2012-10-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 22, 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 7:43 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: Daniel Baum EMS Director; Danny Cameron Public Works
Director; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and
Capital Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of
Community Development; 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 Greg Hill and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid, City Manager Bill Eisen, EMS Director Daniel Baum and EMS
Administrative Captain Kelly Sears presented Administrative Secretary Raquel
Garza with the Full -Time Employee of the Quarter Award.
Mayor Reid and Director of Community Development Lata Krishnarao presented
a Proclamation proclaiming Saturday, November 10, 2012, as "Pearland Indian's
Diwali 2012 Day" to members of the Diwali Temple.
Mayor Reid, City Manager Bill Eisen and Director of Parks and Recreation
Michelle Smith presented a Proclamation proclaiming the week of October 21 —
27 as "Character Counts Week" to the Parks and Recreation Department.
Mayor Reid reported October 9, he attended the Pearland Chamber of
Commerce Past Chairman Recognition Dinner; October 10, he attended the
Adult Reading Center Board of Directors Meeting; October 11, he attended the
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Ribbon Cutting of Congressman Pete Olson's Pearland Office; October 12, he
was a Celebrity Waiter at the Keep Pearland Beautiful Plant Thyme Fall
Luncheon; October 13, he attended the Kids for Kids Spook and Splash Event at
the Recreation Center/Natatorium and was the Event Speaker at the Indian
Temple Fundraiser; October 15, attended the City of Pearland Agenda Meeting,
P&Z Public Hearings and Workshop, the City Council Photo for the Annual
Report and Calendar; October 16, he attended the Houston -Galveston Area
Council Board of Directors Meeting, he joined the Planning Department Staff for
the Keep Pearland Beautiful Meeting on Monument; October 17, he attended the
Employee of the Quarter Luncheon with City Manager Bill Eisen, Public Affairs
Manager Sparkle Anderson and Multimedia Specialist Debbie Schielke; the
Economic Alliance Houston Port Region Board of Directors Meeting; October 18,
he joined Assistant City Manager Mike Hodge for the Pearland Chamber of
Commerce Leadership Council, attended the Pearland Chamber of Commerce
Luncheon with Police Chief J.C. Doyle as the principal Speaker, and the City of
Pearland Police Academy Graduation for Mayor Pro -Tem Susan Sherrouse;
October 20, he led the Cancer Walk at Bella Vita.
COUNCIL ACTIVITY REPORTS
Councilmember Owens passed on giving a report
Councilmember Sherman reported on October 12, he was a Celebrity Waiter at
Keep Pearland Beautiful Plant Thyme Fall Luncheon; he stated the Brazoria
County Alliance for Children has started the process of getting sponsors to
purchase Christmas gifts for children. These kids are placed in unfortunate
circumstances and through this program they are able to receive their Christmas
wish. If anyone would like to sponsor a child you can contact Brazoria County
Alliance for Children at 979-849-2500 or their website at cac-bc.org.
Mayor Pro -Tem Sherrouse reported on October 11, she attended the Ribbon
Cutting of Congressman Pete Olson's Pearland Office; October 12, she attended
Keep Pearland Beautiful Plant Thyme Fall Luncheon; October 16, she attended
Keep Pearland Beautiful Board Meeting; October 18, she attended the last
Pearland Citizen Police Academy Class; October 20, was the Pearland Citizen
Police Academy Graduation Program; she stated in February 2013, a new
Pearland Citizen Police Academy class will begin. She would encourage anyone
that is interested to join the class. It is fascinating and educational.
Councilmember Ordeneaux reported on October 9, he attended the Pearland
Chamber of Commerce Past Chairman Recognition Dinner; October 14, he
attended the Brazoria County Republican Party Fund Raiser at the Lion's Club in
Pearland; October 18, he attended the Brazoria County Fair to support the kids, it
was very rewarding.
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Councilmember Hill reported on October 12, he was a Celebrity Waiter at the
Keep Pearland Beautiful Plant Thyme Fall Luncheon; he attended the Lion's Club
Turkey Shoot; he stated the Brazoria County Alliance for Children is a very good
organization to donate to or sponsor a child at Christmas time.
CITY MANAGER'S REPORT
City Manager Bill Eisen wanted to recognize the great job Police Chief J.C. Doyle
did as the speaker at the Pearland Chamber of Commerce Luncheon.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the June 25, 2012, Regular Meeting held at
7:30 p.m.
2. Minutes of the September 10, 2012, Public Hearing held at
6:30 p.m.
3. Minutes of the September 10, 2012, Public Hearing held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER WOODY OWENS FROM THE OCTOBER
8, 2012, CITY COUNCIL REGULAR MEETING. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING ORDINANCE NO. 2000M-89 — 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 67.4
ACRES OF LAND LOCATED IN THE H.T. & B. R.R. CO.
SURVEY, ABSTRACT 233, BRAZORIA COUNTY, TEXAS,
MORE PARTICULARLY BEING A PORTION OF LOTS 62, 63,
68, 69, AND 94 OF THE W. ZYCHLINSKI SUBDIVISION OF
RECORD IN VOLUME 29, PAGE 43 OF THE DEED
RECORDS OF BRAZORIA COUNTY TEXAS (B.C.D.R.).
