2013-05-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 13, 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 9:58 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Secretary
Tom Reid
Susan Sherrouse
Woody Owens
Scott Sherman
Keith Ordeneaux
Greg Hill
Bill Eisen
Darrin Coker
Maria Rodriguez
Others in attendance: Jon Branson Assistant City Manager; Vance Riley Fire Chief;
Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community
Development; Sparkle Anderson Public Affairs Manager; Harold Ellis Senior Planner.
RECOGNITIONS AND AWARDS: None.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
VI. CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING ORDINANCE NO. 2000CUP-63 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING A PLAT OF SURVEY OF A 0.6984 ACRE
TRACT BEING A PART OF LOT "A" OF WESTGATE PARK A
SUBDIVISION OF 9.575 ACRES OF LAND OUT OF LOTS 47 AND 48
OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 19 OF THE H. T. & B. RAILROAD
COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 16, PAGE 320, OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7929 BROADWAY
ST., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2013-02 TO ALLOW FOR THE OPERATION OF A MINOR
AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB)
DISTRICT AT THE REQUEST OF ESTEBAN V.RODRIGUEZ,
APPLICANT, ON BEHALF OF CONDOR AUTO CARE CENTER,
OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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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. 2000CUP-64 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING A TRACT CONTAINING 22.7711 ACRES OF
LAND SITUATED IN THE THOMAS J, GREEN SURVEY, ABSTRACT
NUMBER 198, BRAZORIA COUNTY, TEXAS, AND BEING OUT OF
AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS
DESCRIBED IN THE DEED TO MARION E. SATTEGEST, ET AL,
RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA
COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS.
(LOCATED AT THE NW CORNER OF BROADWAY ST. AND
PEARLAND PKWY., PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2013-03 TO ALLOW FOR AN AUTO WASH
— SELF SERVICE IN THE GENERAL BUSINESS (GB) DISTRICT AT
THE REQUEST OF LYLE HENKEL OF TERRA ASSOCIATES,
APPLICANT, ON BEHALF OF HEB GROCERY CO., LP. — TODD
PILAND, OWNER, 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. 2000M-101 — 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 .460 ACRE TRACT OF LAND OUT OF THE H.T. & B. R.R
COMPANY SURVEY, SECTION 11, ABSTRACT 239, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4608
WALNUT PEARLAND, TX), ZONE CHANGE 2013-06Z, A REQUEST
OF RICHARD GONZALEZ, APPLICANT AND OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY (R-
2) ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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.
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D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1480 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 9.779 ACRES OF LAND. Mr. Darrin Coker, City
Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-102 — 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 30.7935 ACRE (1,341,365 SQUARE FOOT) TRACT OF
LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT
NUMBER 198 IN BRAZORIA COUNTY, TEXAS, AND BEING OUT OF
AND A PART OF THE CALLED 118.775 ACRE TRACT OF LAND
DESCRIBED IN DEED TO MARION E. SETTEGAST, ET AL AS
RECORDED IN VOLUME 1421, PAGE 25 OF THE BRAZORIA
COUNTY DEED RECORDS, SAID 31.3165 ACRE TRACT OF LAND.
(LOCATED APPROXIMATELY 700' NORTH OF BROADWAY ON
PEARLAND PKWY, PEARLAND, TX), ZONE CHANGE 2013-07Z, A
REQUEST OF CHRISTY SMIDT (KERRY G. GILBERT & ASSOC.),
APPLICANT AND BEEMAN E. STRONG (FOR THE SETTEGAST
FAMILY), OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE PLANNED DEVELOPMENT (PD) 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.
Ms. Lata Krishnarao, Director of Community Development.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1467-A(3) — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL
BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO
FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND
AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
remove Consent Agenda Items A thru F from the Consent Agenda for further
discussion.
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Councilmember Sherman stated he is not comfortable with first and second readings of
Ordinances on the same night. He further stated the purpose of a second reading is to
allow citizens to learn what was done on the first reading and to allow for comment.
Mayor Reid stated Items A thru F have been removed from the Consent Agenda and
will be treated as standalone items under New Business.
NEW BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP-63 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A
PLAT OF SURVEY OF A 0.6984 ACRE TRACT BEING A PART OF LOT "A" OF
WESTGATE PARK A SUBDIVISION OF 9.575 ACRES OF LAND OUT OF LOTS 47
AND 48 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 19 OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT
243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 16, PAGE 320, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (LOCATED AT 7929 BROADWAY ST., PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-02 TO ALLOW FOR THE
OPERATION OF A MINOR AUTO REPAIR FACILITY IN THE GENERAL BUSINESS
(GB) DISTRICT AT THE REQUEST OF ESTEBAN V.RODRIGUEZ, APPLICANT, ON
BEHALF OF CONDOR AUTO CARE CENTER, 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 Councilmember Hill, to approve
Ordinance No. 2000CUP-63 on its second and final reading.
City Manager Bill Eisen stated he has no additional comments to add to the comments
he stated in the 7:00 p.m. Council Meeting.
Voting "Aye" Councilmembers Owens, Sherrouse, and Ordeneaux.
