HomeMy WebLinkAbout2012-09-17 CITY COUNCIL REGULAR MEETINGMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 17, 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 8:10 p.m. with the following present:
Mayor Tom Reid
Mayor Pro-Tem Susan Sherrouse
Councilmember Woody Owens
Councilmember Scott Sherman
Councilmember Keith Ordeneaux
Councilmember Greg Hill
City Manager Bill Eisen
City Attorney Darrin Coker
City Secretary Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; Danny Cameron Director of Public Works; J.C.
Doyle Police Chief; Mike Hodge Assistant City Manager; Lata Krishnarao Director of
Community Development; Claire Bogard Finance Director; Michelle Smith Director of
Parks and Recreation.
The invocation was given by Councilmember Greg Hill and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
Mayor Reid, City Manager Bill Eisen, Director of Parks and Recreation Michelle Smith,
Athletic Coordinator Charles Payton presented the Texas Amateur Athletic Federation
award to Macey Braswell and Noah Thomas.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported August 28, he attended the City's Presentation for Congressman
Pete Olson; August 29, he attended the Gulf Coast Water Authority Pumping Station
Tour, Luby's/Fuddruckers Ribbon Cutting; August 30, he attended the Pearland
Economic Development Board of Directors Meeting; August 31 to September 2, he
rooted for his Granddaughter at her Volleyball Tournament; September 4, he attended
the City of Pearland City Council Workshop; September 6, he attended the Port of
Houston Petrochemical Outlook Conference; September 8, he attended Pearl Theater
Open House, Corks and Canvas Showing; September 10, he attended the City of
Pearland Agenda Meeting, Audit Committee Meeting, City of Pearland Council
Workshop and Public Hearing; September 11, he attended the Intermediate Medical
Care Ribbon Cutting, the Employee of the Quarter Luncheon with City of Pearland
Employee Monica Eaton; September 12, he attended the Adult Reading Center Board
of Directors Meeting; September 13, he attended and spoke at the Community Assistant
Program of Pearland Monthly Meeting; September 14, he attended the Pearland
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Chamber of Commerce Breakfast, he attended the Employee of the Quarter Luncheon
for City of Pearland Employee Ethan Zanner; September 16, he presented a Certificate
of Appreciation to Dr. Harold Gentry - Majestic Church; September 17, he attended the
City of Pearland Agenda Meeting, the Longhorn Steak House Ribbon Cutting, the
Development Authority of Pearland Board Meeting, and City of Pearland Regular
Council Meeting.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported he attended the State Highway 288 Partnership Board
Meeting; he attended the Capital Bank Board Meeting at the Federal Reserve Building,
and had the opportunity to visit with Art Storey head of Infrastructure for Harris County.
Councilmember Sherman reported on September 8, he attended Keep Pearland
Beautiful Trash Off; September 12, he attended the Adult Reading Center Board
Meeting and was re-elected as Chair of the Board, he announced on October 26, the
Adult Reading Center will have their Annual Golf Tournament; September 16, he
attended the HEB Cake Off, all proceeds went to the Adult Reading Center.
Mayor Pro-Tem Sherrouse reported on September 8, she attended the Keep Pearland
Beautiful Trash Off; she and her husband are taking the Citizens Police Academy Class
and had the opportunity to do a mock traffic stop and building search, that night a ride
along with a Pearland Police Officer; she attended the Silver Lake Lion's Club Meeting.
Councilmember Ordeneaux stated another good program that is having their kick off
meeting tonight is Leadership In Pearland; the past couple of weeks he worked with the
Fire Department on radio testing; September 13, he attended the Texas Department of
Emergency Management Meeting; September 14, he attended the Safe Route to
School Program; September 15, he was blessed to give the welcome to Delta Kappa
Gamma Sorority at Berry Miller Junior High.
