2013-09-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 9, 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 8:17 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
Susan Sherrouse
Keith Ordeneaux
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Daniel Baum EMS Operations Director; Jon Branson Assistant
City Manager; Matt Buchanan President of Economic Development Corporation; Eric
Wilson Director of Public Works; J.C. Doyle Police Chief; Trent Epperson Director of
Engineering and Capital Projects; Roland Garcia Fire Marshal; Bonita J. Hall Director of
Human Resources and Safety Management; Mike Hodge Assistant City Manager;
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.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance
was led by Scout Troop 404 Drew Snell.
RECOGNITIONS AND AWARDS:
Mayor Reid recognized and thanked the Pearland Youth Action Council, and Martha
Sides, and students from the Home School Co-op for attending the City Council
meeting.
Mayor Reid and Assistant City Manager Mike Hodge presented to City Planner Harold
Ellis; Planner II Ian Clowes; Planner I Lauren Stanley; Office Coordinator Judy Brown;
and Administrative Clerk Debbie Cody a Certificate of Achievement for Planning
Excellence for "Recognizing a commitment to professional planning by City
Administration, Elected and Appointed Officials and exemplary professional standards
demonstrated by the Planning and Zoning Staff'.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
Page 1 of 7 — 9/9/2013
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the August 12, 2013,
p.m.
2. Minutes of the August 26, 2013,
6:30 p.m.
Regular Meeting, held at 7:30
Public Hearing Meeting, held at
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-141 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF IRRIGATION IMPROVEMENTS ON MCHARD
ROAD. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE NORTH MAIN ALLEY
SANITARY SEWER PIPE BURSTING PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 1492 — AN APPROPRIATION ORDINANCE
ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2013 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, AND PAY PLANS FOR
FISCAL YEAR 2014. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Ordinance No. 1492 its first reading.
City Manager Bill Eisen reported Council is being asked to approve amending the
budget for fiscal year 2012-2013, adopting a budget for the 2013-2014 fiscal year, and
adopting the fiscal year 2013-2014 pay plans.
Page 2 of 7 — 9/9/2013
Councilmember Sherman thanked City Manager Bill Eisen and Staff for working so hard
on putting the budget together. He stated Pearland is a strong City. Each year the City
Manager and Staff presents a great budget for the City even when there were some
trying financial times. This planning and hard work helps the City to continue growing.
City Manager Bill Eisen thanked Councilmember Sherman and stated on behalf of Staff
he accepts and appreciates the comments. He stated Staff has done a great job over
the years working through some of those issues. He stated he appreciates Council's
involvement in this process each year.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1491 — AN ORDINANCE ADOPTING A TAX
RATE OF $0.7051 AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND
PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2013. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1491 its first reading.
City Manager Bill Eisen reported Council is being asked to adopt a tax rate of $0.7051
and levying taxes for the use and support of the Municipal Government of the City of
Pearland, Texas.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1358-10 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON -DEVELOPMENT
USAGE AND SERVICE FEES; 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 Sherman,
to approve Ordinance No. 1358-10 its first reading.
City Manager Bill Eisen reported annually, as part of the budget process, the City
reviews the Non -Development Fee Ordinance. Changes typically come about based on
changes in contract pricing. Council is being asked to approve the amended Fee
Ordinance.
Page 3 of 7 — 9/9/2013
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1404-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 18-11 OF
CHAPTER 18; MUNICIPAL COURT, OF THE CITY OF PEARLAND CODE OF
ORDINANCES AS IT APPLIES TO THE JUVENILE CASE MANAGER FEE;
PROVIDING A REPEALING CLAUSE, A SAVING CLAUSE AND SEVERABILITY
CLAUSE AND PROVIDING FOR CODIFICATION. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1404-1 its first reading.
City Manager Bill Eisen reported Council is being asked to authorize the collection from
all Class "C" Misdemeanors (conviction fee) to go from $4 to $1 per conviction.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-139 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO
THE BOARD OF DIRECTORS OF THE PEARLAND MUNICIPAL MANAGEMENT
DISTRICT NO. 1. Mr. Darrin Coker, City Attorney.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-139.
City Attorney Darrin Coker reported Municipal Management District No. 1 was
legislatively created in 2005. The legislation provides for the City to make appointments
to the Board of Directors of the District, and the terms for certain current Board
Members expired at the end of June of 2013. The District recently approved a resolution
requesting that the City Council reappoint Florida Dotson and Christian Corl to terms of
office ending June 1, 2017.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Page 4 of 7 — 9/9/2013
COUNCIL ACTION — RESOLUTION NO. R2013-142 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO ASSIGNMENT
OF CERTAIN AGREEMENTS BY SHS PARTNERS LTD. TO MERITAGE HOMES,
LLC. Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-142.
City Attorney Darrin Coker reported the City and the Developer of Riverstone Ranch
previously entered into a Development Agreement and Oversize Agreement that
addressed the construction of roads and utilities in the vicinity of Riverstone Ranch. The
Developer plans to sell the property to Meritage Homes of Texas, and is seeking the
City's consent to the assignment of the Developer's obligation and rights under the
Agreements. The primary component of the Development Agreement was the Hughes
Road Extension which has been constructed. The Oversize Agreement requires the
Developer to build a wastewater collection system with larger size pipes at a deeper
elevation to serve the City's existing infrastructure and eliminate the need for Green Tee
Lift Stations. The City does not object to the assignment of the Agreements to Meritage
Homes.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-138 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
PROFESSIONAL SERVICES ASSOCIATED WITH THE 2ND DRAINAGE OUTFALL
DESIGN FOR MCHARD ROAD. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-138.
City Manager Bill Eisen reported Council is being asked to approve the proposal for
Design Services from Huitt Zollars in the amount of $61,600.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 7 — 9/9/2013
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:42 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE CITY MANAGER'S SELECTION PROCESS.
City Council.
2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE VARIOUS BOARDS AND
COMMISSIONS. Mayor Tom Reid.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:34 p.m.
COUNCIL ACTION — REGARDING THE CITY MANAGER'S SELECTION PROCESS.
City Council.
No Council action taken.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE VARIOUS BOARDS
AND COMMISSIONS. City Council.
Councilmember Sherman made the motion, seconded by Councilmember Carbone
supporting the reappointment of Brazoria County's current appointee to the Gulf Coast
Water Authority Board of Directors, and in addition opposing a two year rotation of
Brazoria County's appointee to the Board of Directors, and Brazoria County takes into
account representation of the various interests of Brazoria County when considering an
appointee to the Gulf Coast Water Authority Board of Directors.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 7 — 9/9/2013
ADJOURNMENT
Meeting was adjourned at 9:36 p.m.
Minutes approved as submitted and/or corrected this the 14th day of October, A.D.,
2013.
ATTEST:
Tom Reid
Mayor
Page 7 of 7 — 9/9/2013