2013-06-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 10, 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
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Keith Ordeneaux
Susan Sherrouse
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; Eric Wilson Public Works Director; 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; Vance Riley
Director of Fire Services; Sparkle Anderson Public Affairs Manager; Harold Ellis Senior
Planner; Skipper Jones Assistant Director of Capital Projects; Rick Overgaard Assistant
Finance Director; Bob Pearce Purchasing Officer; Kim Sinistore Executive Director of the
Convention and Visitors Bureau.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance was
led by J.C. Doyle Police Chief.
Mayor Reid recognized Precinct 3 Brazoria County Commissioner Stacey Adams and
Carol Artz-Bucek President and CEO of the Pearland Chamber of Commerce.
RECOGNITIONS AND AWARDS:
Mayor Reid, Bill Eisen City Manager and J.C. Doyle Police Chief presented Jason Myers
Police Officer the Full -Time Employee of the Quarter Award for exemplifying the Core
Beliefs of the City of Pearland.
A Presentation by Executive Director Sherwin Sun, of Keep Pearland Beautiful to Ian
Clowes of the Planning and Zoning Department for his work with Scenic Cities.
Mayor Reid presented the Mayor's Certificate of Recognition to John Phillips for his
exemplary service to the City of Pearland in naming the City's first mobile application —
Connect2Pearland.
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Sparkle Anderson Public Affairs Manager gave John Phillips a bag of Pearland goodies.
Bill Eisen City Manager introduced Eric Wilson the new City of Pearland Public Works
Director.
CITIZENS:
Katherine Anthony, 3307 Jacquelyn Street, addressed Council and stated she is present
on behalf of Regency Park Subdivision. She stated Regency Park is one of the oldest
neighborhoods in Pearland and the streets are in need of repair. She stated she knows
the streets of Regency Park Subdivision are on the Agenda to be repaired in 2014. She
asked Councilmembers when the time comes to start the street repair if the residents of
Regency Park could be notified. She thanked the Councilmembers for being good
stewards of the City.
Lance Foss, 1409 O'Day Road, #57, addressed Council and stated he attended the City
Council Workshop on the Building and Fire Code updates. He stated the information
from the workshop is overwhelming. He stated a person not only has to have a fire
extinguisher, but they have to service and certify the extinguisher. He further stated this
may seem small, but it is a huge ongoing maintenance issue. He stated a lot of things
were discussed and they are good ideas, but it should be the individual's decision not
enforcement activity.
Charles Anderson, 3215 Jacquelyn Dr. addressed Council and stated he moved to
Pearland in 1967. He stated the streets do not resemble the original concrete as they did
46 years ago, there are a number of problems with the streets. He stated he hopes the
City will take an interest in Regency Park and bring the streets back to the original
standard.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the May 6, 2013, Special Meeting, held at 6:00 p.m.
2. Minutes of the April 15, 2013, Joint Public Hearing Meeting, held at
6:30 p.m.
3. Minutes of the March 25, 2013, Joint Public Hearing Meeting, held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-101— AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
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CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING A .460 ACRE TRACT OF LAND OUT OF THE H.T. & B. R.R
COMPANY SURVEY, SECTION 11, ABSTRACT 239, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4608
WALNUT PEARLAND, TX), ZONE CHANGE 2013-06Z, A REQUEST
OF RICHARD GONZALEZ, APPLICANT AND OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY (R-2)
ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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. 1467-A(3) — 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.
R2013-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING MARCH 2013.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
CONCRETE RAISING SERVICES. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-81— A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENEWING A BID FOR CUSTODIAL
SERVICES (RECREATION CENTER/NATATORIUM). Mr. Bill Eisen,
City Manager.
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G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR
ELECTRIC AND SCADA SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to
adopt Consent Agenda Items A through G as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000CUP-65 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A 3.395 ACRE TRACT OF LAND BEING
A PORTION OF LAND CALLED "TRACT TWO" DESCRIBED IN A DEED FROM R.R.
