City Council

PRE-COUNCIL MEETING CITY OF PASADENA September 21, 2021 – 5:30 p.m. AMENDED MINUTES CALL TO ORDER Mayor Wagner called the Pre-Council Meeting to order. (15) PERSONNEL CHANGES: Item (B) - Councilmember Cayten congratulated Julie St. Jean on her promotion to City Controller. Councilmember Harrison questioned the process of voting on the item. Mayor Wagner explained. (19) (A)-(2) – FIRST READINGS: Item (N) – Councilmember Estrada asked questions concerning the process of site plan reviews, applications for remodels, parking requirements, change of use and plan revisions. Deanna Schmidt, Director of Planning responded. Short questions/answer session followed between Councilmembers Schoenbein and Estrada and Deanna Schmidt. Item (O) – Councilmember Ybarra asked if this was a nonfinancial settlement. Jay Dale, City Attorney, stated that it was. Item (L) – Councilmember Schoenbein questioned if there has been an increase of juvenile crime. Police Chief Josh Bruegger confirmed that there has been an increase in graffiti which they have been investigating. (19) (B) – RESOLUTIONS: Item (E) – Mayor Wagner stated this item would be deferred. ADJOURNMENT 5:45 p.m. – Mayor Wagner adjourned the Pre-Council Meeting. RECORD OF PROCEEDINGS CITY OF PASADENA September 21, 2021 – 6:00 p.m. CALL TO ORDER The regular Council Meeting of the City of Pasadena, Harris County, Texas, was called to order by Mayor Jeff Wagner. City of Pasadena – Council Meeting 1 Minutes (Amended): 09-21-21 6:00 p.m. ROLL CALL COUNCIL PRESENT: Jeff Wagner – Mayor COUNCIL MEMBERS ORNALDO YBARRA - District A JONATHAN ESTRADA - District E BIANCA VALERIO - District B PHIL CAYTEN - District F DON HARRISON - District C CARY BASS - District G PAT VAN HOUTE - District D THOMAS SCHOENBEIN - District H Also present at the Council table was Amanda Mueller, Assistant to City Secretary. **NOTE** At this time, Mayor Wagner noted that Pastor Sciscoe was not in the chamber. Asked if someone from the audience would like to give the invocation. INVOCATION – Martin Reim PLEDGES OF ALLEGIANCE – Councilmember Cary Bass COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER 551.0415 OF THE GOVERNMENT CODE Councilmember Bass – Joked that he feels like all he does is give weather reports. Stated that cool weather was due to come in the next few days. Reminded everyone that the rodeo would be starting on Friday, September 24th. Urged everyone to go out and enjoy the weekend. Councilmember Schoenbein – Thanked everyone for attending and tuning into the meeting. Gave information concerning dates and events for the upcoming Pasadena Livestock Show and Rodeo. Stated he is sending his thoughts and prayers to the family of Stephanie Wilborn, Police Service Officer with the Pasadena Police Department, who passed away; she will be missed. Stated he is also sending prayers to the family of HPD Senior Officer William “Bill” Jeffrey, who was killed while serving a felony warrant in Harris County. Commented Sgt. Michael Vance was also wounded during the incident; praying for his speedy recovery. Councilmember Ybarra – Passed, no comment. Councilmember Valerio – Passed, no comment. Councilmember Harrison – Announced the passing of his friend, Emil Boudat, who was the District 17 Little League Commissioner. Commented he is sending his condolences to Mr. Boudat’s family. Gave visitation and funeral information. Councilmember Van Houte – Mentioned that the last meeting was an “unusual” meeting and with everything going on, she forgot to say something she intended to say. Proceeded to explain reasons she changed her vote for the Munis computer software. Announced Neighborhood Night Out will be on Tuesday, October 5th. Commented if you are having a neighborhood event, contact your Councilmember to invite them to attend; can also City of Pasadena – Council Meeting 2 Minutes (Amended): 09-21-21 6:00 p.m. request someone from the Police or Fire Department to attend. Also announced Coffee with a Cop to be held on Friday, October 1st from 8:00 a.m. – 10:00 a.m. at the Whataburger located at 4831 Fairmont. Welcomed the group from First Baptist Government class to the meeting. Councilmember Estrada – Recognized Pasadena ISD Trustee Crystal Davila in the audience. Thanked her for coming to the meeting. Councilmember Cayten – Thanked everyone for coming out to be a part of city government. Commented he enjoyed judging BBQ at the rodeo cookoff the weekend before. Urged everyone to go out to the rodeo and show their support. CITIZENS WISHING TO ADDRESS COUNCIL Joseph Thomas – Stated he was at the meeting to discuss an issue