2008-02-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 11, 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 7:50 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Steve Saboe
Councilmember
Helen Beckman
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Woody Owens
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; Mike Hodge
Assistant City Manager; Paul Jamison Fire Chief; 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.
The invocation was given by Cole and the Pledge of Allegiance was led by Marcel
Jebert, Star Scout Troop No. 242.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported January 29, he attended the Green Tee Terrace Home Owners
Association with City Staff; January 30, attended the Monument Committee Meeting
and the Economic Alliance Houston Port Region Board of Directors Meeting; January
31, attended the Brazoria County Chamber of Commerce Annual Luncheon, the Tax
Abatement Committee Meeting, and the HEB Plus Chamber After Hours Event;
February 2, attended the St Helen's Annual Father Braden Recognition Banquet;
February 4 — 5, represented H -GAC and Texas at the National Association of Regional
Councils; February 6 — 7, Joined Brazoria County Drainage District No. 4 Commissioner
Jeff Brennan and City Manger Bill Eisen on a visit with Congressman Nick Lampson,
Senator Kay Bailey Hutchinson, and agency staff members in Washington D.C.;
February 8, attended the Chamber Before Breakfast Meeting and the Pearland
Economic Development Corporation Annual Board Retreat; February 9, attended the
City Council Annual Policy Retreat.
Page 1 of 13 — 2/11/2008
Mayor Reid, Paul Jamison Fire Chief Jack Colbath Director of Fire Services presented
Certificates of Recognition to the City of Pearland Fire Lieutenant Charles Villegas,
Firefighter Jacob Johnson, Firefighter Chris Perez and Firefighter Eric Potts for
demonstrating the highest level of professionalism and valor.
COUNCIL ACTIVITY REPORTS
Councilmember Owens was absent.
Councilmember Beckman reported February 1 — 3, she attended the AMCC State
Conference in Las Colinas; February 7, attended the Dawson High School production of
"Thoroughly Modern Millie"; February 8, attended the Chamber Before Breakfast where
City Attorney Darrin Coker made a presentation about the Smoking Ordinance, the
Pearland Economic Development Corporation Annual Retreat; February 9, attended the
City Council Planning Retreat; February 11, attended Career Day at Pearland High
School.
Mayor Pro -Tem Saboe reported he attended the Brazoria County Annual Spelling Bee
Councilmember Kyle reported she attended the Annual Council Planning Retreat and
the Silver Lake Lions Club Charity Event.
Councilmember Cole reported he attended planning meetings for the upcoming
Pearland Day in Austin, which will be February 27 — 28. He is also Co -Chair for
Brazoria County Day in Austin and has begun the planning process for that event.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported several staff member went to Washington D.C. to meet
with Senator John Cornyn and Senator Kay Bailey Hutchinson regarding the Clear
Creek Project and the Flood Control Project. The City has gone through a process with
Siemens Building Technology, Inc. to reduce the amount of energy used by the City and
Chad Nobles will provide Council with an update on the process.
Chad Nobles, Siemens Building Technologies, Inc., reported that because of the
process the City underwent to conserve energy, the City will be receiving a $61,327
rebate from Centerpoint Energy.
CITIZENS
Charlie McMurray, 5209 Spring Branch Drive, addressed Council and stated he is
opposed to the City purchasing the Cloverfield Airport. He does not feel this purchase
will benefit the City and feels the decision should be put forth for voters to vote for or
against. The City has projects and staffing issues that are more important to spend
funds on than to invest in this type of purchase.
Page 2 of 13 — 2/11/2008
Paul Lytle, 9206 West Sterling, addressed Council and stated the City needs to be
accountable and follow their own Smoking Ordinance. The Smoking Ordinance was
passed by a small percentage of the citizens and is unfair.
Eric Chase, 2102 West Marsala Drive, addressed Council and stated he is picking up
garbage on his property because of the size garbage cans provided to residents. The
City should provide citizens with larger garbage cans to contain the waste. He would
also like to see landscaping on Yost Road completed.
