2013-03-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, MARCH 11, 2013, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Attorney
City Secretary
Tom Reid
Susan Sherrouse
Woody Owens
Scott Sherman
Keith Ordeneaux
Greg Hill
Bill Eisen
Lawrence Provins
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan
President of Economic Development Corporation; J.C. Doyle Police Chief; Mike
Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle Smith
Director of Parks and Recreation; Nghiem Doan Deputy City Attorney; Bob
Pearce Purchasing Officer.
The invocation was given by Mayor Pro -Tem Sherrouse and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported on February 26, he met with the Scouts for Communication
Merit Badge; February 27-28, he attended Pearland Day in Austin, Texas; March
1, he read to Primrose School Students (Dr. Seuss) for Read Across America;
March 2, he attended the Council Retreat; March 4, he attended the Agenda
Meeting; March 5, he read to children at the Library for Read Across America;
March 6, he attended the Adult Reading Center Board of Directors Meeting;
March 7, he attended the Planning Day Presentation; the Pearland Chamber of
Commerce Monthly Luncheon State of the Schools; he presented a
Proclamation to Coach Clark and the Girls Softball Team of Pearland
Independent School District for their 500th Win; he attended the TxDOT Public
Hearing on SH 288; March 11, he attended the 2012 Audit Committee Meeting.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported he attended the 288 Partnership in Austin,
Texas. He further stated they met with Legislators to discuss issues and
concerns in Pearland, Texas; he attended Pearland Day in Austin, Texas where
approximately 65 people from Pearland attended; he attended the Luncheon for
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Mayor Parker; he attended the 288 Partnership Quarterly Luncheon; he stated on
March 17 — 19 will be Brazoria County Day in Austin, Texas.
Councilmember Sherman passed on giving a report.
Mayor Pro -Tem Sherrouse reported she attended Pearland Day in Austin, Texas;
she attended the City Council Retreat; she attended the Pearland Economic
Development Steering Committee Meeting; she attended the 288 Partnership
Quarterly Luncheon.
Councilmember Ordeneaux passed on giving a report.
Councilmember Hill reported he attended Pearland Day in Austin, Texas; he
attended the City Council Retreat; he attended the Galveston County Lincoln Day
Dinner; he attended the Chamber of Commerce Monthly Luncheon — State of the
Schools; he attended the Country Place Women's Group; he attended the 288
Partnership Quarterly Luncheon; he attended the Lion's Club Annual Casino
Night Fund Raiser.
CITY MANAGER'S REPORT:
City Manager Bill Eisen passed on giving a report.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the February 11, 2013, Public Hearing held at
6:30 p.m.
2. Minutes of the February 11, 2013, Regular Meeting held
at 7:30 p.m.
3. Minutes of the February 18, 2013, Special Meeting held
at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
MAYOR PRO -TEM SUSAN SHERROUSE FROM THE
FEBRUARY 25, 2013, CITY COUNCIL REGULAR MEETING.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2013-38 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
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THE PURCHASE OF FURNITURE, FIXTURES AND
EQUIPMENT FOR THE FIRE/EMS DEPARTMENTS (OLD PD
RENOVATION). Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2013-43 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, SETTING A PUBLIC
HEARING ON AMENDMENTS TO THE LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN
ASSOCIATED WITH A PROPOSED IMPACT FEE INCREASE.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2013-44 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
AMENDED INTERLOCAL AGREEMENT WITH THE HARRIS
COUNTY PUBLIC RADIO SYSTEM. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. 2013-45 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR
HVAC/REFRIGERATOR SYSTEMS REPAIR SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to adopt Consent Agenda Items A through F 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: None.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000M-100 — 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 9.930 ACRES OF LAND,
LOTS 30-30A, OF THE ALLISON — RICHEY GULF COAST HOME COMPANY
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SUBDIVISION OF SECTION 20, OF THE H.T. & B. RAILROAD COMPANY
SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, (LOCATED AT 8809
BROADWAY, PEARLAND, TX), ZONE CHANGE 2013-04Z, A REQUEST OF
LISA MARINO, APPLICANT AND THE OLD PLACE INC., OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE
(NS) ZONE TO THE GENERAL BUSINESS (GB) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember
Owens, to approve Ordinance No. 2000M-100 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. 2013-04Z.
