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2012-02-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES MEETING OF THE CITY COUNCIL OF THE CITY OF REGULAR MONDAY, i COUNCILPEARLAND, TEXAS, HELD ON CHAMBERS, HALL, • LIBERTY DRIVE, 1 Mayor Reid called the meeting to order at 7:44 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Susan Sherrouse Councilmember Felicia Harris Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing 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; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Andrea Broughton, Interim City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Harold Ellis Senior Planner, Danny Cameron Public Works Director; Sparkle Anderson Public Affairs Director. The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by Jordan Barthelme, Troop 486. Mayor Reid presented a Proclamation proclaiming "IHop National Pancake Day- Pearland East" Mayor Reid Presented a Proclamation proclaiming "IHop National Pancake Day- Pearland West" MAYOR'S ACTIVITY REPORT: Mayor Reid reported January 25, attended the Pearland Economic Development Corporation Board of Directors, January 26, attended BAYTRAN Board of Directors Meeting, joined the Pearland Chamber of Commerce Annual Dinner and Awards Banquet, January 27, attended the Transportation Policy Council Board of Directors meeting, joined the Metro meeting with City Manager, Bill Eisen, Assistant City Manager, Jon Branson, Houston -Galveston Area Council Board of Directors Meeting, January 28, attended the Winter Fest Parks and Recreation Event, January 30, attended the City Council Workshop and Special Page 1 of 15 — 2/1312012 Meeting, January 31, attended the Employee of the Quarter Luncheon with City Manager Bill Eisen, February 2, attended the Pearland/Alvin/Friendswood Quarterly Realtor Luncheon, February 4, attended the Pearland Arts League Corks & Canvas, Fire Department Annual Meeting and Awards Banquet, February 6, attended the City Council Regular Meeting, February 7, attended the Federal Reserve Bank Event with Matt Buchanan, President of The Pearland Economic Development Corporation, February 8, attended the Pearland Chamber of Commerce Ribbon Cutting — Harbor Freight Tools, Adult Reading Center Board of Directors, Alvin Community College Pearland Campus with City Manager Bill Eisen, and Assistant City Manager Jon Branson, February 9, attended the South Belt Ellington Chamber Annual Meeting and Awards Banquet, February 13, attended the County Tax Abatement Review Committee, joined the Audit Committee. Councilmember Owens reported he attended the Northern Brazoria County Education Alliance, CEO Round Table. Councilmember Sherrouse reported she attended the Pearland Chamber of Commerce Banquet, February 1, attended the Destination Marketing meeting at the Chamber of Commerce, also attended the Fire Department Awards Banquet, attended the C. F. Spencer Masonic Lodge and will attend the Audit Committee meeting tonight. Councilmember Sherman reported he attended the Pearland Chamber of Commerce Annual Banquet in which he was the Master of Ceremonies, attended the CVB Task Force meeting, January 25, attended the Alvin Community College to speak to the students, February 6, filed for re-election for place on the Ballot Position No. 2. Councilmember Harris stated she is currently a candidate for Congressional District No. 14, currently held by Congressman Ron Paul. Attended the Business Round Table, in Lake Jackson, participated in several forums in Brazoria County, Angleton, and Brazos Port Republican Women, Brazos Port Angleton Chamber of Commerce, attended the Port Bureau Luncheon, and attended the Galveston A&M Club. Councilmember Hill stated he attended the Pearland Chamber of Commerce Banquet, attended the C.F. Masonic Lodge, met with City Manager Bill Eisen, and received a tour of the City and introduced him to all the Department Heads, attended the YMCA Partner Campaign -kickoff, attended the Annual Pearland Fire Banquet, made an brief appearance at the Shri Lankan Association Dance presentation. Page 2 of 15 -- 2/13/2012 CITY MANAGER'S REPORT City Manager Bill Eisen reported on the Fire Departments Banquet and stated it is a time of recognition of a combination of full-time paid, part-time paid, and volunteer personnel. He extended his appreciation to not only the award recipients but to all that contributed to the City through the Fire Department. He also stated he met with the President of Metro and two of his key staff members regarding the Park and Ride which has been in the works for some time now. He stated the land is now bought and being designed. The completed and opening date is expected to be the end of 2013. Mr. Eisen stated during this opportunity to meet with the President and other key staff members, other issues