2014-03-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 10, 2014, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:32 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Susan Sherrouse
Clay Pearson
Darrin Coker
Young Lorfing
Absent: Councilmember Keith Ordeneaux.
Others in attendance: Claire Bogard Director of Finance; Jon Branson Assistant City
Manager; Matt Buchanan President of Pearland Economic Development Corporation;
J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects;
Lata Krishnarao Director of Community Development; Vance Riley Director of Fire
Services; Eric Wilson Public Works Director; Sparkle Anderson Communications
Manager; Skipper Jones Assistant Director of Capital Projects; Bob Pearce Purchasing
Officer.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
RECOGNITIONS AND AWARDS:
Mayor Reid introduced Pearland's new City Manager Clay Pearson.
Mayor Reid recognized and thanked the Youth Action Council students for attending the
City Council Meeting.
CITIZEN COMMENTS:
Kevin Cole, 3808 Houston Lake Drive, he stated he would like to address Council
regarding Agenda Item No. 3.
Kenneth Carter, 3607 E. Orange Street, addressed Council stating he has several
things he would like to bring to Council's attention. He stated the City started putting in
sidewalks in the old town site where he lives, but they are not completed. He is involved
with the Eyes of Pearland and concerned about political signs being put anywhere and
everywhere. He is concerned why the Pearland Fire Department is dispatched through
Houston and not Pearland. Juneteenth is an annual observance on June 19 to
remember when Union soldiers enforced the Emancipation Proclamation and freed all
remaining slaves in Texas on June 19, 1865. He would like to see Texas flags flown on
June 191h in Pearland.
Page 1 of 11 — 3/10/2014
Kelly Kronfeld, 11605 Summer Moon Drive, addressed Council stating she would like to
see multiple avenues for Arts Awareness on the west end of Pearland. According to a
recent global bench mark study, 8 to 10 people agree that unlocking creativity is critical
to economic growth and valuable to society. She feels it is crucial to provide
opportunities for our children as well as adults. Endorsing the arts on the west end of
Pearland is an accentual element of Pearland's continues prosperity and economic
development. It should be considered a top priority.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 24, 2014, Regular Meeting, held at 7:30
p.m.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Item A as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2014-26 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SEISMIC
TESTING PERMIT. Mr. Jon R. Branson, Assistant City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-26.
Assistant City Manager Jon Branson reported in 2013 the City Council approved a
seismic testing permit for Denbury Onshore to allow testing to be performed in the
Highway 35 vicinity south of Dixie Farm Road. Denbury is now seeking a permit to
expand the testing foot print. After reviewing the information, the Public Works Director
Eric Wilson has concluded that the applicant should be allowed to proceed with testing.
Discussion ensued between Council, City Attorney Darrin Coker and Denbury
Representative Gary Stewart regarding notification to the residents and complaints that
might arise.
Page 2 of 11 — 3/10/2014
Voting "Aye" Councilmembers Sherrouse, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-23 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO INTERLOCAL AGREEMENTS WITH
THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT AND PEARLAND
MUNICIPAL MANAGEMENT DISTRICT NO. 1. Mr. Matt Buchanan, President
Economic Development Corporation.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-23.
President of Economic Development Corporation Matt Buchanan gave a brief report
regarding R2014-23, R2014-27, R2014-24, and R2014-25.
Discussion ensued between Council and President of Economic Development
Corporation Matt Buchanan regarding the Management District's criteria matching the
City's criteria.
Councilmember Sherman stated it would be nice to have someone present from the
District to answer questions.
Voting "Aye" Councilmembers Sherrouse, Hill, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 3 to 1, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING A SPECIAL
WARRANTY DEED TO THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT
AND PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 FOR USE AS A
REGIONAL DETENTION POND. Mr. Matt Buchanan, President Economic
Development Corporation.
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-27.
Trent Perez, 1902 Lazy Hollow Lane, addressed Council stating he is representing MHI
Compressors. He understands MHI is the first developer going into this program. He
stated he served as Assistant City Engineer for the City and was in charge of
implementing the detention for development projects. It was implemented by policy to fill
a hole in the criteria. There is an impact to the developers; we are forcibly required to
subdivide the lot when we do not want to. He stated he is representing MHI tonight to
explain to Council what MHI Compressors is being asked to do coming into this project.
Page 3 of 11 — 3/10/2014
Kevin Cole, 3808 Houston Lake Drive, addressed Council regarding the Regional
Detention Lower Kirby Management District. He stated he would like to make sure the
Management District's adopted criteria match that of the City. He understands they may
not match, and wanted to bring this to the City's attention. He stated he is in favor of the
Regional Detention and excited to see the City involved in the program.
City Attorney Darrin Coker stated the recent comments made are related to Item 2. Item
3 is specifically the conveyance of the pond to the District. Also there are two aspects to
the version and clause. If it ceases to be used as regional detention purposes it would
revert back to the City. In addition if the agreement with TxDOT never occurs it would
also revert back to the City.
