2012-11-12 CITY COUNCIL REGULAR MEETING MINUTES[1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 12, 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 7:42 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Susan Sherrouse
Woody Owens
Scott Sherman
Keith Ordeneaux
Greg Hill
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan
President of Economic Development Corporation; Danny Cameron Director of
Public Works; J.C. Doyle Police Chief; Trent Epperson Director of Engineering
and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City
Manager; Lata Krishnarao Director of Community Development; Andrea
Broughton Deputy Director/City Engineer; Claire Bogard Director of Finance;
Michelle Smith Director of Parks and Recreation; Sparkle Anderson Public Affairs
Manager; Harold Ellis City Planner; Rick Overgaard Assistant Finance Director;
Bob Pearce Purchasing Officer.
The invocation was given by Sherwin Sun, Director of Keep Pearland Beautiful
and the Pledge of Allegiance was led by Ruben Almanza Whitley, Penn, LLP.
Mayor Reid welcomed members of the 2012-2013 Leadership Group with
Pearland Chamber of Commerce: Andrew Miller Adult Reading Center, Inc.; Kim
Hocott Pearland Independent School District; Melissa Black Pearland Economic
Development Corporation; Robert Babineaux Jr. CDM Smith; Rojelio Mata
Bredero Shaw; Ruben Almanza Whitley Penn, LLP; Sherwin Sun Keep Pearland
Beautiful and Sparkle Anderson City of Pearland.
Mayor Reid, City Manager Bill Eisen and Director of Finance Claire Bogard
presented Part -Time Accounts Payable Clerk Elizabeth Ayala with the Part -Time
Employee of the Quarter Award for exemplifying the Core Beliefs of the City of
Pearland.
IJi if_\Yo7:i&T_,T4&I VA k ed N 4101:A 11
Mayor Reid reported October 23, he joined the President of Pearland
Economic Development Corporation Matt Buchanan for the Greater Houston
Page 1 of 16 — 11/12/2012
Partnership Mayor's Forum; October 24, joined Assistant City Manager Jon
Branson for the Bay Tran Monthly Luncheon, was the Parade Marshall for
Manvel High School Home Coming Parade along with Mayor Martin of Manvel;
October 24, was the speaker at St. Helen Steps 4 Students Pep Rally, joined
Councilmember Owens for the Annual Port Economic Alliance Banquet; October
26, he was interviewed by Fox News regarding Pearland, joined Assistant City
Manager Mike Hodge for the Transportation Policy Council Board of Directors
Meeting; October 28, he attended the Historical Society Annual Meeting; October
29, he was interviewed for Pearland Economic Development Corporation
Strategic Plan; November 1, he spoke at the Pea rland/Alvin/Friendswood
Realtors Luncheon, attended the Memorial Service for Alma Nolen, attended
the University of Houston -Clear Lake Pearland Open House; November 3, he
attended the Boy Scout North Star District Report to the Community; November
5, he attended the Pearland Council Agenda Meetings, the Knapp Senior Center
Thanksgiving Luncheon, the Tax Abatement Review Committee; November 6, he
was interviewed by Community Life Magazine, a video interview for Hospital
Corporation of America; November 8, he joined City Manager Bill Eisen and
Pearland Economic Development President Matt Buchanan for the Memorial
Hermann Southeast Tour; November 9, he attended the C.J. Harris Elementary
School Veteran's Day Event; November 10, he participated in the Rotary Blood
Drive, spoke at the Elks Club Veteran's Day Event, attended the Annual Diwali
Event for Indian Community; November 11, he spoke at the VFW and the Lions
Club Veteran's Day Events.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported if you ever have to go to the Emergency Care
Clinic on the West side of Pearland you will be charged as if you went to the
Emergency Room at the Hospital.
Councilmember Sherman reported he and Mayor Pro -Tem Sherrouse along with
several others are on a Committee to assist Pearland Economic Development
Corporation in developing their Strategic Plan, October 30, was the first meeting;
the first of November he joined Councilmember Hill for the Men's Breakfast at
Countryplace.
