2009-04-20 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 20, 2009, AT 6:00 P.M., IN THE
TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF PEARLAND
COMMUNITY CENTER, 3523 LIBERTY DRIVE PEARLAND TEXAS
Mayor Reid called the meeting to order at 6:05 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 Assistant City Manager; Danny Cameron Public
Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent
Epperson Project Director; Roland Garcia Fire Marshal; Mary Hickling Director of
Human Resources and Safety Management; Mike Hodge Assistant City Manager; Paul
Jamison Fire Chief; Lata Krishnarao Planning Director; Narciso Lira City Engineer;
Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff
Sundseth EMS Operations Director; Fred Welch Executive Director of Economic
Development Corporation.
Council adjourned into Executive Session under Texas Government Code at 6:05 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING AN ANNUAL
REVIEW WITH MUNICIPAL COURT JUDGE LETITIA FARNIE. City Council.
Council returned from Executive Session at 6:40 p.m.
Mayor Reid recessed the Special Meeting at 6:40 p.m. to conduct the Joint Public
Hearings.
Mayor Reid called the meeting back to order at 8:35 p.m.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-59 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING STAFF TO PRESENT
TO THE CITY COUNCIL PROPOSED AMENDMENTS TO THE CITY'S UNIFIED
DEVELOPMENT CODE TO ALLOW ACCESSORY STRUCTURES TO BE LOCATED
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IN THE SIDE YARDS OF RESIDENTIAL LOTS, AND AUTHORIZING THE ISSUANCE
OF BUILDING PERMITS FOR THE CONSTRUCTION OF ACCESSORY
STRUCTURES SO LOCATED. Mr. Nghiem Doan, Deputy City Attorney.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-59, as amended.
City Manager Bill Eisen stated this item relates to an issue regarding the definition of
accessory structure in the Unified Development Code. The item allows accessory
structures in certain cases to be permitted in the side yard of a residence.
Planning Director Lata Krishnarao stated there were concerns related to swimming
pools being considered accessory structures. She provided Council with an explanation
of the difference between front yard, side yard, and rear yard and stated the setback
requirements are different for each portion of the yard. The proposed Resolution will
change the areas where a pool would be allowed in the side yard.
Mayor Pro -Tem Beckman stated she does not have an issue with a pool being placed in
the side yard, but she does have an issue with any other accessory structures being
placed in the side yard.
Councilmember Kyle stated, in her opinion, pools should be removed from the definition
of accessory structure and be placed in a different classification.
Councilmember Cole stated there needs to be some type of stipulation that requires
certain types of structures to be fenced in or screened to prohibit pools or structures
being placed in the front yard. The City takes away the use of a lot of property from
homeowners land through easements and setbacks. He stated citizens should have the
ability to use the property that they purchased as long as it follows the zoning
requirements and not be overly restricted by the City.
Mayor Pro -Tem Beckman stated she does not feel any accessory building should be
placed in the front of a front fagade.
Councilmember Saboe stated, the way the Resolution is written, it would allow any
accessory building to be placed in the front yard area. The wording needs to be
changed to either remove pools from the accessory building classification or to limit the
height of the accessory structure allowed in the specific yard area to five -feet.
Discussion ensued between Council, City Attorney Darrin Coker, and Deputy City
Attorney Nghiem Doan regarding the Resolution.
City Attorney Darrin Coker stated the Resolution can be amended to change the height
allowance from twenty -feet to five -feet to allow the installation of swimming pools until
the Unified Development Code can be discussed.
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Dave Beach, 2303 Shady Cove Court, stated the Resolution being amended to contain
a five-foot height requirement would allow him to install the pool in his yard.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to
amend Resolution No. R2009-59 to limit the height requirements in Section No. 1 (3) to
five -feet.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a recess at 9:05.
Mayor Reid called the meeting back to order at 9:20 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:20 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 URBAN
SOLUTION ASSOCIATES. Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 - REAL PROPERTY — REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS.
Mr. Darrin Coker, City Attorney.
3. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. BN Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:47 p.m.
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COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
URBAN SOLUTION ASSOCIATES. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY RIGHT-OF-WAYS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING AN ANNUAL REVIEW WITH MUNICIPAL COURT
JUDGE LETITIA FARNIE. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:58 p.m.
Minutes approved as submitted and/or corrected this the 11th day of May, A.D., 2009.
Tom Reid
Mayor
ATTEST:
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