VIADA AND AGNES M. VIADA TO R. R. VIADA OR AGNES M. VIADA, TRUSTEE,
UNDER VIADA FAMILY LIVING TRUST, AS RECORDED UNDER BRAZORIA
COUNTY CLERK'S FILE NUMBER (C.F.) 2005 003071, OF THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS AND BEING A
PORTION OF LOT 27, OF THE ALLISON-RICHEY GULF COAST HOME CO'S PART
OF SUBURBAN GARDENS SUBDIVISION OF SECTION 21, OF THE H.T.& B.
RAILROAD COMPANY SURVEY, ABSTRACT NUMBER 309, BRAZORIA COUNTY,
TEXAS. (LOCATED AT THE SE CORNER OF BROADWAY ST. AND CULLEN PKWY.,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-04 TO
ALLOW FOR AN AUTO WASH — SELF SERVICE IN THE GENERAL BUSINESS (GB)
DISTRICT AT THE REQUEST OF JAMES ELMORE OF CISNEROS DESIGN GROUP,
APPLICANT, ON BEHALF OF AMEGY BANK, 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 Mayor Pro -Tem Hill, to
approve Ordinance No. 2000CUP-65 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. CUP2013-04.
City Manager Bill Eisen stated the applicant is requesting a Conditional Use Permit to
build an Auto Wash (Self -Service) on the subject parcel in conjunction with a proposed
gas station/retail development. The property is currently zoned General Business (GB),
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which permits the proposed gas station/retail by right and an auto wash use with the
approval of a Conditional Use Permit.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-103 — 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 1.0090 ACRE TRACT OF LAND OUT OF THE ALLISON-RICHEY
GULF COAST HOME COMPANY SUBDIVISION OF SECTION 9, H.T.& B. RAILROAD
COMPANY SURVEY, ABSTARCT NO. 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24, OF THE
BRAZORIA COUNTY PLAT RECORDS; THIS TRACT BEING A PORTION OF THE
DAN KELLER, TRUSTEE, ET AL, CALL 9.977 ACRE TRACT (VOLUME 1748, PAGE
448, BRAZORIA COUNTY DEED RECORDS). (LOCATED AT 7201 BROADWAY ST,
PEARLAND, TX), ZONE CHANGE 2013-08Z, A REQUEST OF RICHARD TADLOCK,
APPLICANT AND THE GROCERS SUPPLY CO., INC., OWNER, FOR APPROVAL OF
A ZONE CHANGE FROM THE GENERAL BUSINESS (GB) ZONE TO THE GENERAL
COMMERCIAL (GC) 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.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-103 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 2013-08Z.
Bill Eisen City Manager reported the potential uses allowed in the General Commercial
Zone, for example a Pawn Shop, would not be in conformance with the surrounding
General Commercial uses and would negatively impact new and proposed development
in the immediate area.
Voting "Aye" None.
Voting "No" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Motion Failed 5 to 0.
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FIRST READING OF ORDINANCE NO. 2000-T-15 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED
PROVISIONS OF THE UNIFIED DEVELOPMENT CODE; HAVING A SAVINGS
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherrouse,
to approve Ordinance No. 2000-T-15 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Electronic Changeable Message Signs.
City Manager Bill Eisen stated the Chamber of Commerce has been working with staff to
amend the regulations regarding electronic signs. A workshop was held in February and
March with the City Council in this regard. A visual demonstration of the existing
requirements and proposed changes was held on May 10, 2013. Several changes have
been proposed to the current regulations regarding Electronic Changeable Message
Signs.
Councilmember Sherman stated he would like to make sure the business owners have
seen the recommendations from Planning and Zoning and they are comfortable with
these recommendations.
The business owners in attendance stated they are comfortable with the
recommendations.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-78 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT
SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-78.
