2008-08-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 11, 2008, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:55 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: Danny Cameron Public Works Director; J.C. Doyle Police Chief;
Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge
Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance
Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of
Economic Development Corporation; Bob Pearce Purchasing Officer; Johnny Spires
Assistant Police Chief.
The invocation was given by Councilmember Saboe and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported July 28, attended the V.I.P. Reception for the CBL Town Center;
July 30, Cut the Ribbon for the Pearland Town Center and attended the Economic
Alliance Houston Port Region Board of Directors Meeting; July 31, attended the Bay
Area Scouts Nomination Committee Meeting and joined the new City of Pearland Urban
Forester for the Tree Print Regional Meeting; August 2, spoke at the Eagle Scout Court
of Honor Event; August 4, attended the Agenda Meeting, the Retirement Party for
Theresa Grahmann, the Emergency Management Hurricane Meeting, and the Council
Workshop and Special Meeting; August 5, joined Congressman Nick Lampson at the
VFW; August 6, attended the Magnolia Overpass Public Information Meeting; August 7,
was a Speaker at the PAF Realty Monthly Meeting, attended the McHard Road Public
Information Meeting, and visited the Adult Reading Center for the Citizenship Class;
August 8, attended the Pearland Area Chamber of Commerce Business Before
Breakfast Event; August 9, represented Pearland at the India Fest 2008, 62nd
Anniversary of India's Independence; August 11, attended the Brazoria County Tax
Abatement Review Committee Meeting with Judge Joe King.
Page 1 of 17 — 8/11/2008
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Saboe, Beckman, and Kyle passed on giving a report.
Councilmember Cole stated he hopes that as Hurricane Season matures, and the
storms get worse, that people will heed warnings and stay informed.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported, because of how close to the coast the storm formed,
the time the City had to prepare was short. In the event that the storm did come in, the
City followed its normal procedures and was prepared for power outages and other
possible damage. Mr. Eisen stated there is a blood drive for all military personnel and
their families being held August 22nd and 23rd at the National Guard Armory in Angleton,
TX and is being sponsored by the Military Moms and Wives of Brazoria County.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the July 21, 2008, Joint Public Hearings held at 6:30
p.m.
2. Minutes of the July 28, 2008, Regular Meeting held at 5:30 p.m.
3. Minutes of the August 4, 2008, Special Meeting held at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-20 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 9.004 ACRES OF LAND, BEING
TRACT 53, OUT OF THE H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 544, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF JASPER
ROAD), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-20), TO ALLOW FOR THE USE OF "ALUMINUM
COMPOSITE MATERIALS" FOR THE EXTERIOR FAQADE OF A
BUSINESS LOCATED IN THE GENERAL COMMERCIAL DISTRICT
(GC); AT THE REQUEST OF G & G CONSTRUCTION, APPLICANT
FOR CLS PROPERTIES, INC., OWNER; CONTAINING A SAVINGS
Page 2 of 17 — 8/11/2008
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 — RESOLUTION NO.
R2008-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF
SEPTEMBER 8, 2008 AND SEPTEMBER 15, 2008 CITY COUNCIL
MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR
2008-2009 BUDGET AND SETTING THE PUBLIC HEARING ON THE
BUDGET. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-109 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX REVENUE
INCREASE OF 4.47% AND PLACING ON THE AGENDAS OF
SEPTEMBER 8 2008 AND SEPTEMBER 15, 2008 CITY COUNCIL
MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR
2008-2009 TAX RATE AND SETTING THE PUBLIC HEARINGS ON
THE TAX RATE. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-108 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING THE REGULAR MEETING
TIMES AND DATES FOR SEPTEMBER 2008 TO ENSURE
COMPLIANCE WITH STATUTORY BUDGETARY TIMELINES.
Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-113 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE HILLHOUSE ROAD
IMPROVEMENT PROJECT. Mr. Danny Cameron, Public Works
Director.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF IN -
CAR DIGITAL VIDEO CAMERA SYSTEMS. Mr. Bill Eisen, City
Manager.
