2013-08-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 12, 2013, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Susan Sherrouse
Keith Ordeneaux
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Daniel Baum EMS Operations Director; Jon Branson Assistant
City Manager; Matt Buchanan President of Economic Development Corporation; Eric
Wilson Public Works Director; J.C. Doyle Police Chief; Trent Epperson Director of
Engineering and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant
City Manager; 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; Bob Pearce Purchasing Officer; Bobby Pennington Budget Coordinator; Kim
Sinistore Executive Director of the Convention/Visitors Bureau.
The invocation was given by Councilmember Sherrouse and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
City Manager Bill Eisen stated he has spent the last 37 years of service to cities in the
great state of Texas. The last 12 years have been spent as City Manager of Pearland.
They have been the most challenging and rewarding years of his career. After 37 years,
the time has come to retire from the City Management prefession. He stated he will be
leaving his position as City Manager on December 31, 2013. He further stated he and
his wife Janice are looking forward to doing the things they have wanted to do over the
years but did not have time due to job related time restraints. He stated he appreciates
the support City Council has given him during his tenure in Pearland. It has been an
honor to serve with Council. He especially wanted to extend his thanks to a group of
outstanding public servants the senior staff and employees of the City. It has been a
great privilege to work with people who care deeply about public service and the
citizens of Pearland. He will continue living in Pearland and look forward to seeing the
City grow and prosper over the coming years.
Mayor Reid stated that Bill Eisen City Manager has been a gem in selecting a quality
staff and having the vision to make Pearland a special community. He further stated Mr.
Eisen has been a good example of what a City Manager should be.
Page 1 of 12 — 8/12/2013
RECOGNITIONS AND AWARDS: None.
CITIZENS:
Lance Foss, 1409 O'Day Road, #57, addressed Council stating it is good information
knowing the need of a new Jailer because of the growth and arrest activity in Pearland.
He stated he is a bicycle advocate; but it is dangerous riding a bike on Pearland streets.
He did some research and found the last time the Mayor and Councilmembers received
a salary increase was 2004. As a citizen he highly recommends a salary increase for
the Mayor and Councilmembers for the value of their time to the City. He stated the idea
of having 7 Councilmembers instead of 5 is a great idea. He further stated with 7
Councilmembers some of the things that happen by chance may happen more naturally
as far as diversity of intellect and background.
Caleb Smith, 5231 Ryan Acres Drive, addressed Council stating he lives near McLean
Park. He would like to request a sign to be installed asking that dogs are kept on a
leash. There are small children at risk and large dogs have attacked his chicken coop
because they were not on a leash. He further stated he believes there is a leash law
ordinance and would like for people to be aware they are responsible for their dogs.
Neil West, 2218 Country Club Drive, addressed Council stating the City has a good
looking Parkway. He stated along the site of Pearland Parkway and Broadway there is
going to be a HEB, service station and car wash constructed. On the next block are the
ugliest telephone and utility poles. He stated the City has a beautiful Parkway; it is not
going to stay that way if the City continues to put utility poles one foot from the street.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the June 10, 2013, Regular Meeting, held at 7:30 p.m.
2. Minutes of the July 15, 2013, Joint Public Hearing, held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE
ABSENCE OF COUNCILMEMBER SUSAN SHERROUSE FROM THE
REGULAR COUNCIL MEETING HELD ON JULY 22, 2013.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
ORDINANCE NO. 1487 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS EXTENDING TRAFFIC
RULES AND REGULATIONS TO CERTAIN PRIVATE ROADS
OWNED AND MAINTAINED BY BELLAVITA PROPERTY OWNERS
ASSOCIATION AND CONTAINED WITHIN THE BELLAVITA
SUBDIVISION; PROVIDING FOR ENFORCEMENT; PROVIDING
Page 2 of 12 — 8/12/2013
FOR PENALTIES AND FINES; PROVIDING FOR ADMINISTRATION;
PROVIDING FOR CONFLICTS WITH OTHER LAWS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR ROAD STRIPING
SERVICES. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR
EMPLOYEE UNIFORM RENTAL SERVICES. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HEREBY DESIGNATING CERTAIN
VEHICLES AS EMERGENCY VEHICLES OF THE EMERGENCY
MEDICAL SERVICES DEPARTMENT OF THE CITY OF PEARLAND.
