2008-05-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 12, 2008, AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:23 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: Jack Colbath Director of Fire Services; Trent Epperson Project
Director; 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 Councilmember Cole and the Pledge of Allegiance was led
by Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported April 29, he joined the Library Boardmembers for the Brazoria
County Library Foundation Event; April 30, attended the Houston Port Economic
Alliance Board of Directors Meeting; May 1, welcomed citizens to the National Day of
Prayer Event and attended the Southeast Shriner Club Meeting; May 2, attended the
Pearland Economic Development Broker Day Event, attended the Pearland Economic
Development Corporation to welcome a candidate business, and presented a
proclamation and led the Walk For Life Event; May 3, attended the Scout Troop 414
Dinner and Auction; May 5, attended the Council Agenda Meeting, the Tax
Reinvestment Zone No. 2 Board of Directors Meeting, the Council Workshop, the
Council Special Meeting, and joined City Manager Bill Eisen and Executive Director of
Pearland Economic Development Corporation Fred Welch to visit a business prospect;
May 6, attended the Gulf Coast Builders Association Monthly Meeting; May 7, spoke at
the Pearland Neighborhood Center's Annual Forum; May 8, attended the Ribbon
Cuttings for Meador Staffing, Silverline Montessori, Fedex-Kinkos; and the Open House
Ribbon Cutting for the JNL Gallery, joined City Manager Bill Eisen and Executive
Director of Economic Development Corporation Fred Welch in a visit with Dr. Richard E.
Wainerdi, President of the Texas Medical Center, regarding Pearland Park and Ride
options; May 9, attended the Pearland Area Chamber of Commerce Business Before
Page 1 of 15 — 5/12/2008 - 7:00 p.m.
Breakfast Event, the Pearland Development Authority Meeting, and the Farewell Event
for Sugar Land Mayor David Wallace; May 10, attended the Annual Banquet and
Auction for Sri Meenakshi Temple Society.
Mayor Reid stated May 12 — 16, 2008, is National Police Week. Citizens are asked to
drive with their headlights on during the day and nighttime hours in remembrance of
Police Officers who have died in the line of duty. Flags will be flown at half mast on May
16, 2008, and Police Officers are encouraged to wear badge covers.
Mayor Reid and Councilmember Kyle presented a proclamation to EMS Operations
Director Jeff Sundseth and EMS Staff with a proclamation proclaiming May 18 - 24,
2008, as "Emergency Medical Services Week."
Mayor Reid and Councilmember Beckman presented Emergency Management
Coordinator / Fire Marshal Roland Garcia with a proclamation proclaiming May 25 — 31,
2008, as "Hurricane Awareness Week."
Emergency Management Coordinator / Fire Marshal Roland Garcia stated hurricanes
cause massive property damage and loss of life every year. Awareness and
preparation are the keys to reduce these losses. Citizens must begin planning for
hurricane season now. The City has provided brochures to citizens to help them
develop a plan in the event of a hurricane.
Mayor Reid and Councilmember Cole presented Director of Public Works Danny
Cameron with a proclamation proclaiming May 18 — 24, 2008, as "National Plumbing
Works Week."
Mayor Reid and Councilmember Owens presented Garret Rose and Shea Pipkin of
South Park Funeral Home with a proclamation proclaiming May 26, 2008, as "Memorial
Day 2008."
Mayor Reid and Mayor Pro -Tem Saboe presented John Baxter and other members of
the Motorcycle Club with a proclamation proclaiming May 2008, as "Motorcycle Safety
and Awareness Month."
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Councilmember Owens reported the Forgotten Angels held a silent auction and raised
approximately $35,000. The opening for the Towne Center is coming up and the
Forgotten Angels will be selling wrist bands for $5.00 that will give the person a 25%
discount at the event.
Councilmember Beckman reported Saturday morning Keep Pearland Beautiful and the
Parks and Recreation Department had the Trail Treckers Debut. Anyone could come
out to the event and ride along the Hike and Bike Trail. Trail Treckers will be an annual
fundraiser event featuring Pearland Trails.
Page 2 of 15 — 5/12/2008 - 7:00 p.m.
Mayor Pro -Tem Saboe stated, with the weather being so nice and people working in
their yards, he would like to remind everyone of the recycling center program for yard
waste.
Councilmember Kyle passed on giving a report.
