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R2008-115 2008-08-11Job 44259370-1 Map 55488 S/C South Houston NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SHORT FORM BLANKET EASEMENT 3-PHASE OVERHEAD AND UNDERGROUND STATE OF TEXAS } KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZORIA } THAT, City of Pearland, herein called Grantor, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by CenterPoint Energy Houston Electric, LLC, herein called Grantee, whose principal address is P. O. Box 1700, Houston, Texas 77251-1700, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, all or in part, a blanket easement (hereinafter referred to as the "Easement Area", whether one or more) for electric distribution and communication facilities (hereinafter referred to as "Facilities") consisting of a variable number of wires and cables and all necessary and desirable equipment and appurtenances, including, but not limited to, towers or poles made of wood, metal or other materials, props and guys, lying within the following described lands owned by Grantor, to wit: That certain 9.7204 acre tract of land, being all of Tract "A" in Block 2 of Minor Subdivision Plat of Southwest Environmental Center, a subdivision in the H.T.&B. R.R. Co. Survey, Abstract No. 240 and 509, Brazoria County, Texas, according to the map or plat thereof recorded in 2007058933 of the Official Records of said County and State. Exhibit "A" Resolution No. R2008-115 J:UOB FILES~B2008M42593]ONd2593]O.000 0]/30/OB lmc 1 Job 44259370-1 Map 55486 S/C South Houston The locations of facilities shown on the attached Exhibit `A" are approximate. Grantor or its successors or assigns shall observe and exercise all notification laws as per the Underground Facility Damage Prevention and Safety Act, also known as "ONE CALL" & "CALL BEFORE YOU DIG" when working in or near the Easement Area. To the extent that such Laws and Codes apply to Grantor, its successors or assigns, Grantor or its successors or assigns shall observe all safety codes and laws which apply to working along, within and or near the Easement Area and Facilities during construction activities and safe clearance from such Facilities, including O.S.H.A., Chapter 752 of the Texas Health and Safety Code, the National Electric Code, and the National Electrical Safety Code. Grantor, its successors or assigns, is hereby obligated to place National Electrical Safety Code notices into Community Deed Restrictions when Easement Areas fall within Residential Developments. The Easement Area herein granted is a blanket easement and shall apply only insofar as the boundaries of the above described property will permit. Grantee further reserves the right to extend services and drops to adjacent land owners from said Facilities. Grantor shall not allow other utilities to cross within eighteen (18) inches of Grantee's Facilities. No structures shall be permitted closer than five (5) feet to the centerline of any below ground and above ground Facilities. No structures shall be permitted closer than fifteen (15) feet to the centerline of any overhead electrical Facilities, beginning at a plane sixteen (16) feet above the ground and J:VOB FILES~B2009N425931ON4259390.000 09/30/09 jmc 2 Job 44259370-1 Map 55488 S/C South Houston extending upward. If Grantor, its successors or assigns should, at any future date, request that the easement herein granted be further defined, Grantee agrees, at Grantor's expense, to prepare a new, defined easement described by a sealed survey sketch. Defined easements shall be further described by, but not limited to, the following descriptions: 1.) A ten (10) foot ground easement for underground facilities; 2.) A ten (10) foot ground easement with ten (10) foot aerial easement adjoining both sides of said ten (10) foot ground easement for facilities that are not located adjacent to property lines; 3.) A ten (10) foot ground easement with an adjoining eleven (11) foot, six (6) inch aerial easement for perimeter facilities; 4.) An easement sixteen (16) feet wide and twenty (20) feet long for Grantee's pad-mounted transformer station purposes. Grantee further agrees to release the herein above described blanket easement upon execution and delivery of the new defined easement by Grantor. In the event that Grantor, its successors and assigns, desires that Grantee's Facilities be relocated, then Grantee agrees to relocate said Facilities provided that Grantor furnishes a suitable and feasible site or location for such relocation and, provided that Grantor, its successors and assigns, shall, if requested by Grantee, furnish to Grantee a suitable and acceptable easement covering