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2013-07-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 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 7:30 p.m. with the following present: Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Mayor Pro -Tem Greg Hill. Tom Reid Tony Carbone Scott Sherman Keith Ordeneaux Susan Sherrouse Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Eric Wilson Public Works Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Sparkle Anderson Public Affairs Manager; Harold Ellis Senior Planner; Bob Pearce Purchasing Officer; Yesenia Garza Human Resource Generalist; Cristen Wood Human Resource Generalist; John Knight Information Technology Manager. The invocation was given by Xavier Patino of Scout Troop 464 First United Methodist Church and the Pledge of Allegiance was led by Jakob Patino of Scout Troop 464 First United Methodist Church. Mayor Reid recognized Assistant Scout Master Michelle Patino and Troop 464 members that were present to earn their Merit Badge. Mayor Reid thanked the Pearland Youth Action Council members for attending the Pearland Council Meeting. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 13, 2013, Regular Meeting, held at 7:00 p.m. 2. Minutes of the May 13, 2013, Regular Meeting, held at 7:30 p.m. 3. Minutes of the June 10, 2013, Public Hearing, held at 6:30 p.m. Page 1 of 11 — 7/8/2013 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1483 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESERVING A PUBLIC UTILITY EASEMENT AND ABANDONING A CERTAIN ROAD RIGHT-OF-WAY, BEING A 0.3797 ACRE PORTION OF AUBRELL DRIVE OUT OF THE SOUTHEAST '/ OF THE NORTHWEST '/ OF HT&BRR COMPANY SURVEY, SECTION 14, ABSTRACT 509, PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1482 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESERVING A PUBLIC UTILITY EASEMENT AND ABANDONING CERTAIN ROAD RIGHT-OF-WAY WITHIN THE STREET RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF THE LA PALOMA SUBDIVISION AS RECORDED IN VOLUME 24, PAGE 335 OF THE BRAZORIA COUNTY PLAT RECORD, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1484 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT AND/OR REFUNDING BONDS IN ONE OR MORE SERIES; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATING THERETO. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1485 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 201313; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATING THERETO. Mr. Bill Eisen, City Manager. Page 2 of 11 — 7/8/2013 F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR WATER AND WASTEWATER TESTING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Carbone requested Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through G with the exception of item F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0 with Mayor Pro -Tem Hill absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Carbone Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-105. Bill Eisen City Manager reported Council treatment chemicals to Napco Chemical expenditure of approximately $795,000. is being asked to award a bid for water Company with an estimated total annual Councilmember Carbone is concerned regarding the increase in cost year over year and how that relates to the budget. Page 3 of 11 — 7/8/2013 Bill Eisen City Manager stated the amount budgeted in the current fiscal year was $795,000. He stated the $265,000 is the balance of the year. He further stated the part of the current fiscal year was covered under the old contract, and the $265,000 Council is looking at tonight will be paid out of this budget. He stated next year's balance of $795,000 will come out of next year's budget. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 2000M-104 — 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 LOTS 4-10 IN A SUBDIVISION OF 4.512 ACRES OF LAND BEING THE NORTH 1.663 ACRES OF LOT 77 AND THE SOUTH 2.849 ACRES OF LOT 80, OF THE FIGLAND ORCHARDS SUBDIVISION H.T.&B.R.R.CO. SURVEY SECTION 13, A-240, RECORDED IN VOL. 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT THE SOUTHWEST CORNER OF BARDET AND WAGON TRAIL, PEARLAND, TX), ZONE CHANGE 2013-09Z, A REQUEST OF EXPRE REALTY, APPLICANT AND 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. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Ordinance No. 2000M-104 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. 2013-09Z. Bill Eisen City Manager reported approval of the zone change will result in conformance with the surrounding zoning as well as current and future land uses. He further stated the zone change should not have any significant negative impact on the surrounding properties and developments. He stated the zone change is in compliance with the approved Future Land Use Plan. