2012-06-11 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 11, 2012, AT 7:30 P.M.,
IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
Mayor Pro -Tem Scott Sherman called the meeting to order at 7:48 p.m. with the
following present:
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Scott Sherman
Woody Owens
Susan Sherrouse
Greg Hill
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Mayor Tom Reid and Councilmember Felicia Harris.
Others in attendance: Jon Branson Assistant City Manager; Mike Hodge
Assistant City Manager; Lata Krishnarao Director of Community Development;
Andrea Broughton Deputy Director/City Engineer; Claire Bogard Finance
Director; Sparkle Anderson Public Affairs Manager; Harold Ellis City Planner;
Johnny Spires Assistant Police Chief; Kelly Sears EMS Administrative Captain;
Skipper Jones Assistant Director of Capital Projects.
The invocation was given by Councilmember Sherrouse and the Pledge of
Allegiance was led by members of Boy Scout Troop 414.
MAYOR'S ACTIVITY REPORT
Mayor Tom Reid was absent.
COUNCIL ACTIVITY REPORTS
Councilmember Owens passed on giving a report.
Councilmember Sherrouse reported she attended several events, but the one
she enjoyed the most was the High School Graduation for Dawson and Pearland.
She also attended Project Graduation that night; she stated Project Graduation is
a wonderful program for kids.
Mayor Pro -Tem Scott Sherman reported on May 25, he and Councilmember Hill
attended the Sugar Land Skeeters game, a Texas Municipal League event. May
26, he had the opportunity and high honor to judge the Pear Cocktail Competition
at Pear Fair 2012 at Pearland Town Center, a good event and a good turnout.
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Councilmember Hill reported on June 07, he attended Linda Cowles retirement
party from Keep Pearland Beautiful, it was well attended; that evening he
attended the Exchange Club Dinner and was inducted as a new member, it was
a lot of fun.
CITY MANAGER'S REPORT
City Manager Bill Eisen wanted to take a moment to congratulate Linda Cowles
on her retirement and wish her the best. Her leadership in that organization has
continued the pattern of that organization being a great partner with the City on
many important projects.
Mayor Pro -Tem Sherman recognized candidates running for office.
Keith Ordeneaux running for City Council Position 4.
Tammy Dexter running for City Council Position 4.
CITIZENS:
Larry Marcott, 3606 Inverness Court, addressed Council and stated he would like
to put his stamp of approval on the discussion of Max Road. He supports
Councils decision. Also, he is happy to see the Council Meetings are now being
televised.
Dale Pillow, 2246 N. Washington Avenue, addressed Council and stated she is
the President and CEO of the Adult Reading Center and in attendance tonight to
support New Business No. 13 on the Agenda. A part of this funding allows us to
assist people to gain skills in resume writing and job searching. One of the best
projects they had this last year was a partnership with the Mexican Institute. They
hosted a 100 hour bilingual literacy computer class. Out of 20 students 11
graduated yesterday at the George R. Brown Convention Center.
Carol Artz-Bucek, 6117 Broadway, President and CEO of the Chamber of
Commerce,addressed Council and introduced Corey Cart the new Vice President
of Destination Marketing for the Chamber of Commerce. Mr. Cart stated he is
excited to be here and is looking forward to working with the City of Pearland.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the April 9, 2012, Regular Meeting held at 7:30
p. M.
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2. Minutes of the May 21, 2012, Special Meeting held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA HARRIS FROM MAY 21, 2012,
CITY COUNCIL REGULAR MEETING. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-78 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY BID FOR EMS MEDICAL SUPPLIES. Mr. Bill Eisen,
City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-79 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN ELECTRIC UTILITIES. Mr. Darrin
Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-91— A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A TRUCK. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherrouse, to adopt Consent Agenda Items A through E as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No None.
Motion Passed 4 to 0, with Councilmember Harris absent.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000CUP-51-A — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT (ORDINANCE 2000CUP-50) FOR CERTAIN
PROPERTY, BEING A 0.9495 ACRE TRACT OF LAND SITUATED IN THE H.T.
& B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY,
TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B
BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED
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RECORDS OF BRAZORIA COUNTY TEXAS (LOCATED AT 7902/7904
BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2011-06 TO ALLOW THE OPERATION OF A RESTAURANT IN THE
NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE REQUEST OF
SUDERSHAN JAMBULAPATI, APPLICANT, FOR GURU OM SAI, 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.
Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Ordinance No. 2000CUP-51-A on its first reading.
