2013-12-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 9, 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 7:54 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Keith Ordeneaux
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmember Susan Sherrouse.
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; Eric Wilson Public Works Director; Vance Riley
Fire 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; Vance Riley
Fire Chief; Sparkle Anderson Communications Manager; Harold Ellis City Planner;
Skipper Jones Assistant Director of Capital Projects; Bob Pearce Purchasing Officer.
The invocation was given by Councilman Ordeneaux and the Pledge of Allegiance to
the American and Texas Flags was led by Mike Hodge Assistant City Manager.
RECOGNITIONS AND AWARDS: None.
Mayor Reid recognized and thanked the Youth Action Council students for attending the
City Council Meeting.
CITIZENS:
Dorothy Smith, Pearland, Texas, addressed Council stating she has been a part of the
school system for two years. She is speaking on behalf of her school colleagues
concerning the educational process. There needs to be a wakeup call concerning
discipline in the school system. She stated she has been a victim of students using
profanity, misconduct and having no control in the class room. These students
represent our future. The discipline problems are so escalated the teachers cannot
teach the students that are there to learn. She stated 53% of teachers are very
discouraged with the lack of discipline in the schools.
DOCKETED PUBLIC HEARING: None.
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CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the November 11, 2013 Regular Meeting, held at 7:30
p.m.
2. Minutes of the November 11, 2013 Special Meeting, held at 6:00
p.m.
3. Minutes of the November 18, 2013 Special Meeting, held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE
ABSENCE OF COUNCILMEMBER GREG HILL FROM THE
REGULAR COUNCIL MEETING HELD ON NOVEMBER 25, 2013.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF MARK L. LEWIS TO POSITION NO. 2 AND
JERRY A. ACOSTA TO POSITION NO. 5 TO SERVE ON THE
ZONING BOARD OF ADJUSTMENTS WITH THE TERMS EXPIRING
NOVEMBER 1, 2015. City Council.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-203 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING SEPTEMBER 2013.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-204 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF FIRE BUNKER GEAR. Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through E, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 2 of 9 — 12/9/2013
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000-T-16 — 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. Ms.
Lata Krishnarao, Director of Community Development and Mr. Harold Ellis, City
Planner.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 2000-T-16 on its first reading as amended.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council for approval of the 2000-T-16 Amendments.
Director of Community Development Lata Krishnarao reported Council is being asked
for approval to create changes in the Garden/O'Day District. By allowing a Conditional
Use Permit (CUP) that would allow all M-1 or M-2 activities to be allowed only within
those properties. As well as the regulations associated with the M-1 and M-2 Districts.
This would keep the Garden/O'Day Mixed Use District intact and provide for an
underlying zone. This would still allow the property owner to sell the property to
someone who wished to continue the same business or another activity allowed under
the M-1 or M-2 District.
Steve Harvey, 2229 Melanie Lane, addressed Council stating he thought when the City
zoned the area as light industrial it was to limit the type of businesses due to residential
closeness. He moved into the neighborhood with the understanding of the zoning, and
is willing to live with the light industrial zoning. He further stated he is unhappy with the
idea of the City changing the rules to allow larger industrial businesses in the
neighborhood.
Andrew Hinojosa, 17210 Berry Road, addressed Council stating he is currently a
Manager of Lewis Auto Service. Lewis Auto Service owns a piece of property in the
Garden/O'Day area and because of the zoning it is useless. We would appreciate the
zone change which would allow Lewis Auto to extend the business to include that
property.
James Leach, 4619 Sylvia Lane, addressed Council stating he is the owner of Lewis
Auto Service. He stated he owns some property in the Garden/O'Day area. He further
stated the way the area is zoned he is not able to use or sell the property. He is
speaking tonight to be able to utilize the property, operate his business to make a living
and not cause any problems.
Christian Leach, 5009 Apple Springs Drive, addressed Council stating he is also a
Manager of Lewis Auto Service. He stated he is asking for a chance to continue the
business and serve the community the way they have been for the last twenty years.
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Margie Perry, 2154 Melanie Lane, addressed Council stating she has lived on Melanie
Lane for forty four years. She further stated she is concerned and against the zone
change.
Bill Perry, 2154 Melanie Lane, addressed Council stating he is against this zone
change. He further stated he has ninety one signatures of neighbors that are against
having a storage and transmission yard behind their homes.
Alice Moore, 6206 Kelly, addressed Council stating she and her family moved to
Pearland in 1965 before O'Day Road existed. She further stated she has seen and
expected growth. She further stated she is against the zone change in her
neighborhood.
Lola Ditta, 2050 Melanie Lane, addressed Council stating at the present time the
neighborhood is nice and quiet and she would like for it to stay that way. She further
stated she is against the zone change.
Frank Ditta, 2050 Melanie Lane, addressed Council stating he has lived on Melanie
Lane for forty four years and he is against this zone change. He further stated the
neighborhood has been nice all these years and does not want to see it change.
Director of Community Development Lata Krishnarao presented some historic
information regarding the Unified Development Code.
Councilmember Sherman stated it is important the residents understand Council will not
be making a decision tonight regarding a certain zone change. The issue tonight is in
regards to specific changes of the Unified Development Code.