Councilmember Hill reported on September 8, he attended the Cook Off at Billy's Hall
and judged the beans portion of the Cook Off; September 9, he attended the Pearland
Area Republican Club East Grand Opening.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported on September 19, there will be an Infrastructure
Workshop for Brazoria County. Mr. Eisen stated he and Assistant City Manager Mike
Hodge will be presenters at the Workshop.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
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CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the July 23, 2012, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER SCOTT SHERMAN FROM AUGUST 27, 2012,
CITY COUNCIL REGULAR MEETING. City Council.
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Sherrouse, to
adopt Consent Agenda Items A through 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: None.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000M-87 — 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 17.7063 ACRE (771,287 SQUARE FEET) TRACT OF LAND OUT
OF THE R. T. BLACKBURN SURVEY, ABSTRACT 160, HARRIS COUNTY, TEXAS;
AND BEING OUT OF AND A PORTION OF LOT 22 AND LOT 30 OF THE ORCHARD
RIDGE ADDITION TO ALMEDA AS RECORDED BY PLAT FILED IN VOLUME 64,
PAGE 7 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND BEING ALL
OF AND THE SAME AS THE CERTAIN CALLED 7.410 ACRE TRACT OF LAND AND
ALL OF AND THE SAME AS THE CERTAIN CALLED 0.400 ACRE TRACT OF LAND,
BOTH AS CONVEYED TO CSBWMD ALL TERRAIN VEHICLES, INC., IN WARRANTY
DEED DATED SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327774
OF THE CLERK'S FILES OF HARRIS COUNTY, TEXAS; AND BEING ALL OF THE
SAME AS THAT CERTAIN CALLED 9.896 ACRE TRACT OF LAND AS CONVEYED
TO CSBWMD ALL TERRAIN VEHICLES, INC., IN WARRANTY DEED DATED
SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327773 OF THE
CLERK'S FILES OF HARRIS COUNTY, TEXAS. (LOCATED AT 322 RILEY ROAD,
PEARLAND, TEXAS), ZONE CHANGE 2012-05Z, A REQUEST OF DANIEL FRAYNE,
APPLICANT, ON BEHALF OF JDI VENTURES, INC., OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE SPECTRUM DISTRICT (DISTRICT S5) (SP5) ZONE TO
THE LIGHT INDUSTRIAL (M-1) ZONE, PROVIDING FOR AN AMENDMENT OF THE
ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Ms. Lata Krishnarao, Director of Community Development.
Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse, to
approve Ordinance No. 2000M-87 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council to deny Application No. 2012-05Z.
City Manager Bill Eisen reported this is a request for approval of a zone change from
Spectrum District S5, SP5 zone to Light Industrial, M-1 zone for 17, 7063 acres. Mr.
Eisen stated in a recent meeting the Planning and Zoning Commission voted on this
request and it failed by a vote of 1 to 4. That results in a negative recommendation to
City Council which requires 3/4 vote or 4 affirmative votes of City Council to approve the
requested change.
Patrick Mahoney, 17171 Park Row, Suite 160, and Kevin Cole, 3808 Houston Lake
Drive. Mr. Cole addressed Council stating he and Mr. Mahoney are representing the
applicant/owner for JDI Ventures, Inc. He is requesting Council to move forward with a
positive vote to approve the zone change to M-1. With the zone change it would give
the building a chance to be put back into production.
Councilmember Owens stated the location is appropriate for the zone change; however
the building will need to be brought up to code.
Councilmember Sherman stated anything to get the building up to functioning ability will
be a positive for the City.
Mayor Pro-Tem Sherrouse stated manufacturing or light industrial use would be
appropriate for this piece of property.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-88 — 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 SURVEY OF TWO TRACTS OF LAND BEING A 101.1405 ACRE
TRACT OUT OF LOTS 64 & 74 OF THE W. ZYCHLINSKI SUBDIVISION LOCATED IN
SECTION 2 OF THE H. T. & B. R. R. CO. SURVEY, A-542 AND OUT OF LOTS 70, 75,
& 79 OF THE W. ZYCHLINSKI SUBDIVISION LOCATED IN SECTION 3 OF THE H. T.
