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2013-01-14 CITY COUNCIL REGULAR MEETING MINUTES1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 14, 2013 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 Susan Sherrouse Councilmember Woody Owens Councilmember Scott Sherman Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Daniel Baum EMS Operations Director; Matt Buchanan President of Economic Development Corporation; Vance Riley Director of Fire Services; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Claire Bogard Finance Director; Sparkle Anderson Public Affairs Manager; Bob Pearce Purchasing Officer. The invocation was given by Boy Scout of Troop 242 Sam Houston Area Council James Lathan IV and the Pledge of Allegiance was led by Justin Lathan. MAYOR'S ACTIVITY REPORT: Mayor Reid asked Pearland resident Tammy Dexter and Fire Chief Vance Riley to the podium. He further stated Ms. Dexter would like to recognize some City of Pearland Firefighters. Pearland resident Tammy Dexter stated recently her neighbor could not find her cat. Later in the day the neighbor heard the cat in a drainage pipe. The neighbor not knowing how to rescue her cat contacted Ms. Dexter. Ms. Dexter contacted the Fire Department. Fire Lieutenant Jack Johnson, Firefighter Brian Perkins and Firefighter Dale Loewen rescued and reunited the cat with its owner. Ms. Dexter further stated on behalf of Pet Hub Animal Rescue she and the owner of the cat wanted to recognize and thank the Firefighters for the rescue and act of compassion. Mayor Reid reported recently he had the pleasure of giving a proclamation at the Harbor Day Tree Event at the Community Center and the Westside Event Center. He further stated the people were lined up to receive a variety of seedlings. Page 1 of 8 - 1/14/2013 - 7:30 p.m. COUNCIL ACTIVITY REPORTS: Councilmember Owens reported January 8, he went to Austin, Texas to attend the swearing in at the Capital. He further stated he was able to visit with Representatives Larry Taylor and Ed Thompson. It was a good event. Councilmember Sherman reported this is the one month anniversary of the shooting at New Town. January 21, he joined Councilmember Hill and State Representative Ed Thompson and attended a Memorial Candle Light Vigil at Crowder Funeral Home. He thanked Mark Crowder and Tammy Guidry with Crowder Funeral Home for having the Candle Light Vigil. He further stated it was very emotional and there was a good attendance of Pearland residents that wanted to grieve together. He attended 2 Yak Meetings and appreciates all the kids for what they are doing; he further stated on March 28, there will be the Red Hat Literacy Adult Reading Center Luncheon. He would appreciate the continued support for the Adult Reading Center. Mayor Pro -Tem Sherrouse reported in mid December she attended a Pearland Economic Development Corporation Steering Committee; she attended a TxDOT 288 Elected Officials Meeting; she attended the Pearland Citizens Police Academy Alumni Christmas Dinner; she attended a Yak Meeting and further stated it gives her hope for the future to see these kids get involved, pay attention, and learn how government works; she took a tour of Memorial Herman Southeast Hospital, it was very impressive. Councilmember Ordeneaux reported December 11, he hosted a Dinner for Leadership Pearland Education Days; he attended a Yak Meeting and stated the kids are a great group; January 4, he and his family attended the Cotton Bowl, his daughter was a Cheerleader on the field and visited with his son from Sam Houston State; January 10, he attended the Texas Energy Management Association Meeting on how to save on electricity and utility cost. Councilmember Hill reported January 11, he attended the Exchange Club Christmas Party; January 12, attended the Arbor Day Event at the Community Center; attended Judge Roy Simons 90th Birthday at the Lion's Club. CITY MANAGER'S REPORT: City Manager Bill Eisen reported on December 31, the City of Pearland's population increased by 3,000 from the annexation of Municipal Utility District 4, Country Place and the Lakes of Country Place. He further stated next week will be the first meeting with the Transition Committee to make sure there are no gaps in services or any other issues that will need to be addressed. CITIZENS: Nancy Kozanecki, Pet Hub Animal Rescue, addressed Council stating this year they will be doing Operation Paperback. She stated they collect books to send to the military Page 2 of 8 - 1/14/2013 - 7:30 p.m. overseas and to the Veterans Hospital. Last year Pet Hub Animal Rescue collected over 1,600 books and hoping to break that record this year. She gave Council information with details of the plan for Operation Paperback. Lance Foss, 1409 O'Day Road, #57, addressed Council stating he is interested in becoming a Volunteer Firefighter, he started completing the Volunteer Firefighter application, and stopped half way through, not because he has anything to hide, but because his principals and concern for others and what is right and wrong. He further stated he made a request for public information on January 11, 2013. He stated the request reads like this, terms of application for employment, state concisely during the past four years 2009 — 2012 specifically which of twelve terms and the specifics within the terms were used for actual pre-employment, on-going employment and employment termination, how often and specifically for what reason were these terms applied and what benefits were derived for the City and what benefits are derived for the City Worker. DOCKETED PUBLIC HEARING: None. VIII. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 26, 2012, Regular Meeting held at 7:30 p.m. 2. Minutes of the November 12, 2012, Regular Meeting held at 7:30 p.m. 3. Minutes of the October 8, 2012, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-14 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-19 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING THE GRAND AVENUE PLAN, AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE Page 3 of 8 - 1/14/2013 - 7:30 p.m. AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-20 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING THE LOWER KIRBY URBAN CENTER PLAN, AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — TO APPOINT ROBIN R. COLLINS TO POSITION NO. 4 TO SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2015. Mr. Jon Branson, Assistant City Manager. F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER WOODY OWENS FROM THE DECEMBER 10, 2012, CITY COUNCIL REGULAR MEETINGS. City Council. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through F 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: None. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 2000M-96 — 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 AS REFLECTED ON THE ZONING MAP EXHIBIT ATTACHED TO THIS DOCUMENT. ZONE CHANGE 2012-16Z, A REQUEST OF THE CITY OF PEARLAND FOR APPROVAL OF A ZONE CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE AND GENERAL BUSINESS (GB) ZONE WITH CONDITIONAL USE PERMITS (CUP'S) ON Page 4 of 8 - 1/14/2013 - 7:30 p.m. SPECIFIED PROPERTIES (AS LISTED IN THIS ORDINANCE), 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. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to approve Ordinance No. 2000M-96 on its first reading. Mayor Reid read into the record the Planning and Zoning Commission's recommendation to forward to Council for approval of a zone change to Planned Development and General Business with Conditional Use Permits on specified properties. City Manager Bill Eisen reported Council is being asked for approval of the Zone Change 2012-16Z. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FIRE/EMS DISPATCH SERVICES AGREEMENT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-5. City Manager Bill Eisen reported Council is being asked for approval of a resolution awarding a bid for the purchase of Fire and EMS dispatching services to Harris County Emergency Corps. Discussion ensued between Council and a Harris County Emergency Corps representative regarding the location of their facility and tracking incoming calls. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. 1 Page 5 of 8 - 1/14/2013 - 7:30 p.m. COUNCIL ACTION — RESOLUTION NO. R2013-1 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR NORTHWEST WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-1. City Manager Bill Eisen reported Council is being asked for approval to award the contract for construction in the amount of $638,545.00 to Industrial TX, Corporation. Voting "Aye" Councilmember Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EMS INTERLOCAL AGREEMENT WITH FORT BEND COUNTY. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-2. City Manager Bill Eisen reported Council is being asked for approval of the Interlocal Agreement with Fort Bend County. Voting "Aye" Councilmember Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENT OF THE 2013 CHARTER REVIEW COMMISSION. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve appointment of the 2013 Charter Review Commission. City Attorney Darrin Coker reported City Council is scheduled to appoint a new Charter Review Commission. Once appointed the Commission will serve a 6 month term and will conduct meetings based on a schedule determined by the Commission. Councilmember Owens appointed Jerry Koza to the 2013 Charter Review Commission. Page 6 of 8 - 1/14/2013 - 7:30 p.m. Councilmember Sherman appointed Dale Pillow to the 2013 Charter Review Commission. Mayor Pro -Tem Sherrouse appointed Joe Watkins to the 2013 Charter Review Commission. Councilmember Ordeneaux appointed Jeff Koza to the 2013 Charter Review Commission. Councilmember Hill appointed Ruby Sanders to the 2013 Charter Review Commission. Mayor Reid appointed Dale Pillow as the Chairperson to the 2013 Charter Review Commission. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. BN Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens to approve Resolution No. R2013-4. City Manager Bill Eisen reported Council is being asked for approval of Resolution No. R2013-4 approving the offer on the Wheat Ridge Court property. Voting "Aye" Councilmember Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, SUPPORTING THE PLANNED DEVELOPMENT OF THE SH 288 TOLL LANES PROJECT ("PROJECT"), AND PLEDGING FINANCIAL SUPPORT FOR THE PROJECT. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2012-178 as amended. Page 7 of 8 - 1/14/2013 - 7:30 p.m. City Manager Bill Eisen reported Council is being asked to approve Resolution R2012- 178 for consideration of appointment of a representative for the 1420 Committee and agreement to a financial contribution to the 288 Project. Mayor Reid made the recommendation to appoint Councilmember Scott Sherman as the City of Pearland representative for the 1420 Committee. Councilmember Owens made the motion, seconded by Councilmember Ordeneaux to amend the motion to appoint Councilmember Sherman as the City of Pearland representative to the 1420 Committee. Voting "Aye" Councilmember Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmember Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 8:30 p.m. Minutes approved as submitted and/or corrected this the 25th day of February, A.D., 2013. Tom Reid Mayor ATTEST: 'Qo�Q�At?1.gti Yyyng Lo i g,TR C� Sec ry ' Page 8 of 8 - 1/14/2013 - 7:30 p.m.