2017-06-26 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 26, 2017 AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:33 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lofing
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; Michelle
Graham Director of Human Resource; Jimontanae McBride City Planner; John
McCarter Budget Officer; Chris Orlea Director of Parks & Recreation; Cynthia Pearson
' Director of Finance; Kim Sinistore Executive Director of the ConventionNisitors Bureau;
Johnny Spires Chief of Police; Robert Upton City Engineer; Eric Wilson Public Works
Director; Sparkle Anderson Communications Manager; Andrea Brinkley Assistant
Director of Public Works; Joel Hardy Interim Management Assistant; Rick Overgaard
Assistant Finance Director.
The invocation was given by Councilmember Little and the Pledge of Allegiance was led
by Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers, Carbone, Moore,
Ordeneaux, Little, Perez, and Owens.
CITIZEN COMMENTS:
Greg Nelson, 1617 Pine Crest Drive, addressed Council stating his concerns against
Ordinance No. 2000M-159.
L. C. (Max) Krchnak, 3420 Shadycrest Drive, addressed Council stating his concerns
regarding the difficulties he is having in purchasing property in Pearland.
' Terry Gray, 2415 Texas, addressed Council stating his concerns regarding the plaque in
the City Hall lobby has two incorrect names on It, water rates and trash cans over trash
bags.
Page 1 of 14 - 06/26/2017
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the May 22, 2017, Regular Meeting held at 6:30 p.m
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000T-25 - An Ordinance of the City Council of the
City of Pearland, Texas, amending selected provisions of the Unified
Development Code of the City regarding Studio or Learning Center for
Fine Arts or Performing Arts; Food Trucks at Micro-Brewery/Micro-
Distillery/Micro-Wineries; Signage Lighting Around Windows; and
Exterior Building Design Requirements for Metal Bars on Windows;
having a savings clause, a severability clause, and a repealer clause;
providing for codification, publication and an effective date.
C. Consideration and Possible Action - Resolution No. R2017-123 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the assignment and assumption of a tax abatement
agreement by Woodbury Strategic Partners Fund, L.P. to SE Pearland
Transitory, LLC. '
D. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-159 - 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 property, A tract or parcel of land containing
9.6135 acres of land (418,766 square feet), being out of and a part of
Lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4),
of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 79, Page 616
of the Office of the County Clerk of Brazoria County.(Located at 3205
Dixie Farm Road, Pearland, TX.) Zone Change Application No.
ZONE 17-00007, a request of Kevin Cole, applicant, on behalf of
Anthony and Kimberly Giuliani, owner; for approval of a change in
zoning from the Single -Family Residential -1 (R-1) to a
Neighborhood Services (NS) zoning district; on approximately
9.6135 acres of land; providing for an amendment of the zoning district
map; containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Page 2 of 14 — 6/26/2017
' E. Consideration and Possible Action - Resolution No. R2017-125 - A
Resolution of the City Council of the City of Pearland, Texas, renewing
a unit supply bid for the purchase of Debris Management Services to
Ceres Environmental (Primary Contractor), and Crowder Gulf, LLC
(Secondary Contractor), for the period of August 1, 2017 to July 31,
2018.
F. Consideration and Possible Action - Excuse the Absence of
Councilmember Keith Ordeneaux from the Regular Council Meeting
held on June 12, 2017.
G. Consideration and Possible Action - Resolution No. R2017-121 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a Lease
Agreement with the Pearland Neighborhood Center for the City facility
located 2335 N. Texas Avenue.
H. Consideration and Possible Action — Resolution No. R2017-127 —
A Resolution of
the City Council of the
City
of Pearland,
Texas,
awarding a unit
supply contract for open
ditch
and bridge
mowing
services to Special Touch Landscaping, in the estimated amount of,
$66,063.20 for the period of July 1, 2017 through June 30, 2018.
Councilmember Carbone asked that Consent Agenda Items D and G be removed from
the Consent Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to
adopt Consent Agenda Items A through H with the exception of Items D and G as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez, and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Councilmember Carbone Consent Agenda Item D was removed for
' further discussion.
Page 3 of 14 — 6/26/2017
D. Consideration and Possible Action — Second and Final Reading of '
Ordinance No. 2000M-159 - 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 property, A tract or parcel of land containing
9.6135 acres of land (418,766 square feet), being out of and a part of
Lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4),
of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 79, Page 616
of the Office of the County Clerk of Brazoria County.(Located at 3205
Dixie Farm Road, Pearland, TX.) Zone Change Application No.
