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2012-05-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 14, 2012, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:50 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Susan Sherrouse Harris Greg Hill Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Projects Director; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director; Sparkle Anderson Public Affair Manager; Harold Ellis City Planner; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer; Joel Hardy Grants Coordinator; Onesimo Lopez Lieutenant. The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by Lieutenant Onesimo Lopez. Mayor Reid recognized all Candidates running for City Council. Tammy Dexter announced she is running for City Council, Position No. 4. Mayor Reid stated Councilmember Felicia Harris is absent from the chamber at this time. Mayor Reid stated that she is a candidate running for Ron Paul's Congressional Seat. Mayor Reid, City Manager Bill Eisen, and Public Affairs Manager, Sparkle Anderson, recognized Debbie Schielke Multimedia Specialist, Public Affairs Department as the Fulltime Employee of the Quarter Award. Mayor Reid and City Manager Bill Eisen recognized Geraldine Walton, from the Police Department with the Part-time Employee of the Quarter Award. Mayor Reid presented a proclamation to Joan Wynn with a proclamation proclaiming the month of May as "Motorcycle Safety and Awareness Month." Page 1 of 13 — 5/14/2012 Mayor Reid and Councilmember Sherrouse, Presented 2012, Graduating High School Students, with a Proclamation proclaiming "Project Graduation Day" for Pearland High School" and Glenda Dawson High School. Mayor Reid and Lata Krishnarao, Director of Community Development, presented certificates of recognition as "Problem Solvers" to Dawson High School Students. MAYOR'S ACTIVITY REPORT: Mayor Reid reported he had the pleasure of presenting the Mayor Scholarships to the Senior Graduating students to both the Pearland High School and the Glenda Dawson High School Students, attended the Exchange Club Gulf Coast Recognition for Law Enforcement with Lieutenant Onesimo Lopez, April 26, he joined HCA Tour of the Dynamo Stadium with Assistant Director of Pearland Economics Development Ramon Lozano along with Assistant City Manager John Branson; April 27, he attended the Transportation Policy Council Board of Directors and Presented a Proclamation for American Cancer Center Society Relay For Life; April 28, Opened the CAP Kickball Tournament; April 29, Faith Church New Fellowship Hall Ribbon Cutting; May 2, Keep Pearland Beautiful and gave a presentation at Exchange Club and attended the ground breaking for Home Town Bank; May 3, presented City Report to PAF Realtors Network at Luncheon and lead prayer for National Day of Prayer at City Hall; May 4, attended San Jacinto College 50th Anniversary Banquet; May 5, attended Southwest Baptist Seminary Graduation and Pearland Arts League Corks & Canvas Exhibit; attended Father Braden's Annual Scholarship Banquet; May 6, attended Judge for Silverlake Church Teen Pageant; May 7, attended the City Agenda Meeting, and City Council Workshop and Special Meeting; May 8, welcomed Regional Organization to Pearland Neighborhood center Forum; May 9, attended the Pearland Adult Reading Center Board of Directors Meeting and presented Mayor's Scholarship to Dawson a High School Senior; May 10, attended the Reading Center Literacy Annnual Breakfast/Adult Reading Center; attended the Pearland Arts League Board of Directors Meeting and Presented Mayor's Scholarship to a Pearland High School Senior; May 11, attended the annual Keep Pearland Beautiful Environmental Awards Banquet along with Councilmembers Sherman and Hill; May 12, welcomed Parents to the Primrose School Graduation; attended the Exchanged club Gulf Coast Law Enforcement Awards Banquets/ Chief Spires (Ron Cox -Officer of the Year). COUNCIL ACTIVITY REPORTS: Councilmember Owens passed on giving a report; however, he stated that the National Prayer Day was a good turnout. Councilmember Sherrouse attended the Grand Opening of Fire Station # 6 at The Lakes of Savannah; Keep Pearland Beautiful; Environmental Awards Page 2 of 13 — 5/14/2012 Banquet last Friday; Alvin Community College Forum for the Future topics included source training and discussion about transportation and education as Houston grows. She stated there is a need to get together and coordinate the growth of our region and start thinking if we want to have transportation 30 years from now. Councilmember Sherrouse made the comment that she is pleased to see more people than usual in the audience for the Council meeting. Mayor Pro -Tem Sherman stated on May 5, he had the honor of being re-elected to City Council Position No. 2; he appreciates the support from the community and is looking forward to serving the City of Pearland for another 3 years. Prior to that attended the Grand Opening of Fire Station No. 6, attended the Project Graduation he stated this is his 3rd year. He also reported that the Brazoria County approved the funds for the Westside Library and is looking forward to