2011-07-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JULY 25, 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 7:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Ed Thompson
Councilmember
Woody Owens
Councilmember
Scott Sherman
Councilmember
Susan Sherrouse
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Harris.
Others in attendance: Jon Branson Assistant City Manager; Trent Epperson Project
Director; Bonita J. Hall Director of Human Resources and Safety Management; Mike
Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance
Director; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection
Services; Joel Hardy Grants Coordinator.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Jonathan Delgado, Troop No. 404.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that on July 13, he attended the Pearland Adult Reading Center
Board of Directors Meeting and Judge Joe King's Tax Abatement Review Committee
Meeting; July 14, attended the Pearland Chamber of Commerce Ribbon Cutting for
three new business in the City; July 15, he joined City Manager Bill Eisen and Women
in Leadership Representatives for the Groundbreaking of the Eagle Lift Women's
Facility; July 18, attended the Agenda Meeting, joined Staff for a meeting with a gas
pipeline transmission company, joined City Council for a photo session, and attended
the City Council Special Meeting, Workshops and Joint Public Hearing with the Planning
and Zoning Commission; July 19, attended the Houston -Galveston Area Council Board
of Directors Meeting and joined Staff and City Council for Metro Information Forum; July
20-22, Represented the Houston -Galveston Area Council at the Texas Association of
Regional Councils of Government; July 23, Joined Councilmember Scott Sherman for
an HEB Special Event, July 24, Spoke at an Eagle Scout Court of Honor for Troop 486.
Page 1 of 8 — 7/25/2011
COUNCIL ACTIVITY REPORTS
Councilmember Owens stated he attended the Pearland Chamber of Commerce Party
on the Patio Event which was well attended.
Councilmember Sherman reported he attended the Adult Reading Center Board of
Directors Meeting and the Pearland Chamber of Commerce Party on the Patio Event.
He was also a celebrity judge for the HEB Bakery Competition between fifteen different
bakery divisions in the region.
Mayor Pro -Tem Thompson stated he attended the Metro Long -Range Planning Meeting
and it was quite an eye-opening meeting when they showed the projected populations.
The amazing projection was that there are approximately 3 million jobs in this area and
by the year 2044, there would be 4.5 million jobs in this area. There will need to be big
decisions made in transportation in this area. He also attended Pearland Chamber
Leadership Meeting and the Pearland Chamber Party on the Patio Event.
Councilmember Harris was absent.
Councilmember Sherrouse stated she was sworn in to office, attended the Newly
Elected Officials, and attended the Metro Long -Range Planning Meeting. One thing that
amazed her was that the Houston area has more jobs than thirty seven states. She
also attended the Transportation Subcommittee Meeting.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported there were forty eight Pearland area residents at the
Metro Long -Range Planning Meeting. Assistant City Manager Jon Branson had the
opportunity to discuss how the turnout at this meeting compared to others in this area
and was told the average turnout was approximately twenty residents. This is a good
indication of how important transportation issues are to the citizens in the community.
Mr. Eisen stated that beginning Monday, August 1, 2011; the Council will begin
discussions regarding the Fiscal Year 2012 Proposed Budget.
CITIZENS
Kelly Moody, 3708 Pine Bark Ct., addressed Council and stated she has been a
resident of Pearland for eleven years and would like to express her family's support of
moving forward with the 2007 Bond Election Projects. Her children are young and
active and are getting into soccer. The improvements included in the Bond Election
would tremendously benefit her family and other in Pearland.
Page 2 of 8 — 7/25/2011
Christine Hazen Stephenson, 41 Rodeo Drive, addressed Council and stated she
represents the Exchange Club of Pearland and would like to discuss the organizations
Sixth Annual Roast Event Friday, August 5, 2011. The event will be for Coach Tony
Heath of the Pearland Oilers and she would love to see everyone attend.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the June 20, 2011, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the June 27, 2011, Regular Meeting held at 7:30 p.m.
3. Minutes of the July 11, 2011, Special Meeting held at 6:00 p.m.
4. Minutes of the July 11, 2011, Regular Meeting held at 7:30 p.m.
5. Minutes of the July 18, 2011, Joint Public Hearings held at 6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-52 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING A 4.7417 ACRE TRACT OF LAND, RESERVE
"A" OF THE FINAL PLAT OF TWIN WOOD SUBDIVISION, BEING A
PART OF A 25.839 ACRE TRACT OUT OF TRACTS 72, 77, 92, AND
93 OF THE ZYCHINSKI'S SUBDIVISION OF SECTION 1, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 233, AND BEING A PART
OF TRACT 1 AND TRACT 2, AS RECORDED IN VOLUME 1437,
PAGE 605, OF THE BRAZORIA COUNTY DEED RECORDS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS LOCATED AT 1255
OLD ALVIN ROAD, PEARLAND, TX (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2011-08), TO ALLOW THE OPERATION OF
A CHURCH, IN THE SINGLE-FAMILY RESIDENTIAL -1 (R-1)
DISTRICT AND SINGLE-FAMILY RESIDENTIAL -2 (R-2) AT THE
REQUEST OF THE CHURCH FOR ALL PEOPLE, APPLICANT AND
OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
Page 3 of 8 — 7/25/2011
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL - 1
READING OF ORDINANCE NO. 1448 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DELETING
CHAPTER 21 /2, PARKLAND DEDICATION, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, IN ITS ENTIRETY; AND
TO ADOPT A NEW CHAPTER 21 /2, TO BE ENTITLED PARKS;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE. Ms. Michelle Smith, Director of Parks and
Recreation.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2011-83 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ACTION PLAN
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (YEAR 2011).