Mr. Darrin Coker, City Attorney.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through F as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
FIRST AND ONLY READING OF ORDINANCE NO. 1488 — AN ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES
OF OBLIGATION, SERIES 2013; PRESCRIBING THE TERMS AND FORM THEREOF;
PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST
THEREON; AWARDING THE SALE THEREOF; MAKING OTHER PROVISIONS
REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS
THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Ordinance No. 1488 on its first and only reading.
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City Manager Bill Eisen reported Council will consider the award of a bid for the sale of
Certificates of Obligation, Series 2013 in the amount of $2,745,000.
Frank Ildebrando with BOSC, Inc. gave a short overview of the results of the bids and
made a recommendation for award.
Discussion ensued between Council and Frank Ildebrando regarding the maturity of the
Certificates of Obligation.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000CUP-66 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING 5.00 ACRES OUT
OF THE G.T. & B.R.R. COMPANY SURVEY, A-304 IN BRAZORIA COUNTY, TEXAS.
BEING THE SAME LAND DESCRIBED AS 5.00 ACRES IN A WARRANTY DEED
FROM STEVEN C. MUTH TO HOUSTON CHINESE CHURCH, DATED JULY 5, 2007
AND RECORDED AS DOCUMENT NO. 2007039242, OFFICIAL RECORDS OF
BRAZORIA COUNTY, TEXAS. (LOCATED AT THE 2500 BLOCK OF MILLER RANCH
RD., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-05
TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF WORSHIP IN THE SINGLE
FAMILY RESIDENTIAL -1 (R-1) DISTRICT AT THE REQUEST OF RAYMOND JJ
ZHUO, APPLICANT, ON BEHALF OF HOUSTON CHINESE CHURCH, 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 Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000CUP-66 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 2013-05.
City Manager Bill Eisen reported the Planning and Zoning Commission approved with
the following conditions:
1.) The site to be developed in accordance with the attached site plan provided
by the applicant.
2.) Allow the flexibility for the detention to be at the front or back of the property.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 2000CUP-67 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOTS 13,14 AND
15, BLOCK E, PEARLAND, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK
OF BRAZORIA COUNTY, TEXAS IN VOLUME 29, PAGE 41 OF THE DEED
RECORDS, BRAZORIA COUNTY, TEXAS. (LOCATED AT 3901 PLUM ST.,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-06 TO
ALLOW FOR AN ADULT DAYCARE IN THE OLD TOWNSITE MIXED USE (OT -MU)
DISTRICT AT THE REQUEST OF RENEA SARTAIN, APPLICANT, ON BEHALF OF
JAMES C. PACE, 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 Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Ordinance No. 2000CUP-67 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. CUP 2013-06.
City Manager Bill Eisen reported this would allow the operation of an Adult Daycare with
normal hours of operation of 8:00 a.m. to 4:00 p.m.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-107 — 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 OF LAND 100 FEET X 200 FEET OUT OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, OF
THE H.T. & B. RAILWAY SURVEY, ABSTRACT 239, BRAZORIA COUNTY, TEXAS.
(LOCATED AT 4606 WALNUT ST., PEARLAND, TX.) ZONE CHANGE 2013-12Z, A
REQUEST OF ERINN BROWN, APPLICANT, AND OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL — 2 (R-2) ZONE TO THE
OFFICE PROFESSIONAL (OP) 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.
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 2000M-107 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. 2013-12Z.
