2012-09-24 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 24, 2012, 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 Torn Reid
Mayor Pro-Tern Susan Sherrouse
Councilmember Woody Owens
Councilmember Scott Sherman
Councilmember Keith Ordeneaux
City Manager Bill Eisen
Deputy City Attorney Nghiem Doan
City Secretary Young Lorfing
Absent: Councilmember Greg Hill.
Others in attendance: Jon Branson Assistant City Manager; Daniel Baum EMS Director;
Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police
Chief; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge
Assistant City Manager; Lata Krishnarao Director of Community Development; Vance
Riley Director of Fire Services; Rick Overgaard Assistant Finance Director; Skipper
Jones Assistant Director of Capital Projects; Robert Pennington Budget Coordinator.
The invocation was given by Mayor Pro-Tem Sherrouse and the Pledge of Allegiance
was led by Charles Doss Troop 468.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported on September 18, he attended the Houston Galveston Area Council
Board of Director's Meeting, he attended the Library Presentation of Apollo 13 Moon
Flight; September 19, he attended the Brazoria County Transportation and Infrastructure
Summit; September 20 — 21 he attended the Annual Meeting of Texas Association of
Regional Councils which is the Houston Galveston Area Council State Parent
Organization; September 21, he attended the Keep Pearland Beautiful Tree Planting at
the YMCA Community Garden.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported on September 18, he attended the Brazoria County
Page 1 of 11 — 9/24/2012
Transportation and Infrastructure Summit; September 19, he played golf in the Pearland
Chamber of Commerce Golf Tournament, he stated the Chamber of Commerce did an
excellent job; he stated on September 27, TxDOT Transportation Commissioners will be
meeting in the Woodlands. From this meeting the City will learn who will be selected to
do the Grand Parkway and Ned Holms will be honored as one of our past
Commissioners.
Councilmember Sherman passed on giving a report.
Mayor Pro-Tern Sherrouse reported on September 18, she attended the Brazoria County
Transportation and Infrastructure Summit; September 20, she attended the Pearland
Police Academy; September 21, she attended the Keep Pearland Beautiful Tree Planting
at YMCA Community Garden; September 22, she attended the Keep Pearland Beautiful
Annual Board Retreat and Planning Session; she stated on October 12, will be the Keep
Pearland Beautiful Annual Fall Plant Time Luncheon.
Councilmember Ordeneaux reported on September 18, he attended the Brazoria County
Transportation and Infrastructure Summit; September 19, he played golf in the Pearland
Chamber of Commerce Golf Tournament.
Councilmember Hill was absent.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported he was a presenter at the Brazoria County
Transportation and Infrastructure Summit. As a result of the presentations at the
Transportation and Infrastructure Summit you could see the diversity of the communities
and entities within the County. The panel discussion described the effects of the drought
last year on Municipalities and reflecting the diversity of the County.
CITIZENS:
Neil West, 2218 Country Club Drive, addressed Council and stated Center Point has
installed light poles that are the ugliest things you have ever seen. A safety hazard was
created by putting the light poles a foot from the pavement on the street. Because of the
safety hazard it needs to be corrected.
DOCKETED PUBLIC HEARING: None.
Page 2 of 11 — 9/24/2012
CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE
ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL.
THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A
COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH
EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT
AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF
LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the August 13, 2012, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-87 — 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 17.7063 ACRE (771,287 SQUARE FEET) TRACT OF LAND
OUT OF THE R. T. BLACKBURN SURVEY, ABSTRACT 160, HARRIS
COUNTY, TEXAS; AND BEING OUT OF AND A PORTION OF LOT 22
AND LOT 30 OF THE ORCHARD RIDGE ADDITION TO ALMEDA AS
RECORDED BY PLAT FILED IN VOLUME 64, PAGE 7 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS; AND BEING ALL OF AND
THE SAME AS THE CERTAIN CALLED 7.410 ACRE TRACT OF
LAND AND ALL OF AND THE SAME AS THE CERTAIN CALLED
0.400 ACRE TRACT OF LAND, BOTH AS CONVEYED TO CSBWMD
ALL TERRAIN VEHICLES, INC., IN WARRANTY DEED DATED
SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327774
OF THE CLERK'S FILES OF HARRIS COUNTY, TEXAS; AND BEING
ALL OF THE SAME AS THAT CERTAIN CALLED 9.896 ACRE TRACT
OF LAND AS CONVEYED TO CSBWMD ALL TERRAIN VEHICLES,
INC., IN WARRANTY DEED DATED SEPTEMBER 18, 1989, AS
RECORDED IN FILE NUMBER M-327773 OF THE CLERK'S FILES
OF HARRIS COUNTY, TEXAS. (LOCATED AT 322 RILEY ROAD,
PEARLAND, TEXAS), ZONE CHANGE 2012-05Z, A REQUEST OF
DANIEL FRAYNE, APPLICANT, ON BEHALF OF JDI VENTURES,
INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
Page 3 of 11 — 9/24/2012
SPECTRUM DISTRICT (DISTRICT S5) (SP5) ZONE TO THE LIGHT
INDUSTRIAL (M-1) 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.
