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2011-07-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 1 PEARLAND, TEXAS, HELD ON MONDAY, JULY 11, 2011, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:22 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager Deputy City Attorney City Secretary Tom Reid Ed Thompson Woody Owens Scott Sherman Susan Sherrouse Felicia Kyle Bill Eisen Nghiem Doan Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Matt Buchannan Economic Development Corporation President; Ian Clowes Planner I; Even Duvall Planner II; Judy Krajca Planning Department Office Coordinator. The invocation was given by Mayor Pro -Tem Thompson and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported June 29, he attended the Port Economic Alliance Board of Directors Meeting; June 30, attended the Pearland Economic Development Corporation Board of Directors Meeting; July 4, he was the Grand Marshal for the Bella Veta Parade, spoke at the Home Depot Veterans Event, and welcomed citizens to the City of Pearland July Fourth Event; July 7, attended the Pearland Chamber of Commerce Business After Hours Event; July 8, watched the Shuttle No. 135 lift off from the Johnson Space Center Mission Control Center; July 9, attended the Pearland Arts League Art Show. COUNCIL ACTIVITY REPORTS Councilmembers Owens and Thompson passed on giving a report. Page 1 of 11 — 7/11/2 01 1 Councilmember Sherman reported that June 28, 2011, he attended the Westside Library Joint Meeting with the City and Brazoria County. They received an update on the Westside annex and how the process will proceed forward. He also attended the Fourth of July Event, The Pearland Chamber of Commerce Business After Hours Event, and the Pearland Chamber of Commerce Business Before Breakfast Event. Councilmember Kyle stated she was notified that DCP Midstream is planning to build a seven -hundred mile pipeline through Texas. A very large significant of this would cut through the West Oaks Subdivision, soccer fields and the Dad's Club. The pipeline will be buried four feet beneath the surface of the ground and will carry natural gas liquid. The West Oaks Subdivision Homeowners' Association will be holding a meeting with DCP Midstream representatives in early August and she invites all residents in the community to attend. She also attended Fourth of July Event, the Pearland Chamber of Commerce Business After Hours Event, and the Pearland Chamber of Commerce Business Before Breakfast Event. She has the pleasure of serving on the Federal Agents Committee through the Greater Houston Partnership and will be taking a trip to Washington D.C. Thursday, July 14th and 15th to discuss several issues that affect our area. Councilmember Sherrouse stated she was elected June 25, 2011, and attended the June 27, 2011, Council Meeting. She has completed the process of transitioning from a Planning and Zoning Commissioner to a Councilmember and feels the Staff of this City is absolutely wonderful. Staff also did a wonderful job on the Fourth of July Event. She attended the Pearland Chamber of Commerce Business After Hours Event and will be attending the Newly Elected Officials Workshop. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Fourth of July Celebration was a great success and he thanked all Staff that was involved in the event. The fireworks show was the best he has seen in his since he has been with the City. CITIZENS Tim Daigle, 1209 Pine Field Ct., addressed Council and stated he is with the Pearland United Soccer Club and is present to discuss the Max Road Soccer Complex. In 2007 the City overwhelmingly approved a Bond Election to build these facilities in the Parks and Recreation Department. The players in the City have been suffering playing the current soccer fields available because of safety and security issues. He would much rather pay an increase in taxes than continue to play in the current conditions. The families also currently have to travel to other cities to play and they are spending their money in other cities because there is nowhere to play in Pearland. Building these facilities is a great opportunity to bring income to the City through tournaments. Page 2 of 11 — 7/11/2011 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 200OM-80 — 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 OF LAND CONTAINING 11.9337 ACRES OF LAND OR 519,832 SQUARE FEET, LOCATED IN THE JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS, SAID 11.9337 ACRE TRACT BEING OUT OF AND A PART OF A 36.166 ACRE TRACT OF RECORD IN THE NAME OF SHTIKIRBY, LTD. IN HARRIS COUNTY CLERK'S FILE (H,C.C.F.) NUMBER 20080049996, SAID 36.166 ACRE TRACT BEING OUT OF AND PART OF BLOCK "F" OF THE ALLISON-RICHEY GULF COAST HOMES SUBDIVISION OF RECORD IN VOLUME 3, PAGE 40 IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS. LOCATED AT THE NORTHWEST CORNER OF KIRBY DRIVE AND RILEY ROAD, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011- 08Z), A REQUEST OF SHTIKIRBY, LTD., A TEXAS LIMITED PARTNERSHIP, OWNER AND BOYD COMMERCIAL, LLC, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE SPECTRUM DISTRICT 1 (SP1) ZONE, TO 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. