2008-01-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 14, 2008, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Steve Saboe
Councilmember
Woody Owens
Councilmember
Helen Beckman
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Kyle
Others in attendance: Jon Branson Parks and Recreation Director; Jack Colbath
Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick
Finan Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira City
Engineer; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director;
Fred Welch Executive Director of Economic Development Corporation; Bob Pearce
Purchasing Officer; June Ellis Budget Officer.
The invocation was given by Pastor Mike Hogg and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid and City Manager Bill Eisen presented Keith Schoenberg, EMT, with a
Certificate of Recognition as the Part -Time Employee of the Quarter.
Mayor Reid presented a proclamation to the Shriners proclaiming February 12, 2008 as
Shriners "IHOP National Pancake Day."
COUNCIL ACTIVITY REPORTS
Councilmember Owens, Saboe, Cole passed on giving a report.
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Councilmember Beckman congratulated the Parks and Recreation Department for the
wonderful job on this year's Winterfest.
Councilmember Kyle was absent.
CITY MANAGER'S REPORT
City Manager Bill Eisen thanked the Staff of Parks and Recreation for their wonderful
job on the Winterfest where over 10,000 people attended. The Pearland Fire
Department held their first Annual Banquet to acknowledge personnel for their service.
CITIZENS
Larry Marcott, 3606 Inverness Court, addressed Council and stated he is concerned
about the graffiti at the railroad crossing at Magnolia Road. There is a stainless steel
railroad box that has had graffiti since September and is continuing to get more and
more graffiti. The City has passed an ordinance to prevent this type of vandalism and
something needs to be done to take care of the problem.
Mike Blakeman 2816 Manvel Road, addressed Council and stated he is new to the City
of Pearland and would like to address the new smoking ban. This ordinance is having a
serious financial effect on the businesses located within the city limits. Business owners
were not given any notice that the ordinance was going to be in the election and were
not given a long enough time before it went into effect.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the December 10, 2007, Regular Meeting held at 7:00
p.m.
2. Minutes of the December 10, 2007, Regular Meeting held at 7:30
p.m.
3. Minutes of the December 17, 2007, Special Meeting held at 6:00
p.m.
4. Minutes of the December 17, 2007, Public Hearing held at 6:30
p. M.
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B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF MARVIN ELAM TO SERVE IN ALTERNATE
POSITION NO. Al ON THE ZONING BOARD OF ADJUSTMENTS
FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2009.
Mayor Tom Reid.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF
RADIOS. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to adopt
Consent Agenda Items A through D as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
MATTERS REMOVED FROM CONSENT AGENDA
None
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2008-10 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING ITS NON-BINDING
INTENT TO PURCHASE THE PEARLAND REGIONAL AIRPORT. Mr. Bill Eisen, City
Manager.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-10.
City Manager Bill Eisen stated the current owners of Pearland Regional Airport
approached the City stating they intended to sell the airport and wanted to give the City
the first opportunity to purchase the facility. Council expressed its opinion that it would
be in the best interest of the City to purchase the airport. Because of stipulations
contained in grants received by the owners of the airport, the facility is required to
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remain in operation until the year 2027. The Federal Aviation Administration (FAA) will
provide a large portion of the cost through grants and the current owner has agreed to
work with the City on the remainder of the purchase cost. Based on financial studies,
the City has determined the airport would be self supporting. This Resolution declares
a non-binding intent to purchase the airport but does not require any purchase to be
made.
Mayor Reid stated, in 1980, the FAA asked the Houston Galveston Area Council to
undergo a study to find which area airports would be the best to be designated as a
reliever airport for the larger airports in the area. The Clover Field Airport, which is now
the Pearland Regional Airport, was selected because of its proximity to Houston Hobby
and Intercontinental Airports. The purchase of this airport would be a great opportunity
for the City.
Discussion ensued between Council and City Manager Bill Eisen regarding the
purchase of the airport.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2008-7 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ARCHITECTURAL SERVICES ASSOCIATED WITH THE NATATORIUM &
RECREATION CENTER. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-7.
City Manager Bill Eisen stated this item is a contract for architectural services
associated with the natatorium and recreation center. The proposed contract is with
PBK, Inc. and the total cost is $1,436,400.
Mayor Pro -Tem Saboe stated he would like more information on the process that was
used to negotiate the cost to verify that the City is getting the best deal for this project.
Assistant City Manager Mike Hodge stated in 2005, the City began the process of
putting together preliminary engineering information on several projects. PBK, Inc.
developed the original presentation for this project which is the $15,000 engineering
cost for the project. In this process, many different options were reviewed and cost
estimates were established for a workable budget.
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Project Director Trent Epperson stated during the negotiations with PBK, Inc. an initial
scope services was developed and reviewed by Staff. Staff and PBK, Inc. negotiated
back and forth to establish a scope that was agreed upon by both entities with
approximately a $200,000 savings from the original estimates.
Discussion ensued between Council, Assistant City Manager Mike Hodge, Project
Director Trent Epperson, Parks and Recreation Director Jon Branson and Van Franks,
PBK, Inc. regarding the project.
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2008-2 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE
USED FOR ROOF REPAIRS TO THE ADULT READING CENTER. Mr. Bill Eisen, City
Manager.
Councilmember Cole made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-2.