Page 3 of 17 — 8/11/2008
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-115 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR
CERTAIN UTILITIES. Mr. Bill Eisen, City Manager.
Councilmember Kyle asked that Consent Agenda Item B. Ordinance No. 2000CUP-20
be removed from the Consent Agenda for further discussion.
Mayor Reid asked that Consent Agenda Item D. Resolution No. R2008-109 be removed
from the Consent Agenda for further discussion.
Councilmember Saboe asked that Consent Agenda Item G. Resolution R2008-111 be
removed from the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through H with the exception of items B, D, and G, as
presented on the 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 Councilmember Kyle Consent Agenda Item B. Ordinance No.
2000CUP-20 was removed for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-20 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 9.004 ACRES OF LAND, BEING
TRACT 53, OUT OF THE H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 544, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF JASPER
ROAD), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-20), TO ALLOW FOR THE USE OF "ALUMINUM
COMPOSITE MATERIALS" FOR THE EXTERIOR FACADE OF A
BUSINESS LOCATED IN THE GENERAL COMMERCIAL DISTRICT
(GC); AT THE REQUEST OF G & G CONSTRUCTION, APPLICANT
FOR CLS PROPERTIES, INC., OWNER; CONTAINING A SAVINGS
Page 4 of 17 — 8/11/2008
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 Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 2000CUP-20
City Manager Bill Eisen stated this item is a request for a Conditional Use Permit to
allow materials not typically allowed under the Unified Development Code in the type of
area of this type. The specific request is for the use of architectural metal at Strickland
Chevrolet for a renovation being completed.
Councilmember Kyle stated the Planning and Zoning Commission approved this
Conditional Use Permit with the condition that thirty-five percent of the fagade not
exceed the architectural metal. This has been incorporated into the Ordinance and
there was a lot of discussion on this at the Joint Public Hearing for this item. She
wanted to verify that the Conditional Use Permit was actually usable by Strickland
Chevrolet.
Assistant City Manager Nick Finan stated it is his understanding that representatives
from Strickland Chevrolet stated, with the amount of glass they have on the facility, they
would be able to stay within the thirty-five percent restriction.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Mayor Reid Consent Agenda Item D. Resolution No. R2008-109 was
removed from the Consent Agenda for further discussion.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-109 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX REVENUE
INCREASE OF 4.47% AND PLACING ON THE AGENDAS OF
SEPTEMBER 8 2008 AND SEPTEMBER 15, 2008 CITY COUNCIL
MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR
2008-2009 TAX RATE AND SETTING THE PUBLIC HEARINGS ON
THE TAX RATE. Mr. Bill Eisen, City Manager.
Page 5 of 17 — 8/11/2008
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-109.
City Manager Bill Eisen stated he removed this item because he felt it was necessary to
discuss the notice that is required by law to be published in the Official City Newspaper.
The action, if taken, would result in the City Council being able to adopt the new tax rate
of a maximum rate of $0.6526 per $100 valuation, which exceeds the effective tax rate
of $0.624656.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Councilmember Saboe Consent Agenda Item G. Resolution R2008-
111 was removed from the Consent Agenda for further discussion.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF IN -
CAR DIGITAL VIDEO CAMERA SYSTEMS. Mr. Bill Eisen, City
Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Resolution No. R2008-111.
City Manager Bill Eisen stated this item is a request to consider the purchase of in -car
digital camera systems for the police cars. Police Chief J.C. Doyle discussed this
acquisition in some detail in a previous Workshop.
Mayor Reid stated he feels this is a good example of the Pearland Police upgrading its
policing capabilities with the tools required for the City's growth.
Councilmember Saboe he pulled this item because he supports it and he feels the
treatment of the selection process was good, but he does not feel something that is
above budget should be included in the Consent Agenda.
