2008-03-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 10, 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 7:40 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 Lorfiing
Others in attendance: 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; Fred Welch Executive Director of Economic
Development Corporation.
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 reported February 26, he attended the Brazoria County Commissioners
Court Meeting and the Public Hearing on Tax Abatement Guidelines; February 27 — 28,
attended Pearland Day in Austin; February 29, attended the Promotion Ceremony for
Officer Chad Randall; March 1, attended the Scout Troop 464 Pancake Dinner; March
3, attended the Agenda Meeting and Council Workshop; March 5, attended the Keep
Pearland Beautiful Recycle Committee Meeting; March 6, attended the Boards and
Commissions Procedure Committee Meeting and the Southeast Shrine Club Meeting;
March 7, attended the County Road 58 Meeting with City Manager Bill Eisen and
Friendswood Developer; March 8, attended the retirement party for Ed Mallet of Able
Communications.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended Pearland Day in Austin and the event
went well.
Page 1 of 15 — 3/10/2008
Councilmember Beckman reported February 26, she attended the Keep Brazoria
County Beautiful Meeting and was elected to the Board of Directors; February 29,
attended the Promotion Ceremony for Officer Chad Randall.
Mayor Pro -Tem Saboe reported he attended Pearland Day in Austin. The event was
organized and the City was well represented.
Councilmember Kyle passed on giving a report.
Councilmember Cole reported he attended Pearland Day in Austin. The event was well
attended and people are starting to recognize what the City of Pearland is becoming.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Annual Eggstravaganza event was cancelled due
to rain and is rescheduled for Friday, March 14, 2008 at 6:00 p.m.
CITIZENS
Paul Lytle, 9206 W. Sterling, addressed Council and stated he has been discussing the
Smoking Ordinance for two months and nothing has been done. The City must enforce
its own Ordinance for City Employees if it expects citizens to follow the law. He has
spoken with the City Attorney and several Councilmembers but the issue continues to
be ignored.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 18, 2008, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the February 25, 2008, Special Meeting held at 6:00
p.m.
3. Minutes of the February 25, 2008, Regular Meeting held at 7:30
p.m.
4. Minutes of the March 3, 2008, Special Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF DR. JENNIFER BUMGARNER, DVM TO SERVE
IN POSITION NO. 1 EXPIRING NOVEMBER 1, 2011, NICK FINAN
TO SERVE IN POSITION NO. 2 EXPIRING NOVEMBER 1, 2010,
SHARI COLEMAN TO SERVE IN POSITION NO. 3 EXPIRING
Page 2 of 15 — 3/10/2008
NOVEMBER 1, 2009, AND LISA JACKSON TO SERVE IN POSITION
NO. 4 EXPIRING NOVEMBER 1, 2010 ON THE ANIMAL SHELTER
ADVISORY COMMITTEE. Mayor Tom Reid.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-9 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 3.266 ACRES, BEING LOT 18B,
1861, 18C1, 19E, 19E1, AND 19F1, WILLETTS SUBDIVISION,
ABSTRACT 70, W. D. C. HALL SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 1807 TAYLOR LANE),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-07), TO
ALLOW FOR "AGRICULTURAL ANIMAL HUSBANDRY' IN THE
SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1); AT THE
REQUEST OF PATRICIA E. MERCER, 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 — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-10 —AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 1.995 ACRE TRACT OF LAND IN
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BEING A
PORTION OF LOT 39 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION
85, AS SHOWN ON PLAT RECORDED IN VOLUME 2, PAGE 107 OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON
THE WEST SIDE OF MILLER RANCH ROAD), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-10), TO ALLOW FOR
"ADDITIONAL BUILDING HEIGHT FOR A HOTEL" FACILITY IN THE
OFFICE AND PROFESSIONAL DISTRICT (OP); AT THE REQUEST
OF MONTY HUDSON, APPLICANT FOR BHARAT BHAKTA,
OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
Page 3 of 15 — 3/10/2008
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.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1342 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
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 — FIRST AND ONLY
READING OF ORDINANCE NO. 1343 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
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.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1344 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
Page 4 of 15 — 3/10/2008
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.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through G as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-7 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING
0.860 ACRES OF LAND, BEING LOT 9, BLOCK 10, OF WEST LEA, SECTION 2,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE
69, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3814 BLUE BIRD WAY),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-05), TO ALLOW FOR
"AGRICULTURAL ANIMAL HUSBANDRY' IN THE SUBURBAN RESIDENTIAL — 15
DISTRICT (SR -15); AT THE REQUEST OF TROY AND PEGGY STALCUP, OWNERS;
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-7 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP2008-05.