Mayor Pro -Tem Sherrouse reported late October she joined City Staff and
attended the Public Hearing at Countryplace. City Staff was able to answer
questions for the residents of Countryplace; October 31, attended Pearland
Parks and Recreation Trick -or -Treat Trail; she stated as a Pearland Citizen
Police Academy Graduate she attended a class on Handicap Parking
Enforcement.
Councilmember Ordeneaux reported October 27, he attended the Alvin/Pearland
show in Manvel and bought a couple of animals; he attended the Veterans Day
Performance at Dawson High School.
Page 2 of 16 —11 /12/2012
Councilmember Hill reported October 25, he was honored by being ask to join
Dennis Bonnen Texas State Representative District 25 at the Angleton Chamber
of Commerce for a overview of the activities of the State of Texas; October 26,
he attended the Exchange Club Annual Ark Halloween Dance; October 27, he
attended the Pearland Historical Society Annual Luncheon, the Fall Festival at
Golfcrest Country Club; October 31, he attended the Pearland Parks and
Recreation Trick -or -Treat Trail; he joined Councilmember Sherman for the Men's
Breakfast at Countryplace; he joined Mayor Reid and attended the Boy Scouts
Report to the City at the soon to be Turner High School; he attended the Webster
Presbyterian Church for the Pearland High School Choir, they did an incredible
job; he attended the Lion's Club Veterans Day Event.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported he attended the Public Hearing at Countryplace.
The meeting was well received and appreciated Mayor Pro -Tem Sherrouse's
opening remarks which set a positive tone for the rest of the meeting. He stated
each year the City recognizes a number of employees for years of service. At the
City's Thanksgiving Luncheon he has the opportunity to present the recognition
awards to those employees. He further stated he appreciates the years of service
of all those employees.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the January 23, 2012, Special Meeting held at
6:00 p.m.
2. Minutes of the July 9, 2012, Regular Meeting held at 7:30
p.m.
3. Minutes of the August 20, 2012, Special Meeting held at 6:00
p. M.
4. Minutes of the August 27, 2012, Regular Meeting held at
7:30 p.m.
5. Minutes of the September 10, 2012, Special Meeting held at
7:30 p.m.
6. Minutes of the September 24, 2012, Public Hearing held at
6:30 p.m.
Page 3 of 16 — 11/12/2012
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-158 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY BID FOR FIRE APPARATUS PREVENTATIVE
MAINTENANCE AND REPAIRS. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-161 — 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 CREDIT CARD PAYMENT SERVICES.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-157 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY BID FOR OFFICE SUPPLIES. Mr. Bill Eisen, City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-162 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CHANGING THE
REGULAR MEETING TIMES AND DATES FOR DECEMBER
2012, DUE TO THE HOLIDAY SEASON. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-163 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE OF PLAYGROUND EQUIPMENT.
Ms. Michelle Smith, Director of Parks and Recreation.
Mayor Reid stated City Staff requests that Item C be removed from the Consent
Agenda for future consideration.
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to adopt Consent Agenda Items A through F with the exception of item
C, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
Page 4 of 16 — 11/12/2012
IX. NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000M-92 — 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 TRACT OF LAND CONTAINING
4.82 ACRES KNOWN AS TRACT 20-A, SITUATED IN LOT 20 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION,
ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE
BRAZORIA COUNTY MAP RECORDS, AND;A TRACT OF LAND CONTAINING
4.82 ACRES KNOWN AS TRACT 20, SITUATED IN LOT 20 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506,
AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP
RECORDS. (LOCATED AT 2014 HILLHOUSE RD, PEARLAND, TEXAS),
ZONE CHANGE 2012-11Z, A REQUEST OF CHAD THUMANN, APPLICANT,
ON BEHALF OF BARBARA COVINGTON, OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE RESIDENTIAL ESTATE (RE) ZONE TO THE
SUBURBAN RESIDENTIAL -12 (SR -12) 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-92 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of zone change 2012-11 Z.