City Manager Bill Eisen reported in May of last .year City Council approved a
conditional use permit allowing the operation of a restaurant at the location
described in the motion. The City's Unified Development Code states a
conditional use permit will expire at the end of one year if a building permit has
not been taken out. The owners of the property have been negotiating with
several restaurants over the past year, but have not reached an agreement. The
owners are requesting an extension of the Ordinance No. 2000CUP-50 for
another year to allow more time to reach an agreement with a potential
restaurant for this location. Mr. Eisen stated the Planning and Zoning
Commission has considered the extension of the Conditional Use Permit (CUP)
and recommend approval.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-81 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A
LIBRARY SERVICES AGREEMENT WITH BRAZORIA COUNTY (WESTSIDE
STORE FRONTSUBSTATION). Mr. Bill Eisen, City Manager.
COUNCIL ACTION — RESOLUTION NO. R2012-82 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LIBRARY SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager.
COUNCIL ACTION — RESOLUTION NO. R2012-84 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
BOND REIMBURSEMENT OF CAPITAL EXPENDITURES. Mr. Bill Eisen, City
Manager.
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COUNCIL ACTION — RESOLUTION NO. R2012-85 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
INITIAL PURCHASE OF LIBRARY BOOKS FOR THE PEARLAND WEST
LIBRARY. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2012-81, R2012-82, R2012-84 and R2012-85.
City Manager Bill Eisen reported as indicated there are four items on the Agenda
relating to the West Side Library. Item No. 1 extends the agreement from
October 1, until the time a new facility is open. The extension agreement relates
to the substation at the West Side Event Center. The difference is as of October
1, the County would pick up all the personnel cost where the City is currently
carrying some of the cost. The new agreement is for a joint operation of a six
thousand square foot store front facility. The exact location is still under
negotiation, there are several proposals that appear viable. The City is working
with a Commercial Realtor to help negotiate a favorable lease for the City, similar
to the current agreement for the east side facility. In the Capital Improvement
Program there is $550,000 currently set aside to start the Library. Mr. Eisen
stated Council is being asked to authorize the provision of $320,000 to go
towards the purchase of the collection of initial furniture, books, janitorial
services, utility costs and rent on the facility. With the stipulation If there are
funds in addition to the $320,000 it would be used for acquisition of the initial
collection as well. When the City has a small capital outlay such as this one at
$550,000 and knowing there will be a bond sell next year Council is being asked
to pass a reimbursement resolution allowing the City to use cash on hand to
make the initial capital expenditures.
Discussion ensued between Council and City Manager Bill Eisen regarding cash
on hand to make the initial capital expenditures.
Mayor Pro -Tem Sherman thanked Commissioner Adams for being the motivated
force at the County level. He also thanked City Manager Bill Eisen for everything
he has done to get this project going.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-76 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
2011 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2.
Mr. Bill Eisen, City Manager.
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Councilmember Owens made the motion, seconded by Councilmember
Sherrouse, to approve Resolution No. R2012-76.
City Manager Bill Eisen stated Shadow Creek Ranch development is a Tax
Increment Reinvestment Zone No. 2. As a condition of state law there is a
requirement a report has to be completed annually that includes information of
finances and activities in the Zone. The report has to be accepted through the
form of a motion. City Manager Bill Eisen stated the TIRZ Board did approve the
report.
Discussion ensued between Council and Claire Bogard Finance Director
regarding the finances and improvements in the Shadow Creek Ranch
Development Tax Increment Reinvestment Zone No. 2.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-86 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
DEVELOPMENT AUTHORITY OF PEARLAND TO MAKE REIMBURSEMENT
PAYMENTS AS RECOMMENDED BY REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND, TEXAS. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012 -86 -
City Manager Bill Eisen reported the Development Authority of Pearland Board
(ADP) met and considered a reimbursement to the developer for certain
infrastructure improvements within TIRZ No. 2. The ADP of Pearland is the
actual bond issuing entity. The reimbursement that was approved of $5,100,000
came from two sources. One was the refinancing of debt owed by the ADP to
obtain more favorable interest rates and to free up requirements to hold a dollar
amount in cash reserves. With the refinancing done at a lower interest rate it
gave the ADP the ability to issue another $3,250,000 but still make the same
payments as in prior years because of the lower interest rate. Since holding
certain amounts in reserves was no longer required it freed up another
$1,850,000 resulting in the $5,100,000. Mr. Eisen reported the Development
Authority of Pearland Board did approve the $5,100,000 reimbursement. Council
is being ask to authorize these payments.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012- 88 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES ASSOCIATED WITH THE COWART'S CREEK REGIONAL
DETENTION PUMP STATION. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-88.
Assistant City Manager Mike Hodge reported this contract is for services that will
be performed by Jacob's Project Management Company for $114,071. The fee is
in line for what we normally see for this range. There are representatives from
the company present to answer questions anyone may have. The City has used
them in the past on previous jobs with good results.
