2012-06-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 25, 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 7:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Susan Sherrouse
Councilmember
Greg Hill
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Harris.
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan
President of Economic Development Corporation; Danny Cameron Director of
Public Works; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager;
Andrea Broughton Deputy Director/City Engineer; Claire Bogard Director of
Finance; Michelle Smith Director of Parks and Recreation; Sparkle Anderson
Public Affairs Manager; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Susan Sherrouse and the Pledge of
Allegiance was let by J.C. Doyle Police Chief.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a Proclamation proclaiming the month of July 2012, as
"National Parks and Recreation Month" to Michelle Smith Director of Parks and
Recreation and Jon Branson Assistant City Manager.
Parks and Recreation Director Michelle Smith reported on July 4, 2012 at 6:00
p.m. there will be a Celebration. A presentation will be given by the VFW
honoring the Veterans. There will also be a great concert, carnival rides and
fireworks.
City Attorney Darrin Coker reported for the last several summers the Legal
department utilizes summer Interns. A couple of years ago Chris Kwon started
interning in Municipal Court. Mr. Coker congratulated Chris for recently
graduating from college and passing the State Bar.
Swearing in of Chris Kwon as an Attorney for the State Bar of Texas by Mayor
Reid.
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Mayor Reid reported June 11-14, he attended the Houston -Galveston Area
Council/Texas Association of Regional Council National Meeting; June 15, he
presented Battalion Chief Aldrin Arthur a Certificate of Appreciation; June 16, he
presented a Proclamation to Ms. Oneida Augusta Banks for her 100th Birthday;
June 18, attended the City Agenda Meeting, Council Workshop and Public
Hearing; June 19, attended the Houston -Galveston Area Council Board of
Directors Meeting, the Steak N Shake VIP Luncheon; June 20, attended the
Kelsey -Seybold Ground Breaking; June 21, attended the United Way Fan Club
Photo at Pearland Neighborhood Center, the Hurricane Preparedness Chamber
of Commerce Luncheon, welcomed attendees at the Pearland Area Hurricane
Seminar; June 22, attended the Transportation Policy Council Board of Directors
Meeting, the Space Center Computer Systems 10th Anniversary for Josh Hari,
met with the Manager of Sams Club, presented a Certificate of Appreciation to
Detective Wayne Moody.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Swim Meet at the Natatorium
and the Track and Field Event. Councilmember Owens recognized newly elected
Councilmember Keith Ordeneaux.
Councilmember Sherrouse reported she had the opportunity to deliver Meals on
Wheels. It was a wonderful opportunity and a great program.
Mayor Pro -Tem Sherman reported this last year he had the honor to serve as
First Vice President of Texas Municipal League Region 14. Because of some
changes after the last Municipal Elections he will act as President of TML Region
14 for the next couple of months. The next TML election he hopes to fill the
President's term for a full year.
Councilmember Hill reported June 12, he attended the Silverlake Lion's Club
Installation of Officers; June 15, attended the Pearland Lion's Club Awards Night,
the Steak N Shake Luncheon; June 22, attended Detective Wayne Moody's
Retirement Event, the Space Center Computer Systems 10th Anniversary for
Josh Hari.
CITY MANAGER'S REPORT
City Manager Bill Eisen introduced Corey Cart the new Vice President of
Destination Marketing for the Pearland Chamber of Commerce.
City Manager Bill Eisen made a Presentation to the Projects Department, Trent
Epperson Director of Engineering and Capital Projects, Andrea Broughton
Deputy Director/City Engineer, Skipper Jones Assistant Director of Capital
Projects, and Andrea Brinkley Project Manager, from the Texas Chapter
American Public Works Association for the "Magnolia Road Expansion Project"
and the "Hillhouse Satellite Service Center Traffic Operations Facility".
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CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the June 4, 2012, Public Hearing held at 6:00
p.m.
2. Minutes of the June 4, 2012, Special Meeting held at 7:00
p.m.