Brief discussion ensued between Council, City Manager Bill Eisen, and Councilmember
Kyle regarding the Resolution.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Page 6 of 17 — 8/11/2008
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 943-17 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE
FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Nick Finan, Assistant City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 943-17 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval.
City Manager Bill Eisen stated Council held a Joint Public Hearing previously regarding
this particular change to the Master Thoroughfare Plan in the Spectrum Area. The
Planning and Zoning Commission has recommended Council approve the changes as
submitted.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 943-16 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE
FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Nick Finan, Assistant City Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to
approve Ordinance No. 943-16 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval.
Page 7 of 17 — 8/11/2008
City Manager Bill Eisen stated this item is also for changes in the Master Thoroughfare
Plan for Northfork Drive and Hillhouse Road. The Planning and Zoning Commission
has recommended Council approve both changes.
Councilmember Cole stated he had raised the question of Hillhouse Road moving north,
given the High School being built in the area and potential traffic, whether the right-of-
way should be an eighty -foot instead of a sixty -foot. He was not sure if the Planning
and Zoning Commission had actually addressed this issue.
Assistant City Manager Nick Finan stated he was not at the Planning and Zoning
Commission Meeting and is not aware whether the question was discussed.
City Engineer Narciso Lira stated the issue was discussed and it was determined, with
several other factors, the sixty -foot right-of-way would be adequate.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000-T-8 — 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.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Ordinance No. 2000-T-8 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval.
City Manager Bill Eisen stated this issue relates to a series of proposed changes to the
Unified Development Code. The City has held Public Hearings and Workshops
regarding these changes and the Planning and Zoning Commission has recommended
Council approve the changes
Meg Belmontes, 406 Heidrich Street, addressed Council and stated she is with the Brick
Industry Association. She wanted to introduce herself to Council and state, if the City is
interested in strengthening any of its masonry requirements within its Ordinance, they
are able to provide help if needed.
Page 8 of 17 — 8/11/2008
Councilmember Cole stated the write up Council received is confusing on page one and
two which discusses house hold care facility screening elements and then the pre -
elementary school in a shopping center environment. He stated the write up states the
Planning and Zoning Commission recommended the item for approval three to two and
asked if the Commission voted on the items separately or together.
Assistant City Manager Nick Finan stated the Planning and Zoning Commission voted
as a single vote and the motion was to proceed with the recommendation that was
given by City Council. One Commissioner voted against the item because he wanted
more time to review the item and the other Commissioner voted against the item
because he wanted to see all the requested changes be specifically stated in the
wording prior to voting in favor.
Mayor Reid asked if the City is requiring brick fences around detention ponds.
Assistant City Manager Nick Finan stated the wording states the City is satisfied with
alternative material and did not require masonry.
Councilmember Saboe asked for clarification on the electronic changeable message
size. In Section No. 4, Subsection "D" the wording states 'The effective area shall be
measured from the highest point on the sign to the elevation of the center of the base of
the sign by the width at the highest point (refer to Figure 4-7). Changeable message
signs or marquee signs may be part of a ground sign, but shall not cover more than
seventy-five percent (75%) of the effective area." The new Section 6, Subsection "B"
states 'The flashing display (i.e., changeable message) portion shall not exceed twenty
five (25) percent of the total allowable effective sign area." Councilmember Saboe
stated he is not sure this is not a conflict.
Councilmember Cole stated he believes this Section is for multi -tenant signs and feels
the clarification needs to be whether Section 6 is for electronic signage in general.
Council previously approved electronic signage on County Road 403 and they were
held to the twenty-five percent of the sign area for the changeable portion of the sign.
He is wondering if Section No. 6 should be a part of the electronic messages all
together versus what is being specified by Section No. 4.
Assistant City Manager Nick Finan re -read the wording and stated the item before deals
with multi -tenant signs where letters can be put on and pulled off and is limited to no
more than seventy-five percent of the area. He stated electronic messaging boards are
addressed separately so that there can be a combination sign, but the electronic portion
has no more than a twenty-five percent restriction.