ZONE 17-00007, a request of Kevin Cole, applicant, on behalf of
Anthony and Kimberly Giuliani, owner; for approval of a change in
zoning from the Single -Family Residential -1 (R-1) to a
Neighborhood Services (NS) zoning district; on approximately
9.6135 acres of land; providing for an amendment of the zoning district
map; containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Ordinance No. 2000M-159 on its Second and Final Reading.
Councilmember Carbone stated he removed this item because of the previous public '
comment against this item.
Discussion ensued between Councilmember Carbone and City Engineer Robert Upton
regarding the traffic before the final development or approval.
Discussion ensued between Councilmember Moore and City Planner Jimontanae
McBride regarding property being sub -divided.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez, and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
As requested by Councilmember Carbone Consent Agenda Item G was removed for
further discussion.
Page 4 of 14 — 6/26/2017
' G. Consideration and Possible Action - Resolution No. R2017-121 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a Lease
Agreement with the Pearland Neighborhood Center for the City facility
located 2335 N. Texas Avenue.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-121.
City Manager Clay Pearson reported In 1997 the City entered into a twenty (20) year
lease agreement with the Pearland Neighborhood Center to utilize the building located
at Block 14, Lots 11-9 of the Pearland Townsite in Pearland, Brazoria County, better
known as 2335 N. Texas Avenue. The current lease expires October 31st of this year,
the President of the organization, Brad Christen has requested the City renew the lease.
Due to the age and condition of the building, It is recommended the City enters into a
new lease agreement for a new 10 -year time period with the same 180 -day termination
clause that is in the current lease.
Discussion ensued between Councilmember Moore and Deputy City Manager Jon
Branson regarding at this time there is not a plan for the Pearland Neighborhood Center
to relocate after the 10 year lease expires.
' Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez, and
Owens.
Voting "No" None.
Motion Passed 7 to 0
NEW BUSINESS
Second and Final Reading of Ordinance No. 1538 —An Ordinance of the City Council
of the City of Pearland, Texas authorizing issuance of City of Pearland, Texas,
permanent improvement and/or refunding bonds in one or more series; setting certain
parameters for the bonds; authorizing refunding of certain outstanding obligations;
authorizing a pricing officer to approve the amount, the interest rate, price, and terms
thereof and certain other procedures and provisions relating thereto.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Reed to approve
Ordinance No. 1538 on its Second and Final Reading.
' BOSC, Inc. Financial Representative John Robuck gave an overview of the Permanent
Improvement and Refunding Bonds, Series 2017, Certificates of Obligation, Series 2017
and Water and Sewer System Revenue and Refunding Bonds, Series 2017.
Page 5 of 14 — 6/26/2017
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens, and '
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
Second and Final Reading of Ordinance No. 1537 - An Ordinance of the City Council
of the City of Pearland, Texas, authorizing issuance of City of Pearland, Texas, water
and sewer system revenue and refunding bonds, Series 2017C; prescribing the terms
and conditions thereof; providing for the payment thereof; establishing parameters with
respect to the sale of the bonds; authorizing the preparation and distribution of an official
statement to be used in connection with the sale of the bonds; making other provisions
regarding such bonds and matters incident thereto; authorizing execution and delivery of
a paying agent/registrar agreement and an escrow agreement; and containing other
matters related thereto.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Ordeneaux to
approve the Ordinance No. 1537 on its Second and Final Reading.
BOSC, Inc. Financial Representative John Robuck stated he will answer any questions
Council may have. '
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone, and
Moore.
Voting "No" None.
Motion Passed 7 to 0.
Second and Final Reading of Ordinance No. 1529-2 - An Ordinance of the City
Council of the City of Pearland, Texas, amending Ordinance No. 1529-1, the 2016-2017
Annual Budget Ordinance, by; authorizing the City Manager or his designee to take all
actions necessary to facilitate the changes identified herein; providing a savings clause,
a severability clause, a repealer clause, and an effective date.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve the Ordinance No. 1529-2 on its Second and Final Reading.
City Manager Clay Pearson reported Staff is submitting for Council consideration and
approval of a revised budget for the Fiscal Year 2017 based on year-end projections.
Budget Officer John McCarter gave an overview of the revised budget. '
Councilmember Carbone stated his questions were answered at the first reading.
Page 6 of 14 — 6/26/2017
' Councilmember Moore stated his questions have been answered.
Mayor Pro -Tem Reed stated no questions.