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1449 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVIEWING THE RATE INCREASE REQUEST OF CENTERPOINT ENERGY ENTER; DENYING THE REQUESTED INCREASE IN RATES; ORDERING THAT NO CHANGE IN RATES OCCUR; REQUIRING THE REIMBURSEMENT OF RATE CASE EXPENSES; ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED HERETO; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Darrin Coker, City Attorney. Page 3 of 11 — 7/11/2011 C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-77 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING THE BRAZORIA COUNTY TAX ASSESSOR — COLLECTOR, RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE AND ROLL BACK RATE FOR TAX YEAR 2011. Mr. Sill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Thompson, Kyle, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. 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. City Council. Page 4 of 11 — 7/11/2011 Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-78 on its second and final reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2011-04Z. City Manager Bill Eisen stated there were originally two zone change requests submitted for this property; however, only one is currently on this agenda. He would ask the City Attorney to explain the reasoning behind the other item not being placed on the agenda. Deputy City Attorney Nghiem Doan stated the original request was included a portion of the property to be zoned from Planned Development to General Business and the portion to be zoned from Planned Development to Residential -2. Those two requests were originally tabled and according to Roberts Rules of Order there is a time limit to how long an item can remain on the table and still be considered. The item for the zone change from Planned Development to Residential -2 will not be discussed because according to the rules, the item can no longer be removed from the table. Richard Golden, HEB Director of Real Estate, stated their organization would like to present Council with a plan that they believe is an acceptable compromise between what the City and HEB would like to achieve. Mr. Golden provided Council with an overview of the proposed plan for the HEB facility located at the intersection of Pearland Parkway and FM 518. Scott McCelland, HEB President, stated the relationship between the City of Pearland and HEB is a relatively good one. They are pleased with the results they have received from the store located at SH 288 and FM 518. The sales at that location have continued to grow. This proposed location of the new store would benefit the community and the region and is a great opportunity to increase the tax revenue in the City and bring more jobs. HEB has continued to be a good corporate citizen in the City of Pearland and when they say they will do something, they can be counted on to get it done. The City of Pearland can look at the company's track record and hopefully see that they are a corporation that can be trusted. Mayor Pro -Tem Thompson stated that the commitment from HEB to complete the project they have presented is good enough for him to support this zone change. Councilmember Sherman stated he originally did not support the trust factor of changing the zoning on this property based on statements; however, he is now convinced that HEB will do what they have committed to and it will be a great development for the City. Page 5 of 11 — 7/11/2011 Councilmember Sherrouse stated there has been a lot of speculation how she would vote on this item because she was one of the original Planning and Zoning Commissioners that voted against the zone change. The situation has changed from what it was ten months ago and she believes the compromise presented is a good one and she will support it. Councilmember Kyle stated though there has been heated debate regarding this zone change, the debate was never over whether Councilmembers wanted an HEB located on this property. She has spent a considerable amount of time considering the aspects, potential outcomes, and opportunities of what was being proposed. To demonstrate that she does have a high level of trust in HEB and believes that they will do what they have presented, and in the spirit of compromise, she will support the zone change. Councilmember Owens made the motion, seconded by Councilmember Sherman, to call to question. Councilmember Owens withdrew his motion to call to question. Discussion ensued between Council and Richard Golden, HEB Director of Real Estate. Councilmember Owens made the motion, seconded by Councilmember Sherman, to call to question. Voting "Aye" Owens, Sherman, Thompson, Kyle, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion. Voting "Aye" Owens, Sherman, Thompson, Kyle, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000CUP-52 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 4.7417 ACRE TRACT OF LAND, RESERVE "A" OF THE FINAL PLAT OF TWIN WOOD SUBDIVISION, BEING A PART OF A 25.839 ACRE TRACT OUT OF TRACTS 72, 77, 92, AND 93 OF THE ZYCHINSKI'S SUBDIVISION OF SECTION 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 233, AND BEING A PART OF TRACT 1 AND Page 6 of 11 — 7/11/2011 TRACT 2, AS RECORDED IN VOLUME 1437, PAGE 505, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS LOCATED AT 1255 OLD ALVIN ROAD, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-08), TO ALLOW THE OPERATION OF A CHURCH, IN THE SINGLE-FAMILY RESIDENTIAL -1 (R-1) DISTRICT AND SINGLE- FAMILY RESIDENTIAL -2 (R-2) AT THE REQUEST OF THE CHURCH FOR ALL PEOPLE, APPLICANT AND OWNER, 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 Thompson made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000CUP-52 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 2011-08. City Manager Bill Eisen stated this is a request for a Conditional Use Permit which would allow for the construction