the ribbon cutting of that building. He stated it is a much needed facility to the west side of town and thanked everyone involved for making it possible. Councilmember Harris absent from the Chambers. Councilmember Hill stated on May 3, he attended National Day of Prayer; May 4-6, Kerrville Texas, with the Lions Clubs, for the Texas Lions Camp for the handicap children in which he spent his time there painting . May 9, presented scholarships at Project Graduation at Dawson High School and May 10, Pearland High School. May 8, the YMCA had the Youth and Government meeting. He stated he plans to go with Mayor Pro -Tem Sherman and Councilmember Sherrouse to try to tackle something good for the community through the YMCA. An appointment is currently set with Larry Burger to coordinate something in which the kids from the YMCAs compete with other YMCA facilities throughout the state in debates, writing bills, or a mock trial in which these students travel to Austin to compete. He stated it is a great program. May 8, attended the pastors luncheon at Shadycrest Baptist Church they meet every month, May 9, attended the Exchange Monthly Meeting, May 11, attended to the Keep Pearland Beautiful Awards Banquet with his daughter. CITY MANAGER'S REPORT: City Manager, Bill Eisen Reported on the opening of Fire Station No. 6 and the importance of it and the partnership that the City has with two MUD districts and the participation of the cost of operating that facility. Mr. Eisen also expressed his appreciation to Chief Riley and members of the staff as well as EMS for organizing the event. CITIZENS: James Clark, 2019 Stonecrest, stated that his wife works for the school district and he is a business owner in Pearland and is concerned about the closing of the Independence Pool. He stated his concern if for the youth and that it is not Page 3 of 13 — 5/14/2012 available for them. He also stated that there are families that only go to that pool and cannot afford the Natatorium and he is there to speak on their behalf. It was his understanding Independence Pool would not be closed during the summer once the natatorium was open. He understands that it might be a budget issue but suggests limiting the amount of hours open might help. Larry Marcott, 3606 Inverness Court, addressed Council and stated on Saturday he met with an individual who lives in Corrigan and has been living there many years. He stated the individual thanked City Council for all the work that went into the Corrigan and Dixie Farm Road project. Mr. Marcott also stated that the ditch was serving its purpose and wanted to convey that to the Council. He further stated it cost a lot of money, a lot of hours of hard work put in to the project, it should have been taken care of long before he and Councilmember Owens got on Council. He also wanted to share with the Citizens that Council did a good job on the first bond issue in early 2000, and he feels it all has paid off. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 30, 2012, Special Meeting held at 6:30 p.m. 2. Minutes of the May 7, 2012, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM SCOTT SHERMAN'S ABSENCE FROM THE APRIL 23, 2012, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF CHARLES MCMURREY, TO SERVE ON THE CIVIL SERVICE COMMISSION POSITION NO. 2, FOR AN UNEXPIRED TERM EXPIRING NOVEMBER 1, 2014. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2012. Mr. Bill Eisen, City Manager. Page 4 of 13 — 5/14/2012 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR ELECTRIC AND SCADA SERVICES. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR WATER METER SUPPLY SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through F with the exception of item F, as presented on the Consent Agenda. Voting "Aye" Councilmember Owens, Sherrouse, Sherman and Hill. Voting "No" None. Motion Passed 4 to 0. Councilmember Harris is absent. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Staff Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR WATER METER SUPPLY SERVICES. Mr. Bill Eisen, City Manager. No action taken, passed to a future agenda. X. NEW BUSINESS: Councilmember Harris entered the Council Chambers at 8:55 p.m. FIRST READING OF ORDINANCE NO. 2000M-86 — 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 A 39.50 ACRE TRACT OF Page 5 of 13 — 5/14/2012 LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY AS DESCRIBED IN A DEED DATED JUNE 4, 1981, FROM THE C.H. ALEXANDER TRUST TO SUE ALEXANDER MORRISON A.K.A. SUSIE ALEXANDER MORRISON, AND RECORDED IN VOLUME 1596, PAGE 93 ET SEQ OF THE BRAZORIA COUNTY DEED RECORDS (B.C.D.R.); AND BEING A 83.83 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY AS DESCRIBED IN A DEED DATED JUNE 4, 1981, FROM THE C.H. ALEXANDER TRUST TO SUE ALEXANDER MORRISON A.K.A. SUSIE ALEXANDER MORRISON, AND RECORDED IN VOLUME 1596, PAGE 93 ET SEQ OF THE BRAZORIA COUNTY DEED RECORDS (B.C.D.R.) (LOCATED EAST AND WEST SIDES OF PEARLAND PIKWY, NORTH OF BARRY ROSE, EXISTING STONEBRIDGE PLANNED DEVELOPMENT, PEARLAND, TEXAS), ZONE CHANGE 2012-04Z, A REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF MUSGRAVE- GROHMAN VENTURES, LTD. AND BRANDON LEE INVESTMENTS, INC., OWNER(S), FOR APPROVAL OF A ZONE CHANGE (PD AMENDMENT) FROM THE PLANNED DEVELOPMENT (PD) ZONE TO THE PLANNED DEVELOPMENT (PD) 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. Ms. Lata Krishnarao, Director of Community Development. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000M-86 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2012-04Z. City Manager Bill Eisen stated this item is an amendment to an existing land use development zoning case consisting of approximately 34 acres located behind a strip center located on Pearland Parkway. The purposed uses are to build a hospital, medical offices and a memory care unit. He stated that the Planning and Zoning has made a recommendation of the approval. Donald Sapaugh, 3033 Pearland Parkway, addressed Council and stated they have met with Permitting and the Planning and Zoning Department and met with the Home Owners' Association, we think this is the highest best use for this property. He stated this is a general keep care hospital he feels will greatly serve the community and surrounding Pearland citizen and nearby citizens. With regards to this project he will be available for any question that the Council or residents may have. Page 6 of 13 — 5/14/2012 Allen Mueller, 1408 Bentlake Lane, addressed Council and stated he wanted to thank Council and the Planning Commission. He knows that it has probably received a lot of conflicting opinions on it and wanted to thank everyone for the time and efforts spent on it. Mr. Mueller stated he is a resident of Highland Glend and personally would not be evolved with this project if he felt it would be a detriment to the community, or the folks that he lives around. He lives there and has to live with the repercussions of what goes on there and if he felt this would be a problem he would not be involved in it. He further stated that ultimately this comes down to a zoning issue and whether or not this particular use is compatible with the existing uses or the future uses there. With that regard he directs back to staff and their recommendations which states the project does not appear to have no negative impacts on any future, or existing surrounding areas which are not able to be mitigated. Dan Eble, 1707 Beacon Green Lane, addressed Council and stated that the commercial change being proposed will be greatly affecting the community at Lakes of Highland Glen. He feels that the noise and the light pollution from the project will affect the residence. He stated that there are currently several hospitals that serve the same purpose in the area. Mr. Eble stated his biggest concern with the project is that the hospital would be located directly behind a neighborhood. He stated that projects like this have been halted in the past and the negative impact it may have on the home values in the area. Sarah Greer, 1605 Brighton Brook Lane, addressed Council and stated she is opposed with all the zoning changes that are being proposed in the area and she agrees with all the comment previously made. Steve Greer, 1605 Brighton Brook Lane, addressed Council and stated he has been a Pearland resident since 1999. He is a Den leader in the Boy Scout Troop 11, and is a Deacon at his church; he is highly involved in the Organization for Pearland. He wants what is best for the City of Pearland where he intends to raise his family and his three children. His concerns are the increase light pollution. He realizes that there have been some steps taken to mitigate that. There will always be lights shine through our bedroom lights which is a negative impact to the neighborhood. There will also be noise and increase traffic along with a helicopter landing waking up his family in the middle of the night. Mr. Greer stated he is concerned for the failure of design and the risk of this project brings. Howard Carter, 1719 Brighton Brook, addressed Council and stated he is opposed to this zone changed because his house is directly behind and because of the noise and light pollution this may bring. He also feels this will negatively impact the price of his house. He feels the Home Owners Association is still unaware of the current zone change proposed. He appreciates the developer meeting with him. He stated that he does not feel it serves the general population of the City. Page 7 of 13 — 5/14/2012 Michael Veuleman, 3001 Briar Sage Lane, addressed Council and stated he has property backing up to effected area. He was told at the time of purchasing his property that if there should be a change in zoning, you will be given ample notice by the City to come and object. He feels that the notice has been very short term. He questions the highest and best use of this property when there is plenty of commercial property available for sale in the surrounding areas. He feels the traffic on Pearland Parkway is already getting out of control. Councilmember Hill said someone brought up their project being pulled out from Development in Alvin and asked for clarification on that. Donald Sapaugh, representative for the University General Hospital reported that an agreement has just been executed