2012-07-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 23, 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 7:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Susan Sherrouse
Woody Owens
Scott Sherman
Keith Ordeneaux
Greg Hill
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Danny Cameron
Public Works Director; Mike Hodge Assistant City Manager; Claire Bogard
Finance Director; Skipper Jones Assistant Director of Capital Projects; Bob
Pearce Purchasing Officer.
The invocation was given by Tony Carbone, President of the Pearland Chamber
of Commerce and the Pledge of Allegiance was led by Carol Artz-Bucek CEO of
the Pearland Chamber of Commerce.
MAYOR'S ACTIVITY REPORTS:
Mayor Reid reported on July 11, he attended the Adult Reading Center Board of
Directors Meeting; July 12, joined Councilmembers and Staff at the Houston -
Galveston Area Council Elected Officials Sub -Regional Planning Meeting and
Open House; July 13, attended the Pearland Chamber of Commerce Before
Business Breakfast; July 17, attended the Houston -Galveston Area Council
Monthly Board of Directors Meeting; July 18 — 20, represented Pearland and
Houston -Galveston Area Council at the Texas Association of Regional Councils
Quarterly Board of Directors Meeting; July 23, participated in Early Voting for the
Run -Off Election.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported he joined City Manager Bill Eisen and attended
the State Highway 288 Partnership Committee Meeting.
Councilmember Sherman passed on giving a report.
Page 1 of 10 — 7/23/2012
Mayor Reid recognized Councilmember Scott Sherman as the incoming
President of the Texas Municipal League Region 14 to take place on August 18,
2012.
Mayor Pro -Tem Sherrouse reported July 10, she attended the Silverlake Lions
Club Meeting; July 12, attended the Zoning Board of Adjustments Meeting; the
next week she attended the Houston -Galveston Area Council Meeting.
Councilmember Ordeneaux reported on July 12, he attended the Houston -
Galveston Area Council Elected Officials Sub -Regional Planning Meeting;
attended the Zoning Board of Adjustments Meeting.
Councilmember Hill reported he attended the Texas Municipal League
Conference.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported he attended the State Highway 288 Partnership
Committee Meeting. The initial improvement for the State Highway 288 project
will be the construction of two lanes and the existing median. The intent is to
increase the carrying capacity of the roadway. Mr. Eisen further reported he
attended the Brazoria County Economic Development Alliance Quarterly
Membership Meeting.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA ALL ITEMS LISTED UNDER THE "CONSENT AGENDA"
ARE CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO
DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER
REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM
WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY
SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA).
APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF
LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the May 14, 2012, Regular Meeting held at 7:30
p.m.
2. Minutes of the June 18, 2012, Public Hearing held at 6:30
p.m.
3. Minutes of the June 18, 2012, Special Meeting Held at 6:00
p.m.
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L
4. Minutes of the June 25, 2012, Special Meeting held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1465 - AN
ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY
OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND
ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES (AREA
GENERALLY LOCATED AT THE CORNER OF KINGSLEY
ROAD AND WEST BROADWAY); APPROVING A SERVICE
PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS
AND SEVERABILITY CLAUSE. ANNEXATION AREA 3.
Ms. Lata Krishnarao, Director of Community Development.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000CUP-57 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, LOT 2 OF 1011 MAIN
ADDITION, A SUBDIVISION OF 10.2734 ACRES SITUATED
IN THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 542,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN CLERK'S FILE NO. 2012009314 OF THE OFFICIAL
RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT
1011 N. MAIN, PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2012-03 TO ALLOW THE
OPERATION OF AN AUTO REPAIR FACILITY (MAJOR), IN
THE GENERAL COMMERCIAL (GC) DISTRICT AT THE
REQUEST OF NARSH, INC, APPLICANT AND 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.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-109 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE OFFICIAL NEWSPAPER OF RECORD FOR PUBLISHING
CITY LEGAL NOTICES. Mr. Bill Eisen, City Manager.
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E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-108 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR ROAD STRIPING SERVICES. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-107 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR WATER AND WASTEWATER ANALYSIS SERVICES.
Mr. Bill Eisen, City Manager.
G CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO.1466 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN TWENTY FOOT (20') ALLEYWAY
RECORDED IN THE 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 Sherman asked that Consent Agenda Item D be removed from
the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem
Sherrouse, to adopt Consent Agenda Items A through G with the exception of
Item D, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Councilmember Sherman Consent Agenda Item D was
removed for further discussion.
Page 4 of 10 — 7/23/2012
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-109 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE OFFICIAL NEWSPAPER OF RECORD FOR PUBLISHING
CITY LEGAL NOTICES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Consent Item D, Resolution No. R2012-109 as presented
on the Consent Agenda.
Councilmember Sherman stated his concerns are the Official Newspaper is not
widely distributed throughout the City nor does it have a website. As a City we
want to continue the openness of our government and the residents to have
access to what goes on in the City. It is appropriate that the City utilizes a
newspaper that all residents have access to.
