2012-11-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 26, 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 7:53 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; J.C. Doyle Police Chief; Trent
Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant
City Manager; Lata Krishnarao Director of Community Development; Andrea
Broughton Deputy Director/City Engineer; Claire Bogard Finance Director;
Michelle Smith Director of Parks and Recreation; Vance Riley Director of Fire
Services; Skipper Jones Assistant Director of Capital Projects; Bob Pearce
Purchasing Officer.
The invocation was given by Councilmember Owens and the Pledge of
Allegiance was led by Brandon Topolski of Boy Scout Troop 468.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported November 13, he spoke at the Pearland Rotary Club, he
attended the San Jacinto Museum Annual Awards Banquet; November 14-16,
he attended the Texas Municipal League Annual Conference; November 17, he
attended Ribbon Cuttings for 3 new businesses at Nguyen Business Center;
November 19, he attended the Pearland Agenda Meeting, Council Workshop and
the Joint Planning and Zoning Public Hearing Meeting; November 20, he
attended the Houston -Galveston Area Council Board of Directors Meeting,
Ribbon Cutting for the Re -opening of the Huntington Learning Center and the
Texas Water Utilities Association Meeting; November 25, he spoke at the Eagle
Scout Court of Honor — Troop 414.
Page 1 of 17 — 11/26/2012
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported November 14-16, he attended the Texas
Municipal League Conference; he invited everyone to attend the Hometown
Christmas Festival and Tree Lighting on November 30, and the Pearland
Christmas Parade on December 1.
Councilmember Sherman reported November 14-16, he attended the Texas
Municipal League Conference; he stated the Westside Library store front facility
will open in April, there will be 2 fund raisers coming up that a percentage of the
proceeds will go towards the new Westside Library.
Mayor Pro -Tem Sherrouse reported November 13, she had the honor to present
service awards to employees at the City of Pearland Thanksgiving Luncheon;
November 14-16, she attended the Texas Municipal League Conference;
thanked Michelle Smith, Director of Parks and Recreation and her department in
advance for all the work they will be doing for the Hometown Christmas Festival,
Tree Lighting and Christmas Parade this weekend.
Councilmember Ordeneaux reported November 13, he attended the Pearland
State Bank Open House Annual Event; November 14-16, he attended the Texas
Municipal League Conference.
Councilmember Hill reported November 13, he attended the Tri -County
Republican Women's Meeting, the City of Pearland Thanksgiving Luncheon, the
Pearland State Bank Open House Annual Event; November 14-16, he attended
the Texas Municipal League Conference; he attended the 70th Birthday Party for
Doctor Bobby Stevener with Pearland Animal Clinic.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported at the City of Pearland Thanksgiving Luncheon
employees were recognized for years of service in increments of 5 years. There
were 99 employees recognized this year. That is by far the most number of
employees for years of service that he can recall. He further stated that says a lot
about the dedication of the employee to the City of Pearland. The City of
Pearland also recognized the Secretary of Project Management, Sheila Olivarez
as the Employee of the Year.
CITIZENS:
Aaron Hughes, 10739 W. Little York, addressed Council and stated he is with
American Textile Recycling Services. The Houston market extends from Katy in
the West to Beaumont in the East to Conroe in the North to Galveston in the ,
South. They provide whole sale turn -key recycling services to municipalities for
Page 2 of 17 — 11/26/2012
communities. As part of our commitment to sound corporate citizenship we
sponsor various community based non-profit organizations. As part of that
sponsorship we pay the organization 2 cents for every pound of recyclable
material American Textile Recycling collects. American Textile Recycling would
like to enter into some discussion with one of the fastest growing most dynamic
communities in the State of Texas. American Textile Recycling would like to
come in on a trial basis and operate a textile recycling program in Pearland at no
cost to the City. It would be an opportunity for the City to be compensated 2
cents for every pound of recyclable material American Textile collects.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the February 27, 2012, Special Meeting held at
6:15 p.m.
2. Minutes of the October 1, 2012, Special Meeting held at 6:30
p.m.
