2011-11-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 28, 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 7:32 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Secretary
Tom Reid
Ed Thompson
Woody Owens
Scott Sherman
Susan Sherrouse
Felicia Harris
Bill Eisen
Darrin Coker
Sonia Webb
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Project
Director; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle
Smith Director of Parks and Recreation; Bob Pearce Purchasing Officer; Andrea
Brinkley Project Manager.
The invocation was given by Mayor Pro -Tem Ed Thompson and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported November 15, he attended the Houston -Galveston Area Council
Monthly Board of Directors Meeting, the Pearland State Bank Chamber of Commerce
After Hours Event, and the Green Tee Terrace Home Owner's Association Board of
Directors Meeting; November 16, he joined President of the Economic Development
Corporation Matt Buchanan at the Pearland Chamber of Commerce Monthly Luncheon;
November 17, he attended the Exchange Club "One Nation Under God" Breakfast, the
City Thanksgiving Luncheon and Awards Ceremony, and the Keep Pearland Beautiful
Annual Banquet and Awards Ceremony; November 21, participated in Early Voting for
the December 3, 2011, Special Election, attended the Agenda Meeting, Joint Public
Hearing and Joint Workshops with the Planning and Zoning Commission, and attended
the Metro Reception for John Sedlak with Assistant City Manager Jon Branson.
Mayor Reid and Director of Parks and Recreation Michelle Smith were presented a
check by representatives of the Pearland Area Runners Club to assist with developing
safe area to run in the City.
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Mayor Reid asked that candidates in the December 3, 2011 Special Election and other
elections to stand and introduce themselves.
Councilmember Harris stated she is running for Congress in Congressional District No.
14, which is currently held by Congressman Ron Paul who is retiring.
Mayor Pro -Tem Thompson stated he is running for State Representative in Texas
House District 29.
Gary Bucek stated he is running for City Council Position No. 5.
Kevin Cole stated he is running for City Council Position No. 5.
Greg Hill stated he is running for City Council Position No. 5.
Mayor Reid asked Assistant City Manager Jon Branson to elaborate on the Metro Office
Signing for Federal Funding Event.
Assistant City Manager Jon Branson stated Metro held its Official Signing for Federal
Funding Event where it received $900 million in federal funding for two rail lines. There
was also a luncheon held to honor John Sedlak and at that event Houston Mayor
Annice Parker mentioned Mayor Reid and Missouri City Mayor Owen as having the
vision to look at transportation from a global perspective.
COUNCIL ACTIVITY REPORTS
Councilmember Owens stated he attended the Metro Event and it was good that the
Mayor was mentioned at the meeting. He also received his smart meter and hopes
there is a way to prevent the information regarding whether a customer is home using
electricity or not from being used to know when they are not home for potential
criminals.
Councilmember Sherman stated he would like to congratulate the Pearland High
School, Dawson High School, and Manvel High School Football Teams on having
successful seasons.
Mayor Pro -Tem Thompson and Councilmember Sherrouse passed on giving a report.
Councilmember Harris stated she would also like to congratulate the Pearland High
School, Dawson High School, and Manvel High School Football Teams
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CITY MANAGER'S REPORT
City Manager Bill Eisen stated Metro officials have stated the offer made on the property
for the future park and ride has been accepted and provided brief update regarding
future plans. He also stated the City Christmas Tree Lighting and Parade will be this
Friday and Saturday.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1358-7 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
NON -DEVELOPMENT USAGE AND SERVICE FEES (UTILITY
BILLING FEES FOR CUSTOMERS OUTSIDE THE CITY LIMITS);
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND
AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
OFFICE SUPPLIES. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA HARRIS'S ABSENCE FROM THE
NOVEMBER 14, 2011, REGULAR COUNCIL MEETING. City Council.
Councilmember Harris asked that Consent Agenda Item A be removed from the
Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through C with the exception of item A, as presented on
the Consent Agenda.
Voting "Aye" Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
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MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Harris, Consent Agenda Item A was removed for
further discussion.