City Manager Bill Eisen reported the Planning and Zoning Commission is
opposed to the original request of Single Family Residential -1. The Planning and
Zoning Commission would be in favor of a zone change to Suburban Residential
-12. Council is being asked to approve the zone change request.
Renee McGuire, West Development Company, addressed Council stating West
Development Company has been looking at Hillhouse Road for development. In
today's market there is not a demand for half acre lots, because of the impact
fees, cost of development, and the cost of detention ponds. She further stated
she tried to take everything into consideration and be sensitive to the residents in
that area. She does not want to do something that would be a detriment to that
area, but would enhance the value without enhancing the land value so much
that the land would be worth more than the house.
Barbara Covington, 2014 Hillhouse Road, addressed Council stating she is the
owner of 2014 Hillhouse Road and needs to sell the property. She stated the
Page 5 of 16 — 11/12/2012
development that Renee McGuire with West Development Company has
planned for that property will enhance that area.
Pam Hokanson, 2108 Hillhouse Road, addressed Council stating she is speaking
on behalf of the homeowners and residents of Hillhouse Road and neighboring
streets. She stated she is opposed to this zone change. Since October 15, 2012
she has spoken to 78% of the homeowners and residents of Hillhouse Road that
are opposed to the zone change. The homeowners and residents are asking
Council to please not approve the zone change.
Paul Ridgway, 1833 Hillhouse Road, addressed Council stating he has called
Pearland his home since 1989. He asked Council to please understand that he
wants' Pearland to grow. He believes the development of Pearland is about the
creation of a community we can all be proud of. The neighborhood is a
Residential Estate (R -E) neighborhood. He stated he is asking Council that the
integrity of his neighborhood be kept intact and not approve the zone change.
David Hokanson, 2108 Hillhouse Road, addressed Council stated he came to
Pearland in 1965. He stated his concerns are current usage. The houses
currently on Hillhouse Road and Linda Lane are on acreage lots. The residents
are opposed to anything less than a Residential Estate (R -E). Another concern is
Environmental. Developing lots suitable for houses, streets, sidewalks, and
patios will significantly impact two areas. The buildup will increase flooding for
residents on Hillhouse Road, Linda Lane and the eastern edge of Southdown. He
further stated Hillhouse Road was originally paved by the County to a standard
consistent to the current usage. With the opening of Dawson High School half of
the street has already needed resurfacing due to school and bus traffic. With the
construction traffic and development of 18 or more new homes in the middle of
this residential block will do extensive damage to the roadway and greatly
increase traffic. He asked Council to reject the zone change from anything less
than an R -E.
Discussion ensued between Council and Chad Thurman with West Development
regarding the size of a lot on Hillhouse Road if developed for new homes.
Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill.
Voting "No" None.
Voting "Abstain" Mayor Pro -Tem Sherrouse.
Motion Passed 4 to 0 with 1 abstention.
FIRST READING OF ORDINANCE NO. 2000CUP-59 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 19.934
Page 6 of 16 — 11/12/2012
ACRE TRACT OF LAND LOCATED IN THE T.J. GREEN SURVEY, ABSTRACT
290, HARRIS COUNTY, TEXAS, BEING A PORTION OF LOTS 16, 17, 39, AND
40, AND ALL OF LOTS 26 AND 27 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, SECTION "G", A SUBDIVISION OF
RECORD IN VOLUME 4, PAGE 48 OF THE MAP RECORDS OF SAID HARRIS
COUNTY. (LOCATED AT 1800 BLOCK OF RIVERSTONE RANCH DRIVE,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-
05 TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF WORSHIP IN THE
SINGLE FAMILY RESIDENTIAL -1 (R-1) DISTRICT AT THE REQUEST OF
WARREN ESCOVY — LJA ENGINEERING, INC., APPLICANT AND THE
DIOCESE OF GALVESTON-HOUSTON, 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 Sherrouse made the motion, seconded by Councilmember
Owens, to approve Ordinance No. 2000CUP-59 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. Cup 2012-
05.