Bill Eisen City Manager reported State Statute requires that a municipality shall have its
records and accounts audited annually and shall have an annual financial statement
prepared based on the audit. The City has engaged the auditing services of Null-Lairson,
LLP beginning with the audit for fiscal year 2006. In May 2012 Null-Lairson, LLP became
Whitley Penn, LLP after the two accounting firms merged. Council is being asked for
approval to engage the firm of Grant Thornton, LLP for the City of Pearland's annual
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audit and preparation of the Comprehensive Annual Financial Report for the period
ended September 30, 2013.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid stated in order to put the Agenda sequence in the right order
Councilmember Carbone will present New Business Item No. 9.
COUNCIL ACTION — RESOLUTION NO. R2013-79 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES FROM FUTURE BOND PROCEEDS.
Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-79.
Bill Eisen City Manager reported the sale of these bonds will result in an approximate
annual debt service amount of $220,000 for 25 years. Since the bonds will not actually
be sold until fiscal year 2014, first full year of debt service will begin in fiscal year 2015.
Council is being asked for approval declaring intention to reimburse project expenditures
from future bond proceeds.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding the
amount of money it would take to require a penny increase in the tax rate.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-90 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK
SEWER. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-90.
Bill Eisen City Manager reported Council is being asked to award the contract for
construction in the amount of $5,955,124 to S.J. Louis of Texas Construction Ltd.,
authorize the City Manager to execute the contract and appropriate an additional amount
Page 7 of 18 — 6/10/2013
of $2,255,000 to be funded by bond proceeds.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-91 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING FOR THE HATFIELD BASIN TRUCK
SEWER. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-91.
Bill Eisen City Manager reported Council is being asked to approve an Interlocal
Agreement with the City of Houston for the City of Houston Interconnect Project.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-92 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE OLD ALVIN WATERLINE
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-92.
Bill Eisen City Manager reported Council is being asked to award the contract for
construction in the amount of $3,398,483 to SER Construction Partners, LLC, and
appropriate of additional amount of $1,075,000 to be funded by bond proceeds.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding any
additional projects coming up the next fiscal year with substantial increases.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 18 — 6/10/2013
COUNCIL ACTION — RESOLUTION NO. R2013-93 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING FOR THE OLD ALVIN WATER LINE
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-93.
Bill Eisen City Manager reported Council is being asked to approve the construction
materials testing services contract with Raba Kistner Consultants, Inc. in the amount of
$66,162.00.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-89 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE SH 35 WATER LINE PROJECT.
Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-89.
Bill Eisen City Manager reported Council is being asked to award a professional services
contract to Brown & Gay Engineers, Inc. for the SH35 Water Line from FM 518 to
Magnolia project in the amount of $155,200.00.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding the
amount budgeted is the total project cost.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-75 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE WESTCHESTER DRAINAGE
AND SIDEWALK PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-75.
Page 9 of 18 — 6/10/2013
Bill Eisen City Manager reported Council is being asked to award the contract for
construction in the amount of $381,206.72 to Lazer Construction Company and
appropriate $76,690 from Capital Projects Fund 68 Fund Balance.
Discussion ensued between Councilmembers and Trent Epperson Director of
Engineering and Capital Projects regarding the statement in the Agenda Request
"Eliminating extra work items from the contract", which means additional equipment,
work hours, materials, included in the bid as a unit price so the City will have something
to work from if change orders need to be made. He stated the City is not cutting back on
any part of the project.
Councilmember Sherman stated his concern is Lazer Construction Company having the
time to work on the Westchester Drainage and Sidewalk Project since they are already
working on the Business Center Drive Project.
The Lazer Construction Company Representative stated he has no concerns of the
Company's work load; they will be able to do the project for the City.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-86 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXS, APPROVING THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PROJECTS FOR PROGRAM YEAR
2013 AND FISCAL YEAR 2014. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2013-86.
Bill Eisen City Manager reported the award/allocation from the Housing and Urban
Development will be $333,253 for fiscal year 2014 and will be issued to the City upon the
successful completion, and subsequent HUD approval, of the City's Annual Action Plan.
This plan will include overall objectives for administrative, public services and
infrastructure activities, including our efforts to continue affirmatively furthering fair
housing. The plans are due to HUD on August 15, 2013 and are on the proper course
and timeline for completion.
