2014-04-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 14, 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 7:35 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Susan Sherrouse
Keith Ordeneaux
Clay Pearson
Young Lorfing
Others in attendance: Clair Bogard Director of Finance; Matt Buchanan President of
Economic Development Corporation; 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; Vance Riley Fire
Chief; Kim Sinistore Executive Director of the Convention/Visitors Bureau; Michelle
Smith Director of Parks and Recreation; Eric Wilson Public Works Director; Sparkle
Anderson Communications Manager; Bob Pearce Purchasing Officer; Cristen Wood
Human Resource Generalist.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
RECOGNITIONS AND AWARDS:
Executive Director of Bay Area Council Boy Scouts of America Chuck Herrera
presented the Golden Eagle Award to Mayor Tom Reid for the Eagle Class Honoree for
2013.
Mayor Reid and City Manager Clay Pearson presented Mark Campise Battalion Chief in
the Fire Department the Full -Time Employee of the Ouarter Award for exemplifying the
Core Beliefs of the City of Pearland.
Mayor Reid and City Manager Clay Pearson presented Shelby Lowe Recreation
Attendant in the Parks and Recreation Department with the Part -Time Employee of the
Ouarter Award for exemplifying the Core Beliefs of the City of Pearland.
CITIZEN COMMENTS:
Kitty Anthony, 3307 Jacquelyn, addressed Council stating she is representing the
subdivision Regency Park. In 2004 the City repaired Barry Rose Road and wanted to
open up Randall Street for a second entrance. The residents came before Council
asking the City not to open Randall Street. The City put a large barrier at the end of
Randall Street. The residents were told the barrier would remain and there would be no
second entrance into their neighborhood. She stated after ten years the City wants to
put in the second entrance. She further stated the subdivision is trying to save the City
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money by not asking for sidewalks. She asked Council to take into consideration that
Regency Park subdivision does not want the second entrance.
Charles Anderson, 3715 Jacquelyn Drive, addressed Council stating the residents of
Regency Park do not want the second entrance. He stated ten years ago the residents
fought against the second entrance. He further stated the residents were promised the
second entrance would never happen.
Larry Marcott, 3606 Inverness Court, addressed Council stating in the Journal
newspaper there is very little information regarding the Charter Election. He does not
think the public knows what the Charter Election is about or how to vote. He believes in
the next few weeks more information needs to get out to the public regarding the
Charter Election. He further stated he would like for the City to look into the concerns he
has regarding the contract the City has for grass mowing.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. Consideration And Possible Action - Approval Of Minutes:
1. Minutes of the March 10, 2014, Regular Meeting, held at 7:30 p.m.
2. Minutes of the March 17,2014, Special Meeting, held at 6:00 p.m.
3. Minutes of the March 24, 2014, Regular Meeting, held at 7:30 p.m.
B. Consideration and Possible Action - Resolution No. R2014-30 -
A resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for concrete raising services with Superior
Grouting Service, Inc. Mr. Eric Wilson, Director of Public Works.
C. Consideration and Possible Action - Resolution No. R2014-31 -
A resolution of the City Council of the City of Pearland, Texas,
renewing a unit price bid for the printing and mailing of water utility bills
with Peregrine Services, Inc. Ms. Claire Bogard, Director of Finance.
D. Consideration and Possible Action - Resolution No. R2014-32 -
A resolution of the City Council of the City of Pearland, Texas,
awarding a bid for the operation and management of the
Independence Park Pool to Greater Houston Pool Management.
Ms. Michelle Smith, Director of Parks Recreation and Beautification.
E. Consideration and Possible Action - Resolution No. R2014-33 -
A resolution of the City Council of the City of Pearland, Texas,
consenting to the annexation of property, generally located in the
vicinity of Hughes Road and Clear Creek, into Harris County Municipal
Utility District No. 509. Mr. Darrin Coker, City Attorney.
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Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through E 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 Reading of Ordinance No. CUP2014-02 — An ordinance of the City Council Of
The City of Pearland, Texas, approving a Conditional Use Permit for certain property,
being legally described as a ten (10) acre tract of land out of 25 acres off the south side
of a tract of land composed of two (2) contiguous parcels known as Tract Number One
Hundred and Eighty (180) out of section twenty seven (27), recorded in Volume 205,
Page 398 and 399, H.T & B.R.R. and Company Survey, in said Brazoria County, Texas
(located approximately 1,200 feet West of Main Street at Dixie Farm Road,
Pearland, Texas), for Conditional Use Permit Application No. CUP 2014-02 to allow for
petroleum product extraction, within the Heavy Industrial (M-2) Zoning District at the
request of Denbury Resources, Inc., Applicant; on behalf of Pat O'Day Estates, 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 Mayor Pro -Tem Hill to
approve Ordinance No. CUP2014-02 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. CUP2014-02.
City Manager Clay Pearson reported Denbury Resources, applicant for Pat O'Day
Estates, owner, is requesting approval of a Conditional Use Permit (CUP) to allow for
the operation of Petroleum Extraction Production within a Heavy Industrial (M-2) zoning
district. The existing M-2 zoning district permits the proposed use, with approval of a
CUP.
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. 2000M-111 — 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,
being 40 acres of land identified as Tract 1 and Tract 2, situated in the H.T & B.R.R
Company Survey, Abstract 547, Volume 2, Page 51 of the records of Brazoria County,
Texas located (North of Bailey Road, between County Road 107 F to the West and
Manvel Road to the East, Pearland, Texas) Zone Change 2014-1Z, a request of
Kevin Cole, applicant; on behalf of Tin Dinh, owner; for approval of a change in zoning
from the Single Family Estate (R -E) and the Suburban Development (S -D) Zoning
Districts to the Single Family Residential 1 (R-1) Zoning District, 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.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman to
approve Ordinance No. 2000M-111 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. Zone Change 2014-1 Z.
City Manager Clay Pearson reported Kevin Cole, applicant on behalf of Tin Dinh, owner
is requesting approval of a change in zoning of two tracts of land totaling approximately
20 acres each for a total of 40 acres, from a Single Family Estate (R -E) and a Suburban
Development (S -D) zoning district to a Single Family Residential 1 (R-1) zoning.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-29 — A 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 0.1869 acres out of a 2.1642 acre tract recorded in the
H.T. & B.R.R. Co. Survey, Abstract 239, Pearland, Brazoria County, Texas, for the
construction and maintenance of water line 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 Carbone to
approve Resolution No. R2014-29.
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City Manager Clay Pearson reported prior to the filing of a condemnation action, the
City Council must approve a resolution, declaring a public necessity, which will be filed
as an attachment to the City's Petition. Auto Zone owns the property but a negotiated
settlement cannot be reached at this time because Auto Zone has not responded to the
City's offer. The City's appraisal values the easement at $18,769. Although the
condemnation Petition will be filed, the City will continue efforts to reach a settlement
with the property owner.
Discussion ensued between Council and the City Attorney Darrin Coker regarding filing
a petition and reaching a settlement with the property owner.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None.
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Meeting was adjourned at 7:59 p.m.
Minutes approved as submitted and/or corrected this the 28th day of April, A.D., 2014.
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Mayor
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