2013-03-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, MARCH 25, 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 8:32 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; Matt Buchanan
President of Economic Development Corporation; Trent Epperson Director of
Engineering and Capital Projects; Mike Hodge Assistant City Manager; Lata
Krishnarao Director of Community Development; Claire Bogard Finance Director;
Michelle Smith Director of Parks and Recreation; Sparkle Anderson Public Affairs
Manager; Skipper Jones Assistant Director of Capital Projects; Rick Overgaard
Assistant Finance Director; Bob Pearce Purchasing Officer; Johnny Spires
Assistant Police Chief.
The invocation was given by Councilmember Hill and the Pledge of Allegiance
was led by Assistant Police Chief Johnny Spires.
RECOGNITIONS AND AWARDS:
Mayor Reid recognized all Candidates running for office.
Councilmember Greg Hill stated he is running for re-election City Council
Position No. 5.
Gary Moore stated he is running for City Council Position No. 1.
Tony Carbone stated he is running for City Council Position No. 1.
Mayor Reid and Councilmember Ordeneaux presented a Proclamation
proclaiming the month of April, 2013, as "Autism Awareness Month" to the
President of Pearland Autism Connection, Jeanna TenBrink.
DOCKETED PUBLIC HEARING: None.
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CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the February 25, 2013, Regular Meeting held
at 7:30 p.m.
2. Minutes of the March 11, 2013, Public Hearing held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-100 — 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 9.930
ACRES OF LAND, LOTS 30-30A, OF THE ALLISON — RICHEY
GULF COAST HOME COMPANY SUBDIVISION OF SECTION
20, OF THE H.T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 506, BRAZORIA COUNTY, TEXAS, (LOCATED
AT 8809 BROADWAY, PEARLAND, TX), ZONE CHANGE
2013-04Z, A REQUEST OF LISA MARINO, APPLICANT AND
THE OLD PLACE INC., 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1476 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2013-14; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT
ZONE #24), IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING
THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO
BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN
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TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2013-54 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT
PRICE BID FOR PRINTING AND MAILING OF WATER
UTILITY BILLS. Mr. Bill Eisen, City Manager.
Councilmember Sherman asked that Consent Agenda Item B 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 D with the exception of Item
B 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 B was
removed for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-100 — 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 9.930
ACRES OF LAND, LOTS 30-30A, OF THE ALLISON — RICHEY
GULF COAST HOME COMPANY SUBDIVISION OF SECTION
20, OF THE H.T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 506, BRAZORIA COUNTY, TEXAS, (LOCATED
AT 8809 BROADWAY, PEARLAND, TX), ZONE CHANGE
2013-04Z, A REQUEST OF LISA MARINO, APPLICANT AND
THE OLD PLACE INC., 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
Page 3 of 11 — 3/25/2013
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 Ordinance No. 2000M-100 on its second and final reading.
Councilmember Sherman stated this is a zone change that came before Council
last week. He further stated he voted against the zone change last week because
the applicant failed to attend the hearing and the first reading of the Ordinance.
He stated he wanted to give the applicant an opportunity to be present for the
second and final reading of the Ordinance. He further stated Council does not
take a zone change lightly. He stated the applicant should be present when they
are asking Council to change the City's Zoning Map. He further stated because
the applicant is not present tonight he will be voting against this zone change.
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmembers Hill and Sherman.
Motion Passed 3 to 2.
NEW BUSINESS:
COUNCIL ACTION — REGARDING RESOLUTION NO. R2013-51 — A
RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTION OF
FELICIA HARRIS. Mayor and Council.
Councilmember Sherman made the motion, seconded by Councilmember
Ordeneaux, to approve Resolution No. R2013-51.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid recognized the service and contribution of Past Councilmember
Felicia Harris.
Past Councilmember Harris stated it was an honor and pleasure to serve this
wonderful City. She stated Mayor Reid sets good examples for the City to follow.
She thanked Council and the Community for the opportunity to serve the City.