City Manager Bill Eisen reported City staff recommends approval to allow the
operation of a Church, Temple, or Place of Worship in the Single Family
Residential -1 (R-1) district as proposed by the applicant and owner.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000CUP-60 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOTS 3-6,
BLOCK 5 OF THE TOWNSITE OF PEARLAND SUBDIVISION, A SUBDIVISION
OF RECORD IN VOLUME 29, PAGE 41 OF THE H.C.D.R. BRAZORIA
COUNTY, TEXAS. (LOCATED AT 2205 N. MAIN STREET, PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-06 TO ALLOW
FOR OUTSIDE STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS
(OT -GB) DISTRICT AT THE REQUEST OF EDWARD HERSH, APPLICANT
AND H.E. HALFORD, JR., OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager.
Page 7 of 16 —11 /12/2012
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill,
to approve Ordinance No. 2000CUP-60 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. CUP 2012-
06.
City Manager Bill Eisen reported City staff recommends approval of the
Conditional Use Permit to allow for outside storage.
Discussion ensued between Council, Assistant City Manager Mike Hodge and
Senior Planner Harold Ellis regarding the height and construction of the
screening on the side of the building.
Voting "Aye" Councilmembers Ordeneaux, and Hill.
Voting "No" Councilmembers Owens, Sherman, and Sherrouse.
Motion Failed 3 to 2.
FIRST READING OF ORDINANCE NO. 2000M-91 — 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 2.9125 ACRES OF LAND
OUT OF AND PART OF LOT FORTY (40), OF THE W. ZYCHLINSKI
SUBDIVISION, SECTION NO. THREE (3), IN THE H. T. & B. R. R. CO.
SURVEY, A-232, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, AND; A 13.611 ACRE TRACT IN THE H. T. & B.
R.R. CO. SURVEY, SECTION 3, ABSTRACT NO. 232 IN BRAZORIA COUNTY,
TEXAS. SAID 13.611ACRE TRACT IS PART OF LOT 40 OF THE W.
ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 43 OF
THE BRAZORIA COUNTY DEED RECORDS. SAID 13.611 ACRE TRACT IS
FURTHER DESCRIBED AS BEING THAT SAME TRACT DESCRIBED IN A
DEED TO NGUYEN ENTERPRISE, LLC AS RECORDED IN CLERK'S FILE NO.
03-059143 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND; A 25.081
ACRE TRACT IN THE H.T. & B. R. R. CO. SURVEY, ABSTRACT NO. 232,
BRAZORIA COUNTY, TEXAS. SAID 25.081 ACRE TRACT IS PART OF LOTS
46 AND 50, OF THE ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME
29, PAGE 43 IN THE BRAZORIA COUNTY DEEDS RECORDS AND IS
FURTHER DESCRIBED AS BEING PART OF TRACT 5 AND A PART OF
TRACT 6 DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP
AS RECORDED IN CLERK'S FILE NO. 96-046033 IN THE BRAZORIA
COUNTY CLERK'S OFFICE, AND IS ALL OF A 4.64 ACRE TRACT
DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP AS
Page 8 of 16 —11 /12/2012
RECORDED IN CLERK'S FILE NO, 96-046031 IN THE BRAZORIA COUNTY
CLERK'S OFFICE. (LOCATED AT 1871 MYKAWA RD, PEARLAND, TEXAS),
ZONE CHANGE 2012-10Z, A REQUEST OF JACK MCGUFF, JR, APPLICANT,
ON BEHALF OF THIRD COAST TERMINALS, OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE LIGHT INDUSTRIAL (M-1) ZONE AND HEAVY
INDUSTRIAL (M-2) 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.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-91 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Zone Change 2012-1 OZ.
City Manager Bill Eisen reported this would allow the company operating at that
location to incorporate some recently acquired property into their overall plant
operation.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000CUP-58 — 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 STREET, PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-04 TO ALLOW
FOR A CHILD DAYCARE (BUSINESS) IN THE NEIGHBORHOOD SERVICE
(NS) DISTRICT AT THE REQUEST OF SUDERSHAN JAMBULAPATI,
APPLICANT AND 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 Mayor Pro -Tem
Sherrouse, to approve Ordinance No. 2000CUP-58 on its First Reading.
