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2013-11-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 11, 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: Jon Branson Assistant City Manager; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Andrea Broughton Deputy Director/City Engineer; Claire Bogard Finance Director; Vance Riley Fire Chief; Michelle Smith Director of Parks and Recreation; Eric Wilson Public Works Director; Sparkle Anderson Public Affairs Manager; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Ordeneaux and the Pledge of Allegiance to the American and Texas Flag was led by J.C. Doyle Police Chief. RECOGNITIONS AND AWARDS: Mayor Reid recognized and thanked Cub Scouts Pack 446, Den 7, their parents, and Richard Ghiselin for attending the City Council Meeting. Mayor Reid presented a Proclamation proclaiming November 16, 2013, as "Pearland Diwali 2013 Day" to Anand Ramamurthy. Anand Ramamurthy thanked the Mayor, Councilmembers, City Manager, Staff and friends for the opportunity and support the City of Pearland has shown over the last several years. The Festival of Lights will be November 16, 2013 at Berry Miller Junior High School. Everyone is invited for cultural programs, fun, activities and Indian ethnic food. Ashley Quinonez Chief Executive Officer of Memorial Hermann Hospital presented a brief presentation on the Convenient Care Center and Memorial Hermann Hospital in Pearland. She presented Mayor Reid with the ground breaking shovel and hard hats to the City Manager and Councilmembers. Page 1 of 15 — 11/11/2013 Mayor Reid and City Manager Bill Eisen presented Julian Kelly, Water Production Operator II, Public Works the Full -Time Employee of the Quarter Award for exemplifying the Core Beliefs of the City of Pearland. Mayor Reid recognized and thanked the Youth Action Council students for attending the City Council Meeting. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: Minutes of the October 14, 2013, Regular Meeting, held at 7:30 p.m. 2. Minutes of the October 21, 2013, Special Meeting, held at 7:00 p. M. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE ABSENCE OF COUNCILMEMBER SUSAN SHERROUSE FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 14, 2013. City Council. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE ABSENCE OF COUNCILMEMBER TONY CARBONE FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 28, 2013. City Council. Page 2 of 15 — 11/11/2013 E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1494 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-179 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LARGE WATER METER TESTING AND MINOR REPAIR SERVICES. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-188 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY DEPARTMENT OF EDUCATION PURCHASING COOPERATIVE AND AWARDING A BID FOR LEASE OF MULTI -FUNCTION COPIERS. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-181 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF CLOTH FILTER MEDIA FOR THE JHEC WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-180 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR PURCHASE OF TIRES. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — RATIFYING THE CITY MANAGER'S REAPPOINTMENT OF PHIL CESSAC TO POSITION NO. 1 TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A THREE (3) YEAR TERM EXPIRING NOVEMBER 1, 2016. Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Agenda Items C and D be removed from the Consent Agenda for further discussion. Page 3 of 15 — 11/11/2013 Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through J with the exception of items C and D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Mayor Reid Consent Agenda Item C was removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE ABSENCE OF COUNCILMEMBER SUSAN SHERROUSE FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 14, 2013. City Council. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to excuse the absence of Councilmember Susan Sherrouse from the Regular Council Meeting held on October 14, 2013. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. As requested by Mayor Reid Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE ABSENCE OF COUNCILMEMBER TONY CARBONE FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 28, 2013. City Council. Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux, to excuse Councilmember Tony Carbone from the Regular Council Meeting held on October 28, 2013. Voting "Aye" Councilmembers Sherman, Hill, Ordeneaux, and Sherrouse. Page 4 of 15 — 11/11/2013 Voting "No" None. Voting "Abstain" Councilmember Carbone. Motion Passed 4 to 0 with 1 abstention. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2013-184 — A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS, SERIES 2013; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST, PURCHASE CONTRACT AND OTHER DOCUMENTS RELATING TO THE BONDS; MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED THERETO. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to approve Resolution No. R2013-184. City Manager Bill Eisen reported Council is being asked for approval of the Issuance of Development Authority of Pearland Tax Increment Contract Revenue Bonds, Series 2013. The City of Pearland's Financial Advisor John Robuck with BOSC, Inc. gave a brief overview regarding the sell of Revenue Bonds. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-186 — 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 MUNICIPAL UTILITY DISTRICT NO. 26. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Hill made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-186. After amendment this item was postponed to a future agenda. Page 5 of 15 — 11/11/2013 City Manager Bill Eisen reported the City owns over 63 acres in the Shadow Creek Ranch development for the purposes of Park development. The City was approached by Municipal Utility District No. 26 with a request to lease a portion of the field space, not currently planned for development, so they can make improvements and provide additional field space to meet the growing need. Councilmember Sherman stated he lives in Municipal Utility District No. 26 and is concerned with the effect it will have on the tax payers in MUD No. 26. City Manager Bill Eisen stated Municipal Utility District No. 26 does not have the power to issue bonds. It will not involve any issuance of debt, MUD No. 26 will utilize funds they have on hand. It will not be a lighted area; the minimum MUD No. 26 can do is maintenance, mowing and some leveling of the area. Councilmember Sherman stated while there is not going to be a need to sell bonds there is going to be a use of funds. Some residents of MUD No. 26 may argue the funds could be used to pay down the debt. He suggested postponing this item until Council can meet with the representatives of MUD No. 26 to discuss their plans and the effect it will have on the tax payers. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Councilmember Ordeneaux stated he agrees to postpone this item since there is not a MUD No. 26 Board Representative present to answer Council's questions. Councilmember Sherman amended the motion, seconded by Councilmember Sherrouse to postpone Resolution R2013-186 to a future meeting. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 6 of 15 — 11/11/2013 FIRST READING OF ORDINANCE NO. CUP2013-08 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LEGALLY DESCRIBED AS RESERVE "A," BEING 1.01 ACRES OF THE FINAL PLAT OF SUNRISE LAKE VILLAGE; A 8.42 ACRE TRACT, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, AND BEING PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS (LOCATED AT 2752 SUNRISE BLVD., PEARLAND, TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-08 TO ALLOW AN EMERGENCY CARE CLINIC WITHIN THE GENERAL BUSINESS RETAIL DISTRICT (GB) AT THE REQUEST OF GREG MCGAHEY, APPLICANT FOR REBOUND PROPERTIES, LIMITED, OWNER, 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 Carbone, to approve First Reading of Ordinance No. CUP2013-08. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council approval of Application No. CUP 2013-08. City Manager Bill Eisen reported Staff recommends approval of the Conditional Use Permit (CUP 2013-08) to allow the operation of an Emergency Care Clinic facility within a General Business Retail Zoning District. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-178 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE HARRIS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-178. Councilmember Sherrouse amended the motion, seconded by Mayor Pro -Tem Hill, to add Ed Heathcott to the election ballot for the Harris County Appraisal District Board of Directors. Page 7 of 15 — 11/11/2013 Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Carbone. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Carbone, Hill, Ordeneaux, and Sherrouse. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2013-176 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-176. Councilmember Sherman amended the motion, seconded by Councilmember Ordeneaux, to add Ruby Jo Knight to the election ballot for Brazoria County Central Appraisal District Board of Directors for the 2014-2015 term. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-177— A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE FORT BEND COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. Page 8 of 15 — 11/11/2013 Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-177. Councilmember Carbone amended the motion, seconded by Mayor Pro -Tem Hill, to add Al Abramczyk to the election ballot for the Fort Bend County Appraisal District Board of Directors. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Carbone. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2013-185 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH THE GULF COAST WATER AUTHORITY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-185. City Manager Bill Eisen reported Council is being asked for approval for a license agreement between the City of Pearland and the Gulf Coast Water Authority for installation of a repeating radio transceiver on the Kirby Elevated Storage Tank. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-187 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2013, DUE TO THE HOLIDAY SEASON. Mr. Bill Eisen, City Manager. Page 9 of 15 — 11/11/2013 Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-187. City Manager Bill Eisen reported this Resolution will continue the City Council's past practice of changing the December regular meeting dates for the holiday season. The second regular meeting for December will take place on December 16, 2013 rather than December 23, 2013. There are no meetings scheduled for December 23, 2013. He further stated recently Council adopted some amendments to the Personnel Policy's. Martin Luther King, Jr. Day was added as an additional holiday. If Council approves, Staff will schedule Public Hearings Monday January 6, 2014. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-183 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS URGING AMENDMENTS OR REVISIONS TO THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 2012 RECENTLY PASSED BY THE U. S. CONGRESS; DIRECTING THE CITY SECRETARY TO SEND A CERTIFIED AND TRUE COPY OF THE RESOLUTION TO ALL STATE AND FEDERAL LEGISLATORS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-183. City Manager Bill Eisen reported Council is being asked for approval of the amendments to the Biggert-Waters Flood Insurance Reform Act of 2012. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2013-189 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A SHIFT STRUCTURE FOR THE CONSOLIDATED FIRE AND EMS DEPARTMENT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-189. Page 10 of 15 — 11/11/2013 City Manager Bill Eisen reported Council is being asked to pass Resolution No. R2013- 189 adopting a shift structure for the consolidated Fire and EMS Department. He further stated clarification is needed from Council if the four personnel per on -duty fire apparatus are to all be full-time or three personnel are to be full-time with the fourth person to be made up from volunteer, part-time or full-time personnel. Councilmember Ordeneaux stated his point of view is the four personnel per on -duty fire apparatus are to be full-time personnel. Councilmember Carbone stated he agreed Councilmember Sherman stated he disagreed. He further stated his thought is the shift structure would be a combination of volunteer, part-time and full-time personnel. Councilmember Sherrouse stated she is in favor of the four shifts using three full-time personnel and the fourth to be volunteer or part-time personnel. Fire Chief Vance Riley stated if the Fire Department had four full-time personnel per on - duty fire apparatus a volunteer could still serve as a fifth position. He stated two of the current Fire Stations do not have enough sleeping quarters to add that fifth person per truck. He stated short term the Fire Department would be limiting the Volunteer Firefighters to some extent. Councilmember Carbone stated he is concerned the Fire Department is currently having difficulty staffing positions with full-time personnel. Fire Chief Vance Riley stated at the current time the fourth position is staffed with part- time or volunteer personnel. At times it is difficult to staff the fourth position with volunteer or part-time personnel. Councilmember Carbone stated that is why he is in favor of staffing with four full-time personnel. Councilmember Ordeneaux stated he is in favor of four full-time personnel for the safety of our firefighters and residents. Fire Chief Vance Riley stated when looking at the number of fire stations and personnel the City will need in the future and the impact on the budget, he is opposed to starting immediately with four full-time personnel on every fire truck. He does agree there needs to be four personnel per on -duty fire apparatus at all times. If in the future there is a lack of volunteers or the part-time program is not working he will come back to Council and ask for more full-time personnel. Page 11 of 15 — 11/11/2013 Councilmember Carbone asked if the Consolidation Committee has a recommendation on the shift and number of personnel. Fire Chief Vance Riley stated the Committee gave four different options, but did not recommend a specific shift. Mayor Pro -Tem Hill stated he is in favor of the Resolution as proposed. Chairperson of the Consolidation Committee Jack Helton stated the committee presented four options that would give personnel either more days off or additional personnel to help reduce stress and fatigue. He stated the Committee is presenting these options for Councilmembers to review and make a decision. Discussion ensued between Council and Chairperson Jack Helton regarding the number of personnel and rotation to prevent anyone from being on an ambulance for 48 hours straight. Councilmember Ordeneaux stated unfortunately this does become a budget issue. He does not think the budget can withstand four shifts with four full-time personnel per apparatus without a tax increase. He stated it all comes down to budget and trying to do the best job with the least amount of money. Councilmember Sherman stated he would like the Resolution to state the fourth position can be filled with full-time, part-time or volunteer personnel. City Manager Bill Eisen stated the Resolution as worded is a minimum of four per apparatus per shift. At the current time the minimum is less than four. If this Resolution is passed and there are four stations the minimum per apparatus will be sixteen. Regardless if the personnel are full-time, part-time or volunteer. Councilmember Carbone stated having the fourth position staffed with a Certified Paramedic that can rotate to an ambulance is how combined departments work. That is why he is pushing for four full-time personnel per apparatus. He further stated he would like to see the Resolution amended to four full-time personnel on duty. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Hill to amend the motion to adopt the three shift schedule with four full-time employees per on -duty apparatus. Voting "Aye" Councilmembers Carbone, and Sherrouse. Voting "No" Councilmember Sherman, Hill, and Ordeneaux. Motion Failed 3 to 2. Page 12 of 15 — 11/11/2013 Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux, to amend Resolution No. 2013-189 to read Pearland City Council adopts the three shift schedule with a minimum of four personnel per on -duty apparatus with the fourth person being full-time, part-time or volunteer. Voting "Aye" Councilmembers Sherman, Hill, and Ordeneaux. Voting "No" Councilmembers Carbone and Sherrouse. Motion Passed 3 to 2. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Sherman, Hill, and Ordeneaux. Voting "No" Councilmembers Carbone and Sherrouse. Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2013-190 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-190. City Manager Bill Eisen reported Council is being asked to approve the Resolution amending the policy. Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to amend the motion to include all City Staff with a take home vehicle to be grandfathered in. Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Page 13 of 15 — 11/11/2013 Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session under Texas Government Code at 9:16 p.m. 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 — REGARDING CONSULTATIONS WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:47 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. No Council action taken. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. No Council action taken. Page 14 of 15 — 11/11/2013 ADJOURNMENT Meeting was adjourned at 9:48 p.m. Minutes approved as submitted and/or corrected this the 9t" day of December A.D. 2013. Tom Reid Mayor ATTEST: kQ�R�z..... . Yo g LoVgL,-TRP/t Secrry ...... Page 15 of 15 — 11/11/2013