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2011-05-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 23, 2011, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:38 p.m. with the following present: Mayor Tom Reid Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle Councilmember Ed Thompson City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Webb Absent: Mayor Pro -Tem Sherman. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Vance Riley Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance Director; David Whittaker Director of Inspection Services; Senior Planner Harold Ellis; Assistant City Engineer Trent Perez; Utility Billing Supervisor Meg McNulty; City Attorney II Lawrence Provins. The invocation was given by Councilmember Thompson and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported May 11, he joined and welcomed organizations to the Neighborhood Forum, attended the Adult Reading Center Board of Directors Meeting, and presented the Mayor's Scholarship to Dawson a High School Senior; May 12, joined Assistant City Manager Mike Hodge for a meeting with Sugar Land Representatives and the Gulf Coast Water Authority, presented Mayor's Scholarship to a Pearland High School Senior, and joined City Council and Staff for the Police Department Annual Awards Banquet; May 13, attended the Pearland Chamber Business Before Breakfast Event; May 14, campaigned for re-election as Mayor; May 15, spoke at the Eagle Scout Troop 468 Court of Honor; May 16, attended the Pearland School District Education Improvement Committee Meeting; May 17, attended Houston Mayor Parker Reed Commission Breakfast, the Houston -Galveston Area Council Board of Directors Meeting, and the Republican Women Association Salute to Veterans Event; May 18, spoke at the Opening of Magnolia-Southfork Road; May 19, joined Councilman Thompson for the Pearland Chamber Leadership Council, attended the Page 1 of 8 — 5/23/2011 Pearland Chamber State of the County Luncheon, joined Assistant City Manager Mike Hodge for the Gulf Coast Water Authority Board of Directors Meeting, and attended the Kids -R -Kids Graduation Event; May 22, attended and Judged the Teen Pageant Event for Silver Lake Church. Mayor Reid presented Fire Marshal Roland Garcia with a Proclamation proclaiming May 22 — 28, 2011, as "Hurricane Awareness Week." COUNCIL ACTIVITY REPORTS Councilmember Owens stated an interesting article appeared in the newspaper which stated that all alarm companies must be licensed by the State through the Department of Public Safety to solicit business or install alarm systems. This requires every employee of the company to submit to a background check. He recommends that each resident verify anyone selling alarm systems before they let them into their house or on their property. Councilmember Saboe stated he was not able to attend the Police Banquet; however, he deeply appreciates the service the individuals that protect the community. Mayor Pro -Tem Sherman was absent. Councilmember Kyle stated she also was not able to attend the banquet, but sincerely appreciates the services provided by the individuals. She also stated that she was pleased with the turnout for the May 14, 2011, Election. Councilmember Thompson stated he attended the Opening of the Magnolia Road and wanted to thank Councilmember Saboe for his efforts with the project. He attended the Pearland Chamber Leadership Meeting where it was brought up that the total amount collected for the Hotel Tax was the highest in the history of the tax. The Brazoria County Precinct No. 3 will be doing work on Old Alvin Road near Plum Road and residents in the area should be aware of the construction work. He also attended the Pearland Chamber State of the County Event and they are still a lot of things going on in Brazoria County. CITY MANAGER'S REPORT City Manager Bill Eisen reported that the opening of Magnolia Road means that there are now three east -west corridors in the City. He attended the Pearland Police Awards Banquet and wanted to mention the Officer of the Year, John Despain. Page 2 of 8 — 5/23/2011 CITIZENS: Michael Sanders, 19 Briar Hollow Lane, addressed Council and stated he is an attorney that represents a City resident, Mary Price. Ms. Price owns approximately fifteen acres which have six oil wells located on the property that are operated by Denbury Resources, Inc.. She has asked him to come to Council to express her support of the proposed annexation to allow the City to better protect her rights regarding Denbury's activities. Mr. Sanders continued to provide details regarding issues Ms. Price has experienced with Denbury Drilling and asked the City to address those issues. Beth Lane, 3402 Tweed Way, addressed Council and stated her home is located right off of Magnolia Road and when drivers go over the new bridge they can see into her backyard and home. They have already experienced someone standing on the bridge staring into their home. She has two daughters who are scared to open their windows or go into the backyard. The noise is also constant throughout her home. The City needs to install a sound wall to prevent the noise and provide the residents with more privacy. Manuel Villanueva, 6303 Ozark Trail, addressed Council and stated he lives off of the new Magnolia Road and is concerned about his family's privacy. They had a family function in their backyard and drivers would waive at them as they drove by. The City needs to take the necessary actions to prevent this invasion of his family's privacy in their own yard. Councilmember Saboe left the chambers. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 2, 2011, Special Meeting held at 7:30 p.m. 2. Minutes of the May 9, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP-51 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B. BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS LOCATED AT 7902/7904 BROADWAY, PEARLAND, TX, Page 3 of 8 — 5/23/2011 CONDITIONAL USE PERMIT (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-06), TO ALLOW THE OPERATION OF A RESTAURANT, IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT, FOR GURU OM SAI, LLC., 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 Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Kyle, and Thompson. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Sherman and Councilmember Saboe absent. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 2000M-78 — 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 A TRACT OR PARCEL CONTAINING 22.7711 ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-04Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO 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. No action taken by Council. Page 4 of 8 — 5/23/2011 COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M-79. City Council. No action taken by Council. FIRST READING OF ORDINANCE NO. 2000M-79 — 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 A TRACT OR PARCEL CONTAINING 30.5709 ACRES AS DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. FURTHER DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-05Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY RESIDENTIAL -2 (R-2) 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. No action taken by Council. FIRST READING OF ORDINANCE NO. 1446 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (AREA GENERALLY LOCATED WEST OF SH 35, EAST OF THE RAILROAD, SOUTH OF HASTINGS FIELD ROAD AND NORTH OF HASTINGS CANNON ROAD — AREA 5); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2011-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT AND BUDGET ADJUSTMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Page 5 of 8 — 5/23/2011 Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-52. City Manager Bill Eisen stated this item and next two items are related to the extension of Business Center Drive. The first item is a design contract for the overall design of the project and required drainage. Another item is an additional contract for the participation of Brazoria County in the widening of portions of the road. The third item is a proposed Developer Agreement which allows Parkside to fund the design of Business Center Drive Voting "Aye" Councilmembers Thompson, Kyle, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Saboe and Sherman absent. COUNCIL ACTION — RESOLUTION NO. 82011-54 — 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 ASSOCIATED WITH THE CONSTRUCTION OF AN EXTENSION OF CR 59 THROUGH ITS INTERSECTION WITH BUSINESS CENTER DRIVE. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-54. Voting "Aye" Councilmembers Owens, Kyle, and Thompson. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Saboe and Sherman absent. COUNCIL ACTION — RESOLUTION NO. R2011-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Thompson, to approve Resolution No. R2011-55. Voting "Aye" Councilmembers Thompson, Kyle, and Owens. Page 6 of 8 — 5/23/2011 Voting "No" None. Motion Passed 3 to 0. with Councilmembers Saboe and Sherman absent. COUNCIL ACTION — RESOLUTION NO. R2011-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR RIGHT-OF- WAY CLEARING SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Thompson, to approve Resolution No. R2011-53. City Manager Bill Eisen stated this item relates to a proposed contract for right-of-way clearing along Bailey Road. The proposed contract is with Asplundh Tree Expert Company in the amount of $66,496. Councilmember Owens asked if the project was formally bid. City Manager Bill Eisen stated it was formally bid and two bids were received; however, one of the bids did not meet the specifications. Voting "Aye" Councilmembers Owens, Kyle, and Thompson. JVoting "No" None. Motion Passed 3 to 0, with Councilmembers Saboe and Sherman absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:19 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:52 p.m. Page 7 of 8 — 5/23/2011 COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. Councilmember Kyle made the motion, seconded by Councilmember Thompson, to approve a performance agreement between the Pearland Economic Development Corporation and Prospect No. 380, and an agreement between the City and Prospect No. 0615. Voting "Aye" Councilmembers Thompson, Kyle, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Saboe and Sherman absent. ADJOURNMENT Meeting was adjourned at 8:54 p.m. Minutes approved as submitted and/or corrected this the 13th day of June, A.D., 2011. ATTEST: ho, �,lr_+Ig Tom Reid I Mayor Page 8 of 8 — 5/23/2011