ESTATE (RE) ZONE TO THE SUBURBAN RESIDENTIAL -12
(SR -12) ZONE, PROVIDING FOR AN AMENDMENT OF THE
Page 3 of 17 — 11/26/2012
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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
Page 3 of 17 — 11/26/2012
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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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
Page 4 of 17 —11 /26/2012
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 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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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,
Page 5 of 17 —11 /26/2012
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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL 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
Page 6 of 17 -11/26/2012
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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
Page 7 of 17 — 11/26/2012
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.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-164 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (H -GAC) FOR PARTICIPATION
IN THE DWI TASK FORCE GRANT PROGRAM. Mr. J.C. Doyle,
Police Chief.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-165 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INDEMNITY AGREEMENT ASSOCIATED WITH THE
COWART'S CREEK DIVERSION PROJECT. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Sherrouse asked that Consent Agenda Item B 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 J with the exception of item
B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
Page 8 of 17 — 11/26/2012
As requested by Mayor Pro -Tem Sherrouse Consent Agenda Item B was
removed for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 Owens made the motion, seconded by Councilmember
Sherman, to approve Ordinance No. 2000M-92 on its second and final reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Suburban Residential -12
Zone.
City Manager Bill Eisen reported this is the second and final reading of an
ordinance that would rezone a 10 acre tract of land located on Hillhouse Road
from its current zoning to a Suburban Residential -12 zoning.
Discussion ensued between Council and Assistant City Manager Mike Hodge
Page 9 of 17 — 11/26/2012
regarding the size of the lots and the number of new homes.
Chad Thumann, West Development, addressed Council and stated there will be
20 lots.
Voting "Aye" Councilmembers Owens, Sherman, Ordeneaus, and Hill.
Voting "No" None.
Voting "Abstain" Mayor Pro -Tem Sherrouse.
Motion Passed 4 to 0, with one abstention.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 1472 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
28 OF APPROXIMATELY 91.2096 ACRES OF LAND. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember
Owens, to approve Ordinance No. 1472 on its first reading.
City Manager Bill Eisen reported this is the subject of a recent Pearland City
Council Workshop. This involves annexation of 91.2096 acres of land in the
Municipal Utility District 28. This 81 acres is located on the east and west sides of
Old Alvin Road and the remaining 10 acres are located on Hillhouse Road.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2012-169 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
RECYCLING FACILITY USE AGREEMENT WITH WASTE MANAGEMENT
ASSOCIATED WITH THE "AT YOUR DOOR" RECYCLING PROGRAM.
Ms. Claire Bogard, Finance Director.
Page 10 of 17 — 11/26/2012
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-169.
City Manager Bill Eisen reported the proposed agreement has a 4 -year term that
can be renewed for an additional 5 years if the parties agree to mutual terms.
Each party shall have the right to terminate the agreement for convenience by
providing the other party 120 days notice. Waste Management will pay the City
$2,500.00 per month for use of the facility and also pay a material's handling fee
of $27.00 per hour if Waste Management requires material handling services by
City employees. Waste Management will have access to the City's facility from
6:00 a.m. to 5:00 p.m. Monday through Friday. Waste Management will also be
required to comply with the Operational Plan. City Staff believes this agreement
will benefit both the City and Waste Management.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-166 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE INTELLIGENT
TRAFFIC SYSTEMS PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill,
to approve Resolution No. R2012-166.
City Manager Bill Eisen reported Council is being asked to award the contract for
construction to Third Coast Services, LLC in the amount of $3,269,202.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-95 — 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
Page 11 of 17 —11 /26/2012
CERTAIN REAL PROPERTY, LOCATION BEING A 13.589 ACRE TRACT OF
LAND OUT OF ALLISON RICHEY GULF COAST HOMES SUBDIVISION, AN
ADDITION TO THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AS
RECORDED IN VOLUME 3, PAGE 40, OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS, SAID 13.589 ACRE TRACT OF LAND BEING A PORTION
OF A 36.166 ACRE TRACT OF LAND (BY DEED) DEEDED TO SHT/KIRBY
LTD, AS RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER
20080049996 IN THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
HARRIS COUNTY, TEXAS. (LOCATED AT NORTHEAST CORNER OF
SPECTRUM AND HOOPER, PEARLAND, TEXAS), ZONE CHANGE 2012-14Z,
A REQUEST OF JOE D. POWERS, AIA, APPLICANT, ON BEHALF OF
SHT/KIRBY, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE SPECTRUM DISTRICT (DISTRICT S1) (SP1) 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 Hill made the motion, seconded by Councilmember Ordeneaux,
to approve Ordinance No. 2000M-95 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of the zone change 2012-
14Z. With the following condition of approval: The site will obtain from existing
overhead utilities on Hooper Road. This extension to the subject property across
Hooper may occur via overhead power. Utilities within the site will be
underground.
