2007-09-24 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 24, 2007, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:40 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Steve Saboe
Woody Owens
Helen Beckman
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron
Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief;
Trent Epperson Project Director; Nick Finan Assistant City Manager; Roland Garcia Fire
Marshal; Mary Hickling Director of Human Resources and Safety Management; Mike
Hodge Assistant City Manager; Paul Jamison Fire Chief; Lata Krishnarao Planning
Director; Narciso Lira City Engineer; Claire Manthei Finance Director; Jeff Sundseth
EMS Operations Director; Fred Welch Executive Director of Economic Development
Corporation.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. 2007-144 — A RESOLUTION OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT
AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2007; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST,
PURCHASE CONTRACT AND OTHER DOCUMENTS RELATING TO THE BONDS;
MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED
THERETO. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-144.
City Manager Bill Eisen stated the Development Authority of Pearland Board met and
authorized the sale of an annual installment of bonds to reimburse a developer in
Shadow Creek Ranch.
Page 1 of 9 — 9/24/2007
Ryan O'Hara, RBC Capital Markets, stated September 17, 2007 the Development
Authority of Pearland approved the issuance of $15,185,000 in tax increment contract
revenue bonds. This is the fourth issuance of the authority and the proceeds from the
bonds will be used to reimburse the developer approximately $14.0 million pursuant to
the TIRZ financing plan and budget and issuance costs. The Authority has issued
$48,925,000 in bonds, including Series 2007 and will have reimbursed the developer
$42,488,500 from these bonds. Another $2,954,000 has been reimbursed with cash
and a cash reimbursement totaling approximately $2.2 million is planned for October
2007. The plan, as amended, estimates that throughout the life of the TIRZ, the
Authority will issue bonds sufficient to finance total infrastructure projects costs of
approximately $169 million.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION OF:
A. ORDINANCE NO. 2000M-39 — 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 32.245 ACRES TOTAL; 12.080
ACRES OF LAND, LOCATED IN THE J. CRAWLEY SURVEY,
ABSTRACT 174, MORE PARTICULARLY BEING A PART OF THAT
CERTAIN CALLED 18.854 ACRE TRACT CONVEYED TO SHADOW
CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP,
BY INSTRUMENT OF RECORD UNDER DOCUMENT NO. 2005068215
AND 2005072254, AND ALL OF THAT CERTAIN CALLED 6.2961 ACRE
TRACT CONVEYED TO SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP, BY INSTRUMENT OF RECORD
UNDER FILE NO. 02-065730, OFFICIAL RECORDS OF BRAZORIA
COUNTY; AND 20.165 ACRES OF LAND, LOCATED IN THE T.C.R.R.
COMPANY SURVEY, SECTION 4, ABSTRACT 675, AND THE WILLIAM
MORRIS SURVEY, ABSTRACT 344, BEING ALL OF THAT CALLED 20.0
ACRE TRACT DESCRIBED IN DEED TO SHADOW CREEK RANCH
DEVELOPMENT COMPANY, L.P., AND RECORDED IN FILE NO. 03-
007443 , OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY; ALL
IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY
288, SOUTH OF MEDICAL CENTER DRIVE, AND NORTH OF
BROADWAY STREET), (ZONE CHANGE APPLICATION NO. 2007-11Z),
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FROM GENERAL BUSINESS RETAIL DISTRICT (GB) AND BUSINESS
PARK DISTRICT — 288 (BP -288) TO PLANNED DEVELOPMENT
DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, APPLICANT FOR SHADOW CREEK RANCH
DEVELOPMENT COMPANY, OWNER, 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; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND
WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager.
B. ORDINANCE NO. 2000M-37 — 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 1.700 ACRES OF LAND, BEING
THE RESIDUE OF THAT CERTAIN TRACT DESCRIBED IN VOLUME
716, PAGE 561, DEED RECORDS, AND BEING PART OF BLOCK 17 OF
THE FIGLAND ORCHARD SUBDIVISION NO. 1, ABSTRACT 240, H.T. &
B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF WAGON TRAIL
ROAD, AND APPROXIMATELY 900 FEET NORTH OF FITE ROAD),
(ZONE CHANGE APPLICATION NO. 2007-09Z), FROM SINGLE
FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO GENERAL
COMMERCIAL DISTRICT (GC), AT THE REQUEST OF ASUNCION M.
ESPARZA, OWNER, 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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF
THE CITIZENRY. Mr. Nick Finan, Assistant City Manager.
C. ORDINANCE NO. 943-14 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS
A GUIDE FOR PRESERVING A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A
Page 3 of 9 — 9/24/2007
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan,
Assistant City Manager.
