2008-06-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 9, 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
Helen Beckman
Woody Owens
Steve Saboe
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
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; Roland Garcia Fire Marshal; 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 J. C. Doyle Police Chief.
MAYOR'S ACTIVITY REPORT
Mayor Reid, City Manager Bill Eisen, and EMS Operations Director Jeff Sundseth
presented Kenny Sanders, EMS Department, with a Certificate of Recognition as the
Part -Time Employee of the Quarter_
Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge and Public
Works Director Danny Cameron, presented Certificates of Recognition to Public Works
Administrative Clerk Lynn Baker, Public Works Administrative Clerk Sheila Olivarez,
Water and Sewer Construction Supervisor John Miller, and Street and Drainage Light
Equipment Operator Sean Godinez for their work in the Pearland Proud Program_
COUNCIL ACTIVITY REPORTS
Councilmember Owens, Beckman, Saboe, Kyle and Cole passed on giving a report.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported passed on giving a report.
Page 1 of 10 — 6/9/2008
CITIZENS
Larry Marcott, 3606 Inverness Court, addressed Council and stated he is concerned
that two Conditional Use Permit applications have been placed on the Consent Agenda_
The items include some building, if they are approved and he feels this type of
substantial project and should be addressed and discussed by Council_
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the April 28, 2008, Special Meeting of the Benefit
Employees Trust held at 6:00 p.m.
2. Minutes of the May 5, 2008, Public Hearing held at 6:30 p.m.
3. Minutes of the May 5, 2008, Special Meeting held at 7:30 p.m.
4. Minutes of the May 12, 2008, Public Hearing held at 6:30 p.m.
5. Minutes of the May 12, 2008, Regular Meeting held at 7:00 p.m.
6. Minutes of the May 12, 2008, Regular Meeting held at 7:30 p.m.
7. Minutes of the May 13, 2008, Special Meeting held at 6:30 p.m.
8. Minutes of the May 19, 2008, Special Meeting held at 6:00 p.m.
9. Minutes of the May 19. 2008, Joint Public Hearings held at 6:30
p.m.
10. Minutes of the June 2, 2009, Special Meeting held at 7:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-17 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 29.4145 ACRES OF LAND OUT OF
LOTS 172 AND 173 OF THE ZYCHLINSKI SUBDIVISION OUT OF
THE H.T. & B.R.R. COMPANY SURVEY, SECTION 27, ABSTRACT
308, AND THE G. C. SMITH SURVEY, SECTION 28, ABSTRACT
551, ACCORDING TO THE PLAT RECORDED IN VOLUME 29,
PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY
35 (MAIN STREET), AND ON THE SOUTH SIDE OF INDUSTRIAL
DRIVE), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-17), TO ALLOW FOR A "PETROLEUM PRODUCT
EXTRACTION, REFINING, MANUFACTURER, AND STORAGE"
FACILITY, IN THE HEAVY INDUSTRIAL DISTRICT (M-2); AT THE
Page 2 of 10 — 6/9/2008
REQUEST OF ENVIRONMENTAL SERVICES GROUP, INC.,
APPLICANT FOR AIRGAS SPECIALTY GASES, INC., 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.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-18 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 6.00 ACRES OF LAND,
APPROXIMATELY, BEING A PORTION OF LOTS 37A, 37B,
ABSTRACT 542, AND TRACTS 36A -36C1, ABSTRACT 233, H.T. &
B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
STATE HIGHWAY 35 (MAIN STREET), AND ON THE SOUTH SIDE
OF HALIK ROAD), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-16), TO ALLOW FOR THE FOLLOWING USES:
CONSTRUCTION CONTRACTOR WITH STORAGE YARD;
MACHINERY SALES, STORAGE, AND REPAIR; MOVING AND
STORAGE COMPANY; PRINTING COMPANY; OFFICE
WAREHOUSE STORAGE AND SALES; OUTSIDE STORAGE;
STORAGE OF USED LUMBER AND BUILDING PRODUCTS; TOOL
AND MACHINERY RENTAL; WELDING SHOP; WAREHOUSE AND
DISTRIBUTION FACILITY; IN THE GENERAL COMMERCIAL
DISTRICT (GC); AT THE REQUEST OF WILL BENSON OF THE
NATIONAL REALTY GROUP, APPLICANT FOR HIEP PHAM, INC.,
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.
Will Benson, applicant for Ordinance No. 2000CUP-18, asked that Consent Agenda
Item C be removed from the Consent Agenda and passed to a future agenda.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through C with the exception of item C, as presented on the
Page 3 of 10 — 6/9/2008
Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by the Applicant, Consent Item C, Ordinance No. 2000CUP-18, will be
passed to a future Agenda.