City Manager Bill Eisen reported Council is being asked to approve the zone
change request.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-171 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE AND INSTALLATION OF POLICE VEHICLE
EQUIPMENT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Page 12 of 17 —11 /26/2012
Sherman, to approve Resolution No. R2012-171.
City Manager Bill Eisen reported Council is being asked to award a bid for the
purchase and installation of necessary Police vehicle equipment with an
anticipated total of $51,872.91 to All America Sales Corporation of South
Houston, Texas.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-170 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT (BUNKER
GEAR) FOR THE FIRE DEPARTMENT. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem
Sherrouse, to approve Resolution No. R2012-170.
City Manager Bill Eisen reported Council is being asked to award the bid for
supply of personal protective equipment (bunker gear) to Dooley Tackaberry at a
unit cost of $2,178.00 per set, with an anticipated total expenditure of
approximately $54,450.
Councilmember Sherman stated he does not feel comfortable voting for Dooley
Tackaberry because a representative was not present to answer City Council's
questions.
Voting "Aye" Councilmembers Owens, Sherrouse, Ordeneaux, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2012-161 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A
CONTRACT FOR CREDIT CARD MERCHANT SERVICES. Mr. Bill Eisen, City
Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill,
to approve Resolution No. R2012-161.
Page 13 of 17 — 11/26/2012
City Manager Bill Eisen reported Council is being asked to approve the renewal
of an existing agreement with Automated Merchant Services Inc. for the provision
of credit card merchant services for one year through November 16, 2013 with an
estimated total expenditure of $190,000.
Councilmember Sherman stated he does not feel comfortable voting for
Automated Merchant Services Inc. because a representative was not present to
answer City Council's questions.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2012-168 — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A
HOTEL OCCUPANCY TAX ADVISORY BOARD; ESTABLISHING
MEMBERSHIP CRITERIA; DETERMINING BOARD AUTHORITY AND
ADOPTING RULES FOR MEETINGS OF THE BOARD. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2012-168.
City Manager Bill Eisen reported the City Council action on November 12, gave a
90 -day notice of cancellation of the contract with the Chamber of Commerce.
Consequently it is critical that the City move expeditiously to hire a new Director
so there is no gap in tourism promotion activities. In order to effectively recruit for
the position it is critical that issues such as the organization structure in which the
Director will work be formalized prior to recruitment beginning. Council is being
asked to approve the creating of the Hotel Occupancy Tax Advisory Board and
staffing structure.
Councilmember Ordeneaux stated in Section 2 (b) he would like to see a
maximum of three hotel representatives instead of the minimum of two hotel
representatives. Item (d) he would like Pearland and Alvin Independent School
Districts to each have a non-voting representative on the Board. AISD does have
facilities on the west side of town that could be utilized. The membership criteria
will need to be revised to state all members do not have to reside within the
Pearland City limits. The term limits may be difficult for members that work in the
School Districts. He further stated in Section 5 (e) he would like to see if any
Page 14 of 17 — 11/26/2012
boardmember has (3) consecutive unexcused absences changed to (2)
consecutive unexcused absences shall forfeit their term of office.
Mayor Reid stated he would like for this to be done in a manner that the City is
not captive of the Hotel Occupancy Tax issue.
City Manager Bill Eisen stated it clearly states in the State Law there are specific
conditions placed on any expenditure of funds from Hotel Occupancy Tax. That
applies if the City contracts the services or if the services are provided inhouse.