he has with the intersection of Pasadena Blvd. and Magnolia Dr. Explained concerns he has with the heavy traffic and the children, from Keller Middle School, that must cross this street in order to get to an apartment complex on the other side. Commented this is a very busy street and cars do not slow down. Does not want to see a child get hurt trying to cross the street. Stated he also wanted to talk about “Pasadena history”. Proceeded to give information on a project he and The Sons of the Republic of Texas are working on to make necessary repairs to the Hammer-McFaddin Cemetery which contains the graves of some of the original people who came to Texas to help build the state. Would like to see the support of the City with this project. Steven Barnett – Remarked that he came to the meeting to discuss a large water leak on Richey Road. Stated he has contacted the city several times about this issue and nothing has been done about it. Commented this problem is going to cause a sink hole and cost the city a lot of money to have it fixed; something needs to be done about it quickly. Questioned why there was not a 24-hour hot line for citizens to call in complaints. Martin Reim – Thanked Council for allowing him to speak. Stated he and his wife have been imbedded in Pasadena for several years and now live in Fairmont Estates. Commented they both have concerns about their neighborhood and will do whatever they can to keep it a good place to live. Mentioned a call that he placed to the city for some sidewalk issues he had. Stated the city workers that came out to handle it did an “excellent job”. Recognized Councilmember Schoenbein for helping him get some speed humps installed near Turner Elementary. Expressed concerns he has with papers he believes that Councilmember Cayten has left on doors within the neighborhood, which has accused Mr. Stephen Alvarez of having people sign an “unofficial document” for deed restrictions. Stated that Mr. Alvarez has hired an attorney and this document is not unofficial. Commented that he feels is it unethical for a Councilmember to help one citizen with deed restrictions but not another. Asked that council check into this complaint. Stephen Alvarez – Congratulated new Councilmembers on their positions. Thanked Mr. Reim for speaking up and supporting him. Commented he is trying to do the best he can to be a good son and take care of his mother, who is suffering from dementia. Explained that he has put in a lot of hard work and effort to obtain signatures for deed restrictions, and there is a Councilmember, who he feels only cares about political connections, going behind him telling people to take back their signatures. Stated there are several issues City of Pasadena – Council Meeting 3 Minutes (Amended): 09-21-21 6:00 p.m. that need to be addressed in his district, but this Councilmember would rather be in the neighborhood bothering a person taking care of someone with dementia. DOCKETED CITY COUNCIL HEARINGS (A) Public Hearing- Proposed Juvenile Curfew Ordinance. Opportunity for interested persons to comment on the ordinance, its effect on the community, and its effectiveness on the problems it was intended to remedy. **NOTE** 6:18 p.m. – At this time Mayor Wagner recessed Council Meeting and opened the Public Hearing, inviting comments from the audience or Councilmembers. No one signed up to speak. There were no comments from Councilmembers. Martin Reim – Asked if he could speak. Began speaking from the audience. Mayor Wagner – Stated discussion was open for the hearing on juvenile curfew only. **NOTE** 6:19 p.m. – At this time Mayor Wagner closed the Public Hearing and reconvened the Council Meeting. PRESENTATION OF PROCLAMATIONS, AWARDS AND COMMUNITY EVENTS PROPOSALS FOR CITY BUSINESS PRESENTATION OF MINUTES – September 7, 2021 – 10:00 a.m. Councilmember Ybarra moved, seconded by Councilmember Bass that the Minutes from the September 7, 2021 Council Meeting be APPROVED. MOTION CARRIED, UNANIMOUS. PRESENTATION OF MINUTES OF SPECIAL MEETING-September 14, 2021-10:00 a.m. Councilmember Schoenbein moved, seconded by Councilmember Harrison that the Minutes from the September 14, 2021 Special Council Meeting be APPROVED. MOTION CARRIED, UNANIMOUS. CONTRACT CHANGE ORDERS PROGRESS PAYMENTS (A) Contractor: Construction Masters of Houston Estimate No.: Four (4) Amount: $326,170.81 Project: Municipal Complex Parking Lot Improvements Project No.: M050 Ordinance No.: 2021-011 City of Pasadena – Council Meeting 4 Minutes (Amended): 09-21-21 6:00 p.m. (B) Contractor: D & W Contractors, Inc. Estimate No.: One (1) Amount: $40,565.00 Project: Austin St. Paving & Drainage Improvements Project No.: S117 Ordinance No.: 2021-028 (C) Contractor: D & W Contractors, Inc. Estimate No.: Five (5) Amount: $183,889.18 Project: Kansas St. Paving & Drainage Improvements Project No.: S122 Ordinance No.: 2021-028 (D) Contractor: D & W Contractors, Inc. Estimate No.: Three (3) Amount: $32,574.93 Project: Park St. Paving & Drainage Improvements Project No.: S115 Ordinance No.: 2021-028 (E) Contractor: D & W Contractors, Inc. Estimate No.: Fifteen (15) Amount: $51,938.40 Project: 2020 Annual Drainage & Paving Replacement Project No.: D057 Ordinance No.: 2020-055 (F) Contractor: D & W Contractors, Inc. Estimate No.: Sixteen & Final (16 & Final) Amount: $39,135.24 Project: 2020 Annual Drainage & Paving Replacement Project No.: D057 Ordinance No.: 2020-055 (G) Contractor: D & W Contractors, Inc. Estimate No.: Two (2) Amount: $41,564.40 Project: 2021 Annual Drainage & Paving Improvements Project No.: D046 Ordinance No.: 2021-029 (H) Contractor: D & W Contractors, Inc. Estimate No.: Five (5) Amount: $16,317.36 Project: 2021 Annual Drainage & Paving Replacement Project No.: S124 Ordinance No.: 2021-029 City of Pasadena – Council Meeting 5 Minutes (Amended): 09-21-21 6:00 p.m. (I) Contractor: DL Glover, Inc. Estimate No.: Four (4) Amount: $25,216.80 Project: 2021 Citywide Sanitary Sewer Rehabilitation Project No.: WW067 Ordinance No.: 2021-021 (J) Contractor: Paskey Incorporated Estimate No.: One (1) Amount: $238,805.89 Project: Channel Improvements Project Project No.: D037 Ordinance No.: 2017-018 Councilmember Cayten moved, seconded by Councilmember Bass that Progress Payments (A), (B), (C), (D), (E), (F), (G), (H), (I) and (J) be APPROVED. MOTION CARRIED, UNANIMOUS. FINANCE RESOLUTION NO. 2838 MISC. CLAIMS & INVOICES Councilmember Ybarra moved, seconded by Councilmember Schoenbein that Finance Resolution 2838 be APPROVED. MOTION CARRIED, UNANIMOUS. PERSONNEL CHANGES (A) REGULAR EMPLOYEES (B) FINANCE DEPARTMENT EMPLOYEES (C) ADMINISTRATION CHANGES IN PERSONNEL (D) INTRODUCTION OF NEW CITY EMPLOYEES Councilmember Bass moved, seconded by Councilmember Estrada that Personnel Changes (A) be APPROVED. MOTION CARRIED, UNANIMOUS. **NOTE** At this time, Mayor Wagner stated he would be abstaining from the vote for Personnel Changes (B). Asked Mayor Pro Tem Harrison to continue. Councilmember Ybarra moved, seconded by Councilmember Bass that Personnel Changes (B) be APPROVED. Mayor Pro Tem Harrison – Asked if there was any discussion. Councilmember Ybarra – Congratulated Julie St. Jean. Gave information on her background. Commented that after a review of other applicants, she by far stood out. Appreciates her 16 years of service with the city and looks forward to having her as the City Controller. City of Pasadena – Council Meeting 6 Minutes (Amended): 09-21-21 6:00 p.m. Councilmember Valerio – Disagreed with the previous comments regarding the review of other applicants. Stated she did not appreciate the way the process happened. Thanked Mayor Pro Tem Harrison for helping her try to do the right thing. Commented she does not have anything against Julie St. Jean, but believes they should have looked at other applications. Councilmember Estrada – Also congratulated Mrs. St. Jean. Commented he could not think of anyone better to do the job. Looking forward to working with her. Councilmember Cayten – Stated he was in total agreement with promoting Julie St. Jean to City Controller; has done an outstanding job in the past and is the right person to move this City forward. Councilmember Schoenbein – Commented he would like to share his support for Julie St. Jean as City Controller. Stated she is a proven leader who will bring a wealth of knowledge and insight to the city. Councilmember Bass – Mentioned that he has known Mrs. St. Jean for a long time and she is a fine individual. Believes she will do a fine job. Mayor Pro Tem Harrison – Stated he appreciates Councilmember Valerio; she showed independence and studied the facts to move forward for the good of the city. MOTION CARRIED AS FOLLOWS: Councilmember Ybarra Aye Councilmember Valerio Aye Councilmember Harrison Aye Councilmember Van Houte Aye Councilmember Estrada Aye Councilmember Cayten Aye Councilmember Bass Aye Councilmember Schoenbein Aye MAYORAL APPOINTMENTS CITY BOARDS AND COMMISSIONS REPORTS REPORTS OF COMMITTEES MAYOR’S REPORT ORDINANCES FINAL READINGS FIRST READINGS City of Pasadena – Council Meeting 7 Minutes (Amended): 09-21-21 6:00 p.m. ORDINANCE 2021-151 - An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 37, Water, Sewers and Sewage Disposal, by amending Section 37-2(g), 37-4, 37-17(a), Sec. 37-19, Sec. 37-35 by adding (b)(7), Sec. 37-36(b), Sec. 37-38(b)(2)(c), Sec. 37-46(a)(2), (a)(3), (a)(4), (a)(14), (a)(16), (a)(17), (a)(18) and Sec. 37-49; providing a repealing clause; providing a savings clause; providing for severability; and providing a penalty. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-151 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-152 - An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 14, Garbage, Trash and Rubbish, by amending Sections 14-4(a), 14-10(c) and 14-13(a). Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-152 be passed on first reading only. Councilmember Ybarra – Explained reasons he was voting no on this item. MOTION CARRIED AS FOLLOWS: “Ayes” – Councilmembers Valerio, Harrison, Van Houte, Estrada, Cayten, Bass, Schoenbein and Mayor Wagner “Nays” – Councilmember Ybarra ORDINANCE 2021-153 - Authorizing and approving an agreement by and between the City of Pasadena, Texas and Inframark Water & Infrastructure Services for design services for Vince Bayou WWTP UV Disinfection Project (CIP #WW083) for a total appropriation of $235,605.98 from the 2017 Certificate of Obligation Fund Balance Account. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-153 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-154 - Authorizing and approving an agreement by and between the City of Pasadena, Texas and Swart Architects, Inc. for stormwater drainage and detention design services as required by the City of Houston for the new golf course maintenance building (CIP #R063) for a total appropriation of $28,780.00. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-154 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-155 - Authorizing and approving a grant application and agreement between the City of Pasadena, Texas and the Texas Department of Transportation in the amount of One Hundred Thirty-nine Thousand Nine Hundred Ninety-six and No/100 ($139,996.00) Dollars to conduct a comprehensive vehicular traffic enforcement program to be administered by the Pasadena Police Department. City of Pasadena – Council Meeting 8 Minutes (Amended): 09-21-21 6:00 p.m. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-155 be passed on first reading only. Councilmember Schoenbein – Commended the Police Department on their grant writing. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-156 - Authorizing and approving a grant application and agreement between the City of Pasadena, Texas and the Texas Department of Transportation in the amount of Twenty-three Thousand Nine Hundred Eighty-nine and 02/100 ($23,989.02) Dollars to conduct a commercial motor vehicle traffic enforcement program to be administered by the Pasadena Police Department. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-156 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-157 - Authorizing and accepting a grant award from the State of Texas Office of the Attorney General, Victim Coordinator and Liaison Grant program in the amount of Forty-three Thousand Six Hundred Thirty-two and No/100 ($43,632.00) Dollars. This agreement was previously authorized under City of Pasadena Ordinance 2019-173 and Ordinance 2020-135. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-157 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-158 - Amend Ordinance 2020-087, Employee Handbook, by amending Section 14.08, Military Leave to add an additional section; providing an effective date; providing a repealing clause; providing a savings clause; and providing a severability clause. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-158 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-159 - Amend Ordinance 2020-087, Employee Handbook, by amending Chapter 14, Attendance and Leave to add Section 14.15, Quarantine Leave; providing an effective date; providing a repealing clause; providing a savings clause; and providing a severability clause. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-159 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-160 - Amend Ordinance 2020-087, Employee Handbook, by amending Chapter 14, Attendance and Leave to add Section 14.16, Mental Health Leave; providing an effective date; providing a repealing clause; providing a savings clause; and providing a severability clause. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-160 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-161 - An Ordinance to rescind Ordinance 2021-057, a contract with Teal Construction Company for the renovation of 1211 Southmore Ave, for a total City of Pasadena – Council Meeting 9 Minutes (Amended): 09-21-21 6:00 p.m. appropriation of $6,700,000.00 from the 2017 and 2018 Certificate of Obligation Fund Balance Account, Harvey Insurance Claims Account and General Fund Balance Account. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-161 be passed on first reading only. Councilmember Schoenbein – Explained reasons why this ordinance was being rescinded. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-162 - An Ordinance continuing the Juvenile Curfew Ordinance of the City of Pasadena, Texas at Chapter 20, Miscellaneous Provisions and Offenses, Article V, Juvenile Curfew; providing a repealing clause; providing a savings clause; providing for severability; and providing a penalty. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-162 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-163 - Amend Ordinance 2019-163, which authorized and approved an Interlocal Agreement by and between the City of Pasadena, Texas and Harris County, Texas, for Library services. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-163 be passed on first reading only. MOTION CARRIED, UNANIMOUS. ORDINANCE 2021-164 - An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 28, Planning; and Appendix A, Basic Subdivision Ordinance, providing a repealing clause; providing a savings clause; providing a severability clause and a penalty clause. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-164 be passed on first reading only. Councilmember Estrada – Noted that he would not be supporting this item right now. Stated he needs to speak with Planning Department regarding the process of this ordinance. MOTION CARRIED AS FOLLOWS: “Ayes” – Councilmembers Ybarra, Valerio, Harrison, Van Houte, Cayten, Bass, Schoenbein and Mayor Wagner “Nays” – Councilmember Estrada ORDINANCE 2021-165 - Authorizing and approving a Settlement Agreement and Release between Nabeel Iqbal, Zafar Iqbal and the City of Pasadena to settle and resolve all of Iqbal’s alleged or potential claims which arise from or relate to Iqbal’s employment with the City of Pasadena. City of Pasadena – Council Meeting 10 Minutes (Amended): 09-21-21 6:00 p.m. Councilmember Bass moved, seconded by Councilmember Schoenbein that Ordinance 2021-165 be passed on first reading only. MOTION CARRIED, UNANIMOUS. EMERGENCY READINGS ISSUANCE OF OBLIGATIONS RESOLUTIONS RESOLUTION 2021-123 - Amend Resolution 2016-005 and adopt a revised Affirmative Marketing Plan as required under the Home Investment Partnership (HOME) Program. Councilmember Ybarra moved, seconded by Councilmember Valerio that Resolution 2021-123 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2021-124 - Amend Resolution 2013-018 and adopt revised policies and procedures for the Community Development Department’s Emergency Solutions Grants Program (ESG). Councilmember Ybarra moved, seconded by Councilmember Valerio that Resolution 2021-124 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS RESOLUTION 2021-125 - Approving the revised Housing Administrative Plan for the Housing Choice Voucher Program updates in accordance with HUD 24CFR 982.503. Councilmember Ybarra moved, seconded by Councilmember Valerio that Resolution 2021-125 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS RESOLUTION 2021-126 - Accepting an in-kind donation for food services valued at $149.30 from Bubba’s 33, located at 3221 East Sam Houston Parkway S. in Pasadena for use by Neighborhood Network. Councilmember Ybarra moved, seconded by Councilmember Valerio that Resolution 2021-126 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS (E) DEFERRED - A Resolution by the City Council of the City of Pasadena, Texas, to amend Resolution 2021-060, which appointed and reappointed members Jesse San Miguel, Bill Welch, Mark Thomason, Paul Leteff, Carol Wilson, David Ramirez and Ruben Villarreal to the Board of Directors of the City of Pasadena Crime Control and Prevention District; and providing for severability. **NOTE** Mayor Wagner noted that RESOLUTIONS Item (E) was being DEFERRED. RESOLUTION 2021-127 - Authorizing and approving an agreement by and between the City of Pasadena, Texas and John Schneider, Attorney at Law. Councilmember Ybarra moved, seconded by Councilmember Valerio that Resolution 2021-127 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS City of Pasadena – Council Meeting 11 Minutes (Amended): 09-21-21 6:00 p.m. OTHER BUSINESS EXECUTIVE SESSION ADJOURNMENT BY THE PRESIDING OFFICER Mayor Wagner – May God bless! City of Pasadena – Council Meeting 12 Minutes (Amended): 09-21-21 6:00 p.m.