Ms. Lata Krishnarao, Director of Community Development.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-88 — 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
A SURVEY OF TWO TRACTS OF LAND BEING A 101.1405 ACRE
TRACT OUT OF LOTS 64 & 74 OF THE W. ZYCHLINSKI
SUBDIVISION LOCATED IN SECTION 2 OF THE H. T. & B. R. R. CO.
SURVEY, A-542 AND OUT OF LOTS 70, 75, & 79 OF THE W.
ZYCHLINSKI SUBDIVISION LOCATED IN SECTION 3 OF THE H. T. &
B. R. R. CO. SURVEY, A-232 AND A TRACT OF LAND BEING A 2.500
ACRE TRACT OUT OF LOT 64 OF THE W. ZYCHLINSKI
SUBDIVISION LOCATED IN SECTION 2 OF THE H. T. & B. R. R. CO.
SURVEY, A-542, BRAZORIA COUNTY, TEXAS. (LOCATED AT 1310
N. MAIN, PEARLAND, TEXAS), ZONE CHANGE 2012-06Z, A
REQUEST OF SOUTH PARK FUNERAL HOME, OWNER AND
APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE
LIGHT INDUSTRIAL (M-1) ZONE TO THE GENERAL COMMERCIAL
(GC) 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.
Ms. Lata Krishnarao, Director of Community Development.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1467 — AN APPROPRIATION
ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2012 AND ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
ENDING SEPTEMBER 30, 2013, AND PAY PLANS FOR FISCAL YEAR
2013. Mr. Bill Eisen, City Manager.
Page 4 of 11 — 9/24/2012
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1468 — AN ORDINANCE ADOPTING
A TAX RATE OF $0.7051 AND LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND
SINKING FUND OF THE TAXABLE YEAR 2012.
Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1358-8 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
NON-DEVELOPMENT USAGE AND SERVICE FEES (UTILITY
BILLING FEES FOR CUSTOMERS OUTSIDE THE CITY LIMITS);
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1023-3 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
DEVELOPMENT AND PERMIT FEES; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1210-2012 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-
1.1, ENTITLED LOCAL AMENDMENTS; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Mike Ingalsbe, Building Official.
Mayor Reid asked that Consent Agenda Items B and E be removed from the Consent
Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through H with the exception of Items B and E, as
Page 5 of 11 — 9/24/2012
presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Mayor Reid Consent Agenda Item B was removed for further
discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-87 — 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 17.7063 ACRE (771,287 SQUARE FEET) TRACT OF LAND
OUT OF THE R. T. BLACKBURN SURVEY, ABSTRACT 160, HARRIS
COUNTY, TEXAS; AND BEING OUT OF AND A PORTION OF LOT 22
AND LOT 30 OF THE ORCHARD RIDGE ADDITION TO ALMEDA AS
RECORDED BY PLAT FILED IN VOLUME 64, PAGE 7 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS; AND BEING ALL OF AND
THE SAME AS THE CERTAIN CALLED 7.410 ACRE TRACT OF
LAND AND ALL OF AND THE SAME AS THE CERTAIN CALLED
0.400 ACRE TRACT OF LAND, BOTH AS CONVEYED TO CSBWMD
ALL TERRAIN VEHICLES, INC., IN WARRANTY DEED DATED
SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327774
OF THE CLERK'S FILES OF HARRIS COUNTY, TEXAS; AND BEING
ALL OF THE SAME AS THAT CERTAIN CALLED 9.896 ACRE TRACT
OF LAND AS CONVEYED TO CSBWMD ALL TERRAIN VEHICLES,
INC., IN WARRANTY DEED DATED SEPTEMBER 18, 1989, AS
RECORDED IN FILE NUMBER M-327773 OF THE CLERK'S FILES
OF HARRIS COUNTY, TEXAS. (LOCATED AT 322 RILEY ROAD,
PEARLAND, TEXAS), ZONE CHANGE 2012-05Z, A REQUEST OF
DANIEL FRAYNE, APPLICANT, ON BEHALF OF JDI VENTURES,
INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
SPECTRUM DISTRICT (DISTRICT S5) (SP5) ZONE TO THE LIGHT
INDUSTRIAL (M-1) ZONE, PROVIDING FOR AN AMENDMENT OF
Page 6 of 11 — 9/24/2012
THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Ms. Lata Krishnarao, Director of Community Development.