Page 5 of 15 — 3/10/2008
City Manager Bill Eisen stated because of the negative recommendation from the
Planning and Zoning Commission, the item would require a three-quarter vote from
Council to be approved.
Councilmember Beckman stated this is a case of whether or not the item meets the
Ordinance requirements or not. This item clearly does not meet the Ordinance
requirements and Council does not have any option but to deny the item. However, she
does feel the current Ordinance should possibly be modified for certain types of
animals.
Councilmember Owens stated he agrees with Councilmember Beckman. He also feels,
if this item is denied, the City needs to provide consideration on the period of time
allowed to remove the animals from the property.
Mayor Pro -Tem Saboe stated he does not want Staff to be placed in the situation of
deciding when an Ordinance should be enforced. The Ordinance is in place and should
be enforced.
City Attorney Darrin Coker stated, with Council concurrence, Staff will allow the
residents thirty days to remove the animals from the property.
Councilmember Cole stated he discussed the issue with the Superintendent of Pearland
Independent School District. It was stated there is sufficient land, but there is not
sufficient barn space for more animals at the school facility. He asked what the cost
would be to expand the barn and stated the City could possibly help raise the funds for
the project.
Voting "Aye" None.
Voting "No" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Motion Failed 0 to 5.
FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-8 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING
0.860 ACRES OF LAND, BEING LOT 10, BLOCK 8, OF WEST LEA, SECTION 2,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE
69, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3826 WINGTAIL WAY),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-06), TO ALLOW FOR
"AGRICULTURAL ANIMAL HUSBANDRY" IN THE SUBURBAN RESIDENTIAL — 15
DISTRICT (SR -15); AT THE REQUEST OF DOROTHY BLACK, OWNER;
Page 6 of 15 — 3/10/2008
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.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 2000CUP-8 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP2008-06.
City Manager Bill Eisen stated, because of the recommendation for denial from
Planning and Zoning, this item will require a three-quarter vote from Council to be
approved
Discussion ensued between Council and Assistant City Manager Nick Finan regarding
the Ordinance.
Voting "Aye" None.
Voting "No" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Motion Failed 0 to 5.
FIRST READING OF ORDINANCE NO. 2000M-46 — 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 9.7036 ACRES OF LAND, LOT 22, H.T. & B.R.R. COMPANY
SURVEY, SECTION 8, ABSTRACT 504, AS RECORDED IN BOOK 2, PAGES 23 AND
24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ROY
ROAD, AND APPROXIMATELY 500 FEET NORTH OF FM 518 (BROADWAY
STREET)), (ZONE CHANGE APPLICATION NO. 2008-03Z), FROM OFFICE AND
PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS RETAIL DISTRICT (GB),
AT THE REQUEST OF THU TRINH, APPLICANT FOR DUNG HUNG TA, 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.
Page 7 of 15 — 3/10/2008
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Ordinance No. 2000M-46 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 2008-03Z.
City Manager Bill Eisen stated this item received a negative recommendation from the
Planning and Zoning Commission and will require a three-quarters vote from Council to
be approved.
Voting "Aye" None.
Voting "No" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Motion Failed 0 to 5.