& B. R. R. CO. SURVEY, A-232 AND A TRACT OF LAND BEING A 2.500 ACRE
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TRACT OUT OF LOT 64 OF THE W. ZYCHLINSKI SUBDIVISION LOCATED IN
SECTION 2 OF THE H. T. & B. R. R. CO. SURVEY, A-542, BRAZORIA COUNTY,
TEXAS. (LOCATED AT 1310 N. MAIN, PEARLAND, TEXAS), ZONE CHANGE 2012-
06Z, A REQUEST OF SOUTH PARK FUNERAL HOME, OWNER AND APPLICANT,
FOR APPROVAL OF A ZONE CHANGE FROM THE LIGHT INDUSTRIAL (M-1) ZONE
TO THE GENERAL COMMERCIAL (GC) 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.
Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-88 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. 2012-06Z.
City Manager Bill Eisen reported this is a request of South Park Funeral Home, owner
and applicant for approval of a zone change from Light Industrial zone to General
Commercial zone.
Discussion ensued between Council and City Manager Bill Eisen regarding how South
Park Funeral Home was zoned as Light Industrial.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1467 — AN APPROPRIATION ORDINANCE
ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2012 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2012, AND ENDING SEPTEMBER 30, 2013, AND PAY PLANS FOR FISCAL YEAR
2013. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Ordinance No. 1467 on its First Reading.
City Manager Bill Eisen reported Council is being asked to approve Ordinance No. 1467
adopting a revised budget for fiscal year 2011-2012, adopting a budget for the 2012-
2013 fiscal year and adopting the fiscal year 2012-2013 pay plans.
Discussion ensued between Council and City Manager Bill Eisen regarding Council's
appreciation to City Staff for the hard work that was done on the budget. There were
questions regarding the Tree Trust and funds for sidewalks.
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Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1468 — AN ORDINANCE ADOPTING A TAX
RATE OF $0.7051 AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND
PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2012. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1468 on its First Reading.
City Manager Bill Eisen reported Council is being asked to approve the tax rate of
$0.7051, which is a property tax increase over the effective tax rate of 4.73% and
levying taxes for the use and support of the Municipal Government of the City of
Pearland. Mr. Eisen stated a motion with the specific required wording would be
appropriate at this time.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1468 on its First Reading of a tax increase over the effective tax
rate of 4.73% to the tax rate of $0.7051.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1358-8 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON -DEVELOPMENT
USAGE AND SERVICE FEES (UTILITY BILLING FEES FOR CUSTOMERS OUTSIDE
THE CITY LIMITS); CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1358-8 on its First Reading.
City Manager Bill Eisen reported Council is being asked to amend the non -development
fee schedule.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
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Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1023-3 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING DEVELOPMENT AND
PERMIT FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse, to
approve Ordinance No. 1023-3 on its First Reading.
City Manager Bill Eisen reported Council is being asked to adopt the proposed fees as
discussed in the 2012-2013 Budget.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1210-2012 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23,
PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1.1,
ENTITLED LOCAL AMENDMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE. Mr. Mike Ingalsbe, Building Official.
Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1210-2012 on its First Reading.
City Manager Bill Eisen reported this is an amendment to Chapter 23, Plumbing and
Gas, of the City's Code of Ordinances with respect to connection to City water.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION RESOLUTION NO. R2012-131 — 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 BRAZORIA COUNTY. Mr. Danny Cameron, Director of Public Works.
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Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2012-131.
City Manager Bill Eisen reported this is the annual Interlocal Agreement between the
City and County that covers the construction, maintenance, improvement and repair
activities on certain streets in the City. The City will provide the materials and the
County will provide the equipment and labor for work performed under this agreement.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive session under Texas Government Code at 9:11
p.m. to discuss the following:
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
THE CITY ATTORNEY'S COMPENSATION. Mayor Tom Reid.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:42 p.m.
COUNCIL ACTION — REGARDING THE CITY ATTORNEY'S COMPENSATION.
City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:43 p.m.
Minutes approved as submitted and/or corrected this the 8th •f October, A.D.,
2012.
4411
ATTEST:
Tom Reid
Mayor
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