Voting "Aye" Councilmembers Carbone, Hill, and Sherrouse.
Voting "No" Councilmember Sherman.
Motion Passed 3 to 1, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-24 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO FINANCING AGREEMENTS
WITH THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT AND PEARLAND
MUNICIPAL MANAGEMENT DISTRICT NO. 1. Mr. Matt Buchanan, President
Economic Development Corporation.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2014-24.
City Attorney Darrin Coker stated this is not committing the City to any funds. It is
establishing rules and procedures by which funding will occur.
Voting "Aye" Councilmembers Sherrouse, Hill, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 3 to 1, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-25 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO FINANCE LETTER AGREEMENTS
WITH THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT AND PEARLAND
MUNICIPAL MANAGEMENT DISTRICT NO. 1, AND AN ENGINEERING SERVICES
CONTRACT WITH LJA ENGINEERING ASSOCIATED WITH REGIONAL DETENTION
FACILITIES. Mr. Matt Buchanan, President Economic Development Corporation.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2014-25.
Page 4 of 11 — 3/10/2014
City Attorney Darrin Coker stated this is authorizing multiple Financing Letter
Agreements with the Lower Kirby Municipal Management District and Pearland
Municipal Management District No. 1 and a contract for engineering services on behalf
of the Districts associated with regional detention.
Councilmember Sherman asked if these three different letter agreements could be
voted on individually.
City Attorney Darrin Coker stated they are all part of the same Resolution. It would be
more challenging to vote on them individually. He would recommend they be considered
as one item.
Voting "Aye" Councilmembers Carbone, Hill, and Sherrouse.
Voting "No" Councilmember Sherman.
Motion Passed 3 to 1, with Councilmember Ordeneaux absent.
FIRST READING OF ORDINANCE NO. 532-5 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 532,
THE FLOOD HAZARD PREVENTION ORDINANCE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A
SEVERABILITY CLAUSE; PROVIDING FOR CODEIFICATION, PUBLICATION AND
AN EFFECTIVE DATE. Mr. Jon R. Branson, Assistant City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve First Reading of Ordinance No. 532-5.
Assistant City Manager Jon R. Branson reported the main changes in the new maps are
the inclusion of previous revisions to the floodplain, which were accomplished by Letters
of Map revision. The changes went through a public comment period in 2012 and do not
include any known impacts on existing structures. Council is being asked for approval
adopting the amendment to the Flood Damage Prevention Ordinance.
Discussion ensued between Council and the Director of Engineering and Capital
Projects Trent Epperson regarding the new maps.
Voting "Aye" Councilmembers Sherrouse, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-18 — 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 HUGHES RANCH ROAD PROJECT. Mr. Jon R. Branson,
Assistant City Manager.
Page 5 of 11 — 3/10/2014
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-18.
Assistant City Manager Jon R. Branson reported Council is being asked to approve a
Development Agreement with MHI Partnership, Ltd. and transferring funds from CR59
Expansion (TR1304) to CR403 Project (TR1101).
Discussion ensued between Council and Assistant City Manager Jon R. Branson
regarding this being in the CIP for next year's budget.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR
CERTAIN ELECTRIC UTILITIES. Mr. Jon R. Branson, Assistant City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-21.
Assistant City Manager Jon R. Branson reported Council is being asked to approve a
Short Form Blanket Easement to Centerpoint Energy, for the Fire and EMS Station 3
project.
Voting "Aye" Councilmembers Sherrouse, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
FIRST READING OF ORDINANCE NO. 943-21 — 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 CLASUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Jon R. Branson, Assistant City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve First Reading of Ordinance No. 943-21.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to forward to Council to approve the proposed amendments to the
Thoroughfare Plan.
Page 6 of 11 — 3/10/2014
Assistant City Manager Jon R. Branson reported the City of Pearland is proposing
amendments to the Thoroughfare Plan which will have the effect of updating
classifications of roadways based on developments that have occurred and realigning
various roadways within the City. Council is being asked to consider the proposed
Thoroughfare Plan amendments.
Mayor Pro -Tem Hill stated he does not agree with the study, and he is against it. He
believes it would be better to build around the City and not through the City. He stated
he does like the Thoroughfare Plan and new additions, but he thinks connecting MILK
will make a difference in a negative way.
Mayor Reid stated this plan is not suggested to move people out of Pearland, but to
move people through Pearland.
Mayor Pro -Tem Hill stated because Pearland is part of the plan, he does not like people
dictating to Pearland what roads can to be built in our City just so we can connect to
Houston or Houston can connect to Highway 6. He stated he does not want MLK
coming into Pearland.
Councilmember Sherman asked Staff to go over the justifications for that segment of
roadway and what the effects would be by not extending MLK roadway.
Director of Engineering and Capital Projects Trent Epperson gave a short overview of
the justifications and effects by not extending the MILK roadway.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the timeline for the segment between McHard and Beltway 8.