Larry Marcott, 3606 Inverness Court, addressed Council and stated he is opposed to
Consent Agenda Items B and C. He does not feel these items should have been on the
Consent Agenda and does not understand why they are first and only readings. The
Ordinances apply to gaming establishments and feels these locations will be hard for
the Police to monitor.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the January 21, 2008, Special Meeting held at 6:00
p. M.
2. Minutes of the January 21, 2008 Joint Public Hearing held at 6:30
p.m.
3. Minutes of the January 28, 2008, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING ORDINANCE NO. 2000CUP-5 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY,
LOCATION BEING LOT 6 OF JOHNSTON SUBDIVISION, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND
APPROXIMATELY 600 FEET EAST OF HARKEY ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-04), TO
ALLOW A "GAMING ESTABLISHMENT" FACILITY IN THE GENERAL
COMMERCIAL DISTRICT (GC); AT THE REQUEST OF THOMAS L.
TONEY, APPLICANT FOR CELALETTIN DEMIR, OWNER;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE
Page 3 of 13 — 2/11/2008
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. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-4 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 0.86 ACRES OF LAND, OUT OF A
9.6809 ACRE TRACT, BEING ALL THE LAND REMAINING UNSOLD
OUT OF THAT CERTAIN 13.892 ACRE TRACT OF LAND
DESCRIBED IN VOLUME 636, PAGE 695, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE A.C.H. & B.
SURVEY, ABSTRACT 416, AND THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 292, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
SH 35 (MAIN STREET), AND ON THE NORTH SIDE OF HASTINGS
CANNON ROAD (CR 128)), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-03), TO ALLOW A "GAMING
ESTABLISHMENT" FACILITY IN THE GENERAL COMMERCIAL
DISTRICT (GC); AT THE REQUEST OF BETTY JONES, APPLICANT
FOR S. KEVIN PRICE, OWNER; 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.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF POLICE AND FIRE VEHICLE EQUIPMENT. Mr. Bill Eisen, City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1341 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER
EASEMENT FOR THE CONSTRUCTION OF ROAD, UTILITY AND
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
Page 4 of 13 — 2/11/2008
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING DECEMBER 2007.
Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City
Manager.
City Manager Bill Eisen stated at the request of the applicant remove Item B. Ordinance
No. 2000CUP-5 be removed for consideration in the future.
Mayor Pro -Tem Saboe asked that Consent Agenda Item C be removed from the
Consent Agenda for further discussion.
Councilmember Beckman made the motion, seconded by Councilmember Cole, to
adopt Consent Agenda Items A through G with the exception of item B and C, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Saboe, Consent Agenda Item C was removed for
further discussion.
Page 5 of 13 — 2/11/2008
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-4 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 0.86 ACRES OF LAND, OUT OF A
9.6809 ACRE TRACT, BEING ALL THE LAND REMAINING UNSOLD
OUT OF THAT CERTAIN 13.892 ACRE TRACT OF LAND
DESCRIBED IN VOLUME 636, PAGE 695, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE A.C.H. & B.
SURVEY, ABSTRACT 416, AND THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 292, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
SH 35 (MAIN STREET), AND ON THE NORTH SIDE OF HASTINGS
CANNON ROAD (CR 128)), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-03), TO ALLOW A "GAMING
ESTABLISHMENT" FACILITY IN THE GENERAL COMMERCIAL
DISTRICT (GC); AT THE REQUEST OF BETTY JONES, APPLICANT
FOR S. KEVIN PRICE, OWNER; 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. 2000CUP-4 on its first and only reading.
City Manager Bill Eisen stated this item is a Conditional Use Permit request for a Game
Room located on SH 35. The item is a first and only reading because the City's current
Zoning Ordinance states all Conditional Use Permits will be considered by Council on
one reading only. This issue has also already been reviewed by the Planning and
Zoning Commission.
Voting "Aye" Councilmembers Cole, Saboe, and Beckman.
Voting "No" Councilmember Kyle.