(LOCATED ON THE EAST AND WEST SIDES OF OLD ALVIN
ROAD, PEARLAND, TEXAS), ZONE CHANGE 2012-08Z, A
REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF
S. E. CEMETERIES OF TEXAS, INC., OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE GENERAL
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COMMERCIAL (GC) AND SINGLE FAMILY RESIDENTIAL -1
(R-1) TO THE SINGLE FAMILY RESIDENTIAL -2 (R-2) 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. Mr. Mike Hodge,
Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING ORDINANCE NO. 2000M-90 - 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 ALL OF
THAT CERTAIN 18.26 ACRES OF LAND OUT OF THE 18.284
ACRE TRACT DESCRIBED IN THE DEED FROM DAN
MICHAEL WORRALL, ET. UX. TO VIVIEN NAEVE
RECORDED UNDER DOCUMENT NO. 2004 018266, IN THE
OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS.
(LOCATED EAST OF THE NORTHEAST CORNER OF
PEARLAND PKWY AND JOHN LIZER RD, PEARLAND,
TEXAS), ZONE CHANGE 2012-09Z, A CHRIS LESAK,
APPLICANT, ON BEHALF OF VIVIEN NAEVE, OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE
NEIGHBORHOOD SERVICE (NS) ZONE TO THE SINGLE
FAMILY RESIDENTIAL -1 (R-1) 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. Mr. Mike Hodge, Assistant City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1470 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE
TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT
PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION FOR THE FUTURE
ZONING OF PROPERTY LOCATED WITHIN THE
BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 4. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF MARK WELLMAN, TO POSITION
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NO. A1, AND ROBERT CAMPBELL TO POSITION NO. 4 ON
THE BUILDING/FIRE CODE BOARD OF ADJUSTMENTS FOR
A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2017.
City Council.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-151 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE
SUPPLY BID FOR SIGNS AND SIGN MATERIALS.
Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-150 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A WHEEL LOADER.
Mr. Bill Eisen, City Manager.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-147 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT
SUPPLY BID FOR BIO -SOLID WASTE DISPOSAL SERVICES.
Mr. Bill Eisen, City Manager.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-148 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT
SUPPLY CONTRACT FOR WASTEWATER POLYMER.
Mr. Bill Eisen, City Manager.
Councilmember Sherman asked that Consent Agenda Item E Ordinance No.
1470 be removed from the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Hill, to
adopt Consent Agenda Items A through J with the exception of item E, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
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MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Sherman Consent Agenda Item E was removed
for further discussion.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1470 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE
TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT
PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION FOR THE FUTURE
ZONING OF PROPERTY LOCATED WITHIN THE
BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 4. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember
Ordeneaux, to approve Ordinance No. 1470 on its Second and Final Reading.
City Manager Bill Eisen reported Brazoria County Municipal Utility District No. 4
will become part of the incorporated limits of the City at the end of 2012. All the
property located within the MUD 4 boundaries will be zoned in January 2013.
Zoning the properties when they come into the City is the same procedure that
was utilized with MUD's 1 and 5. It eliminates the need for each property owner
to individually request a public hearing to zone their property. Chapter 211 of the
Local Government Code allows the City to adopt an ordinance, by a 2/3's vote,
prescribing the alternate form of notice. As in the past, the proposed ordinance
will allow for notice of the proposed zoning in the Pearland Reporter News before
the 10th day before the public hearing date.
Councilmember Sherman stated his concern is the City's designated newspaper
is not distributed to residents in MUD 4. He further stated that is why he voted
against the Pearland Reporter as the City's official newspaper because it does
not reach all residents in Pearland.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
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NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2012-149 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY CONTRACT FOR WATER FITTINGS AND RELATED PARTS.
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Resolution No. R2012-149.
City Manager Bill Eisen reported Council is being asked to award a one year
contract with an option for two (1) year renewals for water fittings and related
parts to HD Supply Waterworks, Ferguson Waterworks and MDN Enterprises.
Discussion ensued between Council and Purchasing Officer Bob Pearce
regarding the one year contract with two additional years.
Voting "Aye" Councilmembers Owens, Sherrouse, Ordeneaux, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2012-152 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A NEW
AMBULANCE MODULE ON A NEW CHASIS AND A NEW CHASIS FOR AN
EXISTING AMBULANCE MODULE. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-152 .
City Manager Bill Eisen reported Staff recommends approval to purchase two
ambulances from Sterling McCall Ford in the total amount of $211,575.00 via the
Houston -Galveston Area Council cooperative purchasing contract.
Discussion ensued between Council and Purchasing Officer Bob Pearce
regarding a representative with Sterling McCall Ford not being present to answer
questions.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens
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Voting "No" Councilmeber Sherman.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2012-146 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING
INTENTION TO REIMBURSE PROJECT EXPENDITURES FROM FUTURE
CAPITAL LEASE PROCEEDS. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-146.
City Manager Bill Eisen reported Council is being asked for approval declaring
the City's intent to reimburse itself from future capital lease proceeds for the
purchase of equipment.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at
8:28 p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY.
Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:43 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. City Council.
No Council action taken.
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ADJOURNMENT
Meeting was adjourned at 8:44 p.m.
Minutes approved as submitted and/or corrected this the 10th day of December,
A.D., 2012.
Tom Reid
Mayor
ATTEST:
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