Councilmember Perez thanked Staff for their hard work and he has no questions.
Councilmember Owens stated he would like a hard copy of the budget before he makes
a decision. He further stated his concerns regarding the Ordinance stating City Council
authorizing the City Manager or his designee to take all actions necessary to facilitate the
changes identified herein.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Carbone, Moore, and Reed.
Voting "No" Councilmember Owens.
Motion Passed 6 to 1.
First Reading of Ordinance No. 2000M-158 — 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 property,
30,403 square feet of land, located in the H.T. & B. RR. Company Survey, Abstract 242,
in Brazoria County, Texas, being out of a called 1.000 acre tract save and except tract
' out of a called 1.5 acre tract (surveyed as 1.9859 acre tract) conveyed to Jose De Jesus
Mata, recorded in Brazoria County Clerk's File Number (B.C.C.D. No.) 98-016186.
(Located at 7501 Fite Road, Pearland, TX.) Zone Change Application No. ZONE 17-
00005, a request of Richard Skotak, applicant, on behalf of Larry Darcey, owner; for
approval of a change in zoning from the Multiple -Family (MF) zoning to a General
Business (GB) zoning district; on approximately 0.698 acres of land; providing for an
amendment of the zoning district map; containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Ordinance No. 2000M-158 on its First Reading as Amended.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Zone Change Application No. ZONE 17-00005.
City Planner Jimontanae McBride gave an overview of the requested zone change.
Councilmember Carbone stated the original application was a zone change to General
Business (GB), Planning & Zoning denied it. The applicant is now requesting a lessor
commercial category of Office Professional (OP), Planning & Zoning denied the OP.
' Since Planning & Zoning denied both requests this will require a super majority vote by
Council.
Page 7 of 14 — 6/26/2017
Councilmember Moore stated he would be ok with the OP because along FM1128 there I are several different zones. He does not see that it would cause any issues since the rest
of the properties are zoned the way they are.
Councilmember Carbone amended the motion, seconded by Councilmember Moore to
change the zoning from General Business (GB) to Office Professional (OP).
Discussion ensued between Mayor Pro -Tem Reed and City Attorney Darrin Coker
regarding this being a lessor use will not need to go back before Planning & Zoning.
Discussion ensued between Councilmember Perez and City Attorney Darrin Coker
regarding spot zoning.
Mayor Reid called for the vote on the amendment.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez, and
Owens.
Voting "No" None
Motion Passed 7 to 0.
Discussion ensued between Councilmember Ordeneaux and City Planner Jimontanae ,
McBride regarding if the property is up to code and meets the requirements of Office
Professional (OP).
Councilmember Perez stated it is hard to make a decision regarding this, it does not
conform to the City's future land use plan. If the City Attorney feels comfortable that this
cannot easily be considered spot zoning he will be ok with it.
Councilmember Ordeneaux stated this does give him heartburn. When you look at
zoning you are not looking at the use, you are looking at the land. The future land use
plan does not have Office Professional (OP). He has an issue rezoning this property.
Councilmember Carbone stated the property along FM1128 does not look or feel like
residential property. The applicant may win tonight, but there is still a lot of expense to
bring it up to code.
Mayor Reid called for the vote on the motion as amended.
Voting "Aye' Councilmembers Little, Perez, Owens, Carbone, Moore, Reed, and
Ordeneaux.
Voting "No" None. '
Motion Passed 7 to 0.
Page 8 of 14 — 6/26/2017
' First Reading of Ordinance No. CUP 17-00007 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for
an Auto Wash (Self -Service) in the Planned Development (PD) zoning district,
Being a 1.4012 acre (61,036 square feet) parcel of land situated in the T.C.R.R. CO.
Survey, Abstract 675, in Brazoria County Texas, and being all of Lot "D" of Shadow
Creek Ranch Commercial Site No. 18B, as recorded under File Number 2007035195 of
Brazoria County Public Records (B.C.P.R.). (Located at 11213 & 11233 Shadow
Creek Parkway, TX.) Conditional Use Permit Application No CUP 17-00007, within the
Planned Development (PD) zoning district, at the request of Sheelah Taylor, applicant,
on behalf of ST Shadow Creek LLC, owner, represented by Tri Nguyen, containing a
savings clause, a severability clause, and an effective date and other provisions related
to the subject.
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
the Ordinance No. CUP 17-00007 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP 17-00007.
City Planner Jimontanae McBride gave an overview of the requested Conditional Use
Permit (CUP).