of a church on Old Alvin Road immediately south of the Twin Woods Subdivision. Voting "Aye" Sherrouse, Kyle, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-70. City Manager Bill Eisen stated this item is a request for the Council to approve an annual engagement letter with Null-Lairson, P.C. The firm has been the auditors for the City for the past five years and the fee is the same what was charged in the previous year. This item was previously presented and was postponed for further review. Councilmember Kyle stated the item was postponed because she had concerns regarding the audit questionnaire Councilmembers are required to complete annually. She has asked for clarification regarding these questions and has not received adequate information. She requested the postponement of this item to allow Councilmembers to receive information that clarifies the question presented in the questionnaire. Page 7 of 11 -- 7/11 /201 1 Voting "Aye" Sherrouse, Kyle, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000, FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENTS RELATING TO SUCH SERIES OF CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-78. City Manager Bill Eisen stated when the Pearland Town Center was constructed, the Developer was asked to extend Kirby Drive down to CR 59. The project was not required by the traffic impact analysis, and the City entered into a contract with the Developer for the project to be constructed utilizing sales flax proceeds received from the shopping center which would be paid back by the City over a period of time. Staff is proposing that the City issue certificates of obligation to pay the outstanding amount in full and lower the interest rate on the amount of debt. Voting "Aye" Owens, Sherman, Thompson, Kyle, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. x FIRST READING OF ORDINANCE NO. 1448 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DELETING CHAPTER 21 Y2, PARKLAND DEDICATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, IN ITS ENTIRETY; AND TO ADOPT A NEW CHAPTER 21 1/a, TO BE ENTITLED PARKS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1448 on its first reading. Page 8 of 11 — 7/11/2011 ( City Manager Bill Eisen stated this item is an amendment to an existing overall Park i Ordinance. The modifications include removing some parts of that code that are found elsewhere in the Unified Development Code and adding new provisions that apply to the Parks and Recreation Department as it exists today. Mayor Pro -Tem Thompson asked for clarification on Section 23 1/2 - 2 in regards to the language new residential development shall comply with Division 10 of Article 2 of Chapter 3 of the Unified Development Code. City Manager Bill Eisen stated this language specifically refers to that requirement of new residential developments within the City to dedicate either a certain amount of land per residential unit or a specified sum of money that is placed in the park fund. Director of Parks and Recreation Michelle Smith stated the original Ordinance only related to the parks dedication and the language was removed from this Ordinance because it exists in the Unified Development Code. Mayor Pro -Tem Thompson stated on page three where it says permit required it refers to large animals however the cross reference is to the section that refers to the operation vehicles in the park. He believes this may be a mistake that needs to be corrected. Councilmember Kyle stated for the purpose of clarity, she recommends the language of Section 21 '/2-2(a) read "the prior creation of the Parks and Recreation Department of the City of Pearland is hereby acknowledged and ratified." Councilmember Owens made the motion, seconded by Councilmember Sherman, to amend Ordinance No. 1448 to change the language in Section 21 1/2-2(a) to read "the prior creation of the Parks and Recreation Department of the City of Pearland is hereby acknowledged and ratified" and to replace the reference to Section 21 1/2-26 in 21 °/2- 11(a)(5) to reference Section 21 '/2-27. Voting "Aye" Sherrouse, Kyle, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Sherrouse, Kyle, Thompson, Sherman, and Owens. Voting "No" None. Page 9 of 11 — 7/11/2011 Motion Passed 5 to 0. Mayor Reid recessed the Regular Meeting at 9:35 p.m.to complete the previously held Workshop. Mayor Reid called the meeting back to order at 9:44 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:45 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 10:15 p.m. COUNCIL ACTION — RESOLUTION NO. R2011-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A LOAN AGREEMENT BETWEEN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION AND MERIT MEDICAL SYSTEM, INC. Mr. Matt Buchanan, Pearland Economic Development Corporation President. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2011-80. Voting "Aye" Owens, Sherman, Thompson, Kyle, and Sherrouse. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION --- RESOLUTION NO. R2011-79 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH MERIT MEDICAL SYSTEM, INC. Mr. Matt Buchanan, Pearland Economic Development Corporation President. Page 10 of 11 — 7/11/2011 Councilmember Sherman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-79 as amended in Executive Session. Voting "Aye" Sherrouse, Kyle, Thompson, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:17 p.m. Minutes approved as submitted and/or corrected this the 25th day of July, A.D., 2011. ATTEST: Yo g I_orfi IRWIIf Ci y ecre Tom Reid Mayor Page 11 of 11 — 7/11/2011