FIRST READING OF ORDINANCE NO. 2000M-47 — 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 48.4712 ACRES OUT LOT 5 OF THE JAMES HAMILTON
SURVEY, ABSTRACT 881, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 83, PAGE 342, OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF STATE HIGHWAY 288, AND ON THE NORTH
SIDE OF SHADOW CREEK PARKWAY), (ZONE CHANGE APPLICATION NO. 2008-
04Z), FROM SPECTRUM DISTRICT (SPD) TO PLANNED DEVELOPMENT DISTRICT
(PD), AT THE REQUEST OF GC ENGINEERING, INC., APPLICANT FOR HISTORIC
REAL ESTATE, INC., 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.
Councilmember Cole made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-47 on its first reading.
City Manager Bill Eisen stated this is the proposed zoning for the Waterlights
Development. The Planning and Zoning Commission included in there
recommendation several conditions which have all been included in the information
distributed.
Page 8 of 15 — 3/10/2008
Rodrigo Carreon, 1122 Ave. C, addressed Council and stated he is concerned that any
development in this area would not be environmental safe due to the pollution in Clear
Creek. He is also concerned about tax dollars being spent on this project.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2008-04Z.
City Attorney Darrin Coker stated this is a Zoning Ordinance only and will not specify
how the project will be funded.
Mayor Pro -Tem Saboe asked if there are elements of the plan that Staff is not
comfortable with.
Assistant Nick Finan stated there were elements the Planning and Zoning Commission
asked to be changed. Staff worked with the developer and has met all requests from
the Planning and Zoning Commission.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-48 — 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 TRACT "A" AND TRACT "B" AND TRACT "C" OF WHISPERING
WINDS GENERAL BUSINESS RESERVE, OUT OF THE THOMAS J. GREEN
SURVEY, ABSTRACT 198, A PER THE PLAT RECORDED IN VOLUME 17, PAGES
93 AND 94, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH
SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF
WESTMINISTER DRIVE), (ZONE CHANGE APPLICATION NO. 2008-05Z), FROM
SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO GENERAL BUSINESS
RETAIL DISTRICT (GB), AT THE REQUEST OF RICHARD A. TARRER, FELTON
BAKER, MARY STARR, DAVID MILLER, LUCY GEHRING, ALICE GEHRING, RAY
NUNEZ, MIKE MARTIN, DARWIN MACALISTER, AND PEARLAND SQUARE
CONDOMINIUM ASSOCIATION, OWNERS, 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.
Page 9 of 15 — 3/10/2008
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Ordinance No. 2000M-48 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. 2008-05Z.
City Manager Bill Eisen stated this item is a zone change request for a piece of property
that is currently occupied by a building. The property currently has two zoning
classifications and the request is to rezone one portion to match the other portion.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-42 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO ASSIGNMENT
AND AMENDMENT OF CERTAIN AGREEMENTS. Mr. Darrin Coker, City Attorney.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2008-42.
City Manager Bill Eisen stated Shadow Creek Town Center is a retail development that
was developed by the Shadow Creek Ranch Tax Reinvestment Zone District. The
development is currently in the process of being sold to AmREIT. This item authorizes
Transwestern to convey their interest in the development to AmREIT.
Mayor Pro -Tem Saboe asked how Staff feels about the item with regard to detention
maintenance.
City Manager Bill Eisen stated this item is no different than what is already present in
the agreement.
Councilmember Cole asked what type of information has the City recieved on AmREIT.
City Manager Bill Eisen stated Council has a copy of all the information Staff has
received. The company's information such as assets, operation and size have been
verified.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Page 10 of 15 — 3/10/2008
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-39 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REJECTING ALL BIDS
ASSOCIATED WITH A PROPOSED UNIT PRICE SUPPLY CONTRACT FOR MOTOR
FUEL. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-39.
City Manager Bill Eisen stated this item was on a prior Council agenda where Council
requested more information prior to accepting the bid. During the process of obtaining
the information, it was found that there were more issues than previously thought and
there are three additional companies that have expressed an interest in bidding. Staff is
recommending that the City redo the bidding process.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE SOUTHWEST
ENVIRONMENTAL CENTER AS THE JOHN HARGROVE ENVIRONMENTAL
COMPLEX. Mr. Jon Branson, Director of Parks and Recreation.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-40.