the new location. Any and all costs associated with relocating said Facilities will be at Grantor's sole expense. Grantee shall also have reasonable rights of ingress and egress to and from said easement, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said Facilities, together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees J:VOB FILESIB200BN42593]OFt425B3]O.OOC 0]YJO/OB Ime 3 Job 44259370-1 Map 55486 S/C South Houston and parts thereof, or other structures which, in the opinion of Grantees, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said Facilities. TO HAVE AND TO HOLD the above described Easement Area, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors or assigns, forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to fully warrant and forever defend all and singular the above described Easement Area and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. In the event of a deficiency in title or actions taken by others which results in the relocation of Grantee's Facilities, the Grantor herein, its successors and assigns, will be responsible for all costs associated with the relocation and/or removal of Grantee's Facilities. EXECUTED this 11th day of August 2008 City of Pearland BY: ` Signature City Manager Title Bill Eisen Name typed or printed J:UOB FIlE5~8200BW2593]ON42593)O.DOC 0]rJ0/08 ~mc 4 Job 44259370-1 Map 55486 S/C South Houston STATE OF TEXAS COUNTY OF This instpru~ment was acknowledged before me on _ {~~~ P }~_ 20 U8; by ~.~~ CASP~ C'a~~ r,~2f of City of earland,onbehalfofsaid municipality. >~"a~~ O N I q e~°~°"y .:.O,p,RY pGe, _ ~_ •. ~'~ FOF ~E'F ~~. F'rPIRES Notary's Signature ~f~c~~ o` ~~\Y Name typed or printed o~-a~-ao~ Commission Expires J:UOB FILES1B2008H42599]DV6<2583)O.DOC 0]!JD/58 imc 5 Job 44259370-1 Map 55486 S/C South Houston ATTACHMENT AFFIDAVIT STATE OF TEXAS } COUNTY OF BRAZORIA } BEFORE me the undersigned authority on this day personally appeared the City Manager of City of Pearland, hereinafter referred to as Affiant, who being duly sworn, deposes and says that Affiant is the current owner of the tract of land described in an easement instrument executed by the same on even date herewith, said tract of land is further described as follows: That certain 9.7204 acre tract of land, being all of Tract "A" in Block 2 of Minor Subdivision Plat of Southwest Environmental Center, a subdivision in the H.T.&B. R.R. Co. Survey, Abstract No. 240 and 509, Brazoria County, Texas, according to the map or plat thereof recorded in 2007058933 of the Official Records of said County and State. Affiant further says that the said premises have been held by Affiant, that possession thereof has been peaceable and undisturbed, and that the title thereto has never been disputed or questioned to Affiant's knowledge, nor does Affiant know of any facts by reason of which said possession or title might be disturbed or questioned, or by reason of which any claim to said premises, or any part thereof, might arise or be set up adverse to this Affiant. J:VOB FILES~B2008W41393TOW42393T9.000 OT/30/OS jmc 6 Job 44259370-1 Map 5548B S/C South Houston EXECUTED this 11th day of ust 20 08 , City of Pearland Signatures l City Manager Title Bill Eisen Name typed or printed SUBSCRIBED and SWORN before me this ~~~ day of ~u~US~- 20~. ,.o~ON1A B~;q~% 5.~'PttY P ~' ., yJFOF,~+ ~' ~ ~P '' FkPIRE`~. ~''~:~ Diii~~6.28-201~~~d ~~ ~~ Notary's Signature Name typed or printed ~~a~- aol•o Commission Expires APTCR R[CORDINO RETURN TO: fURVEYINO A MAPPING C[NTCRPOINT ENlROV NOUSTON CLlCTRIC~ LLC P. o. sox 1700 NOU3TON~Tx 77231-1700 J:UOB FIIEB~B2009W259310166259310DOC 01/30/08 ~mc 7 CenterPoint EnL'l~j/ SHEET 2 OF 2 WORKING SKETCH LRMBERT SECTION KEY MAP FUNCTIONAL LOCFtt ION SCALE CIRCUIT ORDER N0. 554883 53 614U ~/~~== N.T.S. 44259370 PROPOSED STRUCTURE `Y WITH FILTERING EQUIPMENT i /J,i EXISTING OVERHEAD LINE ~ ' PITH IN EXISTING 10 FT. p10E GROUND ~ AND 30 FT. AERIAL EASEMENT 55 FT. OVERHEAD LINE EXTENSION FROM EXISTING OVERHEAD LINE BY CNP \ 1 PROPOSED STRUCTURE TERM INaL POLE LOCATION ELECTRICAL PRIMARY OUOTBANK TO BE ACQOUIRED. A IB FT. YIDS EASEMENT CENTERED ON THE DUCTBaNK TO BE A[OUIRED. A 16' X 20' EASEMENT FOR TF/E PAD MOUNTED SERVICE EOU IPMENT 17'+ 4)~ L ~- 1 EXISTING i DRIVE 60TR y4/n0T EXISTING TERMINAL POLE v TO BE ACQUIRED. A 10 fT. GRDIIND 1 VITN A 30 FT. AERIAL EASEMENT i CEN7ERE0 ON THE OVERHEAD i LINE EXTENSION TO THE TERNINAI i POLE LOCATION 1 _. 1 1 1 i i i i PRIMARY DUCTBANK I VITHIN EXISTING 1 10 FT. VIDE EASEMENT fUU' i i i fl ' -i E%ISTING TRANSFORMER PRD BLOWER II MCC BLOC. 3 MINUTES 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 l Page 17 of 17 — 8/11/2008