City Attorney Darrin Coker stated that Section No. 6 should possibly be listed as a
separate item.
Page 9 of 17 — 8/11/2008
Councilmember Saboe stated that he feels the wording is too ambiguous because of
the language being used in both sections. It would be easy for a person to confuse the
terminology as it is used.
Assistant City Manager Nick Finan stated he agrees the wording is confusing and can
be changed prior to the second reading of the Ordinance.
City Attorney Darrin Coker stated he recommends the Ordinance being approved on the
First Reading with the understanding the changes will be made prior to the second
reading.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1353 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT
PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #20), IN
ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT
ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE
ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX
ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1353 on its first reading.
City Manager Bill Eisen stated Council previously held a Public Hearing pertaining to
this item. This is the first step in a two-step process to grant a Tax Abatement to Neela
Inc. The first step involves the creation of a Reinvestment Zone and the second step
will be for Council to approve the actual Tax Abatement.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Page 10 of 17 — 8/11/2008
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION — RESOLUTION NO. R2008-112 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNUAL
ACTION PLAN FOR THE COMMUNITY BLOCK GRANT PROGRAM. Mr. Bill Eisen,
City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-112.
City Manager Bill Eisen stated this item is the annual specific action plan with regard to
Community Development Block Grant funding. Council has discussed
recommendations for the funds at a previous meeting. Council had suggested
reviewing options for sidewalks instead of the original proposed wastewater project.
The plan has been revised to include social service funding and two sidewalk projects.
Councilmember Saboe stated, because of the definition of the Community Development
Block Grant Program and where the funds can be used, the City is required to complete
a survey of the areas to verify they are servicing the facility. He stated, when Old Alvin
Road was discussed, the entire stretch was discussed and asked if this area was
reviewed and denied or has it not been reviewed at this time.
Assistant City Manager Nick Finan stated the City only conducts surveys if they want to
change from what the census layout already provides. To include the areas that are not
within the specific area a survey would be required. Staff reviewed areas that were
already included within the specific area and that could meet with the request for
sidewalks by Council.
Councilmember Saboe stated he feels the sidewalks are needed in both places and
does not oppose the sidewalk projects being located within the areas already specified.
Public Works Director Danny Cameron stated the Old Alvin Road area was chosen
because with the pedestrian bridge that is being installed, the sidewalks will help the
children from the area get to the school.
Discussion ensued between Council, City Manager Bill Eisen, Public Works Director
Danny Cameron, and Director of Finance Claire Manthei regarding the project.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Page 11 of 17 — 8/11/2008
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-114 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH BRAZORIA COUNTY. Mr. Trent Epperson, Project Director.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-114.
City Manager Bill Eisen stated TxDOT will begin installing a traffic signal at CR 59 and
SH 288. Staff has reviewed the project and has determined, in afternoon traffic peaks,
there will be a problem involving a stop sign in the area. This item will allow the City to
move up the installation schedule of two signal lights that are included in the Magnolia
Road Project at CR 90 and CR 94.
Councilmember Saboe stated he would like something to be sent to the public in
reference to the project and the reasoning behind certain design layout decisions made
by TxDOT.
Discussion ensued between Council and City Manager Bill Eisen regarding the project.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-57 — 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 6.00 ACRES OF LAND, BEING OUT OF LOTS 23 AND 24,
SECTION 21, OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS FILED IN VOLUME 2,
PAGE 24, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
CULLEN BOULEVARD, ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET),
AND ON THE NORTH SIDE OF FITE ROAD), (ZONE CHANGE APPLICATION NO.
2008-11Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB) AND SUBURBAN
RESIDENTIAL — 12 DISTRICT (SR -12) TO PLANNED DEVELOPMENT
DISTRICT(PD), AT THE REQUEST OF LES KILDAY AND KILDAY REALTY
CORPORATION, APPLICANT FOR IMANI CHURCH, 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 12 of 17 — 8/11/2008
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-57 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. 2008-11 Z.
