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2013-02-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 11, 2013, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Sherrouse called the meeting to order at 7:30 p.m. with the following present: Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Mayor 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; Matt Buchanan President of Economic Development Corporation; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director; Sparkle Anderson Public Affairs Manager; Skipper Jones Assistant Director of Capital Projects; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Woody Owens and the Pledge of Allegiance was led by Zach Bulpitt Youth Action Council. MAYOR'S ACTIVITY REPORT: Mayor Pro -Tem Sherrouse reported February 5, she attended the Pearland Economic Development Strategic Planning Committee Meeting; she attended the 36th kick off meeting of the Pearland Citizens Police Academy; she volunteered to stuff envelopes for the Pearland Police Academy; she was privileged to present a Proclamation to the Pearland High School Chamber Choir. Mayor Pro -Tem Sherrouse and City Manager Bill Eisen acknowledged the achievement of a LEED Silver Certification for the Pearland Public Safety Building from the U.S. Green Building Council to Trent Epperson Director of Engineering and Capital Projects and Skipper Jones Assistant Director of Capital Projects. Mayor Pro -Tem Sherrouse recognized candidates running for office. Page 1 of 16 — 2/11/2013 Gary Moore running for City Council Position No. 1. Tony Carbone running for City Council Position No. 1. Councilmember Greg Hill running for re-election for City Council Position No. 5. Mayor Pro -Tem Sherrouse recognized Zach Bulpitt with the Youth Action Council. She further stated she will join Councilmember Sherman in traveling with the Youth Action Council to attend the Youth Action Council Convention in Port Arthur, Texas. Representative Mr. Sparks with Country Place South Home Owners Association addressed Council and stated they are pleased with the annexation. He further stated the residents appreciate the services the City provides. COUNCIL ACTIVITY REPORTS: Councilmember Owens stated it is great to hear that residents are glad to be annexed. He further stated Country Place is a fine group of people and the City is glad to have them as part of the City of Pearland. He stated as part of the Greater 288 Partnership he will be going to Austin, Texas on February 13, to go through the Legislation; on February 17-19 will be Brazoria County Day in Austin, Texas; on February 27-28, will be Pearland Day in Austin, Texas. He further stated those are three events that he will be attending to take the Legislative Agenda of things that concern the City of Pearland and Brazoria County. They are great events and they are open to anyone that would like to attend. Councilmember Sherman reported he attended the YMCA Annual Campaign Event honoring Ruby Sanders; February 5, he joined Mayor Pro -Tem Sherrouse and attended the Pearland Economic Development Steering Committee Meeting; he further stated on February 12, he will have the opportunity to see the Westside Library while it is under construction and hopefully it will be completed in April and open to the public in June; on March 28, will be the Adult Reading Center Red Hat Literacy Luncheon at the Knights of Columbus Hall. Councilmember Ordeneaux reported he attended the YMCA Annual Campaign Event honoring Ruby Sanders; he further stated he is looking forward to Pearland Day and Brazoria County Day in Austin, Texas. Councilmember Hill reported he is on the YMCA Board and they have a goal to raise $130,000.00. He further stated the YMCA gives back to the Community to ones that cannot afford membership or not able to take part in some of the programs offered by the YMCA; he further stated it was nice to honor Ruby Sanders, she has done a lot in the community and was very instrumental in getting the YMCA in Pearland; February 5, he attended the Shriners National Pancake Day; February 7, the Silver Lake Lions Club hosted a Zone Meeting, all Page 2 of 16 — 2/11/2013 the area Lion Clubs were in attendance at Spring Creek Bar -B -Q, the Zone Meeting went very well; February 9, he participated in a walk for Jacob Smiley called Keep the Beat, he further stated Jacob has a congenital heart defect along with several other kids in the Houston area; that night he attended the Lincoln Ragan Dinner in Lake Jackson, a great event. CITY MANAGER'S REPORT: City Manager Bill Eisen reported Pearland has always been blessed by the number of people in the community that are willing