NEW BUSINESS
Mayor Reid with concurrence of Council moved the New Business Item No. 4.
COUNCIL ACTION — RESOLUTION NO. R2008-79 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2007 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City
Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Resolution No. R2008-79.
City Manager Bill Eisen stated each year the Tax increment Reinvestment Zone No. 2
(TIRZ No. 2) submits an Annual Report. This the 2007 Annual Report and after being
approved by Council, the report will be approved by all governing bodies of each
participating entity.
Sue Darcy, Marsh Darcy Partners, Inc., stated this is the tenth anniversary for TIRZ No -
2 and continued to provide Council with a detailed explanation of the 2007 Annual
Report.
Drew Pelter, Shadow Creek Ranch, provided Council with an update on the progress of
the Shadow Creek Ranch Development including residential, commercial, and road
projects_
Discussion ensued between Council, Gary Cook, Shadow Creek Ranch, and Sue
Darcy, Marsh Darcy Partners, Inc., regarding TIRZ No. 2.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Page 4 of 10 — 6/9/2008
Motion Passed 5 to 0.
Mayor Reid with concurrence of Council moved back to New Business Item No. 1.
FIRST READING OF ORDINANCE NO. 2000M-53 — 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 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN
CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER FILE
NUMBER 2007008914 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS,
AND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300,
SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, ON THE EAST SIDE OF
KIRBY DRIVE, AND ON THE WEST SIDE OF BUSINESS CENTER DRIVE), (ZONE
CHANGE APPLICATION NO. 2008-12Z), FROM PLANNED DEVELOPMENT
DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT
TO THE EXISTING PD FOR PEARLAND TOWN CENTER, AT THE REQUEST OF
CBL AND ASSOCIATES, 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 2000M-53 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. 2008-12Z. The Planning and
Zoning Commission provided additional information that the amendment regarding
administrative review for signage was denied and the amendment regarding parking
was tabled.
City Manager Bill Eisen stated this item is a Planned Development District that involves
modifications to the provisions of transparency requirements set by the City. The
Ordinance currently requires anything less than ninety -feet from the street right-of-way
must meet the transparency requirements. The application also includes various
modifications to signage requirements.
Larry Marcott, 3606 Inverness Court, addressed Council and stated he attended the
Public Hearing for this item and stated he recommends the City enforce the current
parking requirements for this project. He does not know the situation with the parking
portion, but feels that since the City does not have public transportation, the requested
parking requirements should be denied.
Page 5 of 10 — 6/9/2008
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to O.
FIRST AND ONLY READING OF ORDINANCE NO. 1206B — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
28, TAXATION, SECTION 28-1.1 .(a), HOMESTEAD EXEMPT/ON OF THE PEARLAND
CODE OF ORDINANCES, BY ADDING A GENERAL RESIDENTIAL HOMESTEAD
EXEMPTION FOR PROPERTY OWNERS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; A SAVINGS CLAUSE; A REPEALER CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Mr. BN Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 1306B on its first and only reading.
City Manager Bill Eisen stated earlier this year Council held two Workshops regarding
general homestead exemption which would apply to every owner -occupied single-family
residence within the City limits. Council had indicated an interest in having an
Ordinance that would provide a 2.5 percent homestead exemption or $5,000, whichever
is greater for the individual property. This item is an Ordinance that meets those
specific terms. Also, if an owner meets the requirements for the over 65 or disabled
exemption, this exemption would be offered in addition to that exemption.
Councilmember Owens stated he is pleased to see this exemption come through. The
exemption is not as much as he would like to see it be, but at least it is a step in the
right direction. With the way things are happening at this time, and the cost estimation,
this is something that is needed.
Councilmember Saboe stated he also supports this item. He has not seen what the
budget for this year will look like, but he is aware there is a chance the effective tax rate
could be increased as much as a penny. Mr. Saboe stated the write-up of this item
mentions a second reading for this Ordinance, but the item is on the Agenda as first and
only reading and he wanted to verify the Ordinance could be done as a first and only
reading_
City Attorney Darrin Coker stated this item does not require two readings and is being
done as a first and only reading because of required timelines.
Councilmember Kyle asked how the passing of this Ordinance is going to affect the new
City Budget.
Page 6 of 10 — 6/9/2008
City Manager Bill Eisen stated Staff is in the process of discussing the budget for each
individual department. He feels that even though there may be an increase on the debt
service side as much as six -cents, he does not expect there to be this type of change
on the tax rate portion of the budget.