Page 4 of 11 — 3/25/2013
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COUNCIL ACTION — RESOLUTION NO. R2013-48 — A RESOLUTION. OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE
CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR
2012 AS PREPARED BY THE ACCOUNTING FIRM OF WHITLEY PENN.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-48.
City Manager Bill Eisen reported Council is being asked for consideration and
approval of the resolution accepting the City's Fiscal Year 2012 Annual Financial
Report as prepared by the accounting firm of Whitley Penn, L.L.P.
Whitley Penn, L.L.P. Representative Christopher Breaux gave a brief overview of
the Financial Report.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-52 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE OPERATION OF THE INDEPENDENCE PARK POOL. Mr. Bill Eisen,
City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2013-52.
City Manager Bill Eisen reported Council
operation of the Independence Park
expenditure anticipated to be $52,330.
CITIZENS:
is being asked to award a bid for the
pool to USA Pools with an annual
Juan Caraveo, 4504 Brazos Bend Drive, addressed Council and stated he has
been a resident of Pearland for 10 years. He further stated he is a swim coach
and instructor and it has been great working with Pearland Staff. He stated the
group he represents is looking to create and re -develop the facility for a broad
use over a twelve month period of time. At this time the Independence Park pool
only operates 5 months out of the year. He is asking Council not to sign a
contract for more than 12 months because his group in the near future would like
to present to the City a 12 month operation for the Independence Park pool.
Page 5 of 11 — 3/25/2013
David Parker, 4610 Curry Road, addressed Council stating he agrees with what
Juan Caraveo stated.
Discussion ensued between Council, City Manager Bill Eisen and Parks and
Recreation Director Michelle Smith regarding bid proposals, management of the
pool for a one year time period and the discussions with Juan Caraveo and David
Parker can continue regarding the long term re -development of the facility.
Discussion ensued between Councilmember Sherman and Representative Matt
Saderly of USA Pools regarding rehiring the lifeguards and staff that have
worked at the pool in the past and liability insurance.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-47 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING THE
FEDERAL GOVERNMENT TO PROTECT AND DEFEND THE RIGHTS OF ITS
CITIZENS TO KEEP AND BEAR ARMS. City Council.
Councilmember Hill made the motion, seconded by Councilmember Owens,
to approve Resolution No. R2013-47.
Councilmember Hill stated Council has been approached by a number of people
to put something like this on the Agenda. He stated it can be discussed and see
if this is what Pearland wants Council to do.
Councilmember Ordeneaux stated he would like for everyone to understand this
is a resolution not an ordinance. He further stated the City does not have any gun
control laws. He stated Council would simply be sending a message to the State
and Federal Government.
CITIZENS:
Dennis Edwards, 12400 Shadow Creek Parkway, addressed Council stating this
is about our Constitution. He further stated this resolution helps the citizens of
Pearland to retain our rights under the Constitution. He further stated we have
some serious problems facing this country. He stated he admires and respects
City Council for recognizing this problem. He stated by Council voting for this
resolution it will protect the citizens of Pearland to retain our second Amendment
rights to keep and bear arms.
Page 6 of 11 — 3/25/2013
Michael Sweet, 4026 Spring Grove Court, addressed Council stating he is a
school teacher for another School District. He stated this issue to keep and bear
arms started because of the shooting at Sandy Hook Elementary. He further
stated he had hoped after the Sandy Hook shooting our Federal Government
would have addressed the issue of school safety. He stated instead certain
politicians and public figures have turned it into a crusade to further restrict the
Constitutional rights of law-abiding citizens. He further stated he hopes Council
will vote for Resolution No. R2013-47 to support, protect, and defend the
people's right as American citizens under the second Amendment to keep and
bear arms.
Jay Lewchenin, 17825 Kings Park Lane, addressed Council stating he supports
Resolution No. R2013-47. He stated there are some serious issues going on in
our Federal Government. He further stated as law-abiding citizens we have the
God given right to bear arms.
Eddie Gallegos, 2020 Business Center Drive, addressed Council stating the
citizens through City Council and this resolution want to address a grievance that
we have with the Federal Government regarding the second Amendment. He
further stated this nation was founded on the principal of freedom. He stated that
freedom was hard fought with weapons. He stated the citizens are here tonight to
support this resolution by sending a message to our elected officials in Texas
and to Washington, DC that we recognize, understand, and support the
Constitution the way it is written.