Mayor Reid stated in the first segment it will be completed to McHard Road. It would be
a number of years before it could go beyond McHard Road.
Councilmember Sherrouse stated she believes we need to look at forward planning with
local consideration. She believes the City should build as far as McHard Road and in
the future revisit this. She stated she has concerns going all the way to Beltway 8.
Councilmember Sherman stated Council hears concerns and complaints from people
about why Council did not plan certain roads better. He stated Council looks back 10 to
15 years later and we ask those same questions. All were doing is creating an argument
for future Councilmembers to ask why this was not done 10 to 15 years ago. He stated
we all know the roads are going to have to be opened up because the City is not going
to stop growing. He stated were doing what past Councilmembers have done that cause
us unknown amounts of grief and frustration. We have to plan now or we are setting
ourselves up for disaster.
Mayor Pro -Tem Hill stated we may be setting future Councilmembers up 10 to 15 years
from now to say why did they do this. It is all speculation. He stated he has some
concerns and it is important to address these issues.
Page 7 of 11 — 3/10/2014
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the right-of-way going away if the Thoroughfare Plan is not
approved.
Mayor Pro -Tem Hill made a motion, seconded by Councilmember Sherrouse, to amend
Ordinance No. 943-21 to accept the Thoroughfare Plan in its current existence, and
exclude the extension from McHard to Beltway 8.
Voting "Aye" Councilmembers Hill and Sherrouse.
Voting "No" Councilmembers Carbone and Sherman.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Ordeneaux absent.
City Attorney Darrin Coker stated this motion does not approve the corridor from
McHard Road to Beltway 8. There is no distinction between a Thoroughfare and a
corridor.
Mayor Reid stated he would like to approve the roadway up to McHard Road, but
preserve the corridor that is not the extension of the roadway to use for protection for
future interest.
City Attorney Darrin Coker stated a motion to reconsider can be presented by a person
who supported the original motion as amended.
Mayor Reid made a motion, seconded by Councilmember Carbone to reconsider the
original motion as amended.
Voting "Aye" Councilmembers Carbone and Sherman.
Voting "No" Councilmembers Hill and Sherrouse.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Ordeneaux absent.
Mayor Pro -Tem Hill made a motion, seconded by Councilmember Sherrouse to amend
Ordinance No. 943-21 to accept the Thoroughfare Plan in its current existence, and
exclude the extension from McHard to Beltway 8.
City Attorney Darrin Coker stated if this amended motion does not pass it will go back to
the original motion which will approve the Thoroughfare Plan all the way to Beltway 8.
Page 8 of 11 — 3/10/2014
Voting "Aye" Councilmembers Hill and Sherrouse.
Voting "No" Councilmembers Carbone and Sherman.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No" Mayor Reid.
Motion Failed 3 to 2, with Councilmember Ordeneaux absent.
Mayor Reid called for the vote on the original amended motion to approve the
Thoroughfare Plan all the way to Beltway 8.
Voting "Aye" Councilmembers Carbone and Sherman.
Voting "No" Councilmembers Hill and Sherrouse.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed: 3 to 2, with Councilmember Ordeneaux absent.
COUNCIL ACTION — RESOLUTION NO. R2014-22 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE
ISSUANCE OF APPROXIMATELY $8,175,000 UNLIMITED TAX REFUNDING
BONDS, SERIES 2014. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-22.
City Attorney Darrin Coker reported Brazoria County Municipal Utility District No. 6,
located east of Highway 288, is seeking the Council's consent to proceed with the
refunding of the District's Series 2004 and 2004-A Bonds.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux absent.
Page 9 of 11 — 3/10/2014
C��i1a�7��b�l�l���i
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
Council adjourned into Executive Session under Texas Government Code at 9:27 p.m.
to discuss the following:
1. SECTION 551.087 — REGARDING CONSULTATIONS WITH CITY
ATTORNEY — REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Jon R. Branson, Interim City Manager.
2. SECTION 551.071 — REGARDING CONSULTATIONS WITH CITY
ATTORNEY — REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker,
City Attorney.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:36 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMEMT NEGOTIATIONS.
City Council.
No Council action taken.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
COLE'S FLEA MARKET. City Council.
Councilmember Sherman made the motion, seconded by Councilmember Sherrouse,
to authorize Staff to proceed with the settlement of Cole's Flea Market litigation as
discussed in Executive Session.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse.
Voting "No" None.
Motion Passed: 4 to 0, with Councilmember Ordeneaux absent.
Page 10 of 11 — 3/10/2014
ADJOURNMENT
Meeting was adjourned at 10:38 p.m.
Minutes approved as submitted and/or corrected this the 14t" day of April, A.D., 2014.
Tom Reid
Mayor
ATTEST-
...............
TTEST:
a�•,�
ng LMo R C =U=
iSec C
,,
Page 11 of 11 — 3/10/2014