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. Page 4 of 11 — 7/8/2013 FIRST READING OF ORDINANCE NO. 2000M-105 — 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 LOTS 34-39 IN A SUBDIVISION OF 14.458 ACRES OF LAND OUT OF THE NARREGANG SUBDIVISION, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT 1908 BROADWAY ST, PEARLAND, TX), ZONE CHANGE 2013-10Z, A REQUEST OF LYNN ALMOND OF BAY AREA EQUESTRIAN PROPERTIES, LP, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (R-1) 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 Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-105 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. 2013-10Z. Bill Eisen City Manager reported at the June 17, 2013 Joint Public Hearing, City Council and the Planning and Zoning Commission both expressed concern with changing the zoning for the entire site to the requested General Business Zone, as well as the potential for a shopping center to be built on site at a later time if the current use were no longer on the property. He further stated only a portion of the property closest to Broadway have the zoning changed to GB zone, and leaving the existing Residental-1 and Specific Use Permit approval in place for the rear portion of the property. Councilmember Sherrouse stated the Planning and Zoning Commission did a good job in compromising. She stated it gives the business owner what they need, but also protects the residents. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 2000M-106 — 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 19.4462 ACRE TRACT OF LAND LOCATED IN THE H.T.&B.R.R. CO. SURVEY, SECTION 1, ABSTRACT NO. 233 AND THE D.H.H. HUNTER SURVEY, ABSTRACT NO. 76, BRAZORIA COUNTY, TEXAS, BEING A PART OF LOT 42, ZYCHLINSKI SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN VOLUME 29 ON PAGE 43, AND THE REMAINDER OF LOT 4, WALCOTTS PEARLAND SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN VOLUME Page 5 of 11 — 7/8/2013 35 ON PAGE 241, ALSO BEING ALL OR PART OF THE CERTAIN 11.291 ACRE TRACT AND 58.723 ACRE TRACT CONVEYED BY THE ESTATE OF ANTEN HALIK TO A. GUY CROUCH, JR. PER DEED DATED DECEMBER 15, 1972 AND RECORDED IN VOLUME 1143 O N PAGE 854, ALL REFERENCED DEEDS AND MAPS ARE RECORDED IN THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED WEST OF OLD ALVIN RD APPROXIMATELY 500 FEET SOUTH OF MCHARD RD.) ZONE CHANGE 2013-11Z, A REQUEST OF CHRIS LYNCH OF GEHAN HOMES, LP, APPLICANT, ON BEHALF OF T & B ALEXANDER FAMILY LTD. PARTNERSHIP, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) ZONE TO THE SINGLE FAMILY RESIDENTIAL (R-1) 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 Sherrouse made the motion, seconded by Councilmember Carbone, to approve Ordinance No. 2000M-106 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. 2013-11 Z. Bill Eisen City Manager reported the proposed zone change, if approved is not anticipated to have any negative impacts on existing or future developments in the immediate area. The proposed site is located adjacent to an existing apartment complex and across the street from an elementary school and existing residential subdivision. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-103 — 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 ASSOCIATED WITH THE COUNTY ROAD 59 IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-103. Bill Eisen City Manager reported Council is being asked to consider and approve the Interlocal Agreement with Brazoria County for the County Road 59 Improvement Project. Mayor Reid stated Brazoria County Engineer Gerald Roberts has done a superb job in negotiating the contract. Page 6 of 11 — 7/8/2013 Councilmember Ordeneaux thanked Brazoria County for their part in this process. Discussion ensued between Councilmembers and Brazoria County Engineer Gerald Roberts regarding the timing and completion of the project. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION – RESOLUTION NO. R2013-106 – 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 TEXAS DEPARTMENT OF INFORMATION RESOURCES ("TDIR") FOR THE PURCHASE OF A NEW PHONE SYSTEM FOR THE CITY HALL/SERVICE CENTER. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-106. Bill Eisen City Manager reported Council is being asked to award a bid to Morse Communications, Inc. for the purchase and installation of Alcatel Lucent phone systems in the amount of $166,653.28. Discussion ensued between Councilmembers and John Knight Information Technology Manager regarding interchangeable parts, transferring calls, and a service or warranty plan. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 1209-2013 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-13, ENTITLED BUILDING CODE ADOPTED; SECTION 7-13.1, ENTITLED LOCAL AMENDMENTS, SECTION 7-26, ENTITLED SWIMMING POOL CODE—ADOPTED; CONFLICTING PROVISIONS, SECTION 7-26.1, ENTITLED SAME—AMENDMENTS, MODIFICATIONS, ADDITIONS, DELETIONS, SECTION 7-51, ENTITLED MECHANICAL CODE ADOPTED, AND SECTION 7-51.1, ENTITLED LOCAL AMENDMENTS, AND TO ADD ARTICLE II 3/, TO BE ENTITLED EXISTING BUILDING CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Page 7 of 11 – 7/8/2013 Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to approve Ordinance No. 1209-2013 on its first reading. Bill Eisen City Manager reported it is Staff's belief that the adoption of these updated codes will have a positive community impact. He stated the adoption of updated codes will also provide clarity and consistency in interpretations of the code by citizens, staff, and the building community. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 1416-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9, ELECTRICITY, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-153, ENTITLED ADOPTED, SECTION 9-157, ENTITLED WIRING GENERALLY, AND SECTION 9-159, ENTITLED INSTALLATION OF SERVICE CONDUIT, WIRES, ETC.; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1416-2013 on its first reading. Bill Eisen City Manager reported Council is being asked to approve the electrical code updates. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 1211-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III, ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1211-2013 on its first reading. Page 8 of 11 — 7/8/2013 City Manager Bill Eisen reported Council is being asked to approve the updated Fire Code. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 1210-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1, ENTITLED PLUMBING CODE ADOPTED; TO AMEND SECTION 23-1.1, ENTITLED LOCAL AMENDMENTS; AND TO AMEND SECTION 23-161, ENTITLED FUEL GAS CODE ADOPTED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Ordinance No. 1210-2013 on its first reading. Bill Eisen City Manager reported Council is being asked to approve the amended Code of Ordinances, Plumbing and Gas. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 1296-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-61, ENTITLED STANDARD CODE ADOPTED, CONFLICTING PROVISIONS; TO ADOPT A NEW ARTICLE VI, TO BE ENTITLED WINDSTORM RESISTANT CONSTRUCTION; TO AMEND SECTION 7-81, ENTITLED RESIDENTIAL CODE ADOPTED; TO AMEND SECTION 7-81.1, ENTITLED LOCAL AMENDMENTS; AND TO AMEND SECTION 7- 82, ENTITLED ENERGY CODE ADOPTED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1296-2013 on its first reading. Page 9 of 11 — 7/8/2013 Mayor Reid stated a number of years ago Pearland was one of the first Cities to require the installation of hurricane clips in the ceilings of homes. He stated Pearland has been trying to get out in front by using the updated codes to make certain Pearland is not only fast growing but a safe City. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-107 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-107. Bill Eisen City Manager reported on July 1, 2013 Council met in a workshop to discuss and consider proposed changes to the City's existing Employee Handbook. He further stated Council is being asked to approve the proposed changes to the Employee Handbook as discussed in the workshop. Councilmember Sherman stated he appreciated the Human Resource department and Committee on the revisions that were made. He stated there are several items that Council will address at a later time. He further stated he appreciates the fact that Human Resource and the Committee understands Council may need more time. Bill Eisen City Manager recognized Cristen Wood and Yesenia Garza; two of the Human Resource Representatives that were present. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. FIRST READING OF ORDINANCE NO. 543-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to approve Ordinance No. 543-8 on its first reading. Page 10 of 11 — 7/8/2013 Darrin Coker City Attorney reported one revision to this ordinance includes a change to the criminal history reporting requirements for taxi drivers. He stated the current ordinance requires a driver to provide an affidavit that the driver has not been convicted of a felony crime in the preceding 5 year period. He further stated the proposed language would require drivers to provide a copy of their criminal history rather than an affidavit. Such a change will provide the City with a more accurate and reliable information when considering applications for taxi drivers in the city. He stated the second amendment would increase taxi fares which have not been amended in the last 15 years. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. OTHER BUSINESS: None. ADJOURNMENT Meeting was adjourned at 8:22 p.m. Minutes approved as submitted and/or corrected this the 26th day of August, A.D., 2013. pf-,z Tom Reid Mayor ATTEST: •-- • �\ itary Page 11 of 11 — 7/8/2013