to dedicate and donate their time to volunteer for the betterment of the community. With the assistance of Fire Chief Riley and Mayor Pro -Tem Sherrouse, Mr. Eisen had the privilege to recognize Earl Pike, Will Reihle, Mario Ulloa, Abdelhamid, Byron Oujesky, Corey Harrison, Merle Lauritsen, Jared Briggs, Miguel Leal, and Carlos Montano - Sanchez as Volunteer Firefighter Graduates of the Fire Training Program. CITIZENS: Lance Foss, 1409 O'Day Road #57, addressed Council and stated Alvin School Superintendant Dr. Fred Brent stated earlier that Algebra I is an indicator to prepare someone for college. He further stated that is not accurate. Pre - calculus, trigonometry and calculus prepares a person for college. He stated if students do not have those subjects in high school they are forever limited. He thanked Council for scheduling Council Meetings at a time that the residents are able to attend and can participate. Frank Ross, 2127 Lee Road, addressed Council and stated he is one of the many members of the board of Directors for the Pearland BMX. For the past 13 years Pearland has been the home to one of the top BMX tracks in the country. He further stated the success of the organization in 2011 earned the organization the right to host the 2012 Texas State Finals. That event last August brought in 1.3 million dollars of tax revenue to the City of Pearland. The success continued through 2012 which earned the organization the right to host this summer's 2013 Texas State Finals. He stated unfortunately the organization was unable to renegotiate the lease agreement with the current landlord on the facility. As of January 1, 2013 the organization does not have a home. The organization has been working with Pearland Parks and Recreation department to hopefully someday build a Premier BMX facility in Pearland. For now the organization is looking for a temporary home. Unfortunately without a facility the organization will have to take the summer 2013 Texas State Finals to another track outside the City. He further stated he believes in the organization and the City of Pearland. Glenn Gross, 2317 Country Club Dr. addressed Council and stated it was unfortunate to lose the BMX track. He stated he started going to the BMX track 7 years ago. He further stated because of his involvement with the BMX track he has become a healthier and more driven person. Page 3 of 16 — 2/11/2013 DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES. 1. Minutes of the December 3, 2012 Public Hearing held at 6:30 p.m. 2. Minutes of the January 7, 2013, Special Meeting held at 6:00 p.m. 3. Minutes of the January 14, 2013, Special Meeting held at 7:00 p.m. 4. Minutes of the January 21, 2013, Joint Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 1467- A (1) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 1467-A (2) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING THE CITY'S PLANNING AND ZONING COMMISSION AS ITS CAPITAL IMPROVEMENTS ADVISORY COMMITTEE, AND ADOPTING RULES OF PROCEDURE THEREFOR. Mr. Bill Eisen, City Manager. Page 4 of 16 — 2/11/2013 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR AUTO PARTS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2012. Mr. Bill Eisen, City Manager. Councilmember Owens asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through F with the exception of item E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Councilmember Owens Consent Agenda Item E was removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR AUTO PARTS. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens to approve Resolution No. R2013-28. City Manager Bill Eisen reported this is a one year contract to award a bid for the purchase of auto parts for the maintenance and repair of City vehicles to Pearland Standard Auto Parts and XL Parts. Discussion ensued between Council and Purchasing Officer Bob Pearce regarding the estimated 1.4% annual increase and splitting the bid. Page 5 of 16 — 2/11/2013 Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 2000M-98 — 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 A 33.307 ACRE TRACT IN THE H. T. & B. R.R. COMPANY SURVEY SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS. SAID 33.307 ACRE TRACT IS PART OF LOT 45, PART OF LOT 55, AND ALL OF LOTS 56 AND 57 OF THE ALLISON- RICHEY GULF COAST HOME SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 107 IN THE BRAZORIA COUNTY PLAT RECORDS. SAID 33.307 ACRE TRACT COMPRISES THOSE TRACTS OF LAND DESCRIBED IN DEEDS TO GEORGE RITCHEY, AND WIFE KAREN RITCHEY, AS RECORDED IN CLERK'S FILE NO'S 97-019237, (AS CORRECTED BY 97-032332), 99-015625 AND 96-019344 (LOT 57 ONLY), ALL FILED OF RECORD IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATION BEING NORTH OF SUMMER BREEZE DRIVE, BETWEEN MILLER RANCH AND SILVER LAKE PKWY, PEARLAND, TX), ZONE CHANGE 2013-02Z, A REQUEST OF KEVIN COLE, APPLICANT, ON BEHALF OF KAREN RITCHEY, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE SINGLE FAMILY RESIDENTIAL -3 (R-3) 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. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve the First Reading of Ordinance No. 2000M-98. Mayor Pro -Tem Sherrouse read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Zone Change 2013-02Z. City Manager Bill Eisen reported this is a request for a zone change north of Summer Breeze Drive between Miller Ranch Road and Silver Lake Parkway. 1 Page 6 of 16 — 2/11/2013 CITIZENS: Matt Gibb, 2403 Sunlight Lane, addressed Council and stated Pearland's traffic issues are getting worse. He stated he moved to Sunrise Lakes sub -division to be closer to his employment. With more subdivisions being built next to Sunrise Lakes the traffic is getting more congested for residents of Sunrise Lakes trying to get to work. He also stated with denser population there are more crimes. He further stated instead of building more subdivisions why not build more parks or walkways for the residents to enjoy. Kevin Cole, 11233 Shadow Creek Parkway, addressed Council and stated he is representing Karen Ritchey, the owner of the property in discussion. He stated the requested zone change is to match the zoning of Sunrise Lakes subdivision. He stated as a developer he would like to be a good neighbor to the neighborhoods. Tom Rasberry, 2418 S. Main, addressed Council and stated he would like to asked Council when considering re -zoning property to take into consideration the surroundings. He stated his interest is mainly commercial property, when his property was re -zoned he was told he could not utilize his property in the same manner. Such as a service type business. Which affected the value of his property which in turn effects his retirement. Charles Johnson, 2612 Sunfish Drive, addressed Council stating all the residents living in Sunrise Lakes subdivision are worried. He further stated they do not want cluster housing or apartments. They want people who will have a vested interest in their property. He further stated the residents signed an on-line petition and was told by the City's Legal department an on-line petition does not count. Karen Ritchey, 3110 Bruno Way, addressed Council stating she is the owner of the property in discussion. She further stated she has not been able to develop the property the way the City wants her to. She is asking Council to help this property be developed to its potential which is a single family Residential -3 zone. Councilmember Sherman stated cluster housing is not apartments. He further stated the homes that are going to be built will be like the ones already there. Councilmember Ordeneaux stated Council is not proposing a multifamily zone change. He stated he agrees with Councilmember Sherman that the houses that are going to be built in this area will look like the homes that are currently there. He further stated he seen the on-line petition and was not aware that an on-line petition would not count. City Attorney Darrin Coker stated an on-line petition was not discussed with him. Page 7 of 16 — 2/11/2013 Councilmember Hill stated multifamily zoning is not what Council is discussing tonight. He further stated he is against multifamily zoning. He asked Kevin Cole to explain cluster development. Kevin Cole stated clustering means developing only a portion of the property. Literally putting as many lots as possible on a portion of the property. Under cluster zoning there is no minimum lot size. He further stated the property in discussion tonight will not be cluster zoned. The average lot size for the property in discussion will be 8,100 to 8,200 square feet. Councilmember Owens stated in the zoning aspect Council has to look at what is compatible to the area. Mayor Pro -Tem Sherrouse stated you should never say never, but she does not foresee the current Councilmembers to vote for multifamily units in the near future. She further stated the apartments on the west side of Pearland were approved before most of the current Councilmembers were on Council. She stated that was part of a Master Plan Community. She further stated it is better to zone the property now as an R-3 like the surrounding property because in 5 years with a different Council it could become a multifamily opportunity. Regina Young, 2610 Sunrise Harbor Lane, addressed Council and stated she believes the residents are afraid