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2013-04-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 8, 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 7:44 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; Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Trent Epperson Director of Engineering and Capital Projects; Bonita Hall Director of Human Resource and Safety Management; 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; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief; Cristen Wood Human Resource Generalist. The invocation was given by Reverend Jennings of Shadycrest Baptist Church and the Pledge of Allegiance was led by Johnny Spires Assistant Police Chief. Mayor Reid stated Mayor Pro -Tem Sherrouse is detained at her employment and will try to join Council later. MAYOR'S ACTIVITY REPORT: Mayor Reid reported March 27, he attended the Ground Breaking for Reflection Bay Facility; he joined Assistant City Manager Jon Branson and attended the Student Success Welding at Southgate Park; March 28, he gave the University of Houston Clear Lake Report to the Community; he was a Celebrity Greeter for the Adult Reading Center Red Hat Luncheon; he attended the JSC Credit Union Grand Opening; March 30, he attended the Indian Community Elected Officials Dinner; April 1, he attended the Pearland City Council Agenda Meeting; he attended the Memorial Hermann Hospital Systems Meeting; April 2, he attended the Pearland Rotary Club Luncheon; April 3, he attended Judge King's Tax Abatement Review Committee Meeting; he attended the Adult Care Facilities Meeting; April 4, he attended the 1St Choice Emergency Care Open House; the Chamber of Commerce Taste of Pearland; he joined the Councilmembers and Page 1 of 7 — 4/08/2013 attended the TML Region 14 Spring Meeting; April 5, he attended the Partners for Pearland Golf Tournament and Dinner; the 1St Annual Pearland Crawfish Festival Welcome to Citizens; April 6, he attended the Country Place Women's Sorority Group Meeting; he presented Certificates to visiting musicians from India; he attended the Corks and Canvas Art Show. 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. Tony Carbone stated he is running for City Council Position No. 1. City Manager Bill Eisen recognized Kim Sinistore as the new Executive Director of the Convention and Visitors Bureau. Mayor Reid and Councilmember Owens presented a Proclamation proclaiming the month of April, 2013, as "National Safe Digging Month" to Jaime Medina. Mayor Reid and Councilmember Ordeneaux presented a Proclamation proclaiming the month of April, 2013 as "Cancer Prevention Month" to Jackie Bayly-Bryant. Councilmember Sherman recognized City Staff for the work they did at the Pearland Crawfish Festival. He stated the City did not host the event but every department went above and beyond to make it a success. He further recognized Shadowcreek Ranch for hosting the event. He stated as part of the agreement Shadowcreek Ranch would give the Friends of the Westside Library Group any money they receive from the rental of the land and parking. He stated he received a check for $28,000 from Shadowcreek Ranch for the Westside Library. CITIZENS: Roger Menzel, 8510 Stone Village Lane, addressed Council stating he had the opportunity to attend the Red Hat Society Luncheon. He stated they raised over $5,000 for the Adult Reading Center. He further stated next year his goal is to raise $10,000 for the Adult Reading Center. DOCKETED PUBLIC HEARING: None. Page 2 of 7 — 4/08/2013 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 11, 2013, Regular Meeting held at 7:30 p.m. 2. Minutes of the March 25, 2013, Regular Meeting held at 7:30 p.m. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Item A as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 2000CUP-62 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING APPROXIMATELY 3.0 ACRE TRACT OF LAND OUT OF A 10 ACRE TRACT, A RESIDUE OF D.H, STRIPLING 12.000 ACRE TRACT RECORDED VOLUME 868, PAGE 239 OF THE BRAZORIA COUNTY DEED RECORDS. ALL BEING PART OF THE SOUTH 99 ACRES OF THE H.T. & B.R.R. CO. SURVEY, SEC. 7, A-219 AS RECORDED IN VOLUME 595, PAGE 63 OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT 6301 BROADWAY ST, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-01 TO ALLOW FOR A PLUMBING SHOP (NO OUTSIDE STORAGE) IN THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT AT THE REQUEST OF MIKE CHANCE, APPLICANT AND CROWN WAREHOUSE INC., OWNER, 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 Councilmember Hill, to approve Ordinance No. 2000CUP-62 on its first reading. Mayor Reid read into the record the Planning and Zoning Commission's recommendation to forward to Council approval of Application No. CUP 2013-01. City Manager Bill Eisen reported in this particular zoning category a Plumbing Shop is not allowed without the additional Zoning Authority provided by the Page 3 of 7 — 4/08/2013 Conditional Use Permit and in addition to the recommendation from the Planning and Zoning Commission City Staff also recommends approval. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. FIRST READING OF ORDINANCE NO. 1478 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 64.507 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Ordinance No. 1478 on its first reading. City Manager Bill Eisen reported this 64 acre tract of land is located on the east side of Clearcreek and south of Hughes Road. This would be in addition to the existing properties currently in Mud District 28. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse is absent. COUNCIL ACTION — RESOLUTION NO. R2013-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT FOR THE PREPARATION OF A COMPENSATION AND CLASSIFICATION STUDY. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-55. City Manager Bill Eisen reported Council is being asked to approve an agreement with Public Sector Personnel Consultants for a compensation and classification study in the amount of $42,500. Discussion ensued between Council and City Manager Bill Eisen regarding classifications, and surveying other Cities to compare salaries. Public Sector Personnel Consultants Representative Matt Weatherly stated the compensation and classification study will take 60 to 90 days. Page 4 of 7 — 4/08/2013 Mayor Pro -Tem Sherrouse enters the Council Chambers at 8:19 p.m. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF DATA EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-56. City Manager Bill Eisen reported Council is being asked to award a bid to Morse Communications, Inc. for the purchase of data equipment at the cost of $121,159.59. He further stated the IT department will be doing the installation of the switches. Discussion ensued between Council and Morse Communications Representative regarding the warranty and software upgrades that will be done on a regular basis. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE SOUTHEAST TEXAS REGIONAL ADVISORY COUNCIL. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-57. City Manager Bill Eisen reported Council is being asked to approve the agreement with the Southeast Texas Regional Advisory Council. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Page 5 of 7 — 4/08/2013 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PAYMENT FOR SLUDGE REMOVAL SERVICES AT THE BARRY ROSE WASTE WATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-58. City Manager Bill Eisen reported Council is being asked to approve the payment to K -313M1 for the removal of 1,485 cubic yards of sludge at the Barry Rose Wastewater Treatment Plant in the amount of $133,650. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:34 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING MATTERS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:28 p.m. COUNCIL ACTION — REGARDING MATTERS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE. City Council. No Council action taken. Page 6 of 7 — 4/08/2013 ADJOURNMENT: Meeting was adjourned at 10:29 p.m. Minutes approved as submitted and/or corrected this the 22nd day of April, A.D. 2013. ATTEST: Mara E. Rodriguez Deputy City Secretary Tom Reid ..... ..,.....u.NA� Mayor Page 7 of 7 — 4/08/2013 THIS PAGE WAS LEFT BLANK INTENTIONALLY