2013-10-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 14, 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 7:45 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Keith Ordeneaux
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmember Susan Sherrouse.
Others in attendance: Daniel Baum EMS Operations Director; Jon Branson Assistant
City Manager; Matt Buchanan President of Economic Development Corporation; Eric
Wilson Public Works Director; Trent Epperson Director of Engineering and Capital
Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community
Development; Vance Riley Fire Chief; Sparkle Anderson Public Affairs Manager;
Skipper Jones Assistant Director of Capital Projects; Rick Overgaard Assistant Finance
Director; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief.
The invocation was given by Councilmember Ordeneaux and the Pledge of Allegiance
was led by Johnny Spires Assistant Police Chief.
RECOGNITIONS AND AWARDS: None.
CITIZENS:
Evan and Rashida Burgess, 3806 Trent Cove Lane, addressed Council stating they are
a large military family that moved to Pearland in the summer of 2012. In October 2012
she paid an annual membership fee of $900 to the Pearland Recreation Center. She
would like to renew the membership, but the fees are extremely high considering this is
a public facility that was built for the tax payers. Evan Burgess stated out of all the
places he has been stationed, the Pearland Recreation Center and Natatorium has
been the most expensive. He further stated offering discounts for military, senior
citizens, first responders, and for family's that are larger than 5 members would be
greatly appreciated.
DOCKETED PUBLIC HEARING: None.
Page 1 of 15 — 10/14/2013
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the September 16, 2013, Joint Public Hearing, held at
6:30 p.m.
2. Minutes of the September 9, 2013, Regular Meeting held at 7:30
p. M.
3. Minutes of the September 23, 2013, Regular Meeting, held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS
PURCHASING CONTRACT FOR THE PURCHASE OF
COMPUTERS. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO RENEW A SOFTWARE MAINTENANCE
CONTRACT WITH SUNGARD HTE/OSSI AND APPROVING A
MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager.
Page 2 of 15 — 10/14/2013
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
LIQUID WASTE AND BIO -SOLID WASTE DISPOSAL SERVICES.
Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
WATER FITTINGS AND RELATED PARTS. Mr. Bill Eisen, City
Manager.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF TOM POOL TO POSITION NO. 1, TONY
CARBONE TO POSITION NO. 3 AND TOM REID TO POSITION NO.
5, TO SERVE ON THE DEVELOPMENT AUTHORITY OF PEARLAND
FOR A 2—YEAR TERM EXPIRING SEPTEMBER 30, 2015.
Mayor Tom Reid.
CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF RUBYE JO KNIGHT TO POSITION NO. 6 TO
SERVE ON THE TAX INCREMENT REINVESTMENT ZONE
NUMBER TWO (TIRZ No. 2) OF PEARLAND FOR A 2—YEAR TERM
EXPIRING NOVEMBER 1, 2015. Mayor Tom Reid.
J. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF JON R. BRANSON TO POSITION NO. 2 TO
SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE OF
PEARLAND FOR A 3—YEAR TERM EXPIRING NOVEMBER 1, 2016.
Mayor Tom Reid.
K. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF CRYSTAL L. CARBONE TO POSITION NO. 2
TO SERVE ON THE LIBRARY BOARD FOR A 3—YEAR TERM
EXPIRING NOVEMBER 1, 2016. Mayor Tom Reid.
L. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF CHARLES D. GOODEN TO POSITION NO. 1,
RUSHI B. PATEL TO POSITION NO. 3 AND SHEILA FISCHER TO
POSITION NO. 5 TO SERVE ON THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION OF PEARLAND FOR A 2—YEAR
TERM EXPIRING NOVEMBER 1, 2015. Mayor Tom Reid.
Councilmember Carbone asked that Consent Agenda Items F, H, and K be removed
from the Consent Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to
adopt Consent Agenda Items A through L with the exception of items F, H, and K as
presented on the Consent Agenda.
Page 3 of 15 — 10/14/2013
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse 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.
R2013-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
LIQUID WASTE AND BIO -SOLID WASTE DISPOSAL SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-160.
City Manager Bill Eisen reported this is a Resolution to award a liquid sludge disposal
services contract to Magna Flow Environmental and the dewatered bio -solid sludge
disposal contract to Allied Waste, a division of Republic Services.
Discussion ensued between Council and Purchasing Officer Bob Pearce regarding
pricing.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
As requested by Councilmember Carbone Consent Agenda Item H was removed for
further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF TOM POOL TO POSITION NO. 1, TONY
CARBONE TO POSITION NO. 3 AND TOM REID TO POSITION NO.
5, TO SERVE ON THE DEVELOPMENT AUTHORITY OF PEARLAND
FOR A 2—YEAR TERM EXPIRING SEPTEMBER 30, 2015.