discussed were the potential for Commuter Rail at Kirby corner, and a possible traffic circulator which have been a great concern to Council and the citizens of the community. This is something Metro will be taking a look at and get back to us with cost and figures. Mayor Reid recognized all Candidates running for office. Tammy Dexter stated she is running for City Council Position No. 4. CITIZENS Ms. Vinnie Taylor, 12503 Stoney Creek Drive, stated she has had a problem with standing water for about five years now. The standing water on her street remains there day and night. She stated she pays her city taxes, her Home Owner's Association dues and feels like she needs the City to help with this ongoing problem. Mr. Larry Marcott, 3606 Inverness Court, addressed Council and stated when he was on Council a number of years ago efforts were made to correct a traffic problem. This past week on Westfield the cars were backed up and he saw that the roads are narrow and feel that it is a potential hazard for emergency vehicles to get through. He stated the City needs to look into to that to insure that the traffic does not interfere with somebody's life. Ms. Nancy Kozanecki 3705 Pine Branch Drive addressed Council and gave an update on Operation Paperback. She stated, so far they have collected 1,400 books and have sent out over 65 shipments of books to the troops. She appreciates the passing of that resolution last month and presented the City with a certificate of appreciation for allowing the collection of a drop box and for supporting the efforts. Mr. Billy and Denise Kutta, 5233 Magnolia Street, addressed Council and stated that they have a drainage problem. His neighbor has a detention pond that is like a lake and all the water is being trapped on their property. Page 3 of 15 — 2/13/2012 A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the December 5, 2011, Special Meeting held at 7:00 p.m. 2. Minutes of the January 9, 2012, Regular Meeting held at 6:00 p.m. 3. Minutes of the January 16, 2012, Special Meeting held at 6:00 p.m. B. CONSIDERATION ' POSSIBLE ' # REGARDING# • NO. 1 ' RESOLUTION OF * PEARLAND, TEXAS, AWARDING A BID FOR MECHANICAL SERVICES. Bill Eisen, City Manager. .- C. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2011. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING EASEMENTS TO ETC NGL TRANSPORT, LLC. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH SANITARY SEWER REHABILITATION. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN EASEMENT BELONGING TO KINDER MORGAN CRUDE AND CONDENSATE, LLC. Mr. Darrin Coker, City Attorney. Page 4 of 15 — 2/1312012 Mayor Pro -Tem Sherman asked that Consent Agenda item F be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Harris, to adopt Consent Agenda Items A through F as with the exception of item F as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Mayor Pro -Tem Sherman, Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN EASEMENT BELONGING TO KINDER MORGAN CRUDE AND CONDENSATE, LLC. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherrouse, to approve Resolution R2012-23. City Manager Bill Eisen ask City Attorney Darrin Coker to comment on this item. City Attorney Darrin Coker stated this is a request by Kinder Morgan to amend and existing natural gas pipeline easement. They are not asking to expand the easement, or to replace the line. Kinder Morgan has requested an amendment to the easement to allow for the transport of crude products as well as natural gas. Mayor Pro -Tem Sherman asked for clarification on the hydro -testing of the line requirements and on how Kinder Morgan was going to be bind to that process. City Attorney Darrin Coker stated that the requirement for the hydro -testing is being required by state law. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Page 5 of 15 — 2/13/2012 NEW BUSINESS: FIRST READING OF ORDINANCE NO. 200OM-83 — 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 BOUNDARY SURVEY 188'X 523.9', WEST '/2 OF LOT 48, ALLISON RICHEY GULF COAST HOME COMPANY SURVEY, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS. (LOCATED AT 8013 W. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE 2012-01Z, A REQUEST OF SHERRY L. STOCKWELL-TARRER, APPLICANT, ON BEHALF OF EMIL J. HRBACEK, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE-FAMILY RESIDENTIAL -1 (R-1) 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. Councilmember Sherrouse made the motion, seconded by Counciimember Sherman, to approve Ordinance No. 2000M-83 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2012-1Z. City Manager Bill Eisen stated this is a piece of property located on the 8000 Block of Broadway. Currently used as a residential property zoned residential property. The resident has requested a zone change to a general business in order to market the property as commercial property. Both City staff, and the Planning and Zoning Commission have recommended approval of this request. Mayor Reid read into the record the communication from the Planning and Zoning Commission as part of a submittal to this request. On January 16, 2012 they considered this request after considerable discussion, a motion was made to approve this zone change, and it passed by a vote of 6 to 0. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris and Hill. Voting "No" None. Page 6 of 15 -- 2/13/2012 FIRST READING OF ORDINANCE NO. 200OM-84 — 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 20.992 ACRE TRACT IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 70 IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. SAID 20.992 IS A PART OF A 36.685 ACRE TRACT DESCRIBED IN A DEED TO T & R REALTY INVESTMENT, LLC AS RECORDED IN CLERK'S FILE NO. 2011028636. (LOCATED AT 2411 E. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE 2012-02Z, A REQUEST OF J. KENT MARSH, APPLICANT, ON BEHALF OF TOM ALEXANDER, JR., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL BUSINESS (GB) ZONE, TO SINGLE-FAMILY RESIDENTIAL -3 (R-3) 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 Owens, to approve Ordinance No. 2000M-84 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2012-2Z. City Manager Bill Eisen stated this property is on the north side of Broadway just east of the Liberty Drive intersection. The request is to change the zoning on approximately 21 acres of a total of 36 acre track. The property in which the zone change is being requested is the rear portion of the property. The request is to change from general business to single family residential which will allow construction of a single family home. Voting "Aye" Councilmembers Hill, Harris, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-85 — 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 HOUSTON MEMORIAL GARDENS CEMETERY SECTIONS 34, 35, 36, 37, 38, 39, 40, A PERPETUAL CARE CEMETERY CONTAINING 9.982 ACRES AND BEING A PARTIAL REPLAT THE AMENDED PLAT OF PARADISE CEMETERY SOUTH, VOLUME 16, PAGE 275-276, B.C.P.R. AND BEING IN LOT 28, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, VOL 20, PG. 67-68, P.R.B.C. OUT OF THE H.T. & B.R.R. CO. SURVEY, SEC. 19, A-243 BRAZORIA COUNTY, TEXAS; FINAL PLAT OF HOUSTON MEMORIAL GARDENS CEMETERY, A 20.0737 ACRE TRACT OF LAND BEING LOTS 13 AND 29, AND PART OF LOT 12, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, AND BEING SITUATED IN THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS; BOUNDARY SURVEY OF A 8.434 ACRE TRACT OUT OF SECTION 19, H.T. & B.R.R. SURVEY, A-243, BRAZORIA COUNTY, TEXAS; PARTIAL REPLAT OF HOUSTON MEMORIAL GARDEN CEMETERY, BEING A 57.231 ACRE TRACT OF LAND, ALL OF TRACTS 41, 42, 55, 56, 57, & 58 IN THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE(S) 24, OF THE BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE H.T. & B. COMPANY SURVEY, SECTION 20, ABSTRACT NO. 506 IN BRAZORIA COUNTY, TEXAS; BOUNDARY SURVEY OF A 19.97 ACRE TRACT OUT OF SECTION 19, H T & B RR SURVEY, A-243, BRAZORIA COUNTY, TEXAS; LOT 44 (10 AC) OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; THE NORTH Y2 OF LOT 28 (5AC) OF ALLISON RICHEY SUBDIVISION OUT OF SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; A0506 H T & B R R CO SURVEY, TRACT 54A1, F B DRAKE, 3.000 ACRES. (LOCATED AT 2426 CULLEN, PEARLAND, TEXAS), ZONE CHANGE 2012-03Z, A REQUEST OF LOUIS C. MCKINNEY, APPLICANT, ON BEHALF OF JANICE AND BONNIE HOWARD, OWNERS, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD), GENERAL BUSINESS (GB), CULLEN MIXED-USE (C/MU), SINGLE-FAMILY RESIDENTIAL -3 (R-3) AND SUBURBAN RESIDENTIAL -12 (SR -12) ZONE(S) 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. Councilmember Harris made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-85 on its first reading, Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2012-3Z. Page 8 of 15 - 2/13/2012 City Manager Bill Eisen stated this relates to a large track of land owned by Houston Memorial Gardens. The request is to change the zoning to the entire track of land in such a way that it would all have the same zoning. The City staff and the Planning and Zoning Commission have suggested approval placing a condition on the recommendation on the approval which related to the maximum height of any structures that can be located on the property. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000CUP-55 -- A — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A PLAT OF SURVEY OF A 0.6984 ACRE TRACT BEING A PART OF LOT "A" OF WESTGATE PARK A SUBDIVISION OF 9.575 ACRES OF LAND OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19 OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 16, PAGE 320, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7900 BLOCK OF BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-12 TO ALLOW FOR THE OPERATION OF A MINOR AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF ESTEBAN V. RODRIGUEZ, OWNER AND APPLICANT, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Hill made the motion, seconded by Councilmember Harris, to approve Ordinance No. 2000CUP-55 on its first reading. Mayor Reid read the communication from the Planning and Zoning Commission from the Regular Meeting on January 16, 2012, which addressed and approved the conditional use permit with the following conditions the property should be developed in accordance to the site plan submitted and the Unified Development Code. The existing billboard should be brought into full compliance with the United Development Code and the applicant shall complete construction or remove the building at 6830 Broadway prior to the Certificate of Occupancy being issued to the facility at 7929 Broadway. City Manager Bill Eisen stated a Conditional Use Permit is required for the zoning district for an auto repair location. Mr. Larry Marcott, 3606 Inverness Court, addressed Council and stated that he opposed this item and that he understood the billboard was in violation of City Ordinance. Mr. Marcott stated the foundation at 6830 Broadway left behind from a previous building should be torn down and removed. Mr. Eisen reported that Mr. Rodriguez had provided Council with communication regarding his concern to the condition placed on the zoning related to the billboard. Mayor Pro -Tem Sherman asked procedurally how the billboard could be removed even though he may not be in favor of it. City Attorney Darrin Coker stated that the billboard would be a nonconforming use. Mayor Pro -Tem Sherman asked if there is a way staff can confirm that the billboard was constructed in 1994. City Manager Bill Eisen stated that he does not know of a way. Councilmember Harris stated she wanted to know, if the applicant is the owner of the billboard. Mayor Pro -Tem Sherman stated he does derive some income of this billboard. Mayor Reid asked Mr. Rodriguez if he planned to use this billboard for advertisement on the side. Mr. Esteban Rodriguez addressed Council and stated one side he plans to use for the business and plans to lease the other side. He stated that when he demolished the building at 6830 Broadway, and requested the permit he was told he did not have to remove the foundation. Councilmember Harris asked Mr. Rodriguez if there were going to be any bays facing Broadway. Mr. Rodriguez responded that the building has been redesigned with no bays facing Broadway and further stated that he has no plans to do anything with the foundation. Page 10 of 15 — 2/13/2012 Councilmember Hill asked Mr. Rodriguez if he was operating a business where the foundation is located. Mr. Rodriguez stated that his current business is at another location. Councilmember Harris asked Mr. Rodriguez if he is currently doing business at 6830 Broadway. Councilmember Hill asked Mr. Rodriguez if he chose to advertise prior to requesting permission. Mr. Rodriguez stated, yes, that is correct. Mayor Pro -Tem Sherman stated Council has never given guidance to Planning and Zoning to remove billboards in the City. Councilmember Harris stated that counsel has been given on how to advertise their business on site, since the City requires a certain type of advertising that is not billboards. Discussion ensued between City Attorney Darrin Coker and City Council. Mayor Pro -Tem Sherman made the motion to amend the motion seconded by Councilmember Harris, to keep all the existing conditions except the existing billboard being brought into full compliance with the Unified Development Code. Voting "Aye" Councilmembers Hill, Harris, and Sherman. Voting "No" None Councilmembers Sherrouse and Owens. zm•�-- *• 41 Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Sherman, Harris, and Hill. Voting "No" None Councilmembers Owens and Sherrouse. Motion Passed 3 to 2. Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to make a recommendation to reconsider the original recommendation of the Planning and Zoning Commission as far as Zone Change Application Number 2012-02Z. Page 11 of 15 — 2/13/2012 Councilmember Harris asked Mr. Rodriguez if he understands that if this item is approved he will have to remove the billboard. Mr. Esteban Rodriguez stated he understands that he will be required to remove the billboard. City Attorney Darrin Coker further explained to Mr. Rodriguez that if Council approves the motion the billboard will need to be removed. Mr. Rodriguez stated he understood. Councilmember Harris stated that Mr. Rodriguez acknowledges that he understands the consequences on the action being taken tonight on the vote on the motion. Voting "Aye" Hill, Harris, Sherrouse, and