Page 5 of 12 — 8/12/2013
City Manager Bill Eisen reported this zone change will allow the applicant to convert the
existing single family home into office space for a law practice.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 2000M-108 — 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 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL SURVEY,
ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS; BEING A PART OF THAT
SAME TRACT OF LAND DESIGNATED AS TRACT 8 AND DESCRIBED IN THE
DEED OF LENNAR HOMES OF TEXAS, INC. RECORDED IN BRAZORIA COUNTY
CLERKS FILE NO. 94-009151, OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS. (LOCATED AT THE NORTHWEST CORNER OF MCHARD RD. AND
CULLEN BLVD., PEARLAND, TX) ZONE CHANGE 2013-13Z, A REQUEST OF KEITH
SCHOONOVER OF LENNAR HOMES, APPLICANT FOR LENNAR HOMES OF
TEXAS, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE
FAMILY RESIDENTIAL - 3 (R-3) ZONE TO THE GENERAL BUSINESS (GB) 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.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to
approve Ordinance No. 2000M-108 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. 2013-13Z.
City Manager Bill Eisen reported this will allow the applicant to market and sell the
property for future commercial use.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 1489 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 33.765 ACRES
OF LAND. Mr. Darrin Coker, City Attorney.
Page 6 of 12 — 8/12/2013
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1489 on its first reading.
City Manager Bill Eisen reported the Municipal Utility District 28 is within the
extraterritorial jurisdiction of the city. In order for an extraterritorial jurisdiction mud
district to annex additional property into its boundaries City Council approval is required.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-120 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED
FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE MCHARD ROAD
PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-120.
City Manager Bill Eisen reported Council is being asked to enter into an Advanced
Funding Agreement with the Texas Department of Transportation for the McHard Road
project in the amount of $8,231,132.80.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-119 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE FITE ROAD PROJECT.
Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2013-119.
City Manager Bill Eisen reported Council is being asked for approval to award a contract
for design engineering services to Cobb Fendley & Associates for the Fite Road project
in the amount of $513,566.18.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 12 — 8/12/2013
FIRST READING OF ORDINANCE NO. 1486 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 14, JUNK
AND JUNK DEALERS, TO ADOPT A NEW ARTICLE V, CRAFTED PRECIOUS
METALS DEALERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1486 on its first reading.
City Attorney Darrin Coker reported the purpose of the ordinance is to regulate and
track the sale and purchase of crafted precious metals. The increase in gold and silver
prices has led to an increase in thefts and the number of dealers who buy and sell
crafted precious metals. The ordinance will allow law enforcement agencies to monitor
the movement of stolen property.
Discussion ensued between Council and City Attorney Darrin Coker regarding current
regulations on these types of businesses.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-125 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS PLACING ON THE AGENDAS OF
SEPTEMBER 9, 2013 AND SEPTEMBER 23, 2013 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2013-2014 TAX RATE.
Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-125.
City Manager Bill Eisen reported Council is being asked to approve the setting and
placing on the agendas of September 9, 2013 and September 23, 2013 the ordinance to
adopt the 2013 tax rate.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 12 — 8/12/2013
COUNCIL ACTION — RESOLUTION NO. R2013-124 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF
SEPTEMBER 9, 2013 AND SEPTEMBER 23, 2013 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2013-2014 BUDGET AND
SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-124.
City Manager Bill Eisen reported Council is being asked to approve the setting and
placing on the agenda of August 26, 2013 the public hearing on the proposed fiscal year
2013-2014 budget and setting and placing on the agendas of September 9, 2013 and
September 23, 2013 adopting of the fiscal year 2013-2014 budget.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1490 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
OF APPROXIMATELY 10.400 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1490 on its first reading.
City Attorney Darrin Coker reported the petition seeks to add 10.4 acres into the
boundaries of Brazoria County Municipal Utility District No. 22, which is generally
located in the extreme southwestern portion of the City's extraterritorial jurisdiction. The
City Council has conducted 2 workshops to discuss the request, which includes plans to
construct a multi -family development with approximately 120 units.
Mayor Reid stated this is an area that needs some economic stimulation and believes
this would be a positive type of development.