City Manager Bill Eisen stated the City has broad authority on how it can utilize
Community Development Block Grant Funds (CDBG) received. The Adult Reading
Center has requested funds for help with hiring staff for the center. Since the request
,the facility has been able to obtain staff to fill their original need and is asking to have
the funds reallocated for repairs needed for roof repairs.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2008-9 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT
ISE-MAGTECH AND JONES & JONES FLP; FINDING AND DETERMINING THAT
TERMS OF SAID AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF
THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1335, ESTABLISHING
REINVESTMENT ZONE #18, AND THE GUIDELINES AND CRITERIA FOR
GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET
FORTH IN RESOLUTION NO. R2006-121. Mr. Darrin Coker, City Attorney.
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Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-9.
City Manager Bill Eisen stated Council authorized the establishment of a Reinvestment
Zone that would make Ise-Magtech and Jones & Jones FLP eligible for a tax
abatement. The agreement is a 50% tax abatement agreement for a 7 -year time
period.
City Attorney Darrin Coker stated the time period has been recently changed to a 5 -year
period from the 7 -year period.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
FIRST AND ONLY READING OF ORDINANCE NO. 1327-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1327, THE 2007-2008 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING ADDITIONAL APPROPRIATIONS TO FUND FISCAL YEAR 2006-2007
CARRYOVERS; 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE
CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 1327-2 on its first and only reading.
City Manager Bill Eisen stated, each year when the fiscal year ends, there are some
projects that were not completed or items that were ordered but had not yet been
received. These items are shown as carry-over items to the budget and must be
approved by Council.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
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COUNCIL ACTION — RESOLUTION NO. R2008-6 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION OF A WATERLINE ALONG PORTIONS OF FM 518.
Mr. Trent Epperson, Project Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-6.
City Manager Bill Eisen stated this item is the award of a bid for the construction of a
waterline along FM 518. The total cost is approximately $50,000 less than the original
project budget.
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
FIRST READING OF ORDINANCE NO. 1336 — AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS AMENDING CHAPTER 5, AMUSEMENTS AND
ENTERTAINMENTS, OF THE CODE OF ORDINANCES, CITY OF PEARLAND,
TEXAS AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME BY ADDING
ARTICLE V, GAMING ESTABLISHMENTS; PROVIDING DEFINITIONS; REQUIRING
TRANSPARENT & UNOBSTRUCTED WINDOWS; ESTABLISHING HOURS OF
OPERATION AND ALLOWING FOR FREE INGRESS AND EGRESS; PROVIDING
FOR A PENALTY; HAVING A SAVINGS CLAUSE; HAVING A SEVERABILITY
CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Ordinance No. 1336 on its first reading.
City Attorney Darrin Coker stated this is an Ordinance that is designed to regulate two
aspects of a gaming establishment. First the establishment is required to be
transparent to the public view and the second requires there to be free ingress and
egress to the public and City Code Enforcement Officers.
Larry Marcott, 3606 Inverness Court, addressed Council and stated several years ago
there was a proliferation of these types of facilities. This type of facility can lead to
illegal gambling and he is concerned by the hours of operation. There was an article
released recently regarding a robbery at an establishment of this type in Houston.
These types of business can lead to an increase in crime and cost the City money for
the additional policing required. He feels the City needs to seriously consider allowing
this type of facility to operate.
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City Attorney Darrin Coker stated there are many ways to regulate these types of
establishments. Many of the options for the City to regulate these facilities are already
established in State Regulations. These facilities are not allowed to sell alcohol unless
they establish a private club status and obtain a beer permit from the City.
Councilmember Cole asked once the City puts an Ordinance of this type in place, how
will the existing facilities be notified and how long will they have to make any required
changes to comply.
City Attorney Darrin Coker stated he recommends giving the usual effective date of 10
days after the second reading of the Ordinance. City Staff will take a common sense
approach on an individual basis regarding the enforcement of the Ordinance.
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2008-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF
BRAZORIA COUNTY. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2008-4.
City Manager Bill Eisen stated this item is the consideration of Council to approve the
sale of the property that has back taxes owed. The amount of the sale would be for
$15,000 and all taxing entities would receive an equal portion of the total proceed.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — REGARDING THE UNIFIED DEVELOPMENT CODE MATRIX
DISCUSSION. Mr. Nick Finan, Assistant City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
consider the Unified Development Code Matrix Discussion.
Page 8 of 10 — 1/14/2008
Assistant City Manager Nick Finan stated there was an individual that had started a
business prior to the Unified Development Code (UDC) adoption. The individual has
had a small stone monument sales office on North Main for about two and a half years
and is attempting to move across the street. He had already moved out of his old place
of business not realizing that the UDC had added to the matrix the category for stone
monuments. With that change, he became non -conforming because the old ordinance
spoke of general sales offices for activities not mentioned, but now his stone monument
sale was listed, but prohibited in the General Business District. The change became
evident when he came in for a tenant occupancy permit to get power to the lease
building he was moving into, and it was denied because of the activity. He has no
business or other location to operate in the interim if he were to wait until City Staff
presented UDC changes in formal workshops with an adoption of any changes
expected this summer. Staff feels comfortable recommending the approval of this
temporary change from Council.
Mayor Reid stated he is familiar with the operation and there is very minimal engraving
and the engraving performed is completed by computer and not with hand tools.
Paul Corl, 2127 Shady Breeze Lane, addressed Council and stated he appreciates
Council taking the time to review his issue. Everything in his facility is designed and
generated by computer and there is little to no onsite engraving. The facility is a large
area and there will be no outside storage of any stone items.
After Council discussed this item no formal action was taken.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:21 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:12 p.m.
COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
Page 9 of 10 - 1/14/2008
ADJOURNMENT
Meeting was adjourned at 10:14 p.m.
Minutes approved as submitted and/or corrected this the 14th day of January, A.D.,
2008.
Tom Reid
.......... . Mayor
ATTEST:
Yl
ry
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