Discussion ensued between Council and Assistant City Manager Mike Hodge
regarding the project.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-87 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE COWART'S
CREEK REGIONAL DETENTION PUMP STATION. Mr. Bill Eisen, City
Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherrouse, to approve Resolution No. R2012-87.
City Manager Bill Eisen reported this is the actual construction that will be
inspected by Jacob's Project Management Company. The low bid for the project
was Reddico Construction for $1,083,680.90. The City has had prior experience
with this company on other projects with good results.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-80 — 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
FREESE-NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH
WATER AND SEWER IMPACT FEE STUDY UPDATE. Mr. Bill Eisen, City
Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-80.
City Manager Bill Eisen reported for a number of years the City had levied water
and sewer impact fees. Impact fees are paid by the developers as they tie on
new development to the City's water and sewer system. Those impact fees are
designed to offset the cost of expanding the system to meet the needs of new
development. The state law that allows those fees to be imposed requires an
extensive process for evaluating and setting those fees. They also require the
fees to be reviewed and updated every five years. The last two times the work
was done by Freese -Nichols, Inc. with favorable results. The fee being proposed
by Freese -Nichols is $74,100. It is staff recommendation to award the contract to
Freese -Nichols, Inc.
Discussion ensued between Council and City Manager Bill Eisen regarding the
contract and the impact fee study.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-89 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CUSTODIAL SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherrouse,
to approve Resolution No. R2012-89.
City Manager Bill Eisen reported one of City Council's goals over the past couple
of years has been to urge City staff to look at possibilities to contract for various
City services currently being provided by in-house staff. One of the areas
identified as a possibility is Custodial services. Staff is proposing to contract
Custodial services for the Recreation Center/Natatorium. A&A Cleaning Services
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is a Pearland based company. Their bid for services is $66,800 as compared to
calculated in-house cost of $81,800 which meets the parameter of providing a
savings to the City. City Manager Bill Eisen reported last year Council passed a
policy indicating the City to give preference to local Pearland based companies
when considering award of bids for services or products. A&A Cleaning Services
is being recommended for approval.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-90 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherrouse, to approve Resolution No. R2012-90.
City Manager Bill Eisen reported in 2010 City Council awarded a bid to Napco
Chemical Company for purchase of various water treatment chemicals and
chemicals associated with the wastewater system. The award at that time was a
one year contract with options to renew for one year time periods up to two
years. The company has indicated the desire to continue the contract for an
additional year and agreed to provide chemicals specified in the bid process at
the same price as provided the last two years. Staff recommends awarding a one
year extension to Napco Chemical Company Incorporated at an estimated
expenditure for the upcoming twelve-month time frame of $575,000.
Councilmember Owens stated he would like it to be noted even though there is an
option to renew it will be brought back to City Council for approval.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-92 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION FOR
PROGRAM YEAR 2012 AND FISCAL YEAR 2013. Mr. Bill Eisen, City Manager.
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Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-92.
City Manager Bill Eisen reported staff recently received word from the Federal
Department of Housing and Urban Development with the amount of the
Community Development Block Grant Program Allocation for program year 2012
and 2013 for the amount of $284,818. Council is being asked to approve a
proposed plan of expenditures for funds for the upcoming year with the costs
divided amongst several recipients. Mr. Eisen gave an overview of the proposed
plan and expenditures.
Voting "Aye" Councilmembers Owens, Sherrouse, and Hill.
Voting "No" None.
Motion Passed 3 to 0, with Mayor Pro -Tem Sherman abstaining, Councilmember
Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-93 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
ADJUSTMENTS TO THE GENERAL FUND TO HIRE AN ADDITIONAL
BUILDING INSPECTOR FOR THE COMMUNTITY DEVELOPMENT
DEPARTMENT. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-93.
City Manager Bill Eisen reported occasionally a need will come up midyear that
needs to be addressed outside the normal budget process. With the significant
increase in Building permits being issued this year and with the existing staff the
City is not able to do the quality of inspections that are needed. City Manager Bill
Eisen stated the recommendation is for City Council to authorize the addition of a
Building Inspector.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Inspection Department and the need for additional Inspector.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
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OTHER BUSINESS:
Council adjourned into Executive session under Texas Government Code at 8:47
p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS —
REGARDING APPOINTMENTS TO THE CITY'S
VARIOUS BOARDS AND COMMISSIONS. Mayor Tom
Reid.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:09 p.m.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S
VARIOUS BOARDS AND COMMISSIONS. City Council.
Councilmember Sherrouse made the motion, seconded by Councilmember Hill,
to appoint Linda Cowles to serve on the Planning and Zoning Commission
Position No. 2 for a term expiring November 1, 2014.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
ADJOURNMENT
Meeting was adjourned at 9:09 p.m.
Minutes approved as submitted and/or corrected this the 13th day of August,
A.D., 2012.
Tom Reid
Mayor
ATTEST:
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