2012-12-10 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 10, 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 9:25 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Susan Sherrouse
Councilmember
Scott Sherman
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Woody Owens.
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Police Chief; Vance Riley Fire Chief;
Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire
Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community
Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Daniel Baum EMS Operations Director; Sparkle Anderson Public Affairs
Manager; Bob Pearce Purchasing Officer.
MAYOR'S ACTIVITY REPORT: None.
COUNCIL ACTIVITY REPORTS: None.
CITY MANAGER'S REPORT: None.
CITIZENS:
Henry Broussare, 3814 Houston Lake Drive, addressed Council stating he is in
attendance tonight in reference to a tower behind his home on Houston Lake Drive. The
Home Owners Association would like to know the purpose of this tower, why was it put
in the neighborhood and should the Home Owners Association been notified before the
tower was installed.
Patricia Duke, 3805 Conroe Lake Court addressed Council stating a transmission tower
was erected at 3803 Conroe Lake Court. Transmission towers are normally used in
areas such as wind farms, oil fields or chemical plants, not in residential neighborhoods.
The residents are concerned about the size of this tower, what it might be used for and
what it might do to the property values.
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DOCKETED PUBLIC HEARING: None.
VIII. CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-61 — 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 8809 BROADWAY ST, PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-08 TO
ALLOW FOR A CHILD DAYCARE CENTER (BUSINESS) IN THE
NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT AT THE
REQUEST OF CHASING DREAMS DAYCARE, APPLICANT AND
THE OLD PLACE INC., OWNER, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike
Hodge, Assistant City Manager.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000-T-14 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING SELECTED PROVISIONS OF THE UNIFIED
DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 943-19 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
THE CITY'S COMPREHENSIVE PLAN BY ADDING THE GRAND
AVENUE PLAN, AS A GUIDE FOR PRESERVING A SENSE OF
COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE
AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 943-20 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
THE CITY'S COMPREHENSIVE PLAN BY ADDING THE LOWER
KIRBY URBAN CENTER PLAN, AS A GUIDE FOR PRESERVING A
SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
Page 2 of 7 —12/10/2012 — 7:30 p.m.
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1473 - 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
#23), 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1474 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISSOLVING
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 (the
"DISTRICT'). Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1475 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS EXTENDING
TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE
ROADS OWNED AND MAINTAINED BY THE LAKES AT COUNTRY
PLACE COMMUNITY ASSOCIATION AND CONTAINED WITHIN
THE LAKES AT COUNTRY PLACE SUBDIVISION; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES AND FINES;
PROVIDING FOR ADMINISTRATION; PROVIDING FOR CONFLICTS
WITH OTHER LAWS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
Councilmember Ordeneaux asked that Consent Agenda Items A, E, F, and G be
removed from the Consent Agenda for further discussion.
Page 3 of 7 - 12/10/2012 - 7:30 p.m.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse,
to postpone Consent Agenda Items B, C, and D to the next Regular Council Meeting.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Councilmember Ordeneaux Consent Agenda Item A was removed for
further discussion.
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-61 — 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 8809 BROADWAY ST, PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-08 TO
ALLOW FOR A CHILD DAYCARE CENTER (BUSINESS) IN THE
NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT AT THE
REQUEST OF CHASING DREAMS DAYCARE, APPLICANT AND
THE OLD PLACE INC., 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 Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
approve the second and final reading of Ordinance No. 2000CUP-61.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
As requested by Councilmember Ordeneaux Consent Agenda Item E was removed for
further discussion.
1
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E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1473 — 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
#23), 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.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve the second and final reading of Ordinance No. 1473.
Voting "Aye" Councilmembers Hill, Sherman, and Sherrouse.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 3 to 0, with 1 abstention and Councilmember Owens absent.
As requested by Councilmember Ordeneaux Consent Agenda Items F and G was
removed for further discussion.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1474 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISSOLVING
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 (the
'DISTRICT"). Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1475 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS EXTENDING
TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE
ROADS OWNED AND MAINTAINED BY THE LAKES AT COUNTRY
PLACE COMMUNITY ASSOCIATION AND CONTAINED WITHIN
THE LAKES AT COUNTRY PLACE SUBDIVISION; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES AND FINES;
Page 5 of 7 — 12/10/2012 — 7:30 p.m.
PROVIDING FOR ADMINISTRATION; PROVIDING FOR CONFLICTS
WITH OTHER LAWS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve the second and final reading of Ordinance No. 1474 and second and final
reading of Ordinance No. 1475.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas government Code at
10:00 p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — REGARDING CONSULTATIONS WITH CITY
ATTORNEY — REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:23 p.m.
COUNCIL ACTION — REGARDING RESOLUTION NO. R2012-175 — A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
LOAN AGREEMENT BETWEEN THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION AND DOVER ENERGY, INC. City Council.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-175.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
1
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D
COUNCIL ACTION — REGARDING RESOLUTION NO. R2012-176 — A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT
AGREEMENT WITH DOVER ENERGY, INC. City Council.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-176.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
ADJOURNMENT
Meeting was adjourned at 10:25 p.m.
Minutes approved as submitted and/or corrected this the 28th day of January, A.D.,
2013.
ATTEST:
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dw� �-1-e
Tom Reid
Mayor
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