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2013-09-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 23, 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: Daniel Baum EMS Operations Director; 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; 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 Manager; Skipper Jones Assistant Director of Capital Projects; Johnny Spires Assistant Police Chief; Bobby Pennington Budget Coordinator; Honorable Judge Letitia Farney. The invocation was given by Mayor Pro -Tem Hill and the Pledge of Allegiance was led by Police Chief J.C. Doyle. City Manager Bill Eisen introduced the new Assistant Director of Public Works, Mike Leach. RECOGNITIONS AND AWARDS: Mayor Reid and Councilmember Ordeneaux presented a Proclamation proclaiming the month of October 2013, as "Dyslexia Awareness Month" to parents and students of Barbara Cockrell Elementary, Challenger Elementary, Rogers Middle School, Sablatura Middle School, Miller Junior High, and Pearland Junior High West. Mayor Reid presented a Proclamation proclaiming the week of October 6-12, 2013, as "Fire Prevention Week" to Fire Chief Vance Riley, Emergency Management Coordinator/Fire Marshal Roland Garcia, Deputy Fire Marshal Greg Bozdech, and Buddy the dog. CITIZENS: None. DOCKETED PUBLIC HEARING: None. Page 1 of 6 — 9/23/2013 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 26, 2013, Regular Meeting, held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR WASTEWATER POLYMER. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR FIRE APPARATUS & PREVENTATIVE MAINTENANCE AND REPAIRS. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 2 of 6 — 9/23/2013 MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: SECOND AND FINAL 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 on its second and final 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. Discussion ensued between Council and City Manager Bill Eisen regarding the comp/class study and the net effect of the changes. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL 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 on its second and final 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 Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Page 3 of 6 — 9/23/2013 COUNCIL ACTION — RESOLUTION NO. R2013-143 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) 2014-2018. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-143. City Manager Bill Eisen reported Council is being asked to adopt the Five -Year Capital Improvement Program (CIP) 2014 through 2018. Discussion ensued between Council and Assistant City Manager Mike Hodge regarding reaching out in the future to the Library Board for input. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE BAILEY ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-147. City Manager Bill Eisen reported Council is being asked to enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Bailey Road Project, in the amount of $6,869,244. Discussion ensued between Council and City Manager Bill Eisen regarding the annexation of Bailey Road area. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1301-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S TRAFFIC POLICY, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1301-1 on its first reading. Page 4 of 6 — 9/23/2013 City Manager Bill Eisen reported Council is being asked to approve the revised Traffic Policy. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1220-21 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9 '/2, EMERGENCY MEDICAL SERVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY FOR VIOLATION; HAVING 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 the motion, seconded by Councilmember Carbone, to approve Ordinance No. 1220-21 on its first reading. City Manager Bill Eisen reported due to an increase in the number of private ambulance companies wishing to be permitted for operation in the City of Pearland a need was identified to clarify certain sections of the existing Emergency Medical Services Ordinance. The amended Ordinance clarifies the responsibilities of companies issued a medical transfer permit as well as eliminates some contradictory language. The proposed amendment also updates the terminology used to describe the administration of the EMS department. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-151 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED INTERLOCAL AGREEMENT WITH LEAGUE CITY. J.C. Doyle, Chief of Police. Mayor Pro -Tem Hill made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-151. City Manager Bill Eisen reported Council is being asked for approval to amend the contract to decrease the City's cost and continue a successful program that has been in place since 2009. Page 5 of 6 — 9/23/2013 Discussion ensued between Council and Police Chief J.C. Doyle regarding the Department of Public Safety not having enough technical supervisors to oversee the breath alcohol test program. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-146 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-146. City Manager Bill Eisen reported approving the sale of the property located at 2530 San Antonio Avenue, Block 33, Lot 33-34 will get it back on the tax rolls. The City will be able to recover some of what is owed to the community. Discussion ensued between Council and City Manager Bill Eisen regarding the approval of Pearland Independent School District. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: None. ADJOURNMENT Meeting was adjourned at 8:15 p.m. Minutes approved as submitted and/or corrected this the 14th of October, A.D., 2013. GYr►J Tom Reid Mayor ATTEST: po/(CAy Secretary Page 6 of 6- 9/23/2013