Voting "No" Councilmembers Sherman and Hill.
Motion Passed 3 to 2.
SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP-64 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A
TRACT CONTAINING 22.7711 ACRES OF LAND SITUATED IN THE THOMAS J,
GREEN SURVEY, ABSTRACT NUMBER 198, BRAZORIA COUNTY, TEXAS, AND
BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS
DESCRIBED IN THE DEED TO MARION E. SATTEGEST, ET AL, RECORDED IN
VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS,
BRAZORIA COUNTY, TEXAS. (LOCATED AT THE NW CORNER OF BROADWAY
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ST. AND PEARLAND PKWY., PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2013-03 TO ALLOW FOR AN AUTO WASH — SELF
SERVICE IN THE GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF LYLE
HENKEL OF TERRA ASSOCIATES, APPLICANT, ON BEHALF OF HEB GROCERY
CO., LP. — TODD PILAND, 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 Ordinance No. 2000CUP-64 on its second and final reading.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
SECOND AND FINAL READING OF ORDINANCE NO. 2000M-101 — 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.460 ACRE TRACT OF LAND
OUT OF THE H.T. & B. R.R COMPANY SURVEY, SECTION 11, ABSTRACT 239,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4608 WALNUT
PEARLAND, TX), ZONE CHANGE 2013-06Z, A REQUEST OF RICHARD GONZALEZ,
APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
SINGLE FAMILY (R-2) ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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 Ordeneaux,
to postpone Ordinance No. 2000M-101 to the next scheduled Council Meeting.
Councilmember Owens stated his concern on postponing Ordinance No. 2000M-101. It
was discussed in the Workshop and the 7:00 p.m. Agenda Meeting. The applicant and
owner, Richard Gonzalez did not have a problem regarding the commercial use and
restrictions placed on his business.
Councilmember Ordeneaux stated he does not like having two readings on the same
night.
Councilmember Sherman stated if he votes "No" on some of the items it does not mean
he does not agree. It is based on the purpose of having a second reading so citizens
may comment.
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Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" Councilmember Owens.
Motion Passed 4 to 1.
SECOND AND FINAL READING OF ORDINANCE NO. 1480 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF
9.779 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Sherrouse,
to approve Ordinance No. 1480 on its second and final reading.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 2000M-102 — 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 30.7935 ACRE (1,341,365
SQUARE FOOT) TRACT OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY,
ABSTRACT NUMBER 198 IN BRAZORIA COUNTY, TEXAS, AND BEING OUT OF
AND A PART OF THE CALLED 118.775 ACRE TRACT OF LAND DESCRIBED IN
DEED TO MARION E. SETTEGAST, ET AL AS RECORDED IN VOLUME 1421, PAGE
25 OF THE BRAZORIA COUNTY DEED RECORDS, SAID 31.3165 ACRE TRACT OF
LAND. (LOCATED APPROXIMATELY 700' NORTH OF BROADWAY ON PEARLAND
PKWY, PEARLAND, TX), ZONE CHANGE 2013-07Z, A REQUEST OF CHRISTY
SMIDT (KERRY G. GILBERT & ASSOC.), APPLICANT AND BEEMAN E. STRONG
(FOR THE SETTEGAST FAMILY), OWNER, FOR APPROVAL OF A ZONE CHANGE
FROM THE PLANNED DEVELOPMENT (PD) 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.
Ms. Lata Krishnarao, Director of Community Development.
Councilmember Hill made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 2000M-102 on its second and final reading.
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Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Owens.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
SECOND AND FINAL READING OF ORDINANCE NO. 1467-A(3) — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to
postpone Ordinance No. 1467-A(3) to the next scheduled Council Meeting.
Voting "Aye" Councilmembers Owens, 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 10:16
p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY
— REGARDING CONFIDENTIAL LEGAL ADVICE ASSOCIATED
WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION
REGARDING THE HIRING OF A DIRECTOR OF PUBLIC
WORKS FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City
Manager.
3. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION
REGARDING THE CITY MANAGER'S 2013 - 2014 ANNUAL
GOALS. Mr. Bill Eisen, City Manager.
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NEW BUSINESS CONTINUED:
Council returned from Executive Session at 11:16 p.m.
COUNCIL ACTION — REGARDING CONFIDENTIAL LEGAL ADVICE ASSOCIATED
WITH MUNICIPAL UTILITY DISTRICTS. City Council.
No Council action taken.
COUNCIL ACTION — REGARDING THE HIRING OF A DIRECTOR OF PUBLIC
WORKS FOR THE CITY OF PEARLAND. City Council.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux,
to approve the hiring of the candidate for Director of Public Works as discussed in
Executive Session.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE CITY MANAGER'S 2013 - 2014 ANNUAL
GOALS. City Council.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Ordeneaux,
to approve the City Manager's 2013 — 2014 annual goals as discussed in Executive
Session.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 9 — 5/13/2013 — 7:30 PM
ADJOURNMENT
Meeting was adjourned at 11:19 p.m.
Minutes approved as submitted and/or corrected this the 8th day of July, A.D., 2013.
ATTEST:
i • Ways
1
"14
Tom Reid
Mayor
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