Councilmember Cole stated if anyone is having a problem finding clear trash bags for
the yard waste program, they are available at Sam's Club.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported he attended a meeting with Mayor Reid, Executive
Director of Economic Development Corporation, and Dr. Richard E. Wainerdi, President
of the Texas Medical Center, regarding alternative means of transportation for the
citizens of Pearland to the Medical Center. The City is currently in the process of
reviewing the ability to have a park and ride or possibly a rail system. Pearland
Economic Development Corporation held its annual Broker Day which was very
successful and the turn -out was larger than previous years. The Westside Event Center
will be holding a free concert every Friday evening at 7:00 p.m. through the end of the
month of June. The events are good for family entertaining with virtually no cost.
CITIZENS
Joe Pollard, 11606 Park Falls Court, addressed Council and stated he is a resident of
Shadow Creek Ranch and is concerned about the Blue Ridge Landfill. The primary
issue for residents regarding the landfill is the odor and air quality. When the wind
blows from the West there is a foul trash odor which will only get worse if the landfill
increases in size. They are also concerned about the quality of water in the areas
surrounding the landfill. Children fish in the water and he feels it is not safe. This
landfill will have a negative effect on the residents health, property value, and overall the
entire community. He is urging City Council to do everything they can to fight the Blue
Ridge Landfill expansion.
Jerry Koza, 2823 Knob Hill, addressed Council and stated he had the privilege to attend
2008 American Planning Association Conference. There were many interesting
meetings and he had the opportunity to speak with commissioners from other cities
regarding their Planning Departments. He came to the conclusion that Pearland has
approximately one-fourth the Planning Staff of other cities that are the same size. The
City needs to make a decision whether it will budget for and support a Planning Staff
that can support the City or maintain a level of Staff that cannot provide what is
necessary for growth and improvement.
Page 3 of 15 — 5/12/2008 - 7:00 p.m.
Amber Cruz, 6018 Josephine Street, addressed Council and stated her neighborhood
has severe problems with vehicles speeding. The vehicles speeding through the
neighborhood are dangers and three pets have been lost as a result in the last few
years. Residents have had close calls when performing their yard work. There have
been problems with school buses speeding on their street. She has a petition to present
to the City for speed bumps to be placed on her street.
Garrett Lewis, 6005 Josephine, addressed Council and stated he has lived in his
residence since he was eight years old and there has always been a problem with
traffic. He is asking Council to have two speed bumps placed on their street to prevent
any vehicle from speeding.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1 . Minutes of the April 21, 2008, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the April 21, 2008, Special Meeting held at 7:30 p.m.
3. Minutes of the April 28, 2008, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER HELEN BECKMAN'S ABSENCE FROM THE
APRIL 28, 2008, REGULAR COUNCIL MEETING.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-16 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 6.2244 ACRES OF LAND,
ABSTRACT 232, H.T. & B.R.R. COMPANY SURVEY, TRACT 28A-39,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF HALIK ROAD, AND
APPROXIMATELY 1,100 FEET WEST OF STATE HIGHWAY 35
(MAIN STREET)), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-15), TO ALLOW FOR A "BIO -DIESEL PLANT" IN THE
LIGHT INDUSTRIAL DISTRICT (M-1); AT THE REQUEST OF
HOUSTON FLEX FUELS, LLC, APPLICANT FOR AMERICAN RICE
GROWERS COOPERATIVE, INC., OWNER; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT;
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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 — REGARDING THE
APPOINTMENT OF KEVIN FITE TO SERVE IN POSITION NO. 5 ON
THE PARKS, RECREATION AND BEAUTIFICATION BOARD FOR A
3 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mr. Jon Branson,
Director of Parks and Recreation.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR DITCH CLEANING SERVICES. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECT EXPENDITURES. Mr. Bi/i Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
adopt Consent Agenda Items A through F 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-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,
Page 5 of 15 — 5/12/2008 - 7:00 p.m.
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,
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. 2000CUP13 on its first reading. After discussion, Ordinance
2000CUP-13 was tabled to allow the City Attorney to make amendments to the
Ordinance as requested.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP2008-11 .
Mayor Reid stated there are applicants that have businesses that do not fit in Pearland
and this is possibly one of those businesses. He is not in favor of gaming facilities
being in the City of Pearland; however, this particular applicant has been in the City of
Pearland for many years. The applicant is a developer that has brought many benefits
to the City such as donating more parkland than required and building homes and
bridges. He feels this applicant has met all the City's requirements for this type of
facility and should be considered for the permit.