D. ORDINANCE NO. 2000-T-4 — 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; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
adopt New Business No. 2 Items A through D with the exception of item B.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
B. ORDINANCE NO. 2000M-37 — 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 1.700 ACRES OF LAND, BEING
THE RESIDUE OF THAT CERTAIN TRACT DESCRIBED IN VOLUME
716, PAGE 561, DEED RECORDS, AND BEING PART OF BLOCK 17 OF
THE FIGLAND ORCHARD SUBDIVISION NO. 1, ABSTRACT 240, H.T. &
B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF WAGON TRAIL
ROAD, AND APPROXIMATELY 900 FEET NORTH OF FITE ROAD),
(ZONE CHANGE APPLICATION NO. 2007-09Z), FROM SINGLE
FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO GENERAL
Page 4 of 9 — 9/24/2007
COMMERCIAL DISTRICT (GC), AT THE REQUEST OF ASUNCION M.
ESPARZA, OWNER, 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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF
THE CITIZENRY. Mr. Nick Finan, Assistant City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 2000M-37 on its first and only reading.
Mayor Reid stated this item was denied by the Planning and Zoning Commission.
Voting "Aye" None.
Voting "No" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Motion Failed 0 to 5.
FIRST AND ONLY READING OF ORDINANCE NO. 2000M-38 — 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 9.618 ACRES OF LAND, LOT 28, SECTION 9, OF
THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION PART OF
SUBURBAN GARDENS, AS RECORDED IN VOLUME 2, PAGES 23 AND 24, OF THE
BRAZORIA COUNTY MAP RECORDS, ALSO BEING WITHIN THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 234, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF MAX ROAD, AND
APPROXIMATELY 1,700 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE
CHANGE APPLICATION NO. 2007-12Z), FROM LIGHT INDUSTRIAL DISTRICT (M-1)
TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF
NORTHWINDS CONSTRUCTION, APPLICANT FOR GARTNER INTERESTS,
OWNER, 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; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant
City Manager.
Page 5 of 9 — 9/24/2007
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 2000M-38 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2007-12Z.
City Manager Bill Eisen stated this item involves a Planned Development that Council
has held a previous Workshop on.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-146 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE
PEARLAND AREA CHAMBER OF COMMERCE FOR MARKETING AND TOURISM
SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2007-146.
City Manager Bill Eisen stated this item is a continuation of an existing contract with the
Pearland Convention and Visitors Bureau which has been very successful in the past.
Director of the Pearland Convention and Visitors Bureau Bryan Roller stated the budget
has been increased in several areas including funds to cover salary increases and
additional personnel for growth. The fulfillment item has been increased to cover
increases in publication requests and postage increases.
Councilmember Cole asked what the new line item for Sports Marketing/Bid Fees will
include.
Director of the Pearland Convention and Visitors Bureau Bryan Roller stated this is a
project with Parks and Recreation to bring events such as sports tournaments to the
City.
Mayor Reid stated he is impressed with the work the Convention and Visitors Bureau
has done this year and believes it will on improve in the future.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Page 6 of 9 — 9/24/2007
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-148 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING
SERVICES ASSOCIATED WITH THE TOWN DITCH DRAINAGE PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2007-148.
City Manager Bill Eisen stated this item is a project included in the most recent bond
election. The preliminary engineering was completed by Carter and Burgess, Inc. and
the project is now ready to move ahead with the complete design.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-147 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 2 ASSOCIATED WITH THE DIXIE FARM ROAD EXPANSION.
Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-147.
City Manager Bill Eisen stated this item is an engineering contract with Freese Nichols,
Inc. for completion of the design for Phase II of the Dixie Farm Road Expansion Project.
Project Director Trent Epperson stated TxDOT has committed to a completion date of
some time next summer. One issue is getting all the pipeline relocations completed. If
this contract is approved Staff will need to review different design options to solve
conflicts between the storm sewer and the oil and gas pipelines. This contract will cover
some alternative designs to solve this issue.
Discussion ensued between Council and Project Director Trent Epperson regarding the
project.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Page 7 of 9 — 9/24/2007
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2007-149 - A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES
FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD
OF DIRECTORS. Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-149.
City Manager Bill Eisen stated this item is the process when a Boardmember for the
Brazoria County Appraisal District Board of Director's term expires. Council is required
to approve any reappointment.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called a recess of the meeting at 8:14 p.m.
Mayor Reid called the meeting to back order at 8:55 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:55 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. Mayor Tom Reid.
2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr, Bill Eisen,
City Manager.
Page 8 of 9 - 9/24/2007
3. 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 11:24 p.m.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 11:25 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of October, A.D.,
2007.
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Vity Secretary
Tom Reid
Mayor
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