Discussion ensued between Council, Purchasing Officer Bob Pearce and the
Reporter Newspaper Owner Randy Emmons regarding the website and
circulation of the Newspaper.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
NEW BUSINESS:
FIRST AND ONLY READING OF ORDINANCE NO. 1467 — AUTHORIZING
ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER SYSTEM
REVENUE AND REFUNDING BONDS, SERIES 2012; PRESCRIBING THE
TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT
THEREOF; ESTABLISHING PARAMETERS WITH RESPECT TO THE SALE
OF THE BONDS; AUTHORIZING .THE PREPARATION AND DISTRIBUTION
OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE
SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND
INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS
AND MATTERS INCIDENT THERETO; AUTHORIZING EXECUTION AND
DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN
ESCROW AGREEMENT; CONTAINING OTHER MATTERS RELATED
THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember
Owens, to approve Ordinance No. 1467 on its First and Only Reading.
Page 5 of 10 — 7/23/2012
City Manager Bill Eisen reported this is a bond sale the City contemplated during
the budget process last year. It involves funding of several water and sewer
projects with water and sewer revenue bonds.
Ryan O'Hara with BOSC, Inc. the City's Financial Advisor and Rick Witte with
Andrews Kurth, LLP. the City's Bond Council gave an overview of the new
money issuance, refinancing opportunity and establishing parameters.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 681-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 11,
ARTICLE IV, FOOD WORKER REGISTRATION, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, FOR THE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Ordinance No. 681-1 on its First Reading.
City Manager Bill Eisen reported the current City Ordinance requires a person
working in a Pearland restaurant handling food must obtain a food handlers
permit. The permit is issued to those that attend a Food Handlers Class provided
by the City. There is now a State Law in place requiring all Texas Cities and
Counties to accept a State Health Service Certificate. Council is being asked to
approve the Ordinance eliminating the City provided class and accept the State
Health Certificate issued by the State of Texas.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-105 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR
THE FITE ROAD PROJECT. Mr. Bill Eisen, City Manager.
Page 6 of 10 — 7/23/2012
Councilmember Ordeneaux made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-105.
City Manager Bill Eisen stated this item and the next item on the agenda are
similar and he would report on both simultaneously. Mr. Eisen reported earlier
this year the City submitted applications for State funding on several road
segments. Two of the road segments are Resolution No. R2012-105 Fite Road
Project and Resolution No. R2012-104 Max Road Project. For the City to be
eligible for funding from the State the City must enter into these agreements
required by TxDot. Council is being asked to consider the Advanced Funding
Agreement.
Discussion ensued between Council, City Manager Bill Eisen, Finance Director
Claire Bogard and Assistant City Manager Mike Hodge regarding the information
on the budget.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-104 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR
THE MAX ROAD PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-104.
Mayor Reid stated City Manager Bill Eisen reported on this action item with the
previous action item, Resolution No. R2012-105.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-106 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RE -AWARDING A BID
FOR GROUNDS MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
Page 7 of 10 — 7/23/2012
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-106.
City Manager Bill Eisen reported this involves ground maintenance that was part
of a bid process in May of this year 2012. Award of bids was made and the work
was split between several companies. One of the companies was unable to
perform in a satisfactory way and the contract was terminated. The company with
the next low bid indicated they would accept the contract. After Council acted to
award the contract, that company received several larger contracts at the same
time. The company opted not to accept the contract from the City. The third low
bid on the list indicated to the City their estimator made some errors on their bid
to the City. They could not honor the bid they submitted to the City. Council is
being asked to award the contract to Texas Lawn and Landscape Services the
fourth low bid.
Discussion ensued between Council, City Manager Bill Eisen and Director of
Parks and Recreation Michelle Smith regarding Texas Lawn and Landscape
Services regarding the contract and the City's Parks and Recreation
Maintenance Workers.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-110 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR DITCH CLEANING SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Resolution No. R2012-110.
City Manager Bill Eisen reported this award is for cleaning open ditch drainage
facilities throughout the City limits. This year it is budgeted for $240,000. The
Public Works department will assign the work to the Contractor of the company
until we get to that estimated amount in the budget. The company recommended
to do the work is Donmar Grading Inc.
Discussion ensued between Council, City Manager Bill Eisen and Public Works
Director Danny Cameron regarding a survey for specifications and how often
ditches are cleaned.
Page 8 of 10 — 7/23/2012
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-111 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT
FOR TRANSPORTATION SERVICES. Mr. Jon Branson, Assistant City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-111.
City Manager Bill Eisen reported the agreement would be with Gulf Coast Center
to provide the Transportation Services.
Discussion ensued between Council and Assistant City Manager Jon Branson
regarding the number of trips and distance made by Transportation Services.
Councilmember Sherman made the motion, seconded by Councilmember Owens
to postpone Resolution No. R2012-111 to the next Regular Council Meeting.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-103 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY'S
UNIDIRECTIONAL FLUSHING PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Owens, to approve Resolution No.2012-103.
City Manager Bill Eisen reported the Unidirectional Flushing Project is a program
designed to flush various hydrants to improve water quality in the City. Council is
being asked to enter into an agreement for engineering services with the firm of
Freese -Nichols, Inc.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Page 9 of 10 — 7/23/2012
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive session under Texas Government Code
at 8:36 p.m. to discuss the following:
1. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING PENDING LITIGATION.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:24 p.m.
COUNCIL ACTION — REGARDING PENDING LITIGATION. City Council.
Councilmember Sherman made the motion, seconded by Councilmember
Ordeneaux, authorizing Staff to proceed with the settlement Pending Litigation as
discussed in Executive Session.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at: 9:25 p.m.
Minutes approved as submitted and/or corrected this the 17th da ptember,
A.D., 2012.
Tom Reid
Mayor
ATTEST:
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