' Discussion ensued between Mayor Pro -Tem Reed and the Real Estate Broker
representing the applicant regarding the traffic, the size of the property, and the eastern
portion of the site that is proposed for another commercial use.
Councilmember Ordeneaux stated he does not have a problem with the Auto Wash. He
does not see this as a one point access, there are multiple ways to get to the property.
Discussion ensued between Councilmember Little and the applicant regarding the noise
of the blowers.
Councilmember Perez stated he is ok with the car wash, as a use this is the appropriate
area. He stated this is not going to produce a lot of traffic.
Councilmember Carbone stated he is fine with the use for this property
Discussion ensued between Councilmember Carbone and City Planner Jimontanae
McBride regarding the attached site plan to the Conditional Use Permit (CUP) and
location of buildings leaves little room for landscape and additional measures to help
mitigate the site and surrounding developments does not provide a high quality
development.
I
Councilmember Owens stated he does not have a problem with the car wash.
Page 9 of 14 — 6/26/2017
Discussion ensued between Councilmember Carbone and City Planner Jimontanae I McBride regarding the lot width and the City is not allowing the applicant to split the
property.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Ordeneaux, and Little.
Voting "No" Mayor Pro -Tem Reed.
Motion Passed 6 to 1.
Second and Final Reading of Ordinance No. CUP 17-00006 - An Ordinance of the
City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP)
to allow for a Liquor/Package Store in the Planned Unit Development (PUD)
zoning district, Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land
located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey,
Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726,
Brazoria County, Texas, more particularly being the residue of that certain called
40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record
under document number 2007005788, B.C.O.R., all of that certain called 7.376 acre
that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document
number 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed
to Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record
under document number 2007025822, B.C.O.R., also being all of Reserve "A" of the '
C&S Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page
24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. (Located at
11041 Shadow Creek Parkway, Pearland, TX.) Conditional Use Permit Application No
CUP 17-00006, within the Planned Unit Development (PUD) zoning district, at the
request of MSJ Business Group, LLC., represented by James Daniel, applicant, on
behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton,
containing a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
Councilmember Owens made the motion, seconded by Councilmember Ordeneaux to
approve the Ordinance No. CUP 17-00006 on its Second and Final Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Conditional Use Permit Application No. CUP 17-
00006.
City Manager Clay Pearson reported this request is for approval of a Conditional Use
Permit (CUP) located at 11041 Shadow Creek Parkway, to allow for a Liquor/Package
Store in the Planned Development (PUD).
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, and Perez.
Voting "No" Councilmember Owens.
Page 10 of 14 — 6/26/2017
' Motion Passed 5 to 1, with Councilmember Little absent from the Chambers.
Council Action — Resolution No. R2017-126 — A Resolution of the City Council of the
City of Pearland, renewing the employee health insurance benefits for stop loss and
administration services with Cigna, renewing employee dental insurance with Aetna and
renewing the employee vision plan benefits with Vision Benefits of American for fiscal
year 2017-2018.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-126.
IPS Representative Bryan Wilson gave a presentation of the City's health plan.
Discussion ensued between Councilmember Moore and IPS Representative Bryan
Wilson regarding other plans besides Kelsey -Seybold.
City Manager Clay Pearson stated the plan with Kelsey -Seybold will end next year and
at that time the City can take bids for other health plans.
Discussion ensued between Councilmember Ordeneaux and Director of Human
Resource Michelle Graham regarding the enrollment numbers.
Discussion ensued between Councilmember Little and IPS Representative Bryan Wilson
regarding the costs of private industries verses municipal governments.
Discussion ensued between Councilmember Perez and IPS Representative Bryan
Wilson regarding the contributing factors per capita costs.
Councilmember Perez stated he would like to see whatever is done regarding the health
benefits does not diminish the health benefits for the employees, they are hardworking
employees. He does not like taking more money from the employee paychecks than
what the City is already taking.
Councilmember Carbone stated last year the plan was altered from 70% to 68% and 2%
every year. He does not see any reason to deviate from that.
Councilmember Ordeneaux stated he agrees with Councilmember Carbone. He would
like to see numbers of 64%.
Councilmember Owens stated when you give something as a benefit it is more difficult to
take it away. He would like to see the numbers at 66% and 68%.
' Councilmember Carbone amended the motion, seconded by Councilmember Moore to
calculate the subsidy based on 66% of the Kelsey Care 80% plan.
