2011-08-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 22, 2011, AT 7:30 P.M., IN THE
I COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 9:40 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 City Engineer; Claire Bogard Finance Director; Kelly Sears Interim EMS
Operations Director; Rick Overgaard Assistant Finance Director; Johnny Spires
Assistant Police Chief.
The invocation was given by Mayor Pro -Tem Thompson and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid and Keep Pearland Beautiful Executive Director Linda Cowles presented
Public Affairs Manager Mattie Culver with the 2011 Keep Pearland Beautiful Media
Award.
Mayor Reid reported August 10, he attended the Pearland Arts League Board of
Directors Meeting; August 12, attended the Pearland Chamber of Commerce Business
Before Breakfast Event and joined City Manager Bill Eisen and Virgil Gant for a meeting
with the new Pearland Independent School District Superintendent Dr. John Kelly;
August 13, spoke at the Bailey Road Health Fair and spoke at the Eagle Scout Court of
Honor for three scouts of Troop No. 404 and one scout of Troop No. 464; August 15,
attended the Agenda Meeting, presented a certificate to David Smith at his 85th
Birthday, and attended the City Council Workshop, August 16, attended the Houston -
Galveston Area Council Board of Directors Meeting and the Keep Pearland Beautiful
Monthly Board of Directors Meeting; August 17, attended the BAYTRAN Board of
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Directors Meeting; August 18, attended the Pearland Chamber of Commerce
Leadership Council Meeting and the Pearland Chamber of Commerce Luncheon for ( I
Judge Ed Emmett; August 20, joined Councilmembers Ed Thompson, Felicia Harris,
Susan Sherrouse, and Scott Sherman for the Texas Municipal League Region No. 14
Meeting where Councilmember Scott Sherman was elected as the first Vice President.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens reported he attended his new granddaughter's baptism at St.
Helens Church.
Councilmembers Sherman, Thompson, and Sherrouse passed on giving a report.
Councilmember Harris reported she was fortunate to attend a tour of the Texas Medical
Center. The tour included the Texas Children's Hospitals new Neurological Research
Institute. It is a brand new building that is and astounding facility. It is the only facility in
the world that proactively researches the genes that cause autism in children and are
collaborating with other researchers to also help cure Alzheimer's.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS
Charles McMurry, 5209 Spring Branch Drive, addressed Council and stated he would
like the City to issue a proclamation to encourage Staff to donate blood to the Armed
Services Blood Program. This program supports the troops of America and is a
wonderful way to exhibit our patriotism.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the August 1, 2011, Special Meeting held at 6:00 p.m.
2. Minutes of the August 8, 2011, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-53 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING ALL OF THAT CERTAIN 0.4784 ACRE TRACT
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SITUATED IN THE A.C.H. & B. RR COMPANY SURVEY, SECTION 1,
j 1 ABSTRACT NO. 147, BRAZORIA COUNTY, TEXAS, BEING THE
INCLUSIVE BOUNDARY OF TRACTS I AND II, AS DESCRIBED IN
INSTRUMENT FILED FOR RECORD IN VOLUME 983, PAGE 714,
OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
LOCATED AT 3520 E. BROADWAY, PEARLAND, TX,
(CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-09), TO
ALLOW THE OPERATION OF A FURNITURE REPAIR AND
UPHOLSTERING STORE, IN THE GENERAL BUSINESS (GB)
DISTRICT AT THE REQUEST OF FURNITURE REPAIR
SOLUTIONS, LLC., APPLICANT AND PTX, LLC., OWNER,
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 — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-81 — 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 FIELD NOTE DESCRIPTION OF A 20.00 ACRE TRACT OF
LAND BEING ALL OF LOTS 10 AND 14 OF KANAWHA-TEXAS
COMPANY SUBDIVISION OF PARTS OF SECTIONS 18 AND 22,
H.T. & B. R.R. CO., ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 2, PAGE 51, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS; SAVE AND EXCEPT THAT 2.000
ACRE TRACT DESCRIBED AS FOLLOWS: FIELD NOTE
DESCRIPTION OF A 2.000 ACRE TRACT OF LAND BEING OUT OF
LOT 14, OF KANAWHA-TEXAS COMPANY SUBDIVISION OF
PARTS OF SECTION 18 & 22, H.T. & B. R.R. CO., ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 51
OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
LOCATED AT THE NORTHWEST CORNER OF MANVEL ROAD
AND BAILEY ROAD, PEARLAND, TEXAS, (ZONE CHANGE
REQUEST NO. 2011-07Z), A REQUEST OF J.G. MEADE,
EXECUTOR OF MYRTLEE MEADE ESTATE, OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE-FAMILY
RESIDENTIAL ESTATE (R -E) ZONE, TO GENERAL BUSINESS (GB)
ZONE, 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.
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D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1451 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN FORTY FOOT (40') ROADWAY
EASEMENT RECORDED IN VOLUME 29, PAGE 43 OF PLAT
RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
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
FIRST AND ONLY READING OF ORDINANCE NO. 1452 — ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES
OF OBLIGATION, SERIES 2011; PRESCRIBING THE TERMS AND FORM THEREOF;
PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST
THEREON; AWARDING THE SALE THEREOF; MAKING OTHER PROVISIONS
REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS
THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1452 on its first and only reading.
City Manager Bill Eisen presented Council with a detailed review of the proposed Bond
Sale.
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
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Motion Passed 5 to 0.
