2008-04-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 28, 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 8:10 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Steve Saboe
Woody Owens
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmember Helen Beckman.
Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron
Public Works Director; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick
Finan Assistant City Manager; Mike Hodge Assistant City Manager; 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 Rev. Mike Hogg and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported April 15, he attended the Houston Galveston Area Council Board
of Directors Meeting, the North Brazoria County Educational Alliance Board of Directors
Meeting, and the Pearland Historical Society Quarterly Meeting; April 16, he attended
the Brazoria County Cities Association Monthly Meeting; April 17, he attended the
Leadership Council Meeting, the Chamber Luncheon for Harris County Judge Ed
Emmitt, the Gulf Water Authority Board of Directors Meeting, the Keep Pearland
Beautiful Recycle Center Open House, and the Green Tee Terrace Home Owners
Association Candidates Night; April 18, presented the San Jacinto Day Proclamation to
Commander Tom Green and attended the Knapp Center Re -opening Event; April 19,
attended the Exchange Club Gulf Coast Law Enforcement Awards; April 21, jjoined City
Manager Bill Eisen, Executive Director of Economic Development Fred Welch, and
Police Chief J.C. Doyle for a meeting with Kelsey -Seybold, joined Assistant City
Manager Mike Hodge and City Engineer Narciso Lira in a meeting with Shadow Creek
Ranch Developers, and attended the Joint Public Hearings with City Council and the
Planning and Zoning Commission; April 22, attended a meeting on Friendswood Corp.
Savannah Fire Station; April 23, attended the Friends of Scouting Breakfast and
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Chaired the Pearland Area Citizen Corps Boards of Directors Meeting; April 24, joinned
City Manager Bill Eisen for the Economic Alliance of Brazoria County Luncheon,
attended the Fire Station No. 4 Grand Re -Opening, the Open House for Texas
Advantage Bank, and the Pearland Independent School District Candidate Night; April
25, attended the H -GAC Transportation Policy Council and the Keep Pearland Beautiful
Annual Awards Banquet.
COUNCIL ACTIVITY REPORTS
Councilmember Owens passed on giving a report.
Councilmember Beckman was absent.
Mayor Pro -Tem Saboe stated the Knapp Senior Center project turned out beautifully
and thanked everyone involved in the project.
Councilmember Kyle stated she enjoyed the Paws in the Park Event and congratulated
the Parks and Recreation Department on a spectacular job.
Councilmember Cole stated he was not able to attend the Re -Opening of the Knapp
Center, but would like to take a tour soon. He attended the Openings of Fire Stations
No. 1 and No. 4. and congratulated Staff for the work on the project.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Parks and Recreation Summer Concert Series
begins Friday, May 2, 2008.
Mayor Reid stated the Pearland Independent School District Early Voting has begun.
CITIZENS
Mike Hogg, 4248 Veterans Drive, stated he is extending and open invitation to the
Pearland National Day of Prayer Thursday, May 1st.. This year there is also a Global
Day of Prayer and an event for this will be held May 10 — 11, 2008.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
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A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the March 17, 2008, Special Meeting held at 7:30 p.m.
2. Minutes of the April 7, 2008, Special Meeting held at 7:00 p.m.
3. Minutes of the April 14, 2008, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-50 — 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 18.4916 ACRES OF LAND, BEING WHISPERING WINDS, AN
APARTMENT AND TOWNHOME SUBDIVISION, OUT OF THE
THOMAS J. GREEN SURVEY, ABSTRACT 198, AS RECORDED IN
VOLUME 17, PAGES 93-94, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE
AND WEST SIDE OF WESTMINISTER DRIVE, ON THE NORTH
SIDE OF WHISPERING WINDS DRIVE, AND APPROXIMATELY 600
FEET NORTH OF FM 518 (BROADWAY STREET), (ZONE CHANGE
APPLICATION NO. 2008-07Z), FROM SINGLE FAMILY
RESIDENTIAL — 3 DISTRICT (R-3) TO MULTIPLE FAMILY
RESIDENTIAL DISTRICT (MF), AT THE REQUEST OF WHISPERING
WINDS APARTMENTS 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000-T-7 — 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. Mr. Nick Finan, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-15 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING THE FOLLOWING ADDRESSES:
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1514 GARDEN ROAD; 1845 GARDEN ROAD; 2005 GARDEN ROAD;
2233 GARDEN ROAD; 2236 GARDEN ROAD; 2245 GARDEN ROAD;
2302 GARDEN ROAD; 2357 GARDEN ROAD; 2530 GARDEN ROAD;
1950 O'DAY ROAD; 1902 GARDEN ROAD, (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-14), TO ALLOW FOR
INDUSTRIAL USES AS DESCRIBED IN THE LAND USE MATRIX
FOR LIGHT INDUSTRIAL DISTRICT (M-1) AND HEAVY INDUSTRIAL
DISTRICT (M-2); AT THE REQUEST OF THE CITY OF PEARLAND,
APPLICANT FOR VARIOUS PROPERTY OWNERS ALONG
GARDEN ROAD AND O'DAY ROAD; 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.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1349 — 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
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.