Mayor Tom Reid.
Councilmember Carbone stated he will be abstaining from Agenda Item H.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux,
to approve the reappointment of Tom Pool to Position No. 1, Tony Carbone to Position
No. 3 and Tom Reid to Position No. 5, to serve on the Development Authority of
Pearland for a 2 -year term expiring September 30, 2015.
Page 4 of 15 — 10/14/2013
City Manager Bill Eisen reported these are reappointments to the existing Development
Authority of Pearland Board.
Voting "Aye" Councilmembers Sherman, Hill, and Ordeneaux.
Voting "Abstain" Councilmember Carbone.
Voting "No" None.
Motion Passed 3 to 0, with 1 abstention and Councilmember Sherrouse absent.
As requested by Councilmember Carbone Consent Agenda Item K was removed for
further discussion.
K. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF CRYSTAL L. CARBONE TO POSITION NO. 2
TO SERVE ON THE LIBRARY BOARD FOR A 3—YEAR TERM
EXPIRING NOVEMBER 1, 2016. Mayor Tom Reid.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux,
to approve the reappointment of Crystal L. Carbone to Position No. 2 on the Library
Board for a 3 -year term expiring November 1, 2016.
City Manager Bill Eisen reported this is a reappointment to Position No. 2 to serve on
the Library Board.
Voting "Aye" Councilmember Sherman, Hill, and Ordeneaux.
Voting "Abstain" Councilmember Carbone.
Voting "No" None.
Motion Passed 3 to 0, with 1 abstention and Councilmember Sherrouse absent.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000M-109 — 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 0.3727 ACRES OF LAND, BEING A PART OF RESERVE "A", IN
THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE
PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT RECORDS, BRAZORIA
COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD COMPANY SURVEY,
ABSTRACT 240, BRAZORIA COUNTY, TEXAS; AND 0.2548 ACRES OF LAND, OUT
OF RESERVE "B", IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE,
ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT
RECORDS, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD
COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (LOCATED AT
Page 5 of 15 — 10/14/2013
5306 BROADWAY ST., PEARLAND, TX.) ZONE CHANGE 2013-14Z, A REQUEST OF
JAWAD HUSSAIN, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE
CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) 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 Sherman made the motion, seconded by Councilmember Carbone, to
approve First Reading of Ordinance No. 2000M-109.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Zone Change 2013-14Z.
City Manager Bill Eisen reported it is not anticipated the approval of this zone change
request will have any significant negative impact on existing or future developments in
the area. If the zone change is approved, the property will be able to be operated and
developed in the same manner as other commercial properties in the general area
along Broadway. This zone change would be in conformance with the Future Land Use
Plan.
Discussion ensued between Council, Assistant City Manager Mike Hodge, and Jawad
Hussain, owner of the property regarding why the Planning & Zoning Commission vote
was not unanimous.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
FIRST READING OF ORDINANCE NO. 2000M-110 — 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 38.909 ACRES OF LAND IN THE H. T. & B. R. R. COMPANY
SURVEY, SECTION 81, ABSTRACT NO. 300, BRAZORIA COUNTY, TEXAS, BEING
A PORTION OF LOTS 38, 39, 40, 49, AND 50 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF
RECORD, VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF SAID BRAZORIA
COUNTY (B.C.P.R.), MORE PARTICULARLY BEING THE RESIDUE OF THAT
CERTAIN CALLED 30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE
RESIDUE OF THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART
TWO) CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD, BY AN
INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER 2011012491, OF THE
OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA COUNTY (B.C.O.P.R.)
(LOCATED AT NORTHWEST CORNER CR59/SH288, PEARLAND, TX) ZONE
CHANGE 2013-15Z, A REQUEST OF KERRY GILBERT & ASSOCIATES,
APPLICANT, ON BEHALF OF PARKSIDE 59/288, LTD., OWNER, FOR APPROVAL
Page 6 of 15 — 10/14/2013
OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE TO THE
PLANNED DEVELOPMENT (PD) 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 First Reading of Ordinance No. 2000M-110.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Zone Change 2013-15Z.
City Manager Bill Eisen reported the Planned Development amendment is to allow
location of overhead electrical utility lines which were relocated due to Business Center
Drive construction. The original Planned Development will result in development with
higher standards than the former zoning of Business Park -288. The proposed
amendment will continue to encourage development along both sides of Business
Center Drive.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
FIRST READING OF ORDINANCE NO. 528-8 — AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE CITY
OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN AMENDED FROM
TIME TO TIME; HAVING A SAVINGS CLAUSE; SEVERABILITY CLAUSE; HAVING A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE AND FOR PUBLICATION. Mr. Jon Branson, Assistant City
Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve First Reading of Ordinance No. 528-8.