3. Minutes of the June 11, 2012, Public Hearing held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA HARRIS FROM JUNE 11, 2012,
CITY COUNCIL REGULAR MEETING. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
MAYOR TOM REID FROM JUNE 11, 2012, CITY COUNCIL
REGULAR MEETING. City Council.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 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.
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Councilmember Owens made the motion, seconded by Mayor Pro -Tem
Sherman, to adopt Consent Agenda Items A through D 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.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2012-94 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION
SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City
Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-94.
City Manager Bill Eisen reported this is an agreement with Brazoria County to
provide election services during an election. The terms of the agreement are
identical to the agreements the City has had with Brazoria County in the past.
Discussion ensued between Council and City Manager Bill Eisen regarding
clarification of polling locations.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-77 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN
AMENDED INVESTMENT POLICY, INVESTMENT STRATEGY AND
APPROVED BROKERS IN ACCORDANCE WITH CHAPTER 2256 OF THE
GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT").
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012 -77 -
City Manager Bill Eisen reported the Public Funds Investment Act is a State Law
which governs how governments can invest funds. The City is required annually
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to adopt an Investment Policy, Investment Strategy and also specify the brokers
who are authorized to work with the City. There have been a couple of minor
changes with regards to the policy which are noted in the documents City Council
received. Council is being asked to adopt the Investment Policy, Investment
Strategy and the list of brokers.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-96 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TERMINATING A BID
AWARD FOR MECHANICAL SERVICES AND AWARDING A NEW BID FOR
MECHANICAL SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-96.
City Manager Bill Eisen reported in February of this year City Council awarded a
bid and contract for mechanical services. Since award of that contract back in
February the City has experienced some serious performance problems with the
company. Council is being asked to terminate the contract with that company and
go to the second low bid on the list from February and award services to that
company for the remainder of the year. The new company is STP Services.
Discussion ensued between Council, Purchasing Officer Bob Pearce, City
Attorney Darrin Coker and Public Works Director Danny Cameron regarding
favorable references, performance problems and terminating the contract without
penalties.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
FIRST READING OF ORDINANCE NO. 1464 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CLOSING THE PUBLIC
HEARING; ORDERING IMPROVEMENTS AND LEVYING ASSESSMENTS
AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT
OF A PART OF THE COST OF A PORTION OF PUBLIC IMPROVEMENTS IN
THE CITY OF PEARLAND, TEXAS; PROVIDING FOR THE TIME WHEN SUCH
ASSESSMENTS BECOME DUE AND PAYABLE; STIPULATING THE RATE OF
INTEREST AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY,
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MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY
OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS, PROVIDING
FOR THE COLLECTION THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem
Sherman, to approve Ordinance No. 1464 on its First Reading .
City Manager Bill Eisen stated the next two items are related and he would report
on both simultaneously. Mr. Eisen reported Council held a public hearing the last
couple of months regarding street assessments for the construction of Business
Center Drive. The process would be if Council adopts the first item, Ordinance
No. 1464, the second item Resolution No. R2012-83, on this agenda is an
agreement between the City and Pearland Economic Development Corporation.
PEDC and a private property owner would provide some of the cost to construct
Business Center Drive. Through the street assessment process EDC would be
reimbursed 90% of the actual cost of the construction. The second agreement
specifies the terms and conditions.
Discussion ensued between Council and City Manager Bill Eisen regarding the
property owners and the time frame of construction.
Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
COUNCIL ACTION — RESOLUTION NO. R2012-83 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A REIMBURSEMENT
AGREEMENT WITH THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION. Mr. Darrin Coker, City Attorney.
Councilmember Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-83.
Mayor Reid stated Bill Eisen City Manager reported on this action item with the
previous action item, Ordinance No. 1464.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Harris absent.
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1
ADJOURNMENT
Meeting was adjourned at 8:29 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of
October, A.D., 2012.
Tom Reid
Mayor
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