Discussion ensued between Council and Director of Community Development Lata
Krishnarao regarding how the proposed changes differ from what currently can be done
on the property around the subdivision.
Councilmember Carbone stated the Conditional Use Permit (CUP) process is what
gives him comfort with this change.
Director of Community Development Lata Krishnarao gave a brief explanation on the
Conditional Use Permit (CUP) process.
Mayor Pro -Tem Hill stated this suggestion appears to be more beneficial to the
residents. He further stated a new business coming in would have to come before the
City in the form of a Conditional Use Permit (CUP).
Councilmember Sherman amended the motion, seconded by Councilmember
Ordeneaux to change the recommendation regarding Garden O'Day to the alliterated
proposal based on Council feedback.
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City Attorney Darrin Coker stated this will require a super majority vote. It was
discussed with the Planning and Zoning Commission and they did not approve the
alternative proposal. With the absence of Councilmember Sherrouse it will require a
majority of Council present 3 out of 4.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
FIRST READING OF ORDINANCE NO. CUP2013-10 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LEGALLY
DESCRIBED AS LOT 1, BLOCK 1, CVS SHERWOOD, RECORDED IN VOLUME 24,
PAGE 170, B.C.P.R., BEING OUT OF THOMAS J. GREEN SURVEY, A-198,
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS (LOCATED AT 2906
BROADWAY ST., PEARLAND, TX), FOR A CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2013-10 TO ALLOW AN EMERGENCY CARE CLINIC
WITHIN THE GENERAL BUSINESS RETAIL (GB) DISTRICT AT THE REQUEST OF
GREG MCGAHEY, APPLICANT FOR CVS PHARMACY, 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.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. CUP2013-10 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. 2013-10.
City Manager Bill Eisen reported Council is being asked for approval of the Conditional
Use Permit (CUP 2013-10) to allow the operation of an Emergency Care Clinic to be
developed in accordance with the site plan, as submitted by the applicant, and all
applicable City requirements.
Page 5 of 9 — 12/9/2013
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-182 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A SOLID WASTE AND
RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS. Mr. Bill Eisen,
City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2013-182.
City Manager Bill Eisen reported Council is being asked to approve the amendment to
the Commercial and Residential Solid Waste and Recycling Contract.
Discussion ensued between Council and City Manager Bill Eisen regarding the monthly
residential rate.
Discussion ensued between Council and Waste Management Representative Thane
Harrison regarding residents having a choice of a recycle cart or bin and the effective
date of the amended services.
Councilmember Carbone stated he is all for recycling and looking forward to receiving a
recycle cart. He further stated Keep Pearland Beautiful has done a great job with the
litter pickup and education on recycling in Pearland. He asked for clarification of the
funding mechanism between Keep Pearland Beautiful and Waste Management.
Director of Finance Claire Bogard gave a brief overview of the funding mechanism.
Councilmember Carbone stated in the near future he would like to see all organizations
receiving tax dollars to be accountable to the City of Pearland. He further stated he
would like to analyze amending the contract between Keep Pearland Beautiful and the
City of Pearland that possibly Keep Pearland Beautiful can offset part of the cost of the
recycling carts.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 6 of 9 — 12/9/2013
FIRST READING OF ORDINANCE NO. 1496 — 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 #25), 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 Carbone made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1496 on its first reading.
City Attorney Darrin Coker reported a Public Hearing was conducted on December 9,
2013 to create a reinvestment zone for property located on the east side of Kirby Drive,
north of the Pearland Medical Plaza and Surgery Center. The zone must be formed
before the City may enter into a Tax Abatement Agreement with any prospect that may
develop in the zone. The second reading of the Ordinance will be considered on
December 16, 2013 and a tax abatement agreement will be considered in January
2014.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-201 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN OFFER FOR THE
TAX RESALE OF CERTAIN PROPERTY LOCATED IN THE CITY. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-201.
City Manager Bill Eisen stated approving the sale of the property located at Custer
Lane, Tract 2 will get the property back on the tax rolls.
Voting "Aye" Councilmembers Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 7 of 9 — 12/9/2013
COUNCIL ACTION — RESOLUTION NO. R2013-200 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN OFFER FOR THE
TAX RESALE OF CERTAIN PROPERTY LOCATED IN THE CITY. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Ordeneaux, to
approve Resolution No. R2013-200.
City Manager Bill Eisen reported approving the sale of the property located at 1102
Glenda, Block 1, Lot 1 will get the property back on the tax rolls.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
COUNCIL ACTION — RESOLUTION NO. R2013-202 — 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 2014 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor
Tom Reid.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2013-202.
Councilmember Ordeneaux amended the motion, seconded by Councilmember
Sherman, to designate Mayor Tom Reid as Representative and Councilmember Scott
Sherman as Alternate of the General Assembly of the Houston -Galveston Area Council
for the year 2014.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
Page 8 of 9 — 12/9/2013
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 9:15 p.m.
to discuss the following:
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY — CITY FACILITIES.
Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:37 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:37 p.m.
Minutes approved as submitted and/or corrected this the 27th day of January, A.D.,
2014.
�FSe tary
Tom Reid
Mayor
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