Motion Failed 3 to 1, with Councilmember Owens absent.
The above item failed pursuant to the City of Pearland City Charter Section 3.10
Procedures for passing of Ordinances and Resolutions requiring a 3/ vote for any
Ordinance to be passed on a First and Only Reading.
Page 6 of 13 — 2/11/2008
Pearland City Charter/ Section 3.10 / CHT: 10
"The requirement of consideration and favorable action on an ordinance at two (2)
regular sessions of the city council shall not apply, and only one (1) reading at one (1)
regular or special meeting shall be required for the final passage and approval of an
ordinance relating to an immediate public emergency affecting life, health, property or
the public peace. In the event an ordinance is adopted as an emergency measure, a
declaration of the specific emergency shall be expressed in the caption and body of
such ordinance, and such ordinance shall not be adopted without the affirmative vote of
at least three-fourths ( 3/4) of all members of the city council."
NEW BUSINESS
Mayor Reid with concurrence of Council moved to Item No. 8 Ordinance No. 1337.
FIRST AND ONLY READING OF ORDINANCE NO. 1337 — AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 2008; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING
THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF
THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING
OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED
THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 1337 on its first and only reading.
City Manager Bill Eisen stated the City has been processing bids for the sale of bonds
for water and sewer purposes. The bids have been received and processed.
Ryan O'Hara, RBC Capital Markets, addressed Council and provided a brief overview of
the bond sale stating the City received five bids with the lowest bidder being Robert W.
Baird at 4.685052%.
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
Page 7 of 13 — 2/11/2008
Mayor Reid with concurrence of Council moved back to Item No. 1 Resolution No.
R2008-20.
COUNCIL ACTION — RESOLUTION NO. R2008-20 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A DESIGN BUILD
CONTRACT FOR CONSTRUCTION OF THE PUBLIC SAFETY BUILDING.
Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Resolution No. R2007-20.
City Manager Bill Eisen stated the City has gone through a very extensive process to
select a Design Build firm for the Public Safety Building. Council directed Staff to review
the plans and work with the firms to lower the estimated dollar amount of the earlier
estimates. Several changes have been made including a square -footage reduction.
Mayor Pro -Tem Saboe asked what the general consensus of the firm the City would be
working with on this project is, and how Staff would rate their attitude from the review
process to now.
Assistant City Manager Mike Hodge stated in working through the process to lower the
overall cost, the firm was very receptive. They did a significant amount of work without
being under contract. The negotiations with the contractor went well even though the
price was not significantly reduced.
Councilmember Cole stated as the project develops all options need to be explored and
the building should be designed with the ability to expand to support future growth in the
City.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2008-24 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
INSTALLATION OF AN AQUATIC PLAYGROUND AT THE CENTENNIAL PARK.
Mr. Trent Epperson, Project Director.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2007-24.
Page 8 of 13 — 2/11/2008
City Manager Bill Eisen stated the City received proposals from various firms and set an
estimated budget of $140,000. The firm All Play Incorporated is being recommended by
Staff for the project because they offered the most options for the dollar amount.
Parks and Recreation Director provided Council with visual options for the project.
Discussion ensued between Council, City Manager Bill Eisen, and Parks and
Recreation Director Jon Branson regarding the project.
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2008-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS EXPRESSING THE CITY'S INTENT
TO PARTICIPATE IN BRAZORIA COUNTY'S VOTING CENTER PILOT PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-18.
Joyce Hudman, Brazoria County Clerk, addressed Council and stated the County is at
the beginning stages of this process. The concept is that any voter can vote at the
established polling places on Election Day. There are 70 voting precincts and the
option would be there to only open 35 or more voting locations for Election Day. There
are several requirements to participate in this program. The county has met the
requirement of having all DRE voting systems but does not have the real time voting
system in place. The County is in the process of getting the real time system and then
will complete the rest of the process to participate in the program.
Councilmember Cole stated he would be concerned about cutting the number of voting
locations for Election Day.