Councilmember Beckman stated she has concerns about this type of business because
there are often issues of illegal operations with this type of business. The City has tried
to change their Ordinance and make it easier for the Police to more easily identify illegal
activities and shut the business down. This applicant has made the effort to try to follow
the Ordinance and has done everything correctly. She does not see how Council can
deny the permit after the applicant has done everything correctly.
Mayor Pro -Tem Saboe stated he agrees with Councilmember Beckman and challenged
the applicant to meet the City's requirements. He feels the applicant is trying to comply
with the extent of the Ordinance and he supports the permit.
Councilmember Kyle stated this type of establishment is not something Council would
like to see in the City of Pearland, especially with the illegal activities that have been
recently associated with this type of business. She appreciates the history the applicant
has with the City and the money he has invested in the location; however, the applicant
will not be overseeing the gaming business. This type of establishment is not what the
Page 6 of 15 — 5/12/2008 - 7:00 p.m.
City wants in the community. She does not feel that she can support the permit without
possibly setting some type of time limit for the permit, re -address the Gaming
Establishment Ordinance, and receive a commitment from the business operator to
provide information and access to the facility, and commitment from the Police
Department to closely monitor this particular establishment. The City of Pearland
deserves the best economic development and she does not feel this is the best.
Councilmember Cole stated these types of facilities should be written into the Gaming
Ordinance. He does like the idea of having a time limit for the permit. This would
require the operator to verify their establishment is operating according to the
Ordinance. There is not a lot of economic activity in the area of this location at this time,
but with future road development there will be. He does feel the business could be a
benefit for the City by bringing economic activity to an area of the City that needs more
activity and the location is very visible and will be easily monitored.
Larry Marcott, 3606 Inverness Court, addressed Council and stated he opposes this
permit application and he disagrees with several statements made pertaining the
issuance of the permit. He does not feel the City should consider the money the
applicant has spent to meet the Ordinance requirements when considering whether or
not to issue the permit. This is not the type of facility the City needs in its community. If
at a future time legislation is passed to legalize gambling, then that will be a different
circumstance. These types of businesses do not make money when they operate
legally and he feels this will lead to illegal operations. City Council should not approve
this permit application.
Neil West, 2218 Country Club, addressed Council and stated he feels this permit
application has become more about who the applicant is than what the establishment is.
No one in the City wants this type of facility in the community.
Councilmember Beckman has discussed this issue with many people who enjoy going
to a legal establishment who just enjoy playing the game. Her decision is not based on
sympathy for the applicant, but on what the Ordinance states. The applicant has met
the requirements and she feels the permit should be issued. These types of facilities
must be closely monitored and shut down if they are operating illegally.
Councilmember Kyle stated one of the primary issues to consider is what the
establishment will return to the community. She does not like this type of establishment
in the community. The facility will not contribute sales tax to the City and the business
operator does not live in the City and could possibly not have a direct day-to-day
observation of what is happening. She is sensitive to the applicant's commitment to the
community, but does not feel the future visibility of the business should be discounted
because it is currently in a high activity area. She feels the timeframe of the permit
should be that the permit is in effect until the business sustains a violation. Once the
business has one violation the permit should be dissolved.
Page 7 of 15 — 5/12/2008 - 7:00 p.m.
Councilmember Owens stated he supports this permit, but does feel the timeframe is a
good recommendation. The individual was told that he could be considered for a permit
if he met the Ordinance requirements. He does feel that the City should be cautious of
looking at business operators of this type of establishment that do not live in Pearland.
There are several business owners who operate other types of businesses in Pearland
that do not live here and the City would have to put the same sanctions on them. He
does feel the permit should dissolve if there is a violation of the Ordinance.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to amend
Ordinance 2000CUP-13 to incorporate a term the Conditional Use Permit shall only be
effective as long as the Game Room is in compliance with the laws of the City of
Pearland and the State of Texas, upon the first occurrence of violation found to be guilty
in a Court of competent jurisdiction, the Conditional Use permit will expire upon the
entry of final judgment of violation.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" Mayor Pro -Tem Saboe.
Motion Passed 4 to 1.
Councilmember Owens asked for clarification on the amendment.
Councilmember Kyle stated she understood the parameter agreed upon was that if the
establishment was ever cited for violating the Ordinance and subsequently adjudicated
or otherwise pleads guilty of a violation, the Conditional Use Permit would expire.
City Attorney Darrin Coker stated this restriction will only apply to this Conditional Use
Permit. If the Unified Development Code is amended, the restriction would apply to all
future Gaming Establishments.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Mayor Pro -Tem Saboe stated he feels the conditions put in the Ordinance are complex
and not clear and he does not feel Council should amend the Ordinance.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Page 8 of 15 — 5/12/2008 - 7:00 p.m.