Councilmember Sherman stated that he is on the Adult Reading Center Board; he will
not be taking part in the discussion or voting.
Page 10 of 18 — 6/10/2013
Voting "Aye" Councilmembers Carbone, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Voting "Abstain" Councilmember Sherman.
Motion Passed 4 to 0, with one abstention.
FIRST READING OF ORDINANCE NO. 1358-9 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON -DEVELOPMENT
USAGE AND SERVICE FEES (SEWER USE CREDIT PROGRAM); CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1358-9.
Bill Eisen City Manager reported Council is being asked to amend the Fee Ordinance to
include fees associated with the Commercial/Industrial Sewer Use Credit Program.
Discussion ensued between Councilmembers and Claire Bogard Director of Finance
regarding the rate change for all testing.
Bill Eisen City Manager stated anything with a 2" to 8" meter will see a decrease.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1462-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 5, CHAPTER
2, ETHICS, OF THE CITY OF PEARLAND CODE OF ORDINANCES; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1462-1.
Darrin Coker City Attorney reported pursuant to the City Council's direction at this year's
goal setting retreat, the following revisions have been made to the City's Ethics
Ordinance for your consideration:
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• Sec. 2-80 (c) was added to restrict members of the City Council from practicing
law in the Pearland Municipal Court.
• Sec. 2-83 (b) was added to restrict former council members from representing
third party interests, for compensation and before the City, for a period of 2 years
after the termination of their duties as a council member.
Darrin Coker City Attorney stated this does affect all Councilmembers; there is not a
grandfather clause.
Councilmember Ordeneaux stated he has an issue with it affecting all Councilmembers.
He stated he knows two people that did not know these rules when they were on
Council. He further stated he totally agrees with what is being put in place, but he feels it
should be for the current and future Councilmembers only.
Mayor Reid stated he recently received information from Texas Municipal League and
part of that information was on Ethics. He further stated TML suggested Municipal City's
have an Ethics Ordinance in place for City elected officials to conform too.
Discussion ensued between Councilmembers regarding fairness to former
Councilmembers not knowing this section of the Ethics Ordinance is changing.
Discussion ensued between Councilmember Sherman and Darrin Coker City Attorney
regarding in the Ethics Ordinance there is a prohibition against current Councilmembers
doing business with the City, but not with former Councilmembers.
Councilmember Sherman stated he would like to be able to go back and look at what
was previously done and if anyone else is interested to possibly postpone Ordinance No.
1462-1 to the next agenda meeting.
Mayor Pro -Tem Hill stated at the Council Retreat the Ethic Ordinance was discussed and
former Councilmember Woody Owens was part of the Council Retreat. He further stated
it was discussed after the termination of duties as a Councilmember the period of time
would be 12 months, not 24 months. He stated he would like to see this Ordinance go
through, he does not want to delay it too long.
Darrin Coker City Attorney stated if Council would like to postpone this Ordinance for
further discussion he will get the minutes from the meeting to see what was discussed
and the changes that took place that led to the current document.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux to
postpone Ordinance No. 1462-1 to a future meeting in the month of July 2013 so Council
can workshop the issue before the agenda meeting.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Page 12 of 18 — 6/10/2013
Motion Passed 5 to 0.
Mayor Reid stated they will combine Resolution No. R2013-74, and Ordinance No. 1481
since they are related to the same issue.
COUNCIL ACTION — RESOLUTION NO. R2013-74 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
ASSOCIATED WITH THE COVINGTON ESTATES DEVELOPMENT. Mr. Bill Eisen,
City Manager.
FIRST READING OF ORDINANCE NO. 1481 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
SIXTEEN FOOT (16') UTILITY EASEMENT 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 Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-74, and Ordinance No. 1481 on its first reading.