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-83.
City Manager Bill Eisen stated this item was the subject of a Public Hearing held
previously where Council reviewed the proposed Community Development Block Grant
Program Plan. The City expects to receive $277,102 and the original plan remains
unchanged.
Dale Pillow, Executive Director of the Adult Reading Center, addressed Council and
stated she would like to thank the Council for supporting the Adult Reading Center in
the past and continuing to do so. They are currently moving into workforce
development to help their learners and bring a more literate workforce to the
community. She also wanted to thank Urban Forester John Walters and other Parks
and Recreation Department employees for taking care of a dead tree at the Adult
Reading Center in a timely and considerate manner. Her daughter also lives in the
Pearland Town Center and had water backed up in her bathtub. She called the City of
Page 4 of 8 — 7/25/2011
Pearland after hours and within hours an employee was there to fix the issue. She feels
the employees the City has are wonderful and she wanted to make sure it was on the
record.
Councilmember Sherman stated that, because he serves on the Adult Reading Center
Board, he will abstain from the vote.
Voting "Aye" Owens, Thompson, and Sherrouse.
Voting "No" None.
Voting "Abstain" Councilmember Sherman
Motion Passed 3 to 0, with one abstention and Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2011-82 — 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 LINEBARGER,
GOGGAN, BLAIR, & SAMPSON, LLP FOR TAX COLLECTION SERVICES.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-82.
City Manager Bill Eisen stated this item was the topic of the Workshop held previously
this evening. Linebarger, Goggan, Blair & Sampson, LLP have provided this service to
the City for a number of years with favorable results. The contract being considered is
for the Delinquent Tax Attorney Services.
Voting "Aye" Sherrouse, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2011-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH HOUSTON-
GALVESTON AREA COUNCIL ("HGAC) FOR PARTICIPATION IN THE PEARLAND
AREA SUBREGIONAL PLANNING INITIATIVE. Mr. Jon R. Branson, Assistant City
Manager.
Passed to a future agenda.
Page 5 of 8 — 7/25/2011
COUNCIL ACTION — RESOLUTION NO. R2011-75 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
EMPLOYEE HANDBOOK. Ms. Bonita Hall, Director of Human Resources and Safety
Management.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-75.
City Manager Bill Eisen stated this item is the amendment of a policy and addition of a
policy to the Employee Handbook as recommended by the Policy Review Committee.
Director of Human Resources and Safety Management Bonita Hall stated this item
includes two policies. These first is the proposed Catastrophic Leave Policy which will
replace the current Donated Sick Leave Policy. The proposed policy incorporates a few
aspects of the current policy; however, it also establishes a modified employee tenure
requirement and better defines the type of illnesses that qualify. The other is a new
proposed Inclement Weather Event Policy which establishes guidelines regarding the
classification of employees as "Emergency Essential" and "Emergency Non -Essential"
and a system of how employees will be paid in the event that City office are closed
because of an event.
Councilmember Owens asked clarification regarding the Catastrophic Leave Policy and
the number of hours an employee can contribute.
Director of Human Resources and Safety Management Bonita Hall stated the number of
hours will be determined by the committee established by the policy. The first year will
be short and eventually contribution will fall on the same schedule as the open
enrollment.
Mayor Pro -Tem Thompson asked for clarification on whether the contribution of each
employee would be based on tenure or would it be the same for everyone.
Director of Human Resources and Safety Management Bonita Hall stated the amount
each employee would contribute will be the same regardless of their tenure with the
City.
Discussion ensued between Council, City Manager Bill Eisen, and Director of Human
Resources and Safety Management Bonita Hall regarding the Resolution.
Voting "Aye" Owens, Sherman, Thompson, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
Page 6 of 8 — 7/25/2011
COUNCIL ACTION — REGARDING THE APPOINTMENT OF GARY N. LAWRENCE
TO SERVE ON THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS IN
POSITION NO. 3, FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1,
2011. Mayor Tom Reid.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
appointment of Gary N. Lawrence to serve on the Building Code Board of Adjustments
and Appeals in Position No. 3, for a 3 -Year unexpired term expiring November 1, 2011.
City Manager Bill Eisen stated this item is the proposed appointment of Gary N.
Lawrence to the Building/ Fire Code Board of Adjustments. This board will meet only
when there has been an appeal to the building code regulations. There is currently a
request for an appeal and this appointment is necessary to address that request.
Voting "Aye" Sherrouse, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
OTHER BUSINESS:
Passed to a future agenda.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION. Mayor Tom Reid.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION. City Council.
Passed to a future agenda.
ADJOURNMENT
Meeting was adjourned at 8:27 p.m.
Page 7 of 8 — 7/25/2011
Minutes approved as submitted and/or corrected this the 8t" day of August, A.D., 2011.
�l
Tom Reid
Mayor
ATTEST:
Page 8 of 8 — 7/25/2011