2008-05-19 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 19, 2008, AT 6:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:05 p.m. with the following present:
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Mayor Tom Reid
Helen Beckman
Steve Saboe
Woody Owens
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Nick Finan Assistant City Manager; Mike Hodge Assistant City
Manager and Danny Cameron Public Works Director.
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000CUP-13.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
remove Ordinance No. 2000CUP-13.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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
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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 Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 2000CUP-13 on its first reading.
Councilmember Kyle stated the property was not identified in Section II of the
Ordinance and she feels wording should be added to tie the original amendment to the
operation of the specific property.
City Attorney Darrin Coker stated he will add any wording requested by Council, but the
Conditional Use Permit reference in the Ordinance contains the description of the
property.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
City Attorney Darrin Coker stated he will add wording to the Ordinance that clarifies the
specific property referenced by the Conditional Use Permit.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" Councilmember Kyle_
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2008-78 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO ASSIGNMENT
OF CERTAIN AGREEMENTS. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-78.
City Manager Bill Eisen stated recently Council approved the transfer of all the rights
and reimbursements for the specific agreements from Transwestern to AmREIT Realty
Investment Corporation. This item is a request by Am REIT Realty Investment
Corporation for the City to transfer their receivables under agreements with the City to
Stonelake Capital Partners, LLC. The Tax Reinvestment Zone No. 2 (TIRZ No. 2) has
not taken official action regarding this, but will also be required to do so.
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Councilmember Kyle stated she feels there is an error in the audit performed by the City
Director of Finance. In the audit it was suggested there was not an opportunity to tie
back the expenses to particular items which are part of the agreement. Councilmember
Kyle asked for clarification on this statement.
City Manager Bill Eisen stated the indication is that the improvements to Broadway
Street are located partially in and partially outside of the TIRZ No. 2. The portion
located inside the TIRZ No. 2 is subject to reimbursement through the TIRZ and the
portion located outside is subject to the Sales Tax Reimbursement Agreement. The
contract rendered into for construction did not distinguish between what was inside or
outside the TIRZ No. 2. The cost of construction and TIRZ No. 2 improvement
substantially exceeded the amount of the reimbursement. The Director of Finance was
making a distinction in saying approximately 46% of the Broadway Street improvement
is sales -tax related and the remainder is not.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to O.
COUNCIL ACTION — RESOLUTION NO. 82008-76 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION
AND MAINTENANCE OF MAST LIGHTS ALONG SH 288. Mr. Danny Cameron, Public
Works Director.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2008-76 as amended.
City Manager Bill Eisen stated the design has been completed for the SH 288 Frontage
Road from FM 518 to Shadow Creek Parkway. TxDOT has recently notified the City
that it will be necessary to change the location of two high mast lights as a result of the
improvements that will have to be made. Part of the requirement for this is that the City
will be responsible for the relocation and take on maintenance and electrical cost of the
lights. There are five fixtures total and the electrical cost is $3,600 per fixture per year.
The total estimate cost is $25,000 per year.
Discussion ensued between Council and City Manager Bill Eisen regarding the project.
Councilmember Kyle asked if the Resolution could be approved contingent upon the
project being completed.
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City Manager Bill Eisen stated that it can be amended to reflect the contingency;
however, light fixtures will need to be moved prior to the project being completed.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to amend
the motion to include a contingency factor stating the agreement does not become
effective until the project begins and the City receives notice from the Federal Highway
Department.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Discussion ensued between Council and City Manager Bill Eisen regarding the project.
Mayor Pro -Tem Beckman called for the vote on the original motion as amended
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-77 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION
OF AND MAINTENANCE OF TRAFFIC SIGNALS. Mr. Danny Cameron, Public Works
Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-77.
City Manager Bill Eisen stated TxDOT has determined traffic signals are warranted at
the intersection of CR 59 and SH 288. A portion of this area is located within the City
Limits of Pearland and because of this, TxDOT requires the City to authorize or agree to
the installation.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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Mayor Pro -Tem Beckman recessed this Special Meeting at 6:28 p.m. to conduct Joint
Public Hearings starting at 6:30 p.m.
Mayor Pro -Tem Beckman called this Special Meeting back to order 8:28 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:29 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH PLATTING
REQUIREMENTS. Mr. Darrin Coker, City Attorney.
3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION WITH OTHON ENGINEERING
REGARDING THE MAGNOLIA PROJECT. Mr. Darrin Coker, City Attorney.
4. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Bill Eisen, City Manager.
5. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH THE BLUE RIDGE LANDFILL AND LAND USE.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 6:51 p.m.
COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
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COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
PLATTING REQUIREMENTS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION WITH OTHON
ENGINEERING REGARDING THE MAGNOLIA PROJECT. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 9:51 p.m.
Minutes approved as submitted and/or corrected this the 9th day of June ,
A.D., 2008.
Tom Reid
Mayor
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