Councilmember Sherman stated he cannot support this. The citizens are outraged when
there is talk of building more apartments in the City. There is zero appetite from the
citizens on the east and west side of town for apartment units being constructed in
Pearland.
Councilmember Sherrouse stated the three complaints she hears from Pearland
Citizens are; traffic, apartments, and strip centers. She stated while these citizens are in
the extraterritorial jurisdiction and they can not vote for or against her; they are her
neighbors. She stated she cannot support this.
Page 9 of 12 — 8/12/2013
Councilmember Ordeneaux stated he has heard from citizens that Pearland has more
apartments than what they want to have. He stated he has great concern on what
Manvel and surrounding areas are going to allow to be built and Pearland has no
control over. He stated he will not be able to support this.
Councilmember Carbone stated he agrees from the citizen's side; we do not want more
apartments. He stated there is 40 acres in that area that could be developed with 3 or
400 units. He would rather see the cap placed on 120 units, built to city code, and
$100,000 park dedication fee going to the City's Parks and Recreation Department than
to vote against it.
Mayor Pro -Tem Hill stated he agrees with Councilmember Carbone. After looking at the
presentation he agrees it is better to have control of 120 units and the Parks and
Recreation Department receive the $100,000 park dedication fee. He stated this is a
difficult position for the Councilmembers because of the agreement that was made by
past Councilmembers in respect to the number of apartments that can be built west of
Interstate 288.
Chris Applequist, Miller -Valentine Group, addressed Council stating there have been
some changes regarding some of the concerns Council had. There will be a restriction
on the number of apartments in Municipal Utility District 21 and Municipal Utility District
22. He stated there is going to be $100,000 park dedication fee which is above what the
City recommends. This development is going to exceed all the City criteria. The Miller -
Valentine Group is one of the top ten management groups in the United States.
Mayor Reid stated this is 8 miles south of the City, outside the City limits. A person does
not need the City's permission to build in this area. If a person wants to be a part of the
Municipal Utility District one has to seek permission by City Council. He stated it is a
challenge because that area is going to be developed one way or the other. He would
like to see it developed the right way.
Councilmember Sherman stated he understands Councilmember Ordeneaux's
frustration because he is equally frustrated. A month ago he asked for a list of members
of the Board of Directors of Municipal Utility District 21 and Municipal Utility District 22.
Council was told in the initial workshop the Municipal Utility Districts supported this
development. Council never received the list of members. It would have been nice to
see when Council is told MUD boards are supportive of a development whether they are
actual residents on those boards or are they development driven.
Chris Applequist stated the Miller -Valentine Group has tried many times to get the list of
members of the Board of Directors through the Municipal Utility District Attorney and
was told he is out of the office. He further stated he will get the list of members and a list
of support from the Lakes of Savannah for Council. He stated if it is possible to table
this motion he will get this information to Council.
Page 10 of 12 — 8/12/2013
Voting "Aye" Councilmembers Carbone, and Hill.
Voting "No" Councilmembers Sherman, Ordeneaux, and Sherrouse.
Motion Failed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2013-126 — 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 PROPOSED DEVELOPMENT IN BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-126.
Voting "Aye" Councilmembers Carbone, and Hill.
Voting "No" Councilmembers Sherman, Ordeneaux, and Sherrouse.
Motion Failed 3 to 2.
Mayor Reid called for a recess at 9:02 p.m. to complete the second portion of the
Workshop.
Mayor Reid called the meeting back to order at 11:08 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 11:09 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY
— REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY
— REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
Mr. Bill Eisen, City Manager.
Page 11 of 12 — 8/12/2013
NEW BUSINESS:
Council returned from Executive Session at 11:37 p.m.
CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Carbone to
authorize Staff to proceed with the acquisition of properties along Bailey Road as
discussed in Executive Session.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 11:38 p.m.
Minutes approved as submitted and/or corrected this the 9th day of September, A.D.,
2013.
�UYy,I
Tom Reid
Mayor
ATTEST:
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