Page 9 of 16 —11 /12/2012
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Application No. Cup 2012-
04.
City Manager Bill Eisen reported City staff recommends approval of the
Conditional Use Permit No. 2012-04 to allow the operation of a Child Daycare
Center in the Neighborhood Service (NS) district.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-93 — 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 THE HEREIN DESCRIBED
20.3 ACRES, MORE OR LESS, BEING GENERALLY LOCATED IN SECTION
80, J. S. TALMAGE SURVEY ABSTRACT 564, BRAZORIA COUNTY, TEXAS;
THE SOUTH LINE BEING ALONG THE SOUTH LINE OF LOT 2, SECTION 80,
J. S. TALMAGE SURVEY, ABSTRACT 564 ACCORDING TO THE PLAT
THEREOF AS FILED IN VOLUME 2, PAGE 98 BRAZORIA COUNTY PLAT
RECORDS; THE WEST LINE BEING THE EAST LINE OF CITY OF PEARLAND
ORDINANCE NO. 1035; THE NORTH LINE BEING THE SOUTH RIGHT-OF-
WAY LINE OF COUNTY ROAD 92 AND THE EXTENSION OF CITY OF
PEARLAND ORDINANCE 924 AND THE EAST LINE BEING THE WEST LINE
OF CITY OF PEARLAND ORDINANCE NO 924; ALL THAT CERTAIN 20.3
ACRES, MORE OR LESS, ANNEXED INTO THE CITY OF PEARLAND BY
PEARLAND ORDINANCE 1465 AND BEING ALL OF LOTS 1 & 2, SECTION 80,
J. S. TALMAGE SURVEY, ABSTRACT 564. (LOCATED AT THE SOUTHEAST
CORNER OF BROADWAY/KINGSLEY PEARLAND, TEXAS), ZONE CHANGE
2012-12Z, A REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT,
ON BEHALF OF BELTWAY 23, LTD., OWNER, FOR APPROVAL OF A ZONE
CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE
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 Sherman made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Ordinance No. 2000M-93 on its First Reading.
Page 10 of 16 — 11/12/2012
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Zone Change 2012-12Z.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-94 — 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 38.909 ACRES OF LAND IN
THE H. T. & B. R. R. COMPANY SURVEY, SECTION 81, ABSTRACT NO. 300,
BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOTS 38, 39, 40, 49,
AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART
OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD, VOLUME 2, PAGE
98, OF THE PLAT RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.),
MORE PARTICULARLY BEING THE RESIDUE OF THAT CERTAIN CALLED
30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE RESIDUE OF
THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART TWO)
CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD, BY AN
INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER 2011012491, OF
THE OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA COUNTY
(B.C.O.P.R.) (LOCATED AT THE NORTHWEST CORNER OF CR59/SH288,
PEARLAND, TEXAS), ZONE CHANGE 2012-13Z, A REQUEST OF KERRY
GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF PARKSIDE 59/288,
LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE THE
BUSINESS PARK 288 (BP -288) ZONE TO THE 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.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Ordinance No. 2000M-94 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Zone Change 2012-13Z
with the following conditions: remove the Assisted Living/Senior Housing use and
replacing it with Convalescent/Nursing Home, and include staff conditions
(regarding underground electric utilities). Language to be changed to: 200'
setback for overhead utilities along Business Center or 20' behind the front of the
building, whichever is further setback from the street right-of-way.
Page 11 of 16 — 11/12/2012
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1471 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY
HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX
ABATEMENT PURSUANT TO RESOLUTION NO. R2011-12; DESIGNATING
AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS
REINVESTMENT ZONE #22), IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD
BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX
ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Sherman, to approve Ordinance No. 1471 on its First Reading.
