2013-05-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 13, 2013, AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:00 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Secretary
Tom Reid
Susan Sherrouse
Woody Owens
Scott Sherman
Keith Ordeneaux
Greg Hill
Bill Eisen
Darrin Coker
Maria Rodriguez
Others in attendance: Daniel Baum EMS Operations Director; Jon Branson Assistant
City Manager; Matt Buchanan President of Economic Development Corporation; Vance
Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and
Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata
Krishnarao Director of Community Development; Andrea Broughton Deputy Director/City
Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Vance Riley Director of Fire Services; Sparkle Anderson Public Affairs
Manager; Harold Ellis Senior Planner; Skipper Jones Assistant Director of Capital
Projects.
The invocation was given by Sonny Faraker Pastor of Pearland First Baptist Church and
the Pledge of Allegiance was led by Police Chief J.C. Doyle.
Mayor Reid introduced the newest Councilmembers, Greg Hill re-elected for Position No.
5 and Tony Carbone elected for Position No. 1. He further stated they will be sworn in on
May 20, 2013.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported April 24, he attended the Convention and Visitors Bureau Advisory
Board; April 25, he attended the Retreat at Shadow Creek Ranch Ribbon Cutting; the
Anniversary Reception at Autumn Leaves Retirement Home; the Pearland Economic
Development Corporation Board of Directors Meeting; the Pearland Police Academy
Graduation; April 26, he attended the Transportation Policy Council Board of Directors
Meeting with Mike Hodge Assistant City Manager; Houston Mayor Parker's State of the
City; he presented a Proclamation at the American Cancer Society Relay for Life; April
27, he attended the Knights of Columbus Crawfish Festival; April 29, he joined
Commissioner Stacy Adams and attended the Brazoria County Library Foundation
Annual Meeting; May 2, he welcomed attendees to the National Day of Prayer at
Pearland City Hall; May 4, he attended the Corks & Canvas Exhibit at the Pearland
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Recreation Center; Monsignor Braden's Annual Dinner at St. Helen's Catholic Church;
May 5, he judged the Princess Pageant for Silverlake Church; May 6, he served as
Honorary Chair for the Rotary Club Golf Tournament; May 7, he spoke at the
Neighborhood Center's Annual Public Service Forum; May 8, he attended the Adult
Reading Center Board of Directors Meeting; the ZT Corporation Expansion Meeting with
Bill Eisen City Manager and Matt Buchanan President of Pearland Economic
Development Corporation; the Shadow Creek Ranch Spring Fling; presented Mayor's
Scholarship to Dawson High School Senior; May 9, he attended Houston Mayor Parker's
Literacy Breakfast; presented Mayor's Scholarship to Pearland High School Senior; May
10, he led the invocation at the Keep Pearland Beautiful Annual Awards Banquet.
RECOGNITIONS AND AWARDS:
Mayor Reid and Councilmember Woody Owens presented a Proclamation proclaiming
the month of May, 2013, as "Building Safety Month" to Mike Ingalsbe Building Official,
and Inspection Services Employees.
Mayor Reid and Councilmember Scott Sherman presented a Proclamation proclaiming
the month of May, 2013, as "Motorcycle Safety and Awareness Month" to Rick Nizol and
Ron Bastien of the Bay Area V -Twins Motorcycle Riding Club.
Mayor Reid and Mayor Pro -Tem Susan Sherrouse presented a Proclamation proclaiming
the week of May 19-25, 2013, as "National Public Works Week" to Jon Branson
Assistant City Manager, Andrea Brinkley Project Manager and Mark Wahlstrom
Wastewater Superintendent.
Mayor Reid and Councilmember Greg Hill presented a Proclamation proclaiming the
week of May 19-25, 2013, as "Emergency Medical Services Week" to Daniel Baum EMS
Operations Director, Kelly Sears EMS Assistant Chief and Angela Hays EMS Captain.
Mayor Reid presented a Proclamation proclaiming May 26, - June 1, 2013, as "Hurricane
Preparedness Week" to Roland Garcia Emergency Management Coordinator/Fire
Marshal, Greg Bozdech Deputy Fire Marshal and Joyce Hawkins Emergency
Management Planner. Roland Garcia recognized David Dunn as the new Executive
Director for the American Red Cross.
Mayor Reid and Councilmember Keith Ordeneaux presented a Proclamation proclaiming
June 7, 2013, as "Project Graduation Day" (Dawson High School and Pearland High
School) to students of Dawson and Pearland High Schools.
City Manager Bill Eisen stated the Full -Time Employee of the Quarter was unable to
attend and will be presented the award at a later date.
Mayor Reid, Bill Eisen City Manager and Michelle Smith Parks and Recreation Director
presented Part Time Recreation Attendant, Bud Tollefsen with the Part -Time Employee
of the Quarter Award.
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CITIZENS:
Joshua Harc, 1635 Broadway, addressed Council by introducing the International
Festival at Independence Park scheduled for September 21, 2013. He further stated he
would like the City of Pearland's assistance in bringing the International Festival to
Pearland.
