job they did with Winterfest this year. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 12, 2012, Public Hearing held at 6:30 p.m. 2. Minutes of the December 3, 2012, Special Meeting held at 6:30 p.m. 3. Minutes of the December 10, 2012, Regular Meeting held at 7:00 p.m. 4. Minutes of the December 10, 2012, Regular Meeting held at 7:30 p.m. 5. Minutes of the November 19, 2012, Joint Public Hearing held at 6:30 p.m. 6. Minutes of the October 15, 2012, Joint Public Hearing held at 6:30 p.m. 7. Minutes of the September 17, 2012, Joint Public Hearing held at 6:30 p.m. 8. Minutes of the August 20, 2012, Joint Public Hearing held at 6:30 p.m. 9. Minutes of the June 18, 2012, Joint Public hearing held at 6:30 p.m. 10. Minutes of the April 16, 2012, Joint Public Hearing held at 6:30 p.m. Page 3 of 11 — 1/28/2013 B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 2000M-96 — 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 AS REFLECTED ON THE ZONING MAP EXHIBIT ATTACHED TO THIS DOCUMENT. ZONE CHANGE 2012-16Z, A REQUEST OF THE CITY OF PEARLAND FOR APPROVAL OF A ZONE CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE AND GENERAL BUSINESS (GB) ZONE WITH CONDITIONAL USE PERMITS (CUP'S) ON SPECIFIED PROPERTIES (AS LISTED IN THIS ORDINANCE), 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. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR MECHANICAL SERVICES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTINUED PARTICIPATION IN THE CRIMINAL JUSTICE DIVISION - GENERAL VICTIM ASSISTANCE DIRECT SERVICES GRANT PROGRAM. Mr. Bill Eisen, City Manager. 1 Page 4 of 11 — 1/28/2013 F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF AN ASPHALT PAVER. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED INTERLOCAL AGREEMENT WITH THE CITY OF HOUSTON FOR THE PURCHASE OF RADIOS AND RELATED EQUIPMENT FOR USE WITH THE CITY OF HOUSTON PUBLIC SAFETY RADIO SYSTEM. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-18 — AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE A WATERLINE EASEMENT TO CERTAIN PROPERTY, BEING 250 SQUARE FEE OUT OF A.C.H 7 B. SURVEY, ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF WATERLINE IMPROVEMENTS ON 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 Sherman asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. Councilmember Sherman made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through H with the exception of item H, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Page 5 of 11 — 1/28/2013 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Sherman, Consent Agenda Item H was removed for further discussion. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-18 — AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE A WATERLINE EASEMENT TO CERTAIN PROPERTY, BEING 250 SQUARE FEE OUT OF A.C.H 7 B. SURVEY, ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF WATERLINE IMPROVEMENTS ON 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 Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to approve Resolution No. R2013-18. City Manager Bill Eisen reported this resolution will allow the City to file a condemnation petition in the above referenced matter. Prior to the filling of a condemnation action, the City Council must approve a resolution declaring a public necessity for the City's acquisition. The resolution will be filed as an attachment to the City's petition. Due to changes in state law, the Council is required to read the entire caption as part of the motion in order to comply with the statutory requirements. The case is being filed to conform to legal due process requirements. The parcel in question is located along Old Alvin Road between the Burger King property and the Pearland Independent School District property. Discussion ensued between Council and City Manager Bill Eisen regarding the square footage needed for the water line. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 6 of 11 — 1/28/2013 NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2013-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAX ROAD PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013 -8 - City Manager Bill Eisen reported Council is being asked to award a contract for Design Engineering services to Klotz Associates, Inc. for the Pearland Parkway Extension in the amount of $804,219.26. The Max Road project will be 80 percent funded from Surface Transportation Program — Metropolitan Mobility funds through an Advanced Funding Agreement with TxDOT and 20 percent funded with City General Obligation bonds. The City's share is estimated to be $160,843.85. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-9 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE OLD ALVIN ROAD WATERLINE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill to approve Resolution No. R2013-9. City Manager Bill Eisen reported Council is being asked to approve the Construction Management and Inspection Services contract with LJA Engineering, Inc. in the amount of $132,881.30. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux and Hill. Voting "No" None. Motion Passed 5 to 0. Page 7 of 11 — 1/28/2013 FIRST READING OF ORDINANCE NO. 1467-A (1) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1467-A (1) on its first reading. City Manager Bill Eisen reported Council is being asked to approve an Ordinance amending the fiscal year 2013 budget to reflect additional appropriations for fiscal year 2012 carryover for revenue and expenditures/expenses. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1467-A (2) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1467-A (2) on its first reading. City Manager Bill Eisen reported Council is being asked for consideration and approval of an additional Full Time Deputy Court Clerk position to the Municipal Court staff and a budget adjustment to revenues and expenditures in the amount of $25,173.00. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. Page 8 of 11 — 1/28/2013 COUNCIL ACTION — RESOLUTION NO. R2013-7— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE PEARLAND WESTSIDE LIBRARY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to approve Resolution No. R2013-7. City Manager Bill Eisen reported Council is being asked to approve the bid and award the contract for the purchase of furniture, fixtures, and equipment to Library Interiors in the amount of $76,314.02. Councilmember Sherman stated a representative from Library Interiors is not present to answer questions so he will be voting against this Resolution. Councilmember Hill stated he applauds Councilmember Sherman for standing up for what he believes that a representative of a company should be in attendance when the City is awarding that company a large sum of dollars. Voting "Aye" Councilmembers Owens, Sherrouse, and Ordeneaux. Voting "No" Councilmember Sherman and Councilmember Hill. Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2013-1411-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, FORT BEND COUNTY, AND HARRIS COUNTY, TEXAS; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Matt Buchanan, President of Pearland Economic Development Corporation. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-1411-12. City Manager Bill Eisen reported Council is being asked to approve the proposed new guidelines and criteria for granting tax abatement. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 9 of 11 — 1/28/2013 COUNCIL ACTION — RESOLUTION NO. R2013-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DELINQUENT REVENUE COLLECTION SERVICES. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-13. City Manager Bill Eisen reported Council is being asked to award the bid to NRA Group LLC dba National Recovery Agency for debt collection services. Councilmember Sherman asked if a NRA representative was present. Discussion ensued between Council and NRA representative Kimberly Summerlot regarding other Cities the company is currently working with and if the City of Pearland would receive a report. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING MODIFICATION OF THE HOUSTON-GALVESTON AREA COUNCIL REGIONAL TRANSPORTATION PLAN UPDATE AND DECLARING THE CITY'S EXPECTATION TO MAKE CURRENT AND/OR NEW REVENUE SOURCES AVAILABLE FOR THE CR 403 PROJECT. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-19. City Manager Bill Eisen reported Council is being asked to approve this resolution supporting funding for the CR 403 Project. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. Page 10 of 11 — 1/28/2013 OTHER BUSINESS: Council adjourned into Executive session under Texas Government Code at 8:42 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE: 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS OF THE BOARD OF DIRECTORS FOR PEARLAND MANAGEMENT DISTRICT NO. 2. Mayor Tom Reid. 2. SECTION 551.076 — DELIBERATIONS REGARDING SECURITY DEVICES OR SECURITY AUDITS. City Council. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:24 pm. COUNCIL ACTION — REGARDING APPOINTMENTS OF THE BOARD OF DIRECTORS FOR PEARLAND MANAGEMENT DISTRICT NO. 2. City Council. No Council action taken. COUNCIL ACTION — REGARDING SECURITY DEVICES OR SECURITY AUDITS. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:25 p.m. Minutes approved as submitted and/or corrected this the 25th day of February, A.D., 2013. ATTEST: -DYKE �t'-x Tom Reid Mayor � e i Page 11 of 11 — 1/28/2013