2011-05-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 9, 2011, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Ed Thompson
City Manager
Bill Eisen
City Attorney
Darrin Coker
Deputy City Secretary
Sonia Webb
Others in attendance: Jon Branson Assistant City Manager; Project Director Trent
Epperson; Matt Buchanan Executive Director of Economic Development Corporation;
Danny Cameron Public Works Director; Vance Riley Director of Fire Services; Johnny
Spires Assistant Police Chief; Mike Hodge Assistant City Manager; Lata Krishnarao
Planning Director; Trent Perez Assistant City Engineer; David Whittaker Director of
Inspection Services; Deputy Building Official Mike Ingalsbe, Building Inspector Kevin
Taylor; City Attorney II Lawrence Provins; EMS Captain Angela Hays.
The invocation was given by Councilmember Thompson and the Pledge of Allegiance
was led by Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported April 26, he joined City Manager Bill Eisen, Assistant City Manager
Mike Hodge, and Brazoria Drainage District No. 4 Representatives for a Meeting with
State Representative Pete Olsen and attended the Rotary Club presentation by State
Representative Pete Olsen; April 27, joined City Manager Bill Eisen for a visit with
Kelsey Seybold employees and attended the Holiday Inn Open House; April 28,
attended the Pearland Economic Development Corporation Board of Directors; April 29,
attended the H -GAC Transportation Policy Council Meeting and led the Survivors at the
Cancer Society Walk for Life Event; April 30, presented a Proclamation to the Top
Ladies of Distinction, spoke at the Hindu Education Foundation, and joined the
Exchange Club Member to honor Regional Officers of the Year for Brazoria, Fort Bend,
Harris, and Galveston Counties; May 1, attended the Ground Breaking for the Freedom
Fellowship Church; May 2, attended the Agenda Meeting and City Council Workshop;
May 3, joined the Adult Reading Center Representatives to receive a regional grant at
the Museum of Art; May 5, attended the Friends of Scouting Breakfast, the Realtors
Quarterly Luncheon, and gave the opening prayer for the National Day of Prayer; May
6, attended the Keep Pearland Beautiful Annual Awards Dinner.
Page 1 of 11 — 5/9/2011
Mayor Reid and Councilmember Thompson presented graduating high school students
with a Proclamation proclaiming June 3, 2011, as `Project Graduation Day for Pearland
High School' and `Project Graduation Day for Glenda Dawson High School."
Mayor Reid, Assistant City Manager Mike Hodge, and Assistant City Manager Jon
Branson presented Director of Public Works Danny Cameron, Project Director Trent
Epperson, and Staff with a Proclamation proclaiming May 15-21, 2011, as "National
Public Works Week."
Mayor Reid and Assistant City Manager Mike Hodge presented Building Official David
Whitaker, Building Inspector Kevin Taylor, and Deputy Building Official Mike Ingalsbe
with a Proclamation proclaiming May 2011, as "Building Safety Month."
Mayor Reid and City Manager Bill Eisen presented EMS Captain Angela Hays and
Emergency Management Staff with a Proclamation proclaiming May 15 — 21, 2011, as
"Emergency Management Services Week."
COUNCIL ACTIVITY REPORTS:
Councilmembers Owens and Saboe passed on giving a report.
Mayor Pro -Tem Sherman thanked everyone that came to the 288 Rotary Club Crawfish
Boil. It was the first crawfish boil event and it went very well.
Councilmember Kyle stated the 288 Rotary Club Crawfish Boil was a great event that
hopefully raised a lot of money.
Councilmember Thompson reported he attended the Arbor Day Celebration which was
a statewide event put on by the Texas Forestry Department. The event was very well
attended. He also had the opportunity to attend the ground breaking for the Fellowship
Church and the Environmental Awards Dinner.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported he had a chance to meet with several leaders from the
Kelsey Seybold Clinic and it is promising that they will be able to increase their
presence in the City. Several City and Brazoria Drainage District No. 4 Representatives
met with State Representative Pete Olsen to discuss the Clear Creek Drainage Project.