Jim Johnson, Pearland Chamber of Commerce, addressed Council by presenting to
Council a Pearland Day in Austin packet with photos and thanking them for participating
in Pearland Day in Austin.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the April 15, 2013, Special Meeting held at 7:00 p.m.
2. Minutes of the April 22, 2013, Public Hearing held at 6:00 p.m.
3. Minutes of the April 22, 2013, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OFORDINANCE NO. 1479 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING
THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF
PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH
STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda A through B as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
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NEW BUSINESS:
FIRST READING ORDINANCE NO. 2000CUP-63 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A PLAT OF SURVEY OF A 0.6984 ACRE
TRACT BEING A PART OF LOT "A" OF WESTGATE PARK A SUBDIVISION OF 9.575
ACRES OF LAND OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF SECTION 19 OF THE H. T. & B. RAILROAD
COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 16, PAGE 320, OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7929 BROADWAY
ST., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-02
TO ALLOW FOR THE OPERATION OF A MINOR AUTO REPAIR FACILITY IN THE
GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF ESTEBAN
V.RODRIGUEZ, APPLICANT, ON BEHALF OF CONDOR AUTO CARE CENTER,
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 Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000CUP-63 on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council for approval of Application No. CUP 2013-02.
City Manager Bill Eisen reported the property owner is proposing to redevelop the site to
be used as a Minor Auto Repair Facility. The City's Unified Development Code does
allow a Minor Auto Repair Facility in the General Business Zone with the approval of a
Conditional Use Permit. A previous Conditional Use Permit for the same proposed use
on this site had been approved in January 2012. That CUP was never acted on by the
applicant and has now expired. The applicant is now ready to proceed with the opening
of his business and is seeking the approval of a new CUP.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
the additional fee the applicant was charged.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 2000CUP-64 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A TRACT CONTAINING 22.7711 ACRES
OF LAND SITUATED IN THE THOMAS J, GREEN SURVEY, ABSTRACT NUMBER
198, BRAZORIA COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE
CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E.
SATTEGEST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA
COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS. (LOCATED AT THE NW
CORNER OF BROADWAY ST. AND PEARLAND PKWY., PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-03 TO ALLOW FOR AN
AUTO WASH — SELF SERVICE IN THE GENERAL BUSINESS (GB) DISTRICT AT
THE REQUEST OF LYLE HENKEL OF TERRA ASSOCIATES, APPLICANT, ON
BEHALF OF HEB GROCERY CO., LP. — TODD PILAND, OWNER, 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 Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000CUP-64 on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council for approval of Application No. CUP 2013-03.
City Manager Bill Eisen reported the applicant is requesting a Conditional Use Permit to
build an Auto Wash on the subject parcel. The property is currently zoned General
Business, which permits the proposed use with the approval of a Conditional Use Permit.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-101 — 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 .460 ACRE TRACT OF LAND OUT OF THE H.T. & B. R.R
COMPANY SURVEY, SECTION 11, ABSTRACT 239, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS. (LOCATED AT 4608 WALNUT PEARLAND, TX), ZONE
CHANGE 2013-06Z, A REQUEST OF RICHARD GONZALEZ, APPLICANT AND
OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY (R-2)
ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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.
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Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000M-101 on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council for approval of zone change 2013-06Z.
City Manager Bill Eisen reported the proposed zone change, if approved, is not
anticipated to have any negative impacts on existing or future developments in the
immediate area. The proposed site is located next door to an existing office space and
down the street from property currently zoned General Business.
Councilmember Sherman inquired about what happened in the Planning and Zoning
meeting regarding the decision to approve this zone change.
Discussion ensued between Council and Richard Gonzalez applicant and owner of said
property regarding the commercial use and restrictions placed on this business if the
zone change is approved.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1480 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 9.779 ACRES OF
LAND. Mr. Darrin Coker, City Attorney.
Councilmember Hill made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 1480 on its first reading.
City Attorney Darrin Coker reported on April 8, 2013 the City Council consented to the
annexation of 64.507 acres into the boundaries of the Municipal Utility District 28. The
application originally included an additional 9.977 acres that was removed from the
application pending the completion of a petition for annexation by the property owners
the tract. The April 8, 2013 annexation brought the total acreage for Municipal Utility
District 28 to 911.807 acres, and the additional 9.977 acres will bring the total to 921.784
acres.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 2000M-102 — 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 30.7935 ACRE (1,341,365 SQUARE FOOT) TRACT OF LAND
SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198 IN
BRAZORIA COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE CALLED
118.775 ACRE TRACT OF LAND DESCRIBED IN DEED TO MARION E. SETTEGAST,
ET AL AS RECORDED IN VOLUME 1421, PAGE 25 OF THE BRAZORIA COUNTY
DEED RECORDS, SAID 31.3165 ACRE TRACT OF LAND. (LOCATED
APPROXIMATELY 700' NORTH OF BROADWAY ON PEARLAND PKWY, PEARLAND,
TX), ZONE CHANGE 2013-07Z, A REQUEST OF CHRISTY SMIDT (KERRY G.