Mike Pollak, 10603 Tarrington, addressed Council and stated he is the owner and
developer of the 20 -acres located directly to the south of this location. He wants to
express strong opposition to a thirty -nine -foot tall, high density, multi -family apartment
zoning adjacent to a low density, residential, single family Planned Unit Development.
He feels this type of development is needed, but that there are other locations within the
City that would be more compatible for the specific uses.
Keith Whitaker, 3607 Pinehurst, addressed Council and stated he is a resident of
Pearland and the Pastor of the First United Methodist Church and is speaking on behalf
of the project because it would provide affordable housing for seniors. His own parents
fall within this category and there are other members of his church that fall into the
category and this facility would benefit the City as a community.
Mayor Reid stated there were a number of questions regarding this request at the prior
meeting and he is not sure if all the items have been addressed. It appears the
concerns expressed by the Planning and Zoning Commission were addressed, but it
does not appear any of the concerns expressed by the Council were addressed.
Councilmember Saboe stated in a memo to Planning Director Lata Krishnarao, the
development agreement is referenced with a legend of materials and included the
question if copies of these items need to be brought for Council. He is concerned
because the Planning and Zoning Commission did not address the objections clearly
stated by Council during the Workshop and Joint Public Hearing. He is trying to
understand how the City is dealing with a PD Document that requires access and
detention and yet it is not part of the PD Document provided and he has not seen a
copy of the Development Agreement at this time.
Assistant City Manager Nick Finan stated the Development Agreement was sent to
Council with the packet, but it was sent after the original packet delivery.
Councilmember Saboe stated Council has received several different packets on this
item and it is confusing.
Assistant City Manager Nick Finan provided clarification to where the Development
Agreement was located in the information provided to Council.
Mayor Reid stated Planning Director Lata Krishnarao received a submittal late this
afternoon and he feels this is very late to be receiving information for an Agenda Item.
Page 13 of 17 — 8/11/2008
There was a list of issues Council had and as the project progressed, none of these
issues were addressed. The Planning and Zoning Commission had to table the item
when they first received it because they had not received all the information they
requested. He himself provided the applicant with a list of the issues and to his
knowledge they have still not been addressed.
Les Kilday, Kilday Realty Corporation, stated his company is the owner and developer
of Town Place Reserve. At the Planning and Zoning Commission Meeting it was
determined that the PD Document only includes six acres. There was a concern about
including the road and detention in the PD Document, but as part of the application with
the State, Kilday Realty Corporation cannot change the site plan. In discussions with
the Planning and Zoning Commission it was decided that the six acres, the detention,
and the road would be tied together with a Developer Agreement. The Development
Agreement was reviewed by the Deputy City Attorney Nghiem Doan and he stated he
did not have any issues with the agreement.
Councilmember Saboe asked if the City of Pearland is a party to the grant.
City Attorney Darrin Coker stated the City has to agree to the development for the grant
to be approved.
Les Kilday, Kilday Realty Corporation, stated the concern for the Planning and Zoning
Commission was that if the grant was approved, then the City would not have the
authority to deal with the road and amenities other than City guidelines. He feels these
issues were addressed by Kilday Realty Corporation. The Development Agreement
was created to address the concerns and provide the City the authority to approve the
detention and road to its desired standards.
City Attorney Darrin Coker stated that ideally something of this nature would be included
in the PD Document. In this agreement, Kilday Realty Corporation is agreeing to do
everything and there is nothing for the City to agree to. He does not feel the City should
utilize the Development Agreement for this type of situation.
Councilmember Saboe stated he would like clarification on why the detention and road
cannot be included in the grant application.
Les Kilday, Kilday Realty Corporation, stated the detention and road can be included in
the grant application, but it was not included in their original submittal in February 2008.
At the time of the original submittal, the plan was to do the detention onsite, but as the
project evolved it was decided to have the detention for the entire development located
in one spot. As of July 31, 2008 the State approved the Application for funding and sent
a commitment letter contingent upon final approval of zoning by the City of Pearland.
