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2013-04-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 22, 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 7:30 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Deputy City Secretary Tom Reid Susan Sherrouse Woody Owens Scott Sherman Keith Ordeneaux Greg Hill Bill Eisen Darrin Coker Maria E. Rodriguez Others in attendance: Daniel Baum EMS Director; Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Andrea Broughton Deputy Director/City Engineer; 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. The invocation and the Pledge of Allegiance was led by Doctor John P. Kelley, Pearland Independent School District Superintendent. IJ,TIV1[61 4:T_1TQ1011CAN=101A Mayor Reid reported April 9, he attended the Keep Pearland Beautiful Environmental Fair, April 10, he attended the BayTran State of the Counties Luncheon and introduced Judge Emmett, April 11, he attended the Ribbon Cutting for two new Pearland Chamber of Commerce Members, April 13, he attended the Ribbon Cutting for Representative Ed Thompson's Office, April 15, he presented a Proclamation for "Kids R Kids Week of the Young Child", attended the City of Pearland Council Workshop and Public Hearing, April 16, he read to Children at Pearland Head Start for the "Week of the Young Child", attended the Houston -Galveston Area Council Board of Directors Meeting, the Keep Pearland Beautiful Board of Directors Meeting, the Green Tee Candidates Night, April 17, he attended the Economic Alliance Port Regional Board of Directors Meeting, the Pearland Chamber of Commerce Candidates Night, April 18, he attended the Boy Scout Fundraising Breakfast, he joined City Manager Bill Eisen and Assistant City Manager Jon Branson and attended the Houston -Galveston Area Council Meeting with Metropolitan Transit Authority of Harris County, he joined Assistant Police Chief Johnny Spires and attended the Pearland Exchange Club Luncheon to Honor Pearland Police Officers, the Keep Pearland Beautiful Business After Hours, April 20, he attended the Open Page 1 of 7 — 4/22/2013 Community Assistance Program Kickball Tournament and the Eagle Scout Court of Honor for Troop 414. RECOGNITIONS AND AWARDS: Mayor Reid presented a proclamation proclaiming April 27, 2013, as the "26th Annual Knights of Columbus Crawfish Festival Day" accepted by Steven Lowery. Mayor Reid and Mayor Pro -Tem Sherrouse presented a proclamation proclaiming the week of April 21-27, 2013, as "Crime Victims' Rights Week" accepted by City of Pearland Crime Victim Liaison Gina Mendez and Crime Victim Specialist Velma Guadiana. Mayor Reid and Councilmember Sherman presented a proclamation proclaiming the week of May 6-12, 2013, as "Texas Stem Education Week" accepted by Doctor John P. Kelley, Pearland Independent School District Superintendent. Mayor Reid and Councilmember Hill presented a proclamation proclaiming the week of May 5-11, 2013, as "2013 National Arson Awareness Week" accepted by the Emergency Management Coordinator/Fire Marshal Roland Garcia, Deputy Fire Marshal Greg Bozdech, Deputy Fire Marshal Shohn Davison, Fire Marshal of the City of Fort Bend County Mark Flathouse and Fire Marshal of the City of Harris County Mike Montgomery. Sherwin Sun, Executive Director of Keep Pearland Beautiful presented a Resolution to the Eyes of Pearland in support of the work they do to keep Pearland beautiful. Accepting the Resolution was Maris Vasquez Senior Code Enforcement/Health Officer, representatives of the Eyes of Pearland Linda Cowles and Helen Beckman. Mayor Reid recognized candidates running for office. Tony Carbone running for City Council Position No. 1. Councilmember Greg Hill running for re-election for City Council Position No. 5. CITIZENS: Sylvia Asehart, 3902 Shadycrest, addressed Council and stated on behalf of Shadycrest Homeowners Association she thanked Council and City Staff for the fencing options. Shadycrest is not a wealthy neighborhood and would not be able to maintain the fence on their own. She stated the Homeowners Association would like to engage with Council and Staff to create a plan on how to maintain the fencing for the next 10 to 20 years. DOCKETED PUBLIC HEARING: None. '-1 Page 2 of 7 — 4/22/2013 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 8, 2013, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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, STRIPLING12.000 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-59 — 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 CARDIAC MON ITOR/DEFIBRI LATORS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR STANDBY GENERATOR PREVENTATIVE MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. Page 3 of 7 — 4/22/2013 F. CONSIDERATION AND POSSIBLE ACTION — TO APPOINT HEIDI J. WIESS POSITION NO. 4 TO SERVE ON THE PEARLAND PARKS RECREATION AND BEAUTIFICATION BOARD FOR A 3 -YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2013. Mayor Tom Reid. 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. Mayor Reid introduced Heidi Wiess as the new Board Member on the Pearland Parks Recreation and Beautification Board. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 1479 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Sherman made a motion, seconded by Mayor Pro -Tem Sherrouse, to amend the ordinance subject to 2 revisions to the service unit table regarding salons and doctors offices as discussed in the Public Hearing and approve Ordinance No. 1479 on its first reading. City Manager Bill Eisen reported Council is being asked to approve the amended Ordinance on its first reading adopting the 2012 Impact Fee Study Update. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. E Page 4 of 7 — 4/22/2013 J COUNCIL ACTION — RESOLUTION NO. R2013-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONTRACT AMENDMENT WITH BUREAU VERITAS NORTH AMERICA, INC. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Owens, to approve Resolution No. R2013-62. City Manager Bill Eisen reported Council is being asked to approve the proposed Contract Amendment for the additional amount of $2,999.88 for a total contract of $52,999.88. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2013 TO ACCOMMODATE THE MEMORIAL DAY HOLIDAY, Mr. Darrin Coker, City Attorney. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Resolution No. R2013-61. City Manager Bill Eisen reported Council is being asked to approve the second regular City Council meeting scheduled for May 27th to be conducted on May 13th due to the Memorial Day holiday. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT FOR THE PEARLAND CONVENTION AND VISITORS BUREAU. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-64. Page 5 of 7 — 4/22/2013 City Manager Bill Eisen reported Council is being asked to approve a lease agreement with Pearland Ground LLC for $1,540 square feet of lease space for the Pearland Convention and Visitors Bureau. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING CITY COUNCIL LIAISONS AND ALTERNATE LIAISONS TO VARIOUS CITY BOARDS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-63. City Manager Bill Eisen reported to be consistent with the City Council's 2013 Goals; the proposed resolution appoints liaisons and alternates to various City Boards. Mayor Reid stated he would like Councilmember Sherman as a liaison to the Library Board and the new Councilmember elected in May will be the alternate. Discussion ensued between Councilmembers to add the Youth Advisory Council to the Exhibit and to appoint Councilmember Sherman as liaison and Councilmember Hill as the alternate. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session under Texas Government Code at 8:25 p.m. to discuss the following: 1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY — REGARDING MATTERS ASSOCIATED WITH THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. Page 6 of 7 — 4/22/2013 NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:14 p.m. COUNCIL ACTION — REGARDING MATTERS ASSOCIATED WITH THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:15 p.m. Minutes approved as submitted and/or corrected this the 13th day of May, A.D., 2013. N�Vp�M�. j/Iu stij {�'TC1 gCii rNs ATTEST: -��, t.tlMgMHM�"„ Maria . Rodriguez Deputy it Secretary 1 0-ri, Tom Reid Mayor Page 7 of 7 — 4/22/2013 THIS PAGE WAS LEFT BLANK INTENTIONALLY 1 1