2014-05-19 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 19, 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 8:20 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Keith Ordeneaux
Tony Carbone
Scott Sherman
Gary Moore
Greg Hill
Clay Pearson
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; Roland Garcia Fire Marshal; Michelle Graham Director
of Parks and Recreation; Bonita Hall Director of Human Resource and Safety
Management; Mike Hodge Assistant City Manager; Lata Krishnarao Director of
Community Development; Kim Sinistore Executive Director of the Convention/Visitors
Bureau; Eric Wilson Public Works Director; Sparkle Anderson Communications Manager;
Joyce Hawkins Emergency Management Planner; Assistant Emergency Medical Services
Chief Kelly Sears; Emergency Medical Services Office Supervisor Raquel Garza; Letitia
Farnie Honorable Municipal Court Judge.
The invocation was given by Councilmember Hill 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 25th — May 31St 2014
as "Hurricane Preparedness Week" to Fire Marshal/Emergency Management Coordinator
Roland Garcia and Emergency Management Planner Joyce Hawkins.
Mayor Reid presented a proclamation proclaiming the week of May 18th — May 24th 2014
as "Emergency Medical Services Week" to Deputy Fire Chief Daniel Baum, Assistant
Emergency Medical Services Chief Kelly Sears, and Emergency Medical Services Office
Supervisor Raquel Garza.
CITIZEN COMMENTS:
Dale Pillow, 2246 N. Washington Avenue, addressed Council thanking them for their
support of the amendments the Charter Review Commission presented to you. She gave
a short overview of the blueprint and strategies to make the greater Houston area a more
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literate area. She asked to have a picture taken of the Mayor and Councilmembers so she
can post it on Facebook for everyone to see that Pearland City Council believe in literacy.
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the April 21, 2014, Joint Public Hearing, held at