The result was that currently there is no funding for the project because of budget
issues.
Mayor Reid asked that all the Candidates in the May 14, 2011, Election present to
please stand and introduce themselves.
Page 2 of 11 — 5/9/2011
Tammy Dexter stated she is running for City Council Position No. 3.
Kevin Cole stated that he is running for the Office of the Mayor.
Mayor Tom Reid stated he is running for the Office of the Mayor.
CITIZENS:
Kesha Rogers, 9100 Southwest Freeway, #241, Houston, addressed Council and
stated she is concerned regarding the current budget crisis and tax payer bailouts. It is
her opinion that the Glass Stegal banking practices need to be reinstated. She is calling
on the Council to place pressure on Congress to reinstate the Glass Stegal Banking
functions. This is the only way to save our nation from economic disaster.
Paul Mourino, 12250 South Kirkwood Road, addressed Council and stated he wanted to
bring Council's attention to a Bill that is before Council regarding funding for NASA.
People have more than a budget crisis on their hands. There is also the crisis regarding
the universe and the ability to deal with the potential natural disasters. Science and
knowledge need to continue to be a priority to protect the ability to react to things such
as earthquakes in the future.
James J. Gurman, 1503 North Marsala Drive, addressed Council and stated he is
speaking in support of the Zone Change where the potential HEB Grocery store will be
I located. He lives in a senior development and would prefer to have an option of
shopping at the HEB Grocery Store to save money on his groceries.
Mary Star, 2706 Shady Creek, addressed Council and stated she believes that he HEB
Grocery Store can build their facility within the restrictions of the current zoning for the
property. She is in favor of the HEB, but the property should remain as a Planned
Development.
Larry Marcott, 3606 Inverness Ct., addressed Council and stated he has addressed his
concerns with Dixie Farm Road several times. The contractor used their property as
storage and drove vehicles across the land. The grass and landscaping in the area
needs to be taken care of before the contractor walks away. He is sending a letter to
TxDOT regarding this issue, but also wanted to bring it to Council. The islands also
need to be shaved down to make the area safer for vehicles. There are also ten street
lights out on Pearland Parkway and four on Broadway. The City is paying for these
lights and they need to be maintained.
DOCKETED PUBLIC HEARING: None
Page 3 of 11 — 5/9/2011
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the April 18, 2011, Public Hearing held at 6:30 p.m.
2. Minutes of the April 18, 2011, Joint Public Hearings held at 6:30
p.m.
3. Minutes of the April 25, 2010, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2011-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING MARCH 2011.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS:
FIRST READING ORDINANCE NO. 2000M-78 — 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 A TRACT OR PARCEL CONTAINING 22.7711 ACRES (991,909
SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY,
ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A
PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED
TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF
THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST
CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS,
(ZONE CHANGE APPLICATION NO, 2011-04Z), A REQUEST OF BEEMAN STRONG
FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB,
APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED
DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) ZONE, PROVIDING
FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
Page 4 of 11 — 5/9/2011
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr, Mike Hodge, Assistant City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Ordinance No. 2000M-78 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 2011-04Z.
City Manager Bill Eisen stated this item is a request for a Zone Change for zoning of the
corner at FM 518 and Pearland Parkway to be changed from a Planned Unit
Development to General Business. This is the location of the proposed HEB Grocery
Store and there is quite a bit of community interest in the project.
Planning Director Lata Krishnarao stated that she wanted it to be clear that the Planning
and Zoning Commission and Staff are not opposed to the HEB Grocery Store, but they
are opposed to the request General Business Zone Change. She provided Council with
an overview of the proposed Zone Change and the reasons for the recommended
denial by the Planning and Zoning Commission
Councilmember Thompson stated it is his opinion that the Unified Development Code
and Overlay District requirements would provide the City with the ability to regulate the
development on this property. It appears that the City is trying to hold this property to a
different standard above and beyond the established codes.