GILBERT & ASSOC.), APPLICANT AND BEEMAN E. STRONG (FOR THE
SETTEGAST FAMILY), OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
PLANNED DEVELOPMENT (PD) ZONE TO THE PLANNED DEVELOPMENT (PD)
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.
Ms. Lata Krishnarao, Director of Community Development.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-102 on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council for approval of zone change 2013-07Z.
City Manager Bill Eisen reported the property in question is currently zoned Planned
Development and contains land which is part of a Planned Development known as
Pearland Commons which was approved by City Council in 2008. The applicant is
requesting that the property be rezoned to a new and separate Planned Development.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1467-A(3) — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-
A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO
FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL
OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
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Councilmember Sherman made the motion, seconded by Councilmember Sherrouse, to
approve Ordinance No. 1467-A(3) on its first reading.
City Manager Bill Eisen reported Council is being asked to authorize a Senior Planner
and Building Inspector positions through budget amendment of $42,000. and amend
revenues and expenditures by the $42,000.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-68 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
ASSOCIATED WITH THE HIGHLAND CROSSING SUBDIVISION.
Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-68.
City Manager Bill Eisen reported Council is being asked for approval for the City to enter
into an agreement with the developer of Highland Crossing for exchange of construction
of various segments of sidewalk, as well as the conveyance of a 0.1339 acre tract to be
incorporated into their landscaping plans.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-66 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE QUIET ZONE CROSSING
AND MEDIAN IMPROVEMENTS AT THE INTERSECTION OF BROADWAY (FM 518)
AND THE BNSF RAILWAY. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2013-66.
City Manager Bill Eisen reported Council is being asked to award the bid contract for
construction in the amount of $141,240. to General Contractor Services, Inc.
Discussion ensued between Council and the General Contractor Services
Representative regarding the time frame to complete the project.
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Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-67 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR GROUNDS
MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2013-67.
City Manager Bill Eisen reported Council is being asked to award a bid for grounds
maintenance services to Onesource Irrigation and Landscape, Inc., in the estimated
annual amount of $121,480.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-65 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SEISMIC
TESTING PERMIT. Mr. Jon Branson, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-65.
City Manager Bill Eisen reported in 2011 the City Council approved a seismic testing
permit for Denbury Onshore, LLC to allow testing to be performed in the SH 35 vicinity
south of Dixie Farm Road. That permit has since expired and Denbury is seeking to
extend the permit over the same foot print once again. After reviewing the information,
staff has concluded that the applicant should be allowed to proceed with testing.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-70 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CLEANING
AND PAINTING SERVICES FOR TEN (10) WATER WELL FACILITIES.
Mr. Bill Eisen, City Manager.
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Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2013-70.
City Manager Bill Eisen reported Council is being asked to award a bid for the cleaning
and painting of exterior piping at ten (10) City water well facilities to General Contractor
Services, Inc. in the total amount of $58,907.
Discussion ensued between Councilmember Owens and Assistant City Manager Jon
Branson regarding screening at the water facility along Pearland Parkway.
Voting "Aye" Councilmembers, Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-71 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO
THE BOARD OF DIRECTORS OF THE LOWER KIRBY PEARLAND MANAGEMENT
DISTRICT. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-71.
City Manager Bill Eisen reported this is for the reappointment of directors to the Lower
Kirby Management District (formerly the "Spectrum Management District) which was
legislatively created in 2007. The terms for the directors are set to expire on June 1,
2013; however, each director has requested they be reappointed.
Mayor Pro -Tem Sherrouse stepped out of the Chambers at 8:23 p.m.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent from the Chambers.
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COUNCIL ACTION — RESOLUTION NO. 2013-69 — AN RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF
EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY,
BEING 2.9316 ACRES OUT OF SECTION 16, G.C. SMITH SURVEY, ABSTRACT 546,
PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND
MAINTENANCE OF ROAD, DRAINAGE, AND UTILITY IMPROVEMENTS ON
CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE SAID PROPERTY, LOCATED WITHIN
THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN. Mr. Darrin Coker, City Attorney.
Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2013-69.
Councilmember Ordeneaux read into the record the entire caption of Resolution No.
2013-69 required by law in order to comply with the statutory requirements.
Mayor Pro -Tem Sherrouse returns to the Chambers at 8:27 p.m.
City Attorney Darrin Coker reported this resolution will allow the City to file a
condemnation petition in the above referenced matter. Prior to the filing of a
condemnation action, the City Council must approve a resolution declaring a public
necessity for the City's acquisition associated with Bailey Road. This resolution will be
filed as an attachment to the City's Petition.
Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-72 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN
THE OTHER VICTIM'S ASSISTANCE GRANT ("OVAG") THROUGH THE OFFICE OF
THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-72.
City Manager Bill Eisen reported Council is being asked for approval of a resolution
authorizing the submission of a grant application to the Office of the Attorney General,
Crimes Victim Services Division in the amount of $42,000. for grant funding for the Crime
Victims Specialist that works with crime victims at the Pearland Police Department.
Page 11 of 12 — 5/13/2013 — 7:00 PM
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 8:31 p.m.
Minutes approved as submitted and/or corrected this the 8th day of July, A.D., 2013.
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Tom Reid
Mayor
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