COUNCIL ACTION RESOLUTION NO. R2011-92 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REGULAR
MEETING TIMES AND DATES FOR SEPTEMBER 2011 TO ENSURE COMPLIANCE
WITH CHARTER AND TRUTH -IN -TAXATION REQUIREMENTS. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-92.
City Manager Bill Eisen stated this item would change the meeting date of the first
Regular Council Meeting from September 12, 2011, to September 19, 2011. This
change would accommodate the requirements for approval of the proposed Fiscal Year
2012 Budget.
Councilmember Harris stated, in the interest of the public, the City should consider
being consistent, and not change the meeting dates for items regarding the budget at
the last minute.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-93 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION 82011-
90 AND PLACING ON THE AGENDAS OF SEPTEMBER 19, 2011 AND SEPTEMBER
26, 2011 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED
FISCAL YEAR 2011-2012 BUDGET AND SETTING THE PUBLIC HEARING ON THE
BUDGET. Mr. Bill Eisen, City Manager.
Councilmember Harris made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-93.
City Manager Bill Eisen stated this item indicates that the proposed Fiscal Year 2012
Budget will be formally considered at the Council Meetings of September 19, 2011, and
September 26, 2011.
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
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Motion Passed 5 to 0.
With the concurrence of the Council, Mayor Reid moved to New Business Item No. 5
Resolution No. R2011-95.
COUNCIL ACTION — RESOLUTION NO. R2011-95 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A LEASE/PURCHASE
BID FOR THE PURCHASE OF CERTAIN CAPITAL EQUIPMENT. Mr. Bill Eisen, City
Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-95. After discussion, this item was tabled.
City Manager Bill Eisen stated the City accepts bids annually for short-term financing for
various capital equipment items. The low bidder in the process was Houston
Community Bank with an interest rate of 2.15%.
Mayor Pro -Tem Thompson stated the Executive Summary for this item has the interest
rate at 2.25% and the Resolution has it as 2.14%.
Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to
amend Resolution No. R2011-95 to change the interest rate from 2.14% to 2.15% for a
time period of seven years.
Councilmember Harris stated the agreement provided references a payment schedule;
however, the document was not provided to Council. She will not be able to vote in
favor of this item without reviewing all of the documentation.
City Attorney Darrin Coker stated this item can be tabled to allow Staff to provide the
requested documentation.
Councilmember Harris made the motion, seconded by Councilmember Owens, to table
Resolution No. R2011-95 to allow Staff time to provide complete documentation.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-96 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER
AND WASTEWATER TESTING SERVICES.
Mr. Bill Eisen, City Manager.
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Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-96.
City Manager Bill Eisen stated this item is a bid for water and wastewater testing
services. The recommended contractor is Eastex Environmental Laboratory, Inc.
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-97 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE UNIDIRECTIONAL FLUSHING
MODELING PROJECT. Mr. Danny Cameron, Director of Public Works.
Councilmember Sherman made the motion, seconded by Councilmember Harris, to
approve Resolution No. R2011-97.
City Manager Bill Eisen stated this item is a continuation of a program for Unidirectional
Flushing Modeling Project. Freese and Nichols has completed the modeling and design
for the previous phases and Staff is recommended they continue with this phase of the
project.
Discussion ensued between Council and Director of Public Works Danny Cameron
regarding the Resolution.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-98 — 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 COLLECTION SERVICES ASSOCIATED
WITH DELINQUENT FINES AND FEES.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2011-98.
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City Manager Bill Eisen stated this item is the proposed renewal of an agreement for
collection services of delinquent fines and fees.
I
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-94 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX
REVENUE INCREASE OF 1.64% AND PLACING ON THE AGENDAS OF
SEPTEMBER 19, 2011 AND SEPTEMBER 26, 2011 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2011-2012 TAX RATE AND
SETTING THE PUBLIC HEARINGS ON THE TAX RATE.
Mr. Bill Eisen, City Manager.
Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to
approve Resolution No. R2011-94.
City Manager Bill Eisen stated this item pertains to the discussions in the previously
recessed Workshop, and it would be best to complete those discussions prior to taking
any action.
Councilmember Harris made the motion, seconded by Councilmember Owens, to table
Resolution No. R2011-94 until the recessed Workshop is complete.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to
remove Resolution No. R2011-95 from the table.
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2011-95 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A LEASE/PURCHASE
BID FOR THE PURCHASE OF CERTAIN CAPITAL EQUIPMENT. Mr. Bill Eisen, City
Manager.
Councilmember Harris made the motion, seconded by Mayor Pro -Tem Thompson, to
approve Resolution No. R2011-95.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Resolution.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called to recess the meeting, at 10:26 p.m. to reconvene the Workshop.
Mayor Reid called the meeting back to order at 12:51 a.m.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
remove Resolution No. R2011-94 from the table.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82011-94 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX
REVENUE INCREASE OF 1.64% AND PLACING ON THE AGENDAS OF
SEPTEMBER 19, 2011 AND SEPTEMBER 26, 2011 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2011-2012 TAX RATE AND
SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager.
Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to
approve Resolution No. R2011-94.
Voting "Aye" Councilmember Harris.
Voting "No" Councilmembers Sherrouse, Thompson, Sherman, and Owens.
Page 9 of 10 — 8/22/2011
Motion Failed 1 to 4.
ADJOURNMENT
Meeting was adjourned at 1:00 a.m.
Minutes approved as submitted and/or corrected this the 26th day of September, A.D.,
2011.
ATTEST:
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Tom Reid
Mayor
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