2014-05-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 12, 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 7:34 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Assistant City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Susan Sherrouse
Keith Ordeneaux
Mike Hodge
Darrin Coker
Young Lorfing
Others in attendance: Daniel Baum Deputy Fire Chief; Clair Bogard Director of Finance;
Jon Branson Assistant City Manager; Matt Buchanan President of Pearland Economic
Development Cooperation; J.C. Doyle Police Chief; Trent Epperson Director of
Engineering and Capital Projects; Bonita Hall Director of Human Resource and Safety
Management; Lata Krishnarao Director of Community Development; Vance Riley Fire
Chief; Kim Sinistore Executive Director of the Convention/Visitors Bureau; Eric Wilson
Public Works Director; Sparkle Anderson Communications Manager; Skipper Jones
Assistant Director of Capital Projects; Rick Overgaard Assistant Finance Director; Andrea
Brinkley Project Manager.
The invocation was given by Councilmember Sherrouse and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
RECOGNITIONS AND AWARDS:
Mayor Reid presented a proclamation proclaiming the week of May 18-24, 2014 as
"National Public Works Week" to Public Works Director Eric Wilson, Director of
Engineering and Capital Projects Trent Epperson, Project Manager Andrea Brinkley and
President of the Public Works Association Andy Phillips.
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Jimmy Davis, 5004 Colmesneil Street, addressed Council stating he comes with a
proposal for a resolution pertaining to hearings and request for immediate assistance. He
feels if citizens have questions regarding the City's Public Safety division, second
hearings, or when projects are being funded by tax dollars the citizens should be notified
to have their questions answered.
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Lance Foss, 1409 O'Day Road, addressed Council stating his concern regarding the low
turnout for May 10, 2014 election. He stated he wanted to purchase some material to put
in the Library and was told it is done centrally in Brazoria County. He further stated he
agrees with the importance of traffic flow, controls and signals in Pearland.
DOCKETED PUBLIC HEARING:
Mayor Reid called the Public Hearing to order at 7:50 p.m.
PURPOSE OF HEARING: To gather public comment and testimony regarding readoption
of the City's curfew ordinance. Mr. Darrin Coker, City Attorney.
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City Attorney Darrin Coker reported local government code requires cities to review their
juvenile (under the age of 17) curfew ordinances every three years. The process involves
conducting a public hearing to determine whether the ordinance should be abolished,
continued or modified.
Police Chief J.C. Doyle reported the Police Department supports the ordinance which is a
valuable tool for the night shift and enables officers to take police action when
appropriate.
CITIZEN COMMENTS:
Lance Foss, 1409 O'Day Road, addressed Council stating he supports the readoption of
the City's curfew ordinance.
COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT:
Public Hearing was adjourned at 7:55 p.m.
Mayor Reid called the Public Hearing to order at 7:55 p.m.
PURPOSE OF HEARING: To gather public comment and testimony regarding the
abandonment of a portion of the public right-of-way known as Bardet Drive; generally
located north of Fite Road and east of Harkey Road. Mr. Darrin Coker, City Attorney.
STAFF REVIEW:
City Attorney Darrin Coker reported Expre Realty recently submitted a petition requesting
the abandonment of a portion of the 60 foot road right-of-way known as Bardet Drive. The
right-of-way is located north of Fite Road and east of Harkey Road.
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CITIZEN COMMENTS:
Mike Wilson, Wilson Survey Group, stated the petitioner desires to abandon a portion of
the public right-of-way of Bardet Drive adjacent to Lots 4, 5, 6, and 7 in accordance with
the procedures outlined in Ordinance No. 788.
COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT:
Public Hearing was adjourned at 8:00 p.m.
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the April 28, 2014, Regular Meeting, held at 7:30 p.m.
B. Consideration and Possible Action — Excuse the absence of
Councilmember Greg Hill from the Regular Council Meeting held on April
28, 2014. City Council.
C. Consideration and Possible Action — Resolution No. R2014-34 — A
resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a contract for audit
services with Whitney Penn in the amount of $75,300.00.
Ms. Claire Bogard, Director of Finance.
D. Consideration and Possible Action — Resolution No. R2014-44 — A
resolution of the City Council of the City of Pearland, Texas, accepting
the City's Investment Report for the quarter ending March 2014.
Ms. Claire Bogard, Director of Finance.
Mayor Reid asked that Consent Agenda Item C and D be removed from the Consent
Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through D with the exception of item C and D as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
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MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Mayor Reid Consent Agenda Item C was removed for further discussion.
C. Consideration and Possible Action — Resolution No. R2014-34 — A
resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a contract for audit
services with Whitney Penn in the amount of $75,300.00. Ms. Claire
Bogard, Director of Finance.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-34.
Assistant City Manager Mike Hodge reported Staff met with Whitley Penn to go over the
scope of work, timeline preference, as well as programs for the federal single audit. The
firm is committed to meeting the City's timeline for completion and came back with a
proposed cost of $75,300.
Councilmember Carbone stated last Council meeting Resolution No. R2014-34 was
postponed. The Audit Committee met with Whitley Penn and he approves this resolution.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Mayor Reid Consent Agenda Item D was removed for further discussion.
D. Consideration and Possible Action — Resolution No. R2014-44 — A
resolution of the City Council of the City of Pearland, Texas, accepting
the City's Investment Report for the quarter ending March 2014.