Bill Eisen City Manager reported R. West Development Company previously went
through the zoning process for the development of a 20 lot subdivision on the property
located at 2014 Hillhouse Road (west of Dawson High School). In order to construct a
new sanitary line to serve the development, the developer has petitioned the City to
abandon an existing 16 foot easement that the City inherited after Municipal Utility
District 5 was annexed. The City does not object to abandonment of the easement
because the developer has agreed to relocate the new line and provide upsizing to the
new line by a separate development agreement with the City. The ordinance contains a
contingency for the relocation and upsizing of the new lines therefore it will not take
effect until the contingency has been fulfilled.
Councilmember Sherrouse stated she will not make comments or vote on this issue
because her brother lives in this subdivision.
Discussion ensued between Councilmembers and Mike Hodge Assistant City Manager
regarding the placement of the sanitary line.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Voting "Abstain" Councilmember Sherman.
Motion Passed 4 to 0, with one abstention.
Page 13 of 18 — 6/10/2013
COUNCIL ACTION — APPOINTMENT OF MEMBERS TO THE CONVENTION
VISITORS BUREAU BOARD. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve appointment of members to the Convention Visitors Bureau Board.
Bill Eisen City Manager reported on December 3, 2012, City Council approved
Resolution No. R2012-168 authorizing the creation and structure of an Advisory Board
for the Convention and Visitors Bureau. Staff recommends appointment of
aforementioned individuals to the Convention and Visitors Advisory Board.
Councilmember Ordeneaux stated he will not be commenting or voting on this issue.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding
Council's roll with the Advisory Board.
Kim Sinistore Executive Director of the Convention and Visitors Bureau stated the
proposed voting representatives are recommendations. She further stated she tried to
get people that had a particular interest in different areas. She stated she is going with
this recommendation as a beginning to get people involved. She stated the individuals
recommended are interested, and believes they all have something to bring to the table.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding in
Executive Session the Advisory Board is not allowed to be discussed.
Mayor Reid stated it is not easy getting qualified people to serve on an Advisory Board
such as this. He further stated a lot of people have to be contacted to get a commitment
from a few.
Councilmember Carbone stated he has a little history dealing with Convention and
Visitors Bureau. He stated one of the issues of concerns in the past was finding
participates for the Boards because it is advisory in nature. He further stated Council
may consider giving them some authority up to a certain level.
Bill Eisen City Manager stated it was discussed in great lengths and Council decided
they would be more comfortable with an Advisory Committee only.
Councilmember Sherman stated Kim Sinistore is doing a great job. He further stated he
does not know two participates of the Advisory Board.
Bill Eisen City Manager stated this is a seven member board and some of those
members Council may not know as well as others. This may give Council an opportunity
to get to know them better and understand more about them. He stated the other option
is Council can purpose someone else this evening. He stated the City hired a
professional and she has made a recommendation to Council. He stated this is an
opportunity to move ahead with what the City is trying to accomplish. He stated one of
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the primary purposes of the Advisory Committee is to make a recommendation to
Council with regards to the budget. He further stated the budget has been put together
and the Advisory Committee will need some time to look at it and make comments
before it is given to Council in late July, 2013.
Mayor Pro -Tem Hill stated he is not sure about keeping Renee Van Nifterik. He further
stated in the membership criteria that an Advisory Committee member must reside in
Pearland. He further stated Renee does reside in Pearland but his concern is her
business is outside of Pearland.
Kim Sinistore Executive Director of the Convention and Visitors Bureau stated she was
told Ms. Nifterik's business is in Pearland's Extra -territorial Jurisdiction. She further
stated Council has the right to give the Advisory Committee whatever terms they would
like. She stated if Council has someone else they would like to recommend for the
committee please make the suggestion.
Mayor Pro -Tem Hill stated he would like to recommend Lonzie Helms. He further stated
Mr. Helms is a resident in Pearland and he is active with youth sports.
Darrin Coker City Attorney stated Council has the ability to appoint some or all
participates for the Advisory Board.
Councilmember Sherrouse stated she does not have a problem with any of the
individuals, but if Council would like to remove some she feels they need to go ahead
and do so.