Mayor Pro -Tem Saboe stated he is not opposed to a set time limit being applied to the
Permit. He feels the condition being applied is arbitrary and does not reflect the
collective intent of the Council. He feels this item should be amended to have a fixed
time frame or table the motion until he is able to review what the motion will specifically
state prior to making a decision.
Councilmember Cole stated he feels the motion should be tabled to give Council the
opportunity to review the specific language of the amendment.
City Attorney Darrin Coker stated the Ordinance can be considered at a Special
Meeting, but it will require a three-quarter vote of Council to be approved.
Councilmember Cole made the motion, seconded by Councilmember Owens, to table
Ordinance 2000CUP-13 to allow the City Attorney to make amendments to the
Ordinance as requested.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" Councilmember Kyle.
Motion Tabled 4 to 1.
FIRST READING OF ORDINANCE NO. 2000M-51 — 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 1.00 ACRES OF LAND, OUT OF THE S.G. HAYNIE SURVEY,
ABSTRACT 362, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF ALMEDA SCHOOL ROAD, AND
APPROXIMATELY 2,500 FEET NORTH OF SHADOW CREEK PARKWAY), (ZONE
CHANGE APPLICATION NO. 2008-09Z), FROM SPECTRUM DISTRICT (SPD)
DISTRICT S5: THE LIGHT AND HEAVY INDUSTRIAL DISTRICT TO OFFICE AND
PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF ALAN MUELLER,
APPLICANT FOR CLAUDIA BLAKEMORE, 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-51 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. 2008-09Z.
Page 9 of 15 — 5/12/2008 - 7:00 p.m.
City Manager Bill Eisen stated this zone change would allow for the operation of a
Foster Child Care Facility.
Mayor Pro -Tem Saboe stated he is concerned about the spot zoning issue discussed by
the Planning and Zoning Commission and would like more information on what is being
called spot zoning.
Assistant City Manager Nick Finan stated to determine spot zoning the surrounding
areas and the compatibility of the zoning uses are reviewed. If an area is zoned in a
way that is obtrusive to the surrounding areas then it would be considered spot zoning.
The majority of the Planning and Zoning Commission agreed that the requested zoning
for this area would not qualify as spot zoning.
City Attorney Darrin Coker stated, at the Planning and Zoning Commission Meeting,
Staff defined spot zoning and clarified what would qualify a location as having spot
zoning. Staff also explained that there were factors in the requested zone change for
this area that could possibly be perceived as spot zoning.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-52 — 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 53.342 ACRES OF LAND, IN THE THOMAS J. GREEN SURVEY,
ABSTRACT 198, AND BEING A PORTION OF THAT CERTAIN CALLED 118.755
ACRE TRACT OF LAND DESCRIBED AS TRACT 2 IN THE DEED RECORDED IN
VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE
NORTHWEST CORNER OF FM 518 (BROADWAY STREET) AND PEARLAND
PARKWAY), (ZONE CHANGE APPLICATION NO. 2008-10Z), FROM GENERAL
BUSINESS RETAIL DISTRICT (GB), SINGLE FAMILY RESIDENTIAL — 3 DISTRICT
(R-3), AND SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, APPLICANT FOR BEEMAN STRONG, 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 10 of 15 — 5/12/2008 - 7:00 p.m.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 2000M-52 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. 2008-1 OZ.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1351 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL
IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES
IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE. Mr. Oarrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Ordinance No. 1351 on its first reading.
City Manager Bill Eisen stated the City has gone through the process required by State
Law to review impact fees and recommended several changes in the fees. A Public
Hearing was held previously regarding this item.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Ordinance.
Councilmember Cole stated he would be in favor of reviewing the impact fees more
frequently to enable the City to more accurately adjust the impact fees.
Mayor Reid asked if there is a reason the study could not be performed more regularly.
City Manager Bill Eisen stated the City can conduct an impact study as frequently as
they want as long as they complete a study at least once every five years.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 15 — 5/12/2008 - 7:00 p.m.
COUNCIL ACTION — RESOLUTION NO. R2008-72 — A RESOLUTION DENYING THE
RATE INCREASE PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP.,
DBA CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS,
TEXAS COAST DIVISION ("CENTERPOINT"); AUTHORIZING PARTICIPATION IN A
COALITION OF CITIES KNOWN AS TEXAS COAST UTILITIES COALITION ("TCUC");
AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; REQUIRING THE
REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE
MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2008-72.