Councilmember Sherman stated there has been discussion if this board would
have authority over all Hotel Occupancy Tax expenditures or strictly tourism
expenditures.
City Manager Bill Eisen stated when the Hotel Occupancy Tax Advisory Board
makes a recommendation, regarding a budget for Hotel Occupancy Tax funds it
would include all funds for all purposes. Including promotion of the arts and
historic preservation. If Council wanted to see more formalized programs with
how expenditures could be made, more formalized procedures could be set up.
He further stated he envisioned this board would make recommendations to
Council with regard to a budget for all Hotel Occupancy Tax uses and not just
tourism.
Mayor Reid stated there is more possibility of tourist and visitor enhancement in
the community than what might be looked at by a Hotel Occupancy Tax Advisory
Board. He further stated the new Director's function needs to be more than
responding to Hotel Occupancy Tax.
City Manager Bill Eisen stated if the funding sources made available to the
Destination Marketing Director go beyond the Hotel Occupancy Tax it is a
possibility the Director will do more. The way this Resolution is written it is a
Hotel Occupancy Tax Advisory Board.
Councilmember Sherman stated he would like to see a Destination Marketing
Advisory Board. He further stated his concern is the Hotel Occupancy Tax
Advisory Board having the authority over all the Hotel Occupancy Tax and
Council's inability to have input over those funds.
Councilmember Owens stated his understanding was a board would be put
together for Destination Marketing. What we have is a recommendation for a
board over any expenditures out of Hotel Occupancy Tax that is legal by State
Law. It has been broadened to include all Hotel/Motel tax. He further stated will
all budget and recommendations from the Hotel Occupancy Tax Advisory Board
come before Council for approval.
Page 15 of 17 —11/26/2012
City Manager Bill Eisen stated probably not all recommendations. For instance
there is a category of funding for events of $50,000. Someone requests $10,000
for an event in town. I would view the board would give authority to the Director
to spend that amount.
Councilmember Owens stated Council will give the Hotel Occupancy Tax
Advisory Board a budget and the authority to spend from that budget. He further
stated the board could spend the funds in any direction they wanted to.
City Manager Bill Eisen stated they would not be able to spend in that way. The
Destination Marketing budget that was adopted for 2012-13 has itemized
expenditures for various purposes. Destination Marketing would have the
authority to spend as long as they stayed in the dollar amount of the itemized
expenditure.
Councilmember Owens stated the adopted budget for 2012-13 is $385,530.
Before someone is hired the City will be 5 months into the program. Is that
amount still valid.
City Manager Bill Eisen suggested not changing the budget, but bring in a
Destination Marketing expert. This person would take a look at the budget and
make recommendations with regard to changes. The changes would first be
brought to the City Manager, next the Hotel Occupancy Tax Advisory Board, if it
exists and then to Council for consideration. If changes need to be made Staff
will make a budget amendment.
Mayor Pro -Tem Sherrouse stated her concern is the threshold of spending the
Hotel Occupancy Tax Advisory Board would have before coming to Council.
City Manager Bill Eisen stated Council can choose an amount. It can be written
into the Resolution that the board will make recommendations to the Director for
items under "X dollars." City Council action will be required for expenditures over
"Y dollars."
City Manager Bill Eisen stated he sees the primary function of this person as
being in the Destination Marketing area. If City Council would prefer to retain
direct control over the arts and historic preservation uses of funds Council can do
that by giving Staff direction on how you would like to modify or amend
Resolution No. R2012-168.
City Manager Bill Eisen stated based on the discussion he would suggest taking
the Resolution No. R2012-168 and rewrite it. He would present the resolution in a
future agenda.
Page 16 of 17 — 11/26/2012
Mayor Pro -Tem Sherrouse amended the motion, seconded by Councilmember
Owens, to postpone action on Resolution No. R2012-168 to a future agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:44 p.m.
Minutes approved as submitted and/or corrected this the 14th day of January
A.D., 2012.
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Tom Reid
Mayor
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Page 17 of 17 - 11/26/2012