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1358-7 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
NON -DEVELOPMENT USAGE AND SERVICE FEES (UTILITY
BILLING FEES FOR CUSTOMERS OUTSIDE THE CITY LIMITS);
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND
AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1358-7 on its second and final reading.
City Manager Bill Eisen stated in 1985, the City adopted a policy specifying that it would
serve people outside of the city limits at an elevated rate. This was never formally
adopted into Ordinance form and that is what this item will approve.
Councilmember Harris stated she pulled this item because it was not clear which
charges in the fee schedule is being adjusted to the elevated rate.
City Manager Bill Eisen stated the charges affected are the monthly charges for service.
Councilmember Harris stated the fee schedule does not adequately define which fees
are affected for customers.
Councilmember Harris made the motion, seconded by Councilmember Owens, to
amend Ordinance No. 1358-7 to include language which clarifies the specific service
categories which are subject to the one and one half charges to customers located
outside the city limits.
Voting "Aye" Councilmembers Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
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NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2011-148 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
AND AN AMENDED MEORANDUM OF UNDERSTANDING WITH BRAZORIA
DRAINAGE DISTRICT NO. 4. Mr. Trent Epperson, Project Director.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-148.
City Manager Bill Eisen stated this item is an agreement between the City and the
Brazoria County Drainage District No. 4 which relates to the Max Road Detention
facility. The two parties will jointly participate in the construction cost of the facility and
the maintenance.
Councilmember Harris stated this project that was included in the annual budget which
drove the need to raise taxes this year. Although she supports this project, she will be
voting in opposition because she opposed the tax increase.
Voting "Aye" Councilmembers Sherrouse, Thompson, Sherman, and Owens.
Voting "No" Councilmember Harris.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2011-150 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE BRAZORIA COUNTY AND THE HOUSTON-GALVESTON AREA
COUNCIL. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-150.
City Attorney Darrin Coker stated the Houston -Galveston Area Council has been in the
process of implementing updates to the 911 system in order to comply with state
guidelines. The proposed interlocal agreement indentifies the city limits for purposes of
routing 911 calls.
Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST AND ONLY READING OF ORDINANCE NO. 1458 — ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2012; SETTING CERTAIN
PARAMETERS FOR THE BONDS; AUTHORIZING THE ADVANCE REFUNDING OF
CERTAIN OUTSTANDING OBLIGATIONS AND THE EXECUTION AND DELIVERY
OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE
OF CERTAIN ESCROWED SECURITIES; AUTHORIZING A PRICING OFFICER TO
APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF
AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATING THERETO,
AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Harris made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1458 on its first and only reading.
City Manager Bill Eisen stated the City's financial advisor has identified opportunities for
the City to save money future debt service payment by refunding certain bond issues.
Due to the changing interest rate environment, Staff is recommending the refunding
transaction be conducted as a "parameter sale."
Ryan O'Hara, RBC Capital Markets, provided Council with a detailed overview of the
proposed bond refund.
Discussion ensued between Council and City Manager Bill Eisen, Ryan O'Hara, RBC
Capital Markets, and Rick Witte, Andrews & Kurth, L.L.P., regarding the Ordinance.
Voting "Aye" Councilmember Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-149 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A SUB -DEVELOPER
REIMBURSEMENT AGREEMENT ASSOCIATED WITH TAX INCREMENT
REINVESTMENT ZONE NO. 2. Ms. Lynne Humphries, Allen Boone Humphries LLP.
Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2011-149.
City Manager Bill Eisen stated this item relates to an area within Tax Increment
Reinvestment Zone No. 2 which was added several years ago. Recently Perry Homes
has now acquired all the property and this agreement would allow them to develop the
area.
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Voting "Aye" Owens, Sherman, Thompson, Harris, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:29 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 8:57 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 8:57 p.m.
Minutes approved as submitted and/or corrected this the 12th day of December , A.D.,
2011.
Tom Reid
Mayor
ATTEST:
C� r
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