Owens. Voting "No" Councilmember Sherman. Motion Passed 4 to 1. COUNCIL ACTION — REGARDING RESOLUTION NO. R2012-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH KS MANAGEMENT. Mr. Matt Buchanan, President, Economic Development Corporation. Councilmember Owens made the motion, seconded by Councilmember Sherman to approve RESOLUTION NO. R2012-16. City Manager Bill Eisen stated that recently both Pearland Economic Development Board and City Council approve some incentive agreements with regards to the location of a Kelsey Seybold Headquarters to the City. Those agreements included specific performance dates. The company has been working diligently towards having the facility open on schedule. He stated that a couple of unforeseen things have happened with regards to the project moving ahead. Such as a redesign of the facility to add more jobs and the second resulted in the bids came in higher than anticipated. The Pearland Economic Board of Directors has considered the performance agreement they have with Kelsey Seybold and has approved the 60 days extension to the deadlines. At this time Council is being asked to approve the amendments to the Pearland Economic Development Corporation agreements as approved by the Board of Directors and the Section on Chapter 380 agreements and to extend the dates by 60 days. Voting "Aye" Owens, Sherrouse, Sherman, Harris, and Hill. Page 12 of 15 — 2/13/2012 COUNCIL ACTION — REGARDING RESOLUTION NO. R2012-20 — 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 WITH MHI PARTNERSHIP, LTD. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-20. City Manager Bill Eisen stated this is a an extension of a development agreement from several years back in Municipal Utility District No. 16 which is located on the north side of Broadway, Avalon Terrace and properties immediately to the north of it. The agreements specifies in some more detail the process by which the two parties jointly share in the construction of the extension of Hughes Ranch Road and establishes conditions in which the developer in this area can utilize capacity in the detention pond in exchange for the City to be able to move some of the dirt from the future detention pond. Voting "Aye" Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1459 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (DIXIE FARM ROAD), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Harris, to approve Ordinance No. 1459 on its first and only reading. City Manager Bill Eisen stated this Ordinance will set speed limits for the section of Beamer to Highway 35. The speed limits will vary from 40 to 50 miles per hour depending on the segments. One segment of the study that was done from Page 13 of 15 — 2/13/2012 Beamer to Clear Creek is not in the City limits. The ordinance will have to reflect that the City does not have the authority to set speed limits there. However, the speed limit there is already consistent with the results of the study and is already at 50 miles per hour. Voting "Aye" Councilmember Hill, Harris, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO.1460 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (MAGNOLIA ROAD), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1460 on its first and only reading. City Manager Bill Eisen stated this item was previously on the Council Agenda. The Council requested that staff contact the original Communication Committee that worked with the City during the original design of the Magnolia extension and widening. Mr. Eisen continued to say that seemed to be a challenge and only one person was able to attend indicated that he did not object to the recommendations being proposed this evening. Mr. Eisen continued to give a brief detail of the recommendation of the engineering speed study. Mayor Pro -Tem Sherman thanked Mr. Eisen and Staff for checking with the original Communication Committee. He stated that it was the appropriate thing to do since the City has an agreement in place with them regarding the speed limits. Voting "Aye" Councilmembers Owens, Sherrouse, Harris, Sherman, and Hill. Voting "No" None. Motion Passed 5 to 0. Page 14 of 15 — 2/13/2012 10IRM-.97:111FIal,71NM Council adjourned into into Executive session under Texas Government Code at 9:16 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:49 p.m. .1 WAI Councilmember Sherrouse made a motion second by Mayor Pro -Tern Sherman to appoint Tony Carbone to tor serve on Board in Position No. 3, for a 2 year 2013. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:50 p.m. the Development Authority of Pearland unexpired term expiring September 30, Minutes approved as submitted and/or corrected this the 26th day of March, A.D., 2012. ATTEST: WJ Y 'Au�g LOYI(ir, TFk'Mjf Secrelary Wt "72�-k Tom Reid Mayor Page 15 of 15 — 2/13/2012