Planning Director Lata Krishnarao stated the City does have a Unified Development
Code; however, there is a Planned Development Ordinance included in the document to
address areas within the City that are more sensitive and require more attention
regarding their development.
Mayor Reid stated based on conversations he has had with HEB representatives, he
believes there is not much difference the City's expectations and what will be built. He
stated a compromise should not be hard to come to without opening the City up to the
risks associated with changing the zoning to General Business.
Richard Golden, HEB Grocery Store, stated the HEB organization is excited about
Pearland and the potential growth of their business. He stated that it is not guaranteed
that the grocery store will be developed on the property irrespective of what the zoning.
Several meetings have been held with Staff where conversations were held regarding
compromises that could be made. There are still challenges and costs associated with
the current zoning that could have adverse effects on the development. HEB Grocery
Stores are developed in a first-class manner and are held to a high architectural
standard.
Page 5 of 11 — 5/9/2011
Councilmember Saboe stated he would like to clarify that the HEB organization has not
purchased the property.
Councilmember Thompson stated the market will take care of what is developed on the
property because of the cost of the land. It is unlikely that a strip center or other low
end development based on the price of the property.
Councilmember Saboe stated that Staff has had discussions with the HEB
representatives on the possibility to amend the Planned Unit Development and it would
seem that, if these discussions are going well, the zone change would be irrelevant.
The market could change tomorrow and the property could have any type of
development placed on it without any City input with a General Business Classification.
Richard Golden, HEB Grocery Store, stated the wow -factor aspects of what the City is
asking for to develop this property are real dollars to HEB. It is his opinion that the City
is unfairly holding this corner to a higher standard than it held the other three corners of
the intersection. The requirements are costly investments and will make the project to
where it is not economically feasible to his organization.
Councilmember Saboe stated that the City has received a large amount of input
regarding citizens supporting the HEB Grocery Store. He had an opportunity to explain
to three citizens that there is not a guarantee that the grocery store will be developed
and the risk associated with that occurrence. Each citizen he explained the situation to
changed their mind and no longer supported the zone change. The City wants an HEB
Grocery Store on the property because the citizens want the store. Council and Staff
are willing to work with the organization to bring the citizens what they want without
putting the City at risk.
Richard Golden, HEB Grocery Store, stated there will not be a development if the
zoning is not changed to General Business because it is cost prohibitive.
Councilmember Kyle stated Council asked to receive details on what the HEB
Organization can and cannot do with regards to what was contained in the previous
development plan for the property. She would like to see the HEB Grocery Store
development because the organization is good for the City. The proposed zone change
does not give the City a lot of assurances. There are also more than two parties in the
project, and it may be compromises that can be reached with the property owner
regarding the price of the land.
Richard Golden, HEB Grocery Store, stated he has provided this information to Staff
and was not aware that the details had not been provided to Council.
Page 6 of 11 — 5/9/2011
Councilmember Owens stated the City has been holding this property hostage since
2008 because of what is being asked for development. It appears that the issue is
landscaping and ornamental lighting and not the zone classification. The items being
requested are not located at any of the other business located at this intersection. This
City cannot expect the HEB Organization to purchase this property before they know
exactly what they can build on the land. He understands that this is one of the last
corners available in the City, but it is unfair to expect anyone to develop the property to
do it the way the five people sitting on Council expect.
Discussion ensued between Council, Assistant City Manager Mike Hodge, City Attorney
Darrin Coker, and Beemen Strong, property owner representative, regarding the
Ordinance.
Mayor Pro -Tem Sherman stated the HEB Organization has been through nine months
of discussions with the City trying to get this development done. He does not want to be
the Councilmember that casts a vote and then has a billiard parlor or gas station on the
corner, but he is willing to take the chance because he believes HEB wants to build on
this land. The landowner wants to sell this property and is not selling it to a
consignment shop or strip mall. The landowner and HEB have gone through an
extremely difficult process and it is frustrating to him because he feels if Council votes
this down then HEB will walk away. The citizens want this development and he is not
willing to vote against it and possibly take it away from them.