if this property is not approved as an R-3, anything can be built next to their subdivision and the residents will not be able to do anything. Jimmy Tiemann, 9505 Sunnyview Court, addressed Council and asked for clarification regarding sidewalks, parks, and if the new subdivision is going to be part of Sunrise Lakes. He further asked for clarification regarding the Home Owners Association and Community Facilities. City Manager Bill Eisen stated regarding other specifications other than lot size, there are previsions regarding how close to lot lines buildings can be constructed. He further stated there is a City Ordinance that requires either park land be dedicated or the developer can pay into a Park Development Fund that would pay for a park to be developed in the approximate area, but not necessarily in the subdivision. He further stated the new subdivision will have their own Home Owners Association and Community Facilities. Councilmember Ordeneaux stated any land owner can come before Council and request a zone change. He further stated if the residents do not want a multi- family zone change; the current Councilmembers are the ones you would want to have this zone change in front of. He stated he views Councils roll is to make sure changes are compatible to the area and not a hinderants to the City as a whole. Page 8 of 16 — 2/11/2013 Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Sherrouse recessed the regular meeting at 8:52 p.m. Mayor Pro -Tem Sherrouse called the regular meeting back to order at 8:59 p.m. FIRST READING OF ORDINANCE NO. 2000M-97 — 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 THAT CERTAIN 7.650 ACRES OUT OF SECTION 16, H.T. & B. R.R COMPANY SURVEY, ABSTRACT NO. 546 AND BEING A PORTION OF THAT CERTAIN TRACTS DESCRIBED IN A DEED DATED 04-11-2002 FROM EDWIN HUNTER HARRIS, ET UX. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NO. 02-017799 AND A PORTION OF THAT CERTAIN TRACT AS DESCRIBED IN A DEED DATED 12-17-1997 FROM EDWIN HUNTER HARRIS, SR. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY AT CLERK'S FILE NO. 97-044957. (LOCATED AT NORTHEAST CORNER OF MAGNOLIA AND MANVEL ROADS, PEARLAND, TEXAS), ZONE CHANGE 2013-01Z, A REQUEST OF MICHAEL POLLAK, APPLICANT, ON BEHALF OF MARILYN BULLARD, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE NEIGHBORHOOD SERVICE (NS) ZONE WITH AN OVERLAID CONDITIONAL USE PERMIT (CUP) FOR A CHILD DAYCARE CENTER AND RESTAURANT WITH OR WITHOUT A DRIVE-THRU, 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 Hill made the motion, seconded by Councilmember Ordeneaux, to approve the First Reading of Ordinance No. 2000M-97. Mayor Pro -Tem Sherrouse read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Zone Change 2013-01Z. City Manager Bill Eisen reported this property is located at the northeast corner of Magnolia and Manvel Roads, the owner of the property is requesting a zone change from a single family R-1 to the Neighborhood Service Zone. Page 9 of 16 — 2/11/2013 Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-99 — 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 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), ZONE CHANGE 2013-03Z, A REQUEST OF TRANQUILITY PLAZA, LLC, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE GENERAL BUSINESS (GB) 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. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve the First Reading of Ordinance No. 2000M-99. Mayor Pro -Tem Sherrouse read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Zone Change 2013-03Z. City Manager Bill Eisen reported this is a request of Tranquility Plaza, applicant and owner, for approval of a zone change from Neighborhood Service zone to the General Business zone. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-23 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION TO BE HELD ON Page 10 of 16 — 2/11/2013 SATURDAY, MAY 11, 2013, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS POSITION NO. 1 AND POSITION NO. 5 OF THE CITY OF PEARLAND CITY COUNCIL. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-23. City Manager Bill Eisen reported in order to comply with the Election Code of the State of Texas, City Council shall "Order' the upcoming General Election by passing a Resolution. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-24 — 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 Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-24. City Manager Bill Eisen reported Council is being asked to approve the contract to authorize Brazoria County to conduct the May 11, 2013 General Election. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR THE PURCHASE OF A PUMPER TRUCK AND AN AERIAL LADDER TRUCK. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherrouse, to approve Resolution No. R2013-30. City Manager Bill Eisen reported Council is being asked to approve the purchase Page 11 of 16 — 2/11/2013 one Pierce aerial ladder truck and one Pierce pumper truck from Siddons-Martin Emergency Group in the total amount of $1,231,615.00. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION OF FIRE & EMS STATION NO. 3. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-10. City Manager Bill Eisen reported Council is being asked to enter into a professional services agreement with Brown Reynolds Watford Architects, Inc. in the amount of $265,090.00 for architectural services for the Fire and EMS Station #3 project. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY TO COORDINATE THE EXPENDITURE OF COASTAL IMPACT ASSISTANCE PROGRAM (CTAP) FUNDS TO CONSTRUCT IMPROVEMENTS TO THE JOHN HARGROVE ENVIRONMENTAL CENTER. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-22. City Manager Bill Eisen reported Council is being asked for approval of the inter- local agreement with Brazoria County. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Page 12 of 16 — 2/11/2013 Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1477 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN ROAD AND PUBLIC EASEMENTS 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 Hill made the motion, seconded by Councilmember Sherman, to approve the First Reading of Ordinance No. 1477. City Manager Bill Eisen reported Staff proposes the abandonment of an unused 40 foot right-of-way easement that bisects the proposed site. Voting "Aye" Councilmembers Hill, Sherman, Owens, and Sherrouse. Voting "No" None. Voting "Abstain" Councilmember Ordeneaux. Motion Passed 4 to 0 with 1 abstention. COUNCIL ACTION — RESOLUTION NO. R2013-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CLEARING AND GRUBBING SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-12. City Manager Bill Eisen reported Council is being asked to award the contract for clearing in the amount of $154,099.20 to W.M. Jones Construction, Inc. Discussion ensued between Council and the W.M. Jones Construction Representative regarding their experience with this type of work. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 13 of 16 — 2/11/2013 COUNCIL ACTION — RESOLUTION NO. R2013-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND REQUESTING THE MEMBERS OF THE 83rd LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013 -27 - City Manager Bill Eisen reported as a local municipality that has benefited from and could continue to benefit from the grant program, staff recommends Council approve the resolution to be sent to the 83 d Legislature. Discussion ensued between Councilmembers and City Manager Bill Eisen regarding a Pearland Representative attending the Texas Parks & Wildlife Delegation at Pearland Day in Austin, Texas. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-25. City Manager Bill Eisen reported Council is being asked to approve the Construction Management Services contract with Dannenbaum Engineering Corporation in the amount of $162,906.44. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 14 of 16 — 2/11/2013 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:26 p.m. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE: 1. SECTION 551.087 — REGARDING CONSULTATIONS WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO THE CONVENTION VISITORS BUREAU. Mayor Reid. NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:04 p.m. COUNCIL ACTION — RESOLUTION NO. R2013-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH MERIT MEDICAL SYSTEMS, INC. City Council. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-20. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH KS MANAGEMENT. City Council. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-21. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Owens, and Sherrouse. Page 15 of 16 — 2/11/2013 Voting "No" None. Motion Passed 5 to 0. L COUNCIL ACTION — REGARDING THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO THE CONVENTION VISITORS BUREAU. Mayor Reid. Councilmember Sherman made the motion, seconded by Councilmember Owens, to appoint Kim Sinistore as the Executive Director to the Convention Visitors Bureau. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, Hill, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT: Meeting was adjourned at 10:05 p.m. Minutes approved as submitted and/or corrected this the 11th day of March A.D. 2013. Tom Reid Mayor ATTEST: Y ng L ' g, TRM Se tary � .moo., 1 Page 16 of 16 — 2/11/2013