The Zoning approval has to be submitted by August 21, 2008, or the approval will be
rescinded.
Page 14 of 17 — 8/11/2008
Councilmember Kyle stated that she appreciated the applicant's situation, but she
shares the concerns of Councilmember Saboe. She also has her own concerns
regarding the design that is being proposed for the detention and whether the
Development Agreement is legally enforceable or provides the City any security in the
project. Cullen Boulevard is a very important thoroughfare to the City and she is not
comfortable with the proposed project.
Councilmember Cole stated he has several issues with this proposed project. The first
issue is that he does not believe the Planning and Zoning Commission has the authority
to recommend Council enter into a contract. The other issue is that in the Development
Agreement it states "Developer shall construct or cause to be constructed, at no cost to
City, the street in accordance with all applicable City guidelines generally as depicted on
Exhibit "B" attached hereto." He asked if Engineering has reviewed Exhibit "B" and what.
will happen if Exhibit "B" does not work. He has asked what the highest and best use
for the property is and this is what the City is making a decision on. He is in favor of
affordable senior housing, but he has not gotten a solid answer on whether this is the
best location for this type of development. This project does not conform to the City's
Comprehensive Plan yet Staff, in general, is recommending it for approval which is
unusual. There is also very little in regard to the Comprehensive Plan by the Planning
and Zoning Commission, even in the Meeting Minutes. The goal of the City of Peariand
a year ago was to drill down on the Comprehensive Plan to verify the City's Zoning was
realistic. There was only one meeting on this with nothing since that meeting. Staff was
supposed to take it on in-house, but nothing has been given to Council since. He stated
he will not support this item at this meeting and most likely will not support it in the
future.
Councilmember Saboe stated he is astounded the minutes of the Planning and Zoning
Commission do not address what Councilmember Cole referenced or the concerns
stated by Council at the Joint Public Hearing.
Les Kilday, Kilday Realty Corporation, stated he feels that Kilday Realty Corporation
has addressed all the concerns that were present in all the meeting minutes. Their
company has worked very hard with Staff to provide a workable solution.
Councilmember Owens stated he feels the development is a good project but this is not
the best location. With the discussions at this meeting and the outstanding issues, he
cannot support this item at this time.
Richard Kilday, Kilday Realty Corporation, stated Kilday Realty Corporation has worked
with the City to meet all the concerns. Mr. Kilday stated Councilmember Saboe had
requested to meet with them for more information on the project, but they were unable
to contact him to schedule a meeting.
Page 15 of 17 — 8/11/2008
Discussion ensued between Council, Les Kilday, Kilday Realty Corporation, and
Richard Kilday, Kilday Realty Corporation regarding the project.
Councilmember Saboe stated he wanted to clarify for the record that he had not
requested a meeting with Kilday Realty Corporation, but had only requested that
Council receive more information regarding the development.
Voting "Aye" None.
Voting "No" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Motion Failed 5 to 0.
Mayor Reid called for a recess at 9:29 p.m.
Mayor Reid called the Regular Meeting back to order at 10:36 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:36 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 MUNICIPAL
UTILITY DISTRICTS NUMBER 2 AND 3. Mr. Bill Eisen, City Manager.
2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION WITH D.R. HORTON HOMES.
Mr. Darrin Coker, CityAttorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:30 p.m.
COUNCIL ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS NUMBER 2 AND 3. City Council.
No action taken by Council.
Page 16 of 17 - 8/11/2008
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION WITH D.R. HORTON
HOMES. City Council
Councilmember Cole made the motion, seconded by Councilmember Kyle, authorizing
Staff to settle a dispute with D.R. Horton Homes as discussed in Executive Session.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:32 p.m.
Minutes approved as submitted and/or corrected this the 25th day of August, A.D., 2008.
Tom Reid
Mayor
ATTEST:
o;
Y' SeL tRary v
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