Discussion ensued between Council, City Manager Bill Eisen, and Director of Finance
Claire Manthei regarding the Ordinance.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-80 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION CONTRACT ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT
(PHASE 11). Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-80. After discussion, Resolution No. R2008-80 was tabled to
allow Council to receive more information.
City Manager Bill Eisen stated this issue relates to the relocation of pipelines owned by
Kinder Morgan Tejas Pipeline LLC associated with Phase 11 of the Dixie Farm Road
Project. There are a number of conflicts associated with this portion of the project and
the total estimated cost is $1,945,000. The agreement will require the City to be
responsible for $972,593.50 or fifty -percent of the total cost_
Larry Marcott, 3606 Inverness Court, addressed Council and stated he is representing
Rustic Oaks Subdivision located on Dixie Farm Road. There are stakes that go across
the entrance way with only one way in and one way out. Several weeks ago all
residents were trapped in their subdivision because a pipeline company had broken a
gas line. Residents were not given any notification of the problem. The residents are
having a problem getting in and out of the subdivision on a regular basis and there will
be a problem in an emergency situation. Discussions need to take place as to what the
plan is and what is going to be done soon to fix the situation.
Councilmember Kyle stated she does not have any objection to the nature of the
agreement; however, there will be a third party coming in to perform some construction
and assume some of the cost. The indemnification provision only addresses the
indemnification for damages caused by the owners misconduct. She suspects the
owner will use a subcontractor and she would encourage the City to make sure any
subcontractor used by the owner is included in the indemnification provision. She would
Page 7 of 10 — 6/9/2008
also like to see the provision not just to include harm or damages caused by the
relocation of the pipeline, but also any harm or damage to the actual roadway or the
impact to the road. Staff also needs to verify the City is not giving up any rights in the
contract.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
contract.
Councilmember Kyle made the motion, seconded by Councilmember Owens to amend
Resolution No. R2008-80 to reflect changes requested by Councilmember Kyle.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None_
Motion Passed 5 to 0.
Councilmember Owens stated he has a concern because it appears the work will be
subcontracted out, but there is a sixteen -percent fee of $263,000 for company
overhead. It appears there is only $12,000 to $13,000 at the most, but they are
applying the sixteen -percent to everything. This is not the way it is normally done when
the work is done by subcontractors. He would like to see more clarification of why the
overhead fee is so high when there doesn't appear to be any substantial overhead for
the company.
Project Director Trent Epperson stated he can get clarification of the fee. He stated the
cost may be related back to loss of function of the pipeline for the duration of the
project.
Discussion ensued between Council and Project Director Trent Epperson regarding the
project_
Councilmember Kyle stated Staff needs to investigate to verify that the cost for any loss
of function of the pipeline is not included in the total cost. She has not read the statute,
but if this is not a cost they are entitled to reimbursement on, Staff needs to be cautious
about including any fees for loss of use in the contract cost.
Councilmember Owens stated items such as loss of function reimbursement are
typically included on a separate line item in the contact.
Councilmember Cole stated he would like to verify the City is communicating with the
residents and businesses that will be affected by projects in their area. Mr. Cole stated
he would like more clarification on several items in this contract prior to voting on the
item.
Page 8 of 10 — 6/9/2008
Councilmember Cole made the motion, seconded by Councilmember Owens to table
Resolution No. R2008-80 until more information is received by Council.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor called a recess at 8:58 p.m. to return to the Workshop
Mayor Reid called this meeting back to order at 9:38
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:38
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 PLATTING
ISSUES. Mr. Bill Eisen, City Manager.
2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
REAPPOINTMENT OF MUNICIPAL COURT JUDGES. City Council.
3. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING
CITY MANAGER'S ANNUAL GOALS. City Council.
4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC.
AND THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Darrin Coker,
City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:07 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
PLATTING ISSUES. City Council.
No action taken by Council.
Page 9 of 10 — 6/9/2008
COUNCIL ACTION — REGARDING THE REAPPOINTMENT OF MUNICIPAL COURT
JUDGES. City Council.
No action taken by Council
COUNCIL ACTION — REGARDING THE CITY MANAGER'S ANNUAL GOALS. City
Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
OTHON, INC. AND THE MAGNOLIA ROAD EXPANSION PROJECT. City Council.
No action taken by council.
ADJOURNMENT
Meeting was adjourned at 12:07 p.m.
Minutes approved as submitted and/or corrected this the 23rd day of June, A.D., 2008.
Tom Reid
Mayor
ATTEST:
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