with the land owner to development on twenty acres, instead of thirteen acres. The development is now not only a hospital, the development also includes a medical office building, and a senior living community. He stated that Council for the City of Alvin voted unanimously in support of the development. Mr. Sapaugh stated that he did not know where the rumor started, and that he dispelled it a few times on Saturday too. He further stated that the rumor is absolutely false. Mayor Pro -Tem Sherman asked Mr. Sapaugh to address the questions and concerns about their financial stability and ability to complete the project. Donald Sapaugh, representative for the University General Hospital provided Council with a brief overview of the construction process and the ability of completion. Mayor Pro -Tem Sherman asked if the developers would be in any way over extending themselves by working on the Alvin project and the Pearland project. Donald Sapaugh, representative for the University General Hospital stated that the Alvin project is nothing more than a glorified emergency room. The Alvin project will be predominantly a critical access hospital which is about half the size of the Pearland hospital. The Pearland hospital is mainly focused on a general keep hospital. Mayor Reid stated light pollution at night can be a concern about the neighboring, please elaborate on these concerns. Donald Sapaugh, representative for the University General Hospital, stated the closest building to the property line is sixty-six feet, the hospital is going to be in excess of two -hundred feet from the homes. We have worked really hard to keep the hospital as far away from the homes and have met with the homeowners to mitigate some solution for the light noise. Mr. Sapaugh stated that there are Page 8 of 13 — 5/14/2012 currently commercials strip center in that area. Everything is being pushed as close to the water treatment plant to keep the light noise away as much as possible from the homeowners. Mayor Reid stated that the lighting requirement is low down looking lights and asked if this has been addressed. Donald Sapaugh, representative for the University General Hospital stated that yes, it has been addressed. Councilmember Sherrouse asked for clarification regarding the height limits for building of homes and the distance between the fence and the next home. Discussion ensued between Council and Lata Krishnarao regarding the height limit and the distance between the homes and the hospital. Mayor Pro -Tem Sherman request that City Attorney Darrin Coker procedurally explain the process it will take to overturn Planning and Zoning recommendation. City Attorney Darrin Coker stated that it would take a super majority vote from Council to overturn denial of the Planning and Zoning. Due to the Planning and Zoning Recommendation for approval it only requires three out of five votes from Council to approve this tonight. Had it been a recommendation from Planning and Zoning to deny this action it would take a super majority vote to approve it over their denial. Mayor Pro -Tem Sherman asked the residence what method they used to circulate their petition. A representative for the homeowners stated that they did some emails and at this time does not feel all the residence is aware. Councilmember Harris asked when the notices to the residents went out. Harold Ellis, City Planner stated that notices went out to the residents within the two -hundred feet of the entire perimeter. Discussion ensued between Council, Mayor Reid and Planning Director Harold Ellis regarding notices given to the residents and concerns regarding the property values based upon the new construction of this type of facility and the resolution. Councilmember Owens stated that back in 2000, Pearland was not very big and when it rained there was no way to get out to a hospital. The only way out of this area when it rained a lot was 288 and back to the hospital. He stated he is concerned that the City currently has about 96 thousand people and the City will be building out to about 150 thousand people. The heaviest growth will be right Page 9 of 13 — 5/14/2012 in the affected area. There are some concerns that the City will continue to build out to provide things in the City and concerns to be able to get to them. Councilmember Sherrouse stated that she is very proud that the City of Pearland has a Planning and Zoning Commission the City takes this into very serious consideration. She continued to say that the homeowners and businesses are very important to the City. Mayor Pro -Tem Sherman asked for clarification on the helicopter issue since it has been brought up as a concern by the residence. Donald Sapaugh, representative for the University General Hospital stated that there will not be a helipad; there will not be any lights in the parking lot for a helipad. The intent is to never not have to use life flight. The only comment ever made about the use of life flight is, if there was an accident on Pearland Parkway, life flight can land anywhere they choose to land. The intent is to never use life flight. The hospital will treat heart conditions, but