City Manager Bill Eisen reported this is subject to the Public Hearing held earlier
that would be the creation of a Reinvestment Zone which would allow for further
consideration of a Tax Abatement Agreement. The ordinance memorializes the
City Council's findings that the improvements sought by Dover are feasible and
practicable and the improvements will benefit the land within the zone. The
second reading of this ordinance is proposed for November 26th and
consideration of the tax abatement agreement is proposed for December 10th
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-160 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
SUBMISSION OF SIX(6) IDENTIFIED PROJECTS FOR THE 2012
TRANSPORTATION ENHANCEMENT PROGRAM "CALL FOR PROJECTS."
Mr. Bill Eisen, City Manager.
Page 12 of 16 —11/12/2012
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-160.
City Manager Bill Eisen stated he would refer Council back to Director of
Engineering and Capital Projects Trent Epperson's report he presented earlier in
the evening where he described the six projects and funding.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-156 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR STREET AND SIDEWALK MAINTENANCE SERVICES. Mr. Bill Eisen, City
Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-156.
City Manager Bill Eisen reported a year ago the City entered into a contract with
Brooks Concrete for one year with two one year renewal options for the provision
of sidewalks and street maintenance services as needed. The company has the
option to request a price increase at renewal contingent upon a commensurate
change (during the period of the expiring term) in the "All Items" category of the
Consumer Price Index, Houston-Galveston-Brazoria region. The contractor is
eligible to request a price increase up to 1.3%. Brooks Concrete has indicated
due to rising costs of materials, it is necessary to request the allowable increase
at this time. Staff is recommending the renewal option be awarded to Brooks
Concrete with the requested price increase.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-159 — A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING
A LEASE/PURCHASE BID FOR THE PURCHASE OF CERTAIN CAPITAL
EQUIPMENT. Mr. Bill Eisen, City Manager.
Page 13 of 16 —11 /12/2012
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Resolution No. R2012-159.
City Manager Bill Eisen reported Council is being asked to approve the lease -
purchase financing with Chase Equipment Finance.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-155 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-155.
City Manager Bill Eisen reported Council is being asked to approve the purchase
of 18 vehicles from Philpott Motors, and 9 vehicles from Caldwell Country
Chevrolet in the total amount of $618,836 through the Texas Association of
School Board Buyboard cooperative purchasing program.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-153 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
CITY'S 2012-2016 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING AND
AUTHORIZING SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2012-153.
City Manager Bill Eisen reported the Analysis of Impediments to Fair Housing for
Pearland meets HUD requirements that the City as a HUD entitlement jurisdiction
provide a plan to affirmatively further fair housing, identify impediments to such
plans, and work effectively to overcome obstacles to affordable housing and anti-
discriminatory rental and/or realty practices. Council is being asked to approve
Page 14 of 16 —11 /12/2012
the City's 2012-2016 Analysis of Impediments to Fair Housing for submission to
the United States Department of Housing and Urban Development.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-154 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING
ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-
GALVESTON AREA COUNCIL 2013 GENERAL ASSEMBLY AND BOARD OF
DIRECTORS. Mayor Reid.
Councilmember Hill made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2012-154.
Mayor Reid as the representative and Councilmember Owens as the alternate to
the Houston -Galveston Area Council 2013 General Assembly and Board of
Directors.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
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 9:36 p.m. to discuss the following:
1. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH COLE'S FLEA MARKET.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING THE ENFORCEMENT OF A
CITY CONTRACT FOR SERVICES. City Council.
Page 15 of 16 — 11/12/2012
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 11:32 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED
WITH COLE'S FLEA MARKET. City Council.
No Council action taken.
COUNCIL ACTION — REGARDING THE ENFORCEMENT OF A CITY
CONTRACT FOR SERVICES. City Council.
Councilmember Owens made a motion seconded by Mayor Pro -Tem Sherrouse
to provide notice of termination of the Destination Marketing agreement and
Associated Lease agreement.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:33 p.m.
Minutes approved as submitted and/or corrected this the 14th day of January,
A.D., 2013.
Tom Reid
Mayor
ATTEST:
�ARLgy-
Y3AVng Lo g, TR r
i
Secwary
«i1f4.t.Ns•
Page 16 of 16 — 11/12/2012