Councilmember Sherman stated he would suggest amending the motion to appoint
Manny Patel, Rushi Patel, Gary Sheperd, Teir Allender, and Steve Saboe. He further
stated to request a copy of Arlene Ford and Lonzie Helms resumes.
Mayor Pro -Tem Hill stated Renee Van Nifterik may be the best choice. He further stated
he only wanted to express his opinion and see if Lonzie Helms would be interested in
serving on the Advisory Board. He stated it can be brought back to the table and if
Renee Van Nifterik is the best fit then so be it. He further stated he is apprehensive
about someone on the Advisory Board and their business directly relates to Hotel
Occupancy Tax funds.
Councilmember Sherman made the motion to amend the motion, seconded by Mayor
Pro -Tem Hill to appoint Manny Patel, Rushi Patel, Gary Sheperd, Teir Allender, Steve
Saboe, and Non -Voting Representatives Keith Ordeneaux and Daniel Combs to the
Convention and Visitors Advisory Board.
Mayor Reid stated "The Pearl Theater" looked all over town for a facility. He further
stated they could only find an abandon building outside the City limits. At the time they
did not know it was outside the City limits. He stated they would prefer to be in the center
of town where there would be more attendance. He further stated he does not feel
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uncomfortable with the theater being outside the present City limits since it is going to be
annexed in the near future. He stated this reflects there are not enough facilities in the
area for people to do things like this. He stated we should not punish or think negative of
anything Pearl Theater has tried to accomplish.
Councilmember Sherman stated he would like to clarify that he was not attacking Ms.
Nifterik or Pearl Theater. He stated his concern is the funds being sent outside the City
limits.
Darrin Coker City Attorney stated funds can be spent for advertising outside the City
limits but there are certain requirements that have to be met.
Mayor Reid called the vote for the amended motion.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 4 to 0, with one abstention.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 4 to 0, with one abstention.
COUNCIL ACTION — RESOLUTION NO. R2013-94 — 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 FORT BEND COUNTY FOR THE ENVIRONMENTAL REVIEW AND DESIGN OF
THE FM 521 PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherrouse,
to approve Resolution No. R2013-94.
Bill Eisen City Manager reported Council is being asked to approve the Interlocal
agreement with Fort Bend County.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding the
source of the funds and the environmental review could take 18 months to 2 years.
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Councilmember Sherman stated he feels the $377,000 could be used for other areas in
the City. He stated citizens spoke tonight about the streets in their subdivision are 46
years old and in need of repair.
Bill Eisen City Manager stated this is one of those deals when usually the City is looking
for a partner with this type of road project but this time Fort Bend County comes to the
City to partner with the County.
Councilmember Carbone stated it seems to be a great expansion for Fort Bend County
but as far as helping the City's tax payers it does not seem that great. He further stated it
could make the traffic on FM 518 worse.
Mayor Reid stated sometimes he uses FM 521 to Shadow Creek Parkway or Broadway
and it is usually congested. He stated at some point the City needs to do some upgrades
in that area. He further stated having a partner to work with the City on a major portion of
the project is a plus.
Discussion ensued between Councilmembers and Bill Eisen City Manager regarding
how the exits on Beltway 8 would change.
Voting "Aye" Councilmember Ordeneaux.
Voting "No" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Motion Failed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2013-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PEARLAND
VISION 20/20 STRATEGIC PLAN AND MISSION STATEMENT FOR THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION. Mr. Matt Buchanan, President of
Pearland Economic Development Corporation.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-84.
Matt Buchanan President of Economic Development Corporation reported Council is
being asked to consider approving both the Pearland Vision 20/20 Strategic Plan and
Mission Statement for the Pearland Economic Development Corporation.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive Session under Texas Government Code at 10:00 p.m.
to discuss the following:
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE MUNICIPAL UTILITY DISTRICTS.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:47 p.m.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:47 p.m.
Minutes approved as submitted and/or corrected this the 12th day of August, A.D., 2013.
eid
Mayor
ATTEST:
(to Secliry
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