will not typically treat open heart surgeries. Jennifer Ferrasas, 1720 Brighton Brook addressed Council and asked if the Council received a petition with more signatures would that influence the Council on making the decision. She stated that only fifteen residents have received the notices out eight hundred and thirty five. Mayor Reid stated the law states that the City must notify people within two hundred feet of the development. Councilmember Harris stated that some of the people stated they were not notified by the City. She asked that Staff check the addresses within the two - hundred feet to be sure that everyone has been properly notified. Mayor Reid stated that this is not a Public Hearing, and most of the residents have had the opportunity to give input and called for a vote on the question. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to call the question. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Voting "Abstain" Councilmember Harris. Motion Passed 4 to 0, with 1 abstention. Mayor Reid called for the vote on the original motion. Page 10 of 13 — 5/14/2012 Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Voting "Abstain" Councilmember Harris. Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 2000CUP-56 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, 18.5436 ACRE (807,759 SQ. FT.) TRACT OF LAND BEING OUT OF LOT 51 AND LOT 53 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY, SECTION 6, RECORDED IN VOL. 135, PG. 501 H.C.D.R., LOCATED IN THE H.T. & B.R.R. CO. SURVEY, A-544, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5719 BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-02 TO EXPAND THE FLOOR AREA OF AN EXISTING STRUCTURE WHILE MAINTAINING EXISTING FRONT LANDSCAPE BUFFER AND PERIMETER FENCE MATERIAL, IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF TERRI LERA, APPLICANT, ON BEHALF OF LEE MEHTA, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Director of Community Development. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000CUP-56 on its first reading. City Manager Bill Eisen stated this is a zoning case requesting for a conditional use permit that would allow an expansion of a used car facility at Strickland Chevrolet and the City has a positive recommendation from the Planning and Zoning Commission with regard to the conditional use permit. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. CUP 2012- 02. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 11 of 13 — 5/14/2012 COUNCIL ACTION — RESOLUTION NO. R2012-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF THE GRANT APPLICATION FOR THE PEARLAND MOBILE COMMAND CENTER TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION. Lieutenant Onesimo Lopez. Councilmember Harris, made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-59. City Manager Bill Eisen stated the Police Department currently has a mobile command center which is an old converted school bus with a little over a hundred thousand miles on it. While it has served the department reasonably well over the years, age and mechanical problems are starting to surface. There is an opportunity to submit a grant as described in the motion. The grant program is a 100% grant by submitting the request now it is our hope to hear back by the end of the budget process to see if it has been approved. Lieutenant Onesimo Lopez stated this is a grant opportunity that came up through the Government. The grant is for the complete funding of the unit. It will be completely outfitted with grant money. The only recurring expenses foreseen are general maintenance items such as tires and maintaining the onboard generator, and the water systems that are going to be included on the system. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" Councilmember Harris. Motion Passed 4 to 1. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:47p.m. To discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE: 1. SECTION 551.071 — REGARDING CONSULTATIONS WITH CITY ATTORNEY — REGARDING MATTERS SUBJECT TO THE ATTORNEY- CLIENT PRIVILEGE. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE FORMS AND PROCEDURES USED FOR EVALUATIONS OF CITY COUNCIL EMPLOYEES. City Council. Page 12 of 13 — 5/14/2012 NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:32 p.m. COUNCIL ACTION — REGARDING MATTERS SUBJECT TO THE ATTORNEY- CLIENT PRIVILEGE. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE FORMS AND PROCEDURES USED FOR EVALUATIONS OF CITY COUNCIL EMPLOYEES. City Council. Mayor Pro -Tem Sherman, made the motion, seconded by Councilmember Owens, to award the City Manager a bonus as discussed in Executive Session, in addition, to the amount previously voted on. Councilmember Harris stated for the reasons she stated in Executive Session and before bonus that are coming out of reserves, she will vote in opposition to this particular motion. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" Councilmember Harris. Motion Passed 4 to 1. ADJOURNMENT Meeting was adjourned at 10:33 p.m. Minutes approved as submitted and/or corrected this the 23RD day of July, A.D., 2012. 1- Tom Reid Mayor Page 13 of 13 — 5/14/2012