R2008-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR MAY 2008, DUE TO THE MEMORIAL DAY
HOLIDAY. Mr. Darrin Coker, City Attorney.
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G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR MOTOR FUEL.
Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING MARCH 28. Mr. Bill Eisen,
City Manager.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT
FOR WATER METERS. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to adopt
Consent Agenda Items A through I as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Kyle, Saboe and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-13 — 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. CUP2008-11), TO ALLOW
FOR 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,
Page 5 of 10 — 4/28/2008
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.
Item passed, no action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2008-66 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
LANDSCAPE SERVICES ASSOCIATED WITH THE SCARSDALE MEDIAN PROJECT.
Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-66.
City Manager Bill Eisen stated this item is the result of Council directions and includes
several sections of Scarsdale Boulevard, Pearland Parkway, and Oiler Drive. The bid
includes the installation of plants and the installation of an irrigation system. The total
cost for the project is $132,543 and the recommended firm is Martin Landscape
Management, Inc.
Mayor Pro -Tem Saboe asked how far east will the project extend.
Project Director Trent Epperson stated the project will extend from Clear Creek to the
Pearland City Limits and includes a gateway entrance sign.
Councilmember Cole asked if the entrance sign will have "Pearland" on it.
Project Director Trent Epperson stated the sign will include Pearland.
Mayor Pro -Tem Saboe stated he would like to see a plaque for the City of Pearland
included on the bridge.
Discussion ensued between Council and Project Director Trent Epperson regarding the
project.
Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
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COUNCIL ACTION — RESOLUTION NO. R2008-60 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
ASSOCIATED WITH PARK DEDICATION REQUIREMENTS FOR THE
CANTERBURY PARK SUBDIVISION. Mr. Jon Branson, Director of Parks and
Recreation.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-60.
City Manager Bill Eisen stated this is an opportunity with the developer of Canterbury
Park Subdivision. The agreement would allow the developer to provide a little less land
than typically required for park land and allow the developer to provide land and
amenities in lieu of the total required dedication.
Director of Parks and Recreation Jon Branson stated typically when a development
comes into the City they are required to provide land for parks or a fee in lieu of land.
The developer is proposing offering $503,000 worth of amenities instead of park land.
This is a good opportunity for the City because the development is in the same area as
Centennial Park. The subdivision already has a park in the area which the developer
maintains.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
COUNCIL ACTION — RESOLUTION NO. R2008-65 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INDEMNITY AGREEMENT
ASSOCIATED WITH THE COWART'S CREEK DIVERSION PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Resolution No. R2008-65.
City Manager Bill Eisen stated part of the Cowart's Creek Diversion Project includes
construction of a large detention area. During construction; there will be surplus dirt,
which several citizens in the area will want. The dirt will have to be transported along a
section of the County Road. Typically when any type of hauling is done over or along a
County Road a bond is purchased by the company doing the hauling. The City will be
responsible for the hauling being done in this instance. Brazoria County offered to
waive the requirement for the City and Brazoria Drainage District No. 4 to obtain the
Page 7 of 10 — 4/28/2008
bonds in consideration of the assurance that the City would act as self -insurers and
indemnify Brazoria County for any damages resulting from the hauling along or across
County Roads.
Councilmember Cole asked if pictures of the roads would be taken before the hauling is
done to verify the City is not paying for damage that was not caused by the project.
Project Director Trent Epperson stated Staff has been reviewing the option of having the
County do pre-empted work and repairs for the off road hauling to prevent damage.
The work being done prior to the hauling will help lower the overall cost.
Councilmember Kyle asked what the percentage of cost for damages will be assigned
to the City and the Brazoria Drainage District No. 4.
City Attorney Darrin Coker stated the agreement stated the City will be responsible for
half of the cost and the Brazoria County Drainage District No. 4 will be responsible for
the other half.
Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2008-49.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Cole, to remove
Resolution No. R2008-49 from the table.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
COUNCIL ACTION — RESOLUTION NO. R2008-49 — 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 A TRACTOR AND BOOM
MOWER. Mr. Ed Grossenheider, Parks and Building Maintenance Superintendent.
Page 8 of 10 — 4/28/2008
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2008-49.
City Manager Bill Eisen stated this item was included on a previous agenda and was
tabled by Council until other options could be investigated to find more favorable pricing.
After further review of the pricing, it was determined that the original pricing is lower
than any of the other options.
Mayor Pro -Tem Saboe stated he would like to thank Staff for taking the extra time to
review the pricing.
Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Beckman absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:40 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING
CITY MANAGER'S ANNUAL PERFORMANCE GOALS EVALUATION.
City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:51 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
LAND USE. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE CITY MANAGER'S ANNUAL
PERFORMANCE GOALS EVALUATION. City Council.
Page 9 of 10 — 4/28/2008
No action taken by Council
ADJOURNMENT
Meeting was adjourned at 9:52 p.m.
Minutes approved as submitted and/or corrected this the 12th day of May, A.D., 2008.
ATTEST:
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Tom Reid
Mayor
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