Ms. Claire Bogard, Director of Finance.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2014-44.
Mayor Pro -Tem Hill stated he is impressed to see the City is going to do this in-house.
The changes and increases regarding the City's portfolio is good.
Councilmember Carbone thanked Director of Finance Claire Bogard and Assistant
Director of Finance Rick Overgaard for their good work.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
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First Reading of Ordinance No. 1012-2 — An ordinance of the City Council of the City of
Pearland, Texas, establishing a curfew for persons under the age of 17 years, providing
defenses to prosecution for violations hereunder, providing a penalty for violation;
providing for timely review and analysis of said ordinance to determine its effectiveness;
containing a savings clause, a severability clause and a repealer clause; providing an
effective date and for codification, and containing other provisions relating to the subject.
Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux to
approve Ordinance No. 1012-2 on its First Reading.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-112 — 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 all of lots 1 through 40, inclusive in Block 15, all of lots 24 through 29, inclusive in
Block 16 and all of lots 20 through 25, inclusive in Block 14 in the Original Town site of
Pearland as recorded in Volume 29, Page 41 in Brazoria County Deed Records, and a
0.148 acre tract as described in Volume 29, Page 41 in the Brazoria County Deed
Records, and a 0.148 acre tract as described in Volume 1479, Page 559 in Brazoria
County Deed Records, all in the H.T. & B.R.R. Co. Survey, Abstract No. 232 in Brazoria
County, Texas, Called Magnolia Court at Old Town Pearland, located (east and west of
N. Washington Avenue; east and west of N. Texas Avenue; between W. Jasmine Street
to the north and Broadway Street to the south), Zone Change 2014-3Z, a request of Alan
Mueller, applicant; on behalf of David Miller, Gromax Building, LTD, First Christian
Academy, Harvest of Praise Exalted (HOPE), and Barnett's, LTD, owners; for approval of
a change in zoning to amend the Magnolia Court at Old Town Pearland Planned Unit
Development (PUD), 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. Ms. Lata Krishnarao, Director of Community Development.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council to approve the proposed amendments to Ordinance No. 2000M-
112.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman to approve
Ordinance No. 2000M-112 on its First Reading.
Assistant City Manager Mike Hodge reported applicant Alan Mueller, on behalf of multiple
owners is requesting approval of an amendment to the Magnolia Court at Old Town
Pearland Planned Unit Development (PUD). The original PUD was approved on May 12,
2003 and includes approximately 4.048 acres. The purpose of the original PUD was to
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allow for multiple owners within the district for greater flexibility in selling individual tracts.
The PUD identified ten (10) tracts, which allowed for various uses which were primarily
existing uses at the time of the establishment of the PUD.
Alan Mueller, 4201 Broadway, addressed Council stating he concurs with the amendment
and seeks Councils approval.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance NO. 2000M-113 — 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 60 acres (2,613,600 square feet) of land situated in 42 James Hamilton Survey,
Abstract No. 876, being all of lots 39, 39 '/2, 40, 401/2, 41, 41 '/2, 42, 421/2, 55, 55 '/2, 56
and 56 '/2 in Section or Block "F" in the Allison -Richey Gulf Coast Home Co.'s part of
Suburban Gardens Subdivision recorded in Volume 3, page 40 of the map records of
Harris County, Texas, located (South of Beltway 8, north and south of Riley Road, east
and west of Kirby Drive and east of Hooper Road), Zone Change 2014-4Z, a request of
the City of Pearland for approval of a change in zoning to amend the LNR Clear Creek
Spectrum PUD to restrict loading bays and similar activities facing Kirby Drive, within the
approximately 60 acre PUD, on the following described property, 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. Ms. Lata Krishnarao,
Director of Community Development.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council to approve the proposed amendments to Ordinance No. 2000M-
113.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman to
approve Ordinance No. 2000-113 on its First Reading.
Assistant City Manager Mike Hodge reported Staff recommends approval of the change
in zoning to amend the LNR Clear Creek Planned Unit Development (PUD) to clarify the
regulation of loading bays and similar activities along Kirby Drive.
Discussion ensued between Councilmembers regarding the loading bays along Kirby
Drive.
Voting "Aye" Councilmembers Sherman, and Sherrouse.
Voting "No" Councilmembers Carbone, Hill, and Ordeneaux.
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Motion Failed 3 to 2.
Council Action — Resolution No. R2014-45 — A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for construction services, associated with Fire
Station No. 3, to the Crain Group, LLC in the amount of $3,181,376.00, and authorizing
certain increases in expenditures and revenues in the Capital Projects Fund.
Mr. Trent Epperson, Director of Engineering and Capital Projects.
Councilmember Sherrouse made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2014-45.
Assistant City Manager Mike Hodge reported Council is being asked to award a
construction contract to Crain Group, LLC for construction of Fire Station No. 3 in the
amount of $3,181,376. With this amount exceeding the project budget, staff is requesting
an additional amount of $475,000. To be funded by Certificate of Obligation.
Discussion ensued between Council and Crain Group, LLC representative Ray Holliday
regarding the additional amount of funds.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:33 p.m.
Minutes approved as submitted and/or corrected this the 9t" day of June, A.D., 2014.
Tom Reid
Mayor
ATTEST:
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