Pedro Rivera, 1004 Chesterwood Drive, addressed Council stating he took the
oath as a member of the armed forces to defend our country. He stated as
citizens of Pearland we want to send a message to the State and Federal
Government that we will enforce the Constitution of the United States. He further
stated he would like to ask Council to change the verbiage in Section 2 of the
resolution where it states "rights granted" to state "rights guaranteed". He further
stated the Constitution does not grant rights, we are endowed by our Creator with
those rights.
Councilmember Owens stated he would defend the Constitution for himself and
his grandkids. He stated in the United States today we have the largest armed
army in the world. That is why people have not come to the US to do what they
have done in other countries. He further stated he wants the right to protect
himself and his family.
Mayor Pro -Tem Sherrouse stated she believes it is very important that Council
pass this resolution.
Councilmember Sherman stated he respects the opinions of his fellow
Councilmembers and the speakers. He stated the resolution we have before us
today is a toothless resolution without any legal effect. He further stated the
Page 7 of 11 — 3/25/2013
language in this resolution is not only
misguided. He stated for those reasons
further stated after the comments he has
make.
inaccurate it is completely and totally
he would oppose this resolution. He
several amendments he would like to
Councilmember Hill stated this issue at the Federal level has been politicized. He
stated his suggestion to bring it forward was not to make it political. He further
stated when the Constitution was written these were rights that were given before
there were democrats and republicans. He stated he does not want felons or
illegal aliens to have guns. He further stated he wants the people to be able to
have their guns and to have them in their homes. He stated the purpose of this
resolution is to simply say this is where we stand as a City.
Councilmember Sherman made a motion, seconded by Councilmember
Ordeneaux, to amend the verbiage under Section 1 and 2 to state "the majority
of before the verbiage "City Council", in Resolution No. R2013-47.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
City Attorney Darrin Coker stated the citizen Pedro Rivera requested the
verbiage to be changed in Section 2 of the resolution from "rights granted" to
"rights guaranteed". He stated he believes the Constitution is being confused
with the Declaration of Independence. He further stated the Constitution does
state "rights granted" and the Declaration of Independence states we are
guaranteed and endowed by our Creator with those rights. He further stated he
would suggest not changing the verbiage.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to remove the verbiage "and the Sheriff of Brazoria County" from
Section 4 in Resolution No. R2013-47.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux,
to make an amendment that Article 1 Section 29 of the Bill of Rights be added to
Resolution No. R2013-47.
Page 8 of 11 — 3/25/2013
1
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Voting "Aye" Councilmembers Owens, Sherrouse, Ordeneaux, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Sherrouse, Ordeneaux, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2013-50 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CHANGE ORDER ASSOCIATED WITH THE FAR NORTHWEST
WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-50.
City Manager Bill Eisen reported Council is being asked to approve the change
order in the amount of $131,924.63 for construction to the Industrial TX
Corporation contract.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-49 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A SOLE
SOURCE BID FOR PARTS AND MATERIALS ASSOCIATED WITH THE FAR
NORTHWEST WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2013-49.
City Manager Bill Eisen reported Council is being asked to approve this purchase
of parts and materials in the amount of $105,471 to be provided by the original
equipment manufacturer, Aqua Aerobics, Inc.
Page 9 of 11 — 3/25/2013
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-53 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND
ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2013
ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-53.
City Manager Bill Eisen reported Council is being asked to approve the resolution
adopting the goals.
Discussion ensued between Council and City Manager Bill Eisen regarding a
correction on transportation No. 3, staffing and re -organization.
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
9:58 p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — REGARDING CONSULTATIONS WITH
CITY ATTORNEY — REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City
Manager.
Page 10 of 11 — 3/25/2013
11
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NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:18 p.m.
COUNCIL ACTION — REGARDING
NEGOTIATIONS. City Council.
No Council action taken.
ADJOURNMENT:
Meeting was adjourned at 10:19 p.m.
ECONOMIC DEVELOPMENT
Minutes approved as submitted and/or corrected this the 8th day of April A.D.
2013.
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Tom Reid
Mayor
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