Councilmember Thompson stated he has a difficult time justifying voting no to a
development that will bring taxes to the City during the current budget crisis.
Discussion ensued between Council, Assistant City Manager Mike Hodge, and City
Attorney Darrin Coker, Richard Golden, HEB Grocery Store, and Beemen Strong,
property owner representative, regarding the Ordinance.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson.
Voting "No" Councilmember Kyle.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 2000M-79 — 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 A TRACT OR PARCEL CONTAINING 30.5709 ACRES AS
DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. FURTHER
DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE
FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED
Page 7 of 11 — 5/9/2011
APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF
PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE
APPLICATION NO. 2011.05Z), A REQUEST OF BEEMAN STRONG FOR THE
SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE
CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY
RESIDENTIAL-2 (R-2) ZONE, 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. Mike Hodge, Assistant City Manager.
Mayor Pro-Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 2000M-79 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 2011-05Z.
Councilmember Saboe stated the property owner stated the proposed land zoning
classification was to provide the City more control; however, it would provided the City
more control to leave the property zoned as a Planned Development.
Beemen Strong, property owner representative, stated the property remaining zoned as
a Planned Development would make it impossible to sell.
Councilmember Kyle stated that any potential buyer would be required to request a
zone change whether the property was zoned as a Planned Development or Single
Family Residential. According to the property owner, the proposed zone change is to
provide the City with control; however, the City already has control with the current
zoning classification.
Discussion ensued between Council, Assistant City Manager Mike Hodge, City Attorney
Darrin Coker, and Beemen Strong, property owner representative, regarding the
Ordinance.
City Attorney Darrin Coker stated that the best solution for both the City and the
property owner may be to zone the property as "SD," which is basically an agricultural
use. He would need to verify that this could be done without restarting the process.
Councilmember Saboe made the motion, seconded by Mayor Pro-Tem Sherman, to
table Ordinance No. 2000M-79 to allow verification of the ability to amend the proposed
zoning classification.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Kyle
Voting "No" Councilmember Thompson.
Page 8 of 11 — 5/9/2011
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 2000CUP-51 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE
TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY SURVEY ABSTRACT
242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND
CONVEYED TO JOSEPH B BENES AND RECORDED IN VOLUME 408 PAGE 538 OF
THE DEED RECORDS OF BRAZORIA COUNTY TEXAS LOCATED AT 7902/7904
BROADWAY, PEARLAND, TX, CONDITIONAL USE PERMIT (CONDITIONAL USE
PERMIT APPLICATION NO. CUP 2011-06), TO ALLOW THE OPERATION OF A
RESTAURANT, IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE
REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT, FOR GURU OM SAI, LLC.,
OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Ordinance No. 2000CUP-51 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commissions recommendation
to forward to Council for approval of Conditional Use Permit Application No. CUP2011-
06.
i
City Manager Bill Eisen stated this item is a conditional use permit to operate a
restaurant in a location zoned as Neighborhood Services.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2011-46.
City Council.
Councilmember Thompson made the motion, seconded by Councilmember Owens, to
remove Resolution No. R2011-46 from the table.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Page 9 of 11 — 5/9/2011
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2011-46 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO
THE BOARD OF DIRECTORS OF THE SPECTRUM MANAGEMENT DISTRICT.
Mr. Darrin Coker, City Attorney.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2011-46.
City Attorney Darrin Coker stated this item was previously tabled by Council to receive
information regarding the members of the management district. Three of the members
own property within the district and the other lives in the City of Pearland and is an
agent of one of the property owners. All of the members meet the requirements to
serve on the board.
Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Thompson.
Voting "No" Mayor Pro -Tem Sherman.
Motion Passed 4 to 1.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:10 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:05 p.m.
COUNCIL ACTION — REGARDING MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
Page 10 of 11 — 5/9/2011
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 11:06 p.m.
Minutes approved as submitted and/or corrected this the 23rdday of
A.D., 2011.
Tom Reid
Mayor
ATTEST:
Page 11 of 11 — 5/9/2011