City Manager Bill Eisen reported in accordance with Council's review of the Animal
Control Code of Ordinances, staff is recommending approximately twenty one overall
changes to the ordinance.
Assistant City Manager Jon Branson reported from 2010 to 2013 Staff was given three
goals. He stated the Subcommittee is presenting the goals and changes for Councils
approval.
Page 7 of 15 — 10/14/2013
CITIZEN:
Nancy Kozanecki, 314 Rustic Lane, addressed Council stating she represents Pet Hub
Animal Rescue. She stated after reviewing this ordinance there are some points that
were discussed with the committee that may have been inadvertently left out. She
stated she would like Council to make some revisions to Ordinance No. 528-8.
Assistant City Manager Jon Branson stated Council has in the information packet some
of the information Nancy Kozanecki presented. He further stated if Council would like to
make changes Staff will be glad to do so.
Councilmember Ordeneaux stated he does have some concerns regarding the
definition of a kennel, compounding of animals, and animals adjacent to residential
homes.
Mayor Pro -Tem Hill stated most of the people he has talked to in the City do not want
chickens in their back yard. He further stated he is not opposed to changing the lot size
for chickens from one acre to three fourth of an acre. If the one hundred fifty foot
requirement is instituted that would probably eliminate any residential lot from owning
chickens. He stated he also has a concern with compounding animals.
Discussion ensued between Council and Animal Control Manager Shari Coleman
regarding animals being sold or donated to a medical school, licensed hospital, or
nonprofit university or college.
Assistant City Manager Jon Branson stated there were two Veterinarians on the Animal
Control Advisory Committee. The committee was unanimous regarding no animals can
be sold or donated to a medical school, licensed hospital, or nonprofit university or
college.
Councilmember Sherman stated he is also concerned about compounding animals. He
further stated he does not have a problem with having a discussion of banning certain
farm animals in residential zones.
Councilmember Ordeneaux stated the definition of farm animals could get blurry
because miniature pigs and rabbits are kept as house pets.
Councilmember Sherman made a suggestion to have a workshop in the future
regarding farm animals.
Councilmember Ordeneaux stated he would like to see a change regarding the distance
requirements that relates to animals adjacent to residential homes.
Councilmember Sherman made a motion, seconded by Mayor Pro -Tem Hill to postpone
Ordinance No. 528-8 to the next regular Council Meeting.
Page 8 of 15 — 10/14/2013
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-165 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSOLIDATING THE PEARLAND
FIRE DEPARTMENT AND EMS DEPARTMENT INTO ONE CITY DEPARTMENT.
Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-165.
City Manager Bill Eisen reported Resolution No. R2013-165 consolidates the Fire and
EMS Departments in a plan recommended by the EMS Chief and the Fire Chief. This
Resolution does not address the shift schedule plan. Council requested a workshop in
the immediate future to discuss this individual item further.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-162 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
PETITION FOR THE ADDITION OF CERTAIN LAND INTO BRAZORIA-FORT BEND
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AND APPROVING THE
ANNEXATION BY BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1 OF APPROXIMATELY 34.244 ACRES OF LAND.
Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-162.
City Manager Bill Eisen reported the District located in Shadow Creek Ranch west of
Kingsley, submitted a petition to allow the annexation of 34 acres into the boundaries of
the District. The annexation will bring the total acreage for the District to 1762.120
acres. The property is zoned Planned Unit Development, and the property will be
developed with 115 residential lots.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 9 of 15 — 10/14/2013
FIRST READING OF ORDINANCE NO. 1493 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
OF APPROXIMATELY 294.93 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve First Reading of Ordinance No. 1493.
City Attorney Darrin Coker reported earlier this year Pearland, Alvin and Iowa Colony
entered into an Extraterritorial Jurisdiction Adjustment Agreement (ETJ). This
agreement is to be consistent with the original intent of the parties that the boundaries
of Brazoria County Municipal Utility District (MUD) No. 22 are in Pearland's ETJ. With
the ETJ issue resolved, MUD No. 22 is now requesting the City's consent to the
annexation of 294 acres that will be developed with single family residential dwellings.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-152 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT
AMENDMENTS WITH MERIT MEDICAL SYSTEMS, INC. Mr. Matt Buchanan,
President of Pearland Economic Development Corporation.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-152.
City Manager Bill Eisen reported Merit Medical Systems is requesting a second
extension. This is a result of the redesign of the mechanical systems in the building after
the original design came in at a cost much higher than expected. Merit is also
requesting changes to the agreements to reflect their pending sale of the building. The
agreement needs to reflect the new ownership and all other job creation and investment
requirements will remain intact. Council will also consider as a separate item, an
assignment and assumption of the tax abatement agreement.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-153 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE
ASSIGNMENT AND ASSUMPTION OF CERTAIN AGREEMENTS BY MERIT
MEDICAL SYSTEMS, INC. TO WOODBURY STRATEGIC PARTNERS FUND, L.P.
Mr. Matt Buchanan, President of Pearland Economic Development Corporation.
Page 10 of 15 — 10/14/2013
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-153.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-163 — 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 THE HOUSTON-GALVESTON AREA COUNCIL (H -GAC) FOR PARTICIPATION
IN THE DWI TASK FORCE GRANT PROGRAM. Chief J.C. Doyle, Pearland Police.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-163.
Assistant Police Chief Johnny Spires reported Council is being asked for approval of the
Regional Driving While Intoxicated Task Force Grant. There is a cooperative hope that
through the combined efforts of the Texas Department of Transportation and Houston -
Galveston Area Council that area grants for law enforcement operations could expand
and perhaps include additional types of enforcement in the future.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-159 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT
AMENDMENT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
BAILEY ROAD PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-159.
City Manager Bill Eisen reported Council is being asked for approval of the Contract
Amendment #6 with CDM Smith for professional services associated with the Bailey
Road Project.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
drainage issues on Bailey Road, and annexation.
Page 11 of 15 — 10/14/2013
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-158 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
APPRAISAL SERVICES ASSOCIATED WITH THE HUGHES RANCH ROAD
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-158.
City Manager Bill Eisen reported Council is being asked to approve the proposal from
Integra Realty Resources for Appraisal Services in the amount of $65,000.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-161 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A LEASE/PURCHASE
BID FOR THE PURCHASE OF CERTAIN CAPITAL EQUIPMENT. Mr. Bill Eisen, City
Manager.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-161.
City Manager Bill Eisen reported Council is being asked for approval of the lease -
purchase financing in the total repayment amount of $1,984,110.38 with U.S. Bancorp
Government Leasing and Finance, Inc.
Discussion ensued between Council and City Manager Bill Eisen regarding the useful
life of the computer equipment.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-164 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES FROM PROCEEDS OF FUTURE TAX-
EXEMPT OBLIGATIONS, BONDS, AND WATER/SEWER BONDS. Mr. Bill Eisen, City
Manager.
Page 12 of 15 — 10/14/2013
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-164.
City Manager Bill Eisen reported Council is being asked for approval of a Resolution
declaring intent to reimburse project expenditures from future bond proceeds.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-157— A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES FROM FUTURE CAPITAL LEASE
PROCEEDS OR FROM OTHER FINANCING SOURCES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-157.
City Manager Bill Eisen reported Council is being asked for approval of a Resolution
declaring the City's intent to reimburse itself from future Capital Lease proceeds for the
purchase of equipment.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-144 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING CANDIDATE(S) FOR
A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY
APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-144.
Mayor Reid stated in August 2009 and September 2011, City Council nominated Ms. Jo
Knight to the Board of Directors of the Brazoria County Appraisal District. Ms. Knight
has indicated a willingness to serve again.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 13 of 15 — 10/14/2013
COUNCIL ACTION — RESOLUTION NO. R2013-150 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR
A POSITION ON THE BOARD OF DIRECTORS OF THE FORT BEND COUNTY
APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-150 as amended.
Discussion ensued between Council and City Manager Bill Eisen regarding the
candidate being a resident of Pearland.
Councilmember Sherman amended the motion, seconded by Councilmember
Ordeneaux to decline to nominate a candidate for a position on the Board of Directors of
the Fort Bend County Appraisal District.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-145 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR
A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY
APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-145.
Discussion ensued between Council regarding the candidate being a resident of
Pearland.
Voting "Aye" None.
Voting "No" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Motion Failed 4 to 0, with Councilmember Sherrouse absent.
Page 14 of 15 — 10/14/2013
COUNCIL ACTION — RESOLUTION NO. R2013-166 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, EXPRESSING SUPPORT FOR THE
PASSAGE OF PROPOSITION 6, ON THE NOVEMBER 5, 2013 CONSTITUTIONAL
AMENDMENT BALLOT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-166.
City Manager Bill Eisen reported on November 5, 2013, Texas voters will consider a
series of amendments to the state constitution. Proposition 6 would create the State
Water Infrastructure Fund for Texas. The plan consists of projects identified by specific
regions of the state including the Houston area.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 9:17 p.m.
Minutes approved as submitted and/or corrected this the 11th day of NovemberA.D.
2013.
om Reid
Mayor
ATTEST:
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