City Attorney Darrin Coker stated this item is to deny the proposed gas rate increase by
Centerpoint Energy and authorize the City to participate in the Texas Coast Utilities
Coalition. The item also authorizes Staff to obtain legal representation and specific
experts for the case.
Mayor Pro -Tem Saboe left the Council Chambers at 9:14 p.m.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent from the Chambers.
Mayor Pro -Tem Saboe returned to Council Chambers at 9:17 p.m.
FIRST READING OF ORDINANCE NO. 1350 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF
CERTAIN RIGHT-OF-WAY RECORDED IN THE PLAT RECORDS OF, BRAZORIA
COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
This item was passed to a future agenda, no Council action taken.
COUNCIL ACTION — RESOLUTION NO. R2008-75 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
EMPLOYEE HANDBOOK. Mr. Biii Eisen, City Manager.
Page 12 of 15 — 5/12/2008 - 7:00 p.m.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-75.
City Manager Bill Eisen stated Council received a copy of the recommended Employee
Handbook changes. Several changes are to bring the City into compliance with State
and Federal Laws and some are policy type changes.
Hersh Hoagan, 13810 Sutherland Spring Lane, addressed Council and stated he
represents the Pearland Police Officers' Association. In the past he has addressed
Council and Staff and asked that communication between the Pearland Police Officers'
Association and the City be improved and he is pleased to report there was
improvement in that area. Discussions with City Manager Bill Eisen have occurred and
the issues presented were taken into consideration. This Resolution will have many
benefits that impact employees of the City. Please keep in mind that this is National
Police Week and is a time to honor Officers that have made the ultimate sacrifice.
Mayor Pro -Tem Saboe stated he appreciates hearing from the employees of the City.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-71 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED
FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE FM 518
LANDSCAPE PROJECT. Mr. Jon Branson, Director of Parks and Recreation.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-71.
City Manager Bill Eisen stated the medians have been installed along FM 518 for quite
some time, but due to changes in the TxDOT Grant Program, the landscaping has not
been completed.
Director of Parks and Recreation Jon Branson stated in September 2007, Council
authorized Staff to submit a cost share application, but no information was received
back regarding the application. After some time, Staff was informed there had been
changes to the Grant Program process. During this time period, Keep Pearland
Beautiful was awarded the Governor's Community Award for $130,000. This is good
news because the new program will allow this budget to utilize these funds and if bids
come in as expected, there will be no cost to the City. The City will submit the
application and will be required to fund the project in advance and then be reimbursed.
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Mayor Pro -Tem Saboe asked if the time of the year and climate puts the project at risk
and will Staff verify the new landscaping is properly irrigated.
Director of Parks and Recreation Jon Branson stated the climate does put the project at
risk, but the City has the option to supplement the drip irrigation system planned for the
project.
Councilmember Beckman stated in the past, when the City has received the Governor's
Community Award, the funds were required to be spent on projects on State Highways.
Most of the entrances to the City of Pearland are not on State Highways, but in this
instance, the City has been allowed to use the funds for entrances to the City that aren't
located on a State Highway.
Mayor Reid stated he is positive the current committee members will ensure the funds
are spent properly for each location.
Councilmember Owens asked if the funds the City is going to pay in advance are funds
that are currently available or if they will have to be borrowed for the project.
Director of Parks and Recreation Jon Branson stated the City will not have to borrow the
funds, but there will need to be a budget adjustment in the future to cover funds taken
from other projects until the reimbursement occurs.
City Manager Bill Eisen stated the City would take the funds out of the General Fund
Reserve and then reimburse the reserve.
Councilmember Cole asked what the timeframe for this project is.
Director of Parks and Recreation Jon Branson stated the timeframe could be as little as
thirty days or as long as ninety days. The plans and specifications are ninety percent
complete and as soon as the application is approved, the project could go to the bidding
process.
Discussion ensued between Council and Director of Parks and Recreation Jon Branson
regarding the project.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2008-74 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR
EMS BILLING SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-74.
City Manager Bill Eisen stated this item renews and extends the contract with
Intermedix. The City has worked with this company for a number of years and is
satisfied with the services provided.
EMS Operations Director Jeff Sundseth stated the City began working with Intermedix
in December 2003. Since 2003 the City's revenues have increased greatly and
Intermedix continues to improve their abilities to benefit the City.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:33 p.m.
Minutes approved as submitted and/or corrected this the Stn day of June, A.D., 2008.
Tom Reid
Mayor
ATTEST:
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