City Manager Bill Eisen stated this item will rename the Southwest Environmental
Center the "John Hargrove Environmental Complex" in honor of former City Engineer,
John Hargrove. John played an instrumental part in acquiring the property and planning
its use for regional detention and wetlands mitigation and was instrumental in the design
of the state of the art wastewater treatment plant at the site.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 15 — 3/10/2008
Mayor Reid, City Manager Bill Eisen City Manager, and Parks and Recreation Director
Jon Branson presented Mr. John Hargrove, retired City Engineer, with a ceremonial
copy of Resolution R2008-40.
Parks and Recreation Director Jon Branson stated the Parks and Recreation Board
made the recommendation to rename the entire complex as the John Hargrove
Environmental Complex.
John Hargrove stated this whole thing would not have happened without a receptive
Council and he greatly appreciates the honor.
COUNCIL ACTION — RESOLUTION NO. R2008-34 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A REIMBURSEMENT AGREEMENT
ASSOCIATED WITH THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SHADOW CREEK PARKWAY AND BUSINESS CENTER DRIVE.
Mr. Narciso Lira, City Engineer.
Passed, no action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2008-41 — 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
WITH GARTNER COATINGS; 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. 1339, ESTABLISHING REINVESTMENT
ZONE #19, 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.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-41.
City Manager Bill Eisen stated Council previously took action to create a reinvestment
zone and this item authorizes a tax abatement within that agreement.
Councilmember Kyle stated the agreement states a minimum thirty-five jobs during the
abatement and asked if this is additional jobs or total.
Executive Director of Pearland Economic Development stated this is thirty-five total job
with approximately five being new jobs.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Page 12 of 15 — 3/10/2008
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-49 — 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 5.00 ACRES, ABSTRACT 506, H.T. & B.R.R. COMPANY SURVEY,
TRACT 6 -7A -7E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF HUGHES RANCH ROAD (COUNTY ROAD
403), AND APPROXIMATELY 600 FEET WEST OF LINDA LANE), (ZONE CHANGE
APPLICATION NO. 2008-06Z), FROM SINGLE FAMILY ESTATE DISTRICT (RE) TO
PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF DAVID
PEARLMAN, APPLICANT FOR CLASSIC SELF STORAGE LLC, 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.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 2000M-49 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. 2008-06Z.
Assistant City Manager Nick Finan stated the Planning and Zoning Commission
approved everything that was presented. Since then, the applicant expressed he is
interested in a sign with lights similar to the Four Seasons on Broadway Street.
Councilmember Beckman asked if the sign met the requirements of the Sign Ordinance.
Assistant City Manager Nick Finan provided Council with an example of the sign
requested by the applicant. He stated he believes the sign does meet the requirements
of the Sign Ordinance.
City Attorney Darrin Coker stated because the Planning and Zoning Commission did not
approve the specific sign plan, Council would need a 4 to 1 vote for approval.
Councilmember Beckman asked if the applicant is asking for anything that is not
allowed by the Unified Development Code.
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City Attorney Darrin Coker stated Council can add any restriction they felt necessary,
and they can also state the applicant must follow the sign requirements contained in the
Unified Development Code pertaining to electronic signs.
Mayor Pro -Tem Saboe stated is not opposed to the sign as long as it meets the
requirements of the Unified Development Code.
Discussion ensued between Council, Assistant City Manager Nick Finan, and City
Attorney Darrin Coker, regarding the sign plan.
Assistant City Manager Nick Finan stated Staff will modify the Ordinance to reflect the
requests of Council prior to the second and final reading.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:50 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.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:15 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to
authorize staff to enter into negotiations with the owner of subject property.
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Voting "Aye" Councilmembers Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 3 to 0.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
LAND USE. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:16 p.m.
Minutes approved as submitted and/or corrected this the 24th day of March, A.D., 2008.
F�
Tom Reid
Mayor
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