City Manager Bill Eisen reported if approved this zone change will allow
additional uses to be permitted by right at this location, including many uses
currently allowed only with an approved Conditional Use Permit. The proposed
zone change will be in conformance with the majority of other Commercially
Zoned property on Broadway.
Councilmember Sherman stated when a person comes to the City for a zone
change the person should be available at the Public Hearing and Council
Meeting when Council will be voting on the zone change. He further stated to be
consistent he will not be supporting the zone change.
Voting "Aye" Councilmembers Hill, Ordeneaux, and Sherrouse.
Voting "No" Councilmembers Sherman, and Owens.
Motion Passed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2013-37 — 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 REGARDING EXTRA TERRITORIAL JURISDICTION,
ANNEXATION AND DISPOSITION OF ASSETS. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-37.
City Manager Bill Eisen reported in 2000 the City authorized the creation of
Brazoria County Municipal Utility District No. 21 in its Extra Territorial Jurisdiction.
This was eventually developed as the Lakes of Savannah along SH 6. Upon
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creation of the District, a small portion of the boundaries crossed the annexation
strips of Pearland, Alvin, and extended into the ETJ of Iowa Colony. The District
and effected entities recognize the affected property can create problems when
the District is eventually annexed and dissolved. To eliminate the potential for
problems in the future, the parties have agreed to the terms of a proposed
agreement to adjust ETJ boundaries in a manner that would be consistent with
the original intent of the parties.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-42 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
SPECIAL EVENTS PERMIT FOR THE Y — FREEDOM TRIATHLON.
Ms. Colene Cabezas, Parks and Recreation Superintendent.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-42.
City Manager Bill Eisen reported Council is being asked to approve the Special
Event Permit based on the last five years of successful events and would like to
gain approval of the event for the next five years. This request is for the period of
June 2013 — June 2018.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-46 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TRANSFERRED
WATER AGREEMENT WITH THE COUNTRY PLACE MASTER COMMUNITY
ASSOCIATION. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-46.
City Manager Bill Eisen reported there is a significant value to the City of entering
into an agreement with the Association to provide water for the golf course.
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Keeping the golf course in operation has a positive impact on values of
residential property in the Country Place area. Ensuring that water is available
even in the event that a subsidence district is created or the existing well fails is
critical to maintaining the golf course as an asset to the area. The use of water
under the proposed agreement will have the added benefit of reducing costs to
the Association of maintaining the course.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2013-41 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN ELECTRIC UTILITIES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-41.
City Manager Bill Eisen reported Council is being asked to grant a perpetual
easement to Centerpoint Energy for Mary's Creek substation upgrade.
Discussion ensued between Council, City Manager Bill Eisen, and Centerpoint
Consultant Jermaine Davis regarding the expense of relocating lines and the
construction time frame.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-40 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN ELECTRIC UTILITIES. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember
Owens, to approve Resolution No. R2013-40.
City Manager Bill Eisen reported Council is being asked to grant an aerial
easement to Centerpoint Energy for the single residential developer.
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Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and
Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-39 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN ELECTRIC UTILITIES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember
Sherman, to approve Resolution No. R2013-39.
City Manager Bill Eisen reported Council is being asked to grant a blanket
easement to Centerpoint Energy for the Hickory Slough Detention/Sports Facility
Complex project.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and
Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1476 — 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. R2013-14; DESIGNATING
AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS
REINVESTMENT ZONE #24), 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. 1476 on its first reading.
City Manager Bill Eisen reported a Public Hearing was conducted on March 11,
2013 to create a reinvestment zone for properties located near intersection of
North Spectrum Boulevard and Kirby Drive. The zone must be formed before the
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City may enter into a Tax Abatement Agreement with any prospect that may
develop in the zone.
Voting "Aye" Councilmembers Owen, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at
8:19 p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY —
REGARDING THE ACQUISITION OF PROPERTY. Mr. Bill Eisen,
City Manager.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
EMPLOYMENT ISSUES. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:12 p.m.
COUNCIL ACTION — REGARDING THE ACQUISITION OF PROPERTY.
City Council.
No Council action taken.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED
WITH EMPLOYMENT ISSUES. City Council.
No Council action taken.
Meeting was adjourned at 9:13 p.m.
0
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Minutes approved as submitted and/or corrected this the 8th day of April A.D.
2013.
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