Page 11 of 14 — 6/26/2017
Mayor Reid called for the vote on the amended motion. '
Voting "Aye" Councilmembers Carbone, Moore, Little, Perez, and Owens.
Voting "No" Councilmembers Reed and Ordeneaux.
Motion Passed 5 to 2.
Discussion ensued between Councilmember Carbone and Director of Human Resource
Michelle Graham regarding for clarification the 66% is with using the $200,000. fund
balance.
Councilmember Perez stated for the sake of transparency Kelsey -Seybold is a client of
his, it technically does not forbid him from voting on this. The importance of this is he
would like to vote because it impacts the City employees.
Mayor Reid called for the vote on the motion as amended.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Little, Perez, and Owens.
Voting "No" Mayor Pro -Tem Reed.
Motion Passed 6 to 1. '
First Reading of Ordinance No. 1539 — An Ordinance of the City Council of the City of
Pearland, Texas, approving the annexation by Brazoria County Municipal Utility District
No. 28 of approximately 28.7092 acres of land, generally located at the intersection of
Cullen Parkway and Fite Road; and the intersection of Harkey Road and Magnolia
Boulevard.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Reed to approve
the Ordinance No. 1539 on its First Reading.
City Attorney Darrin Coker reported the City received a petition to allow the annexation of
28 acres into the boundaries of in -city Municipal Utility District (MUD) 28. The issue of
whether or not to add smaller parcels to existing Muds because a policy decision for the
City Council because the growth of a Mud can extend the life of a Mud, but at the same
time allows the City to capture ad valorem revenue that otherwise would not be
generated. The property is located at the intersection of Cullen Parkway and Fite Road,
and the intersection of Harkey Road and Magnolia Boulevard. If Council considers to
move forward on this item the next item on the agenda is an amendment to the Utility
Agreement with Mud 28 to allow additional properties into the in -city muds that the City's
$0.15 cents per $100 of the assessed valuation will be reduced to $0.10 cents per $100
of the assessed valuation. '
Page 12 of 14 — 6/26/2017
' Councilmember Perez stated he would like to have some information as to what the City
can do in the future to protect existing land owners that live in a Municipal Utility District
(MUD) thinking at some point their mud taxes are going to go down, only to find out that
five or six million dollars added to their debt rolls and no idea when it will get paid off.
Councilmember Ordeneaux stated he cannot go to the MUD"s and tell them he is going
to get into their business. The MUD is an elected group, it is not my fault the residents do
not know who their MUDS are. It is up to those voters to communicate with their MUD
Board.
City Attorney Darrin Coker stated this is a very difficult situation because on one hand
you have property that may be more challenging to develop if not for the benefit of being
in a MUD, but at the same time it is too small to create a MUD. It is really a policy
decision moving forward. He further stated he can get some additional information and
provide to Council by memo and if it warrants further discussion a workshop can be
scheduled.
Voting "Aye" Councilmembers Moore, Ordeneaux, Little, Perez, Owens, and Carbone.
Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent from the Chambers.
Council Action — Resolution No. R2017-128 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
First Amended Utility Agreement with Brazoria County Municipal Utility District No. 28.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve the Resolution No. R2017-128.
City Manager Clay Pearson reported this is a follow-up item to Municipal Utility District
(MUD) 28's request for consent to annex 28 acres into the MUD's boundaries.
Discussion ensued between Councilmember Moore and City Attorney Darrin Coker
regarding at this time the City does not have the authority to have Municipal Utility
District (MUD) 28 to meet within the Pearland city limits.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, and Moore.
Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent from the Chambers.
Page 13 of 14 — 6/26/2017
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: '
Councilmember Carbone stated he would like to add to a future agenda item to exempt
tree farms from the City's Tree Litigation Ordinance.
Councilmember Moore stated he would like to add a future agenda item to have the
Peadand Journal Newspaper as the City's official newspaper.
Council adjourned into Executive Session under Texas Government Code at 9:03 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 — Consultation with City Attorney — Regarding Texas
Commission on Environmental Quality related issues.
Council returned from Executive Session at 10:46 p.m.
NEW BUSINESS CONTINUED:
Council Action — Regarding Texas Commission on Environmental Quality related
issues. ,
No Council action taken.
ADJOURNMENT:
Meeting was adjourned at 10:47 p.m.
Minutes approved as submitted and/or corrected this the 14th day of August, A.D., 2017.
Tom Reid
Mayor
ATTEST:
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Page 14 of 14 — 6/26/2017