Matt Buchanan, President of Economic Development Corporation reported at the regular
meeting of the Planning and Zoning Commission on September 19, 2011, there was
discussion regarding the condition of existing improvements on the property. The
approval of a zone change may not necessarily change improvements that would be
required to redevelop the site, annexation history, and initial zoning of the property. The
options of the applicant requesting a Special Exception from the Zoning Board of
Adjustment to operate a nonconforming use on the property, the process and timeframe,
as well as the Boards ability to approve a Special Exception with conditions of approval
which could potentially change the development requirements.
Patrick Mahoney, 17171 Park Row, addressed Council and stated he is Council for JDI
Ventures, Inc. He is requesting the M-1 zone change for the land not the building. Once
the M-1 is approved the building issues can be addressed. Until the M-1 zone change is
approved no one, not even JDI Ventures will put money into the property or rent the
building. JDI Ventures needs the M-1 zone change before the building can be put back
into use, before we can have a tax base and before the City can tax it. Until the M-1 zone
change is approved it is an eye sore for the City and a problem for JDI Ventures.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux to
postpone action on Ordinance No. 2000M-87 until the next Regular Council Meeting.
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
As requested by Mayor Reid Consent Agenda Item E was removed for further
discussion.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1468 — AN ORDINANCE ADOPTING A
TAX RATE OF $0.7051 AND LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUND OF THE TAXABLE YEAR 2012. Mr. Bill Eisen, City Manager.
Page 7 of 11 — 9/24/2012
Councilmember Owens made the motion, seconded by Councilmember Sherman to
approve Consent Item E, Ordinance No. 1468 on its Second and Final Reading of a tax
increase over the effective tax rate of 4.73% to the tax rate of $0.7051 as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2012-134 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) 2013-2017.
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse to
approve Resolution No. R2012-134.
City Manager Bill Eisen reported Council is being asked to approve the Five-Year Capital
Improvement Program 2013 through 2017.
Discussion ensued between Councilmembers and City Manager Bill Eisen regarding this
document is a planning document and is subject to change.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
COUNCIL ACTION — RESOLUTION NO. R2012-133 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON
AREA COUNCIL (HGAC) FOR THE PURCHASE OF A FIRE PUMPER TRUCK.
Mr. Bill Eisen, City Manager.
Page 8 of 11 — 9/24/2012
Mayor Pro-Tern Sherrouse made the motion, seconded by Councilmember Sherman to
approve Resolution No. R2012-133.
City Manager Bill Eisen reported Council is being asked to approve the purchase of one
Spartan ERV pumper truck from Metro Fire Apparatus Specialists, Inc. in the amount of
$523,640.
Discussion ensued between Councilmembers, City Manager Bill Eisen and Shift
Commander Mark Campise regarding the cost amount of the pumper truck.
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
COUNCIL ACTION — RESOLUTION NO. R2012-135 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE
UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT.
Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Owens to
approve Resolution No. R2012-135.
City Manager Bill Eisen reported Council is being asked to approve the write-off of
$96,253.14 outstanding utility accounts from fiscal year 2010 and amounts from prior
years 1995-2009.
Discussion ensued between Councilmembers and Claire Bogard Finance Director
regarding collecting these outstanding funds.
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
FIRST READING OF ORDINANCE NO. 1469 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN ROAD
AND PUBLIC EASEMENTS RECORDED IN THE PLAT RECORDS OF, BRAZORIA
COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
Page 9 of 11 — 9/24/2012
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Sherman to
approve Ordinance No. 1469 on its First Reading.
City Manager Bill Eisen reported Alvin Independent School District is requesting the
abandonment of two (2) twenty-foot road easements and a twenty-foot public easement
Right of Way for their property located at the intersection of West Broadway and Kirby.
Discussion ensued between Councilmembers and City Manager Bill Eisen regarding the
new Alvin High School being built and the entrance possibilities.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive session under Texas Government Code at 8:26
p.m. to discuss the following:
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
CONSIDERATION AND POSSIBLE ACTION REGARDING THE
EVALUATION/COMPENSATION CYCLE OF COUNCIL
EMPLOYEES. Mayor Tom Reid.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:55 p.m.
COUNCIL ACTION — REGARDING THE EVALUATION/COMPENSATION CYCLE OF
COUNCIL EMPLOYEES. City Council.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
proceed as discussed in Executive Session as it relates to compensation and evaluation
of council employees.
Page 10 of 11 — 9/24/2012
Voting "Aye" Councilmembers Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
ADJOURNMENT
Meeting was adjourned at 8:56 p.m.
Minutes approved as submitted and/or corrected this the 10th day of December, A.D.,
2012.
�,YhJ
Tom Reid
Mayor
ATTEST: ,,„„,,,,,
//yrJ; , ; i g ' if /Mary /1 �`
Page 11 of 11 — 9/24/2012