Mayor Pro -Tem Saboe asked what type of training would be required for the people
working at the new voting locations for the real time voting system.
Joyce Hudman, Brazoria County Clerk, stated the County would have to find the people
and train them for voting locations. A visit was made to Lubbock, Texas where the
system has already been established. The only major change is in the initial check in
where instead of there being one check in center, there would be three or four. There
would be a greeter at the door to help voters through the process.
Discussion ensued between Council and Joyce Hudman, Brazoria County Clerk,
regarding the process.
Page 9 of 13 — 2/11/2008
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 2000M-45 — 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 0.550 ACRES OF LAND, LOT 1L, OUT OF THE NORTHWEST
ONE-FOURTH OF THE H.T. & B.R.R. COMPANY SURVEY, SECTION 11, ABSTRACT
239, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE SOUTH SIDE OF WALNUT STREET, AND APPROXIMATELY 100 FEET
EAST OF MCLEAN ROAD), (ZONE CHANGE APPLICATION NO. 2008-02Z), FROM
SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO OFFICE AND
PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF SONYA ANN DARE,
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. Mr. Nick Finan,
Assistant City Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 2000M-45 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. 2008-02Z.
City Manager Bill Eisen stated this item is a proposed change from a single-family
residential zoning to a professional office zoning. The property is located on the south
side of Walnut Street.
Mayor Reid stated he feels this is an ideal opportunity for the developer to set a model
for how this whole area can be developed.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
Page 10 of 13 — 2/11/2008
FIRST READING OF ORDINANCE NO. 1339 — 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. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #19), 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. Greg Albritton, Director of Business Development.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Ordinance No. 1339 on its first reading.
City Manager Bill Eisen stated this item is an issue that was the subject of the earlier
Public Hearing. If the item is approved by Council it would result in the creation of the
Reimbursement Zone. This is the first step in the process of granting a Tax Abatement.
Mayor Pro -Tem Saboe stated the major difference in this agreement is that there will
only be minimal jobs created.
Executive Director of Economic Development Corporation Fred Welch stated this Tax
Abatement would only produce about 6 jobs up front and 3 to 4 more over the next
several years. The City's requirement is a minimum of 5 jobs.
Brief discussion ensued between Council and Executive Director of Economic
Development Corporation Fred Welch regarding the agreement.
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2008-23 — 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. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2007-23.
Page 11 of 13 — 2/11/2008
City Attorney Darrin Coker stated this item is an agreement between the City and
Brazoria County that eliminates the dual process required to do plats. The agreement
states that if the land is located within the City or the Extra Territorial Jurisdiction, the
City will handle the platting process and related permits other than FEMA or Septic
Permits.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 1340 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE
SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE, AND PROVIDING A
PENALTY. Mr. Danny Cameron, Director of Public Works.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 1340 on its first reading.
City Manager Bill Eisen stated TxDOT completed a speed study on Cullen Boulevard
from the north City limits to FM 518. As a result of this study, TxDOT is recommending
the speed limit be changed from 55 miles per hour to 45 miles per hour.
Councilmember Kyle asked what the rationale for the reduction in speed limit would be.
City Manager Bill Eisen stated the speed study reviews criteria such as the speed
drivers are currently driving, the number of driveways and intersections as well as other
general items.
Assistant City Manager Mike Hodge stated there is generally a request for the speed
study submitted and once the study is complete, TxDOT will make a recommendation.
Councilmember Cole stated this reduction will allow maximum speed limit in the future
school zone on Cullen Boulevard to be 30 miles per hour.
Voting "Aye" Councilmembers Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Page 12 of 13 — 2/11/2008
Motion Passed 4 to 0, with Councilmember Owens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:25 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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 10:10 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
ADJOURNMENT
Meeting was adjourned at 10:11 p.m.
Minutes approved as submitted and/or corrected this the 25th day of February, A.D.,
2008.
ATTEST:
a`
nging,
Se tary
== a ......... Reid
.... a'=._. Mayor
Page 13 of 13 — 2/11/2008