2013-10-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 28, 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
Tom Reid
Mayor Pro -Tem
Greg Hill
Councilmember
Scott Sherman
Councilmember
Keith Ordeneaux
Councilmember
Susan Sherrouse
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
Young Lorfing
Absent: Councilmember Tony Carbone.
Others in attendance: Daniel Baum EMS Chief; 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;
Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation;
Sparkle Anderson Public Affairs Manager; Skipper Jones Assistant Director of Capital
Projects; Bob Pearce Purchasing Officer.
The invocation was given by Reverend Spiller of Faith Christian Church and the Pledge
of Allegiance was led by Bill Eisen City Manager.
RECOGNITIONS AND AWARDS:
Mayor Reid presented a Proclamation to Marla Rodriguez proclaiming the week of
November 11-15, 2013, as "Association of Perioperative Registered Nurse Week."
Assistant City Manager Jon Branson presented Michelle Smith Director of Parks and
Recreation and the Pearland Parks and Recreation Department with the Commission
for Accreditation of Park and Recreation Agencies (CAPRA) Certification from the
National Recreation and Parks Association.
Parks and Recreation Director Michelle Smith stated the Parks and Recreation
Department was evaluated on meeting 144 National Standards for best practices. The
department succeeded with flying colors. She stated the Parks and Recreation Staff are
made up from the best of the best. They worked hard on this achievement knowing it
was beneficial for the department to grow and move into the future.
Mayor Reid recognized Brazoria County Constable Buck Stevens and representatives
of the Youth Action Council.
Page 1 of 9 — 10/28/2013
CITIZENS:
Jose Gonzalez, 1018 CR 712B, addressed Council stating a year ago he purchased a
tax lien property from the City of Pearland. He stated he understood when he paid the
taxes the lien would be removed. He recently sold the property, and at the closing he
was told taxes were owed. He stated he paid the taxes to be able to sell the property.
Since then he has contacted the City and has been reimbursed a portion of what he
paid. He does not understand why he was not reimbursed the full amount because the
taxes were paid when he purchased the property.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 7, 2013, Special Meeting, held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 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.
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C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF MARY A. STARR, TO POSITION NO. 1 AND
MATHEW A. HANKS TO POSITION NO. 6 TO SERVE ON THE
PLANNING AND ZONING COMMISSION FOR A THREE (3) YEAR
TERM EXPIRING NOVEMBER 1, 2016. Mayor Tom Reid.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF LUCY R. STEVENER TO POSITION NO. 7 TO
SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION FOR A TWO (2) YEAR TERM EXPIRING
NOVEMBER 1, 2015. Mayor Tom Reid.
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G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DR. CATHERINE H. O'BRIEN TO POSITION
NO. 7 TO SERVE ON THE LIBRARY BOARD FOR A THREE (3)
YEAR TERM EXPIRING NOVEMBER 1, 2016. Mayor Tom Reid.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-171 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF
CARDIAC MONITORS/DEFIBRILLATORS. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-172 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF
FLEET VEHICLES. Mr. Bill Eisen, City Manager.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-173 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR
OFFICE SUPPLIES. Mr. Bill Eisen, City Manager.
Mayor Reid asked that Consent Agenda Item E be removed from the Consent Agenda
for further discussion.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux,
to adopt Consent Agenda Items A through J with the exception of item E, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0 with Councilmember Carbone absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Reid Consent Agenda Item E was removed for further
discussion.
E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF MARY A. STARR, TO POSITION NO. 1 AND
MATHEW A. HANKS TO POSITION NO. 6 TO SERVE ON THE
PLANNING AND ZONING COMMISSION FOR A THREE (3) YEAR
TERM EXPIRING NOVEMBER 1, 2016. Mayor Tom Reid.
Councilmember Sherman amended the motion, seconded by Councilmember
Ordeneaux, to approve the amended motion reappointing Mary Starr, to position No. 1
to serve on the Planning and Zoning Commission for a three year term expiring
November 1, 2016.
Page 4 of 9 — 10/28/2013
Mayor Reid stated Mathew A. Hanks requested not to be reappointed to serve on the
Planning and Zoning Commission.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
NEW BUSINESS:
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.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherrouse, to
approve First Reading of Ordinance No. 528-8.
City Manager Bill Eisen reported Council is being asked for consideration of proposed
changes to the Animal Control Code of Ordinances.
Tammy Dexter, 1412 W. Pine Orchard Dr., addressed Council stating she is
representing residents that are concerned with the remarks Councilmember Ordeneaux
made at the last regular Council Meeting. She stated his comments to allow animals to
be sent to labs for experimentation shocked and disappointed a lot of residents. She
stated it goes against the goals Councilmembers set for Animal Control, which is to
work towards a no kill animal facility. She asked Council to continue to make policies
that will protect Pearland animals.
Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — REGARDING THE REAPPOINTMENTS OR APPOINTMENTS
TO THE PARKS RECREATION & BEAUTIFICATION BOARD, POSITION NUMBERS 1
& 4 WITH A TERM EXPIRING NOVEMBER 1, 2016, AND FILL THE UNEXPIRED
TERM OF POSITION NUMBER 2, TERM EXPIRING NOVEMBER 1, 2015. Mayor Tom
Reid.
Page 5 of 9 — 10/28/2013
Councilmember Ordeneaux amended the motion, seconded by Councilmember
Sherman, to approve Erin Allen to the Parks Recreation & Beautification Board, position
number 1 and Heidi Wiess to position number 4 with a term expiring November 1, 2016.
Buck Stevens to fill the unexpired term of position number 2, term expiring November 1,
2015.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — RESOLUTION NO. R2013-175 — 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 GULF COAST CENTER ASSOCIATED WITH THE DEVELOPMENT OF A
PARK AND RIDE PROGRAM. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-175.
City Manager Bill Eisen reported Council is being asked to consider entering into an
agreement with Gulf Coast Center in the amount of $57,500 to assist the City of
Pearland in developing a Park and Ride program. Including a facility development plan,
a joint development plan, a financial framework, and an implementation strategy for
future express transit services for Pearland area residents to and from the Texas
Medical Center, downtown, and linkage with Metro's regional transit network.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — RESOLUTION NO. R2013-174 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR STREET
AND SIDEWALK MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-174.
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City Manager Bill Eisen reported Council is being asked for approval to renew a bid
award for sidewalk and street maintenance services, to Brooks Concrete Inc., with an
estimated annual expenditure for all services under this bid of approximately $315,000.
Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — RESOLUTION NO. R2013-169 — 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. Mr. Eric Wilson, Director of Public Works.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-169.
City Manager Bill Eisen reported the Interlocal Agreement between the City and
Brazoria County is the annual agreement that covers the construction, maintenance,
improvement and repair activities on certain streets in the City. The City will provide the
materials and the County will provide the equipment and labor for work performed under
the agreement.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — RESOLUTION NO. R2013-168 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING STAFF TO PREPARE
A SERVICE PLAN FOR THE PROPOSED ANNEXATION OF PROPERTY LOCATED
IN THE CITY'S EXTRATERRITORIAL JURISDICTION. Mr. Darrin Coker, City
Attorney.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2013-168.
City Manager Bill Eisen reported the City recently received a petition for the annexation
of 20 acres located west of the West Lea Subdivision. The developer plans to develop a
total of 40 acres, but only one of the 20 acre tracts is currently within the City limits. The
developer currently has both tracts under contract and wants the City to annex the
Extraterritorial Jurisdiction (ETJ) tract, so both parcels will be in the City limits.
Page 7 of 9 — 10/28/2013
Deputy City Attorney Nghiem Doan stated regarding the schedule of the completion
date will have to be reworked. Staff realized the City is outside the time frame of one of
the steps required. The last Regular Council Meeting will be held on December 9, 2013.
The Public Hearings will begin in December 2013. From December 9, 2013 to the next
regular Council Meeting in January, 2014 will be too much time in between. One
solution would be if Council considers handling the readings of the annexation
Ordinances at a Special Meeting, which will be in January 2014.
Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
COUNCIL ACTION — RESOLUTION NO. R2013-170 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF AMBULANCE MEDIC UNITS. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-170.
City Manager Bill Eisen reported Council is being asked for approval to purchase three
(3) ambulances, from Sterling McCall Ford in the total amount of $363,500 via the
Houston -Galveston Area Council cooperative purchasing contract.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Carbone absent.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive Session under Texas Government Code at
8:13 p.m. to discuss the following:
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY — CITY FACILITIES.
Mr. Bill Eisen, City Manager.
Page 8 of 9 — 10/28/2013
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:37 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken.
ADJOURNMENT
Meeting was adjourned at 8:38 p.m.
Minutes approved as submitted and/or corrected this the 25th day of November A.D.
2013.
€tet Tom Reid
Mayor
ATTEST:
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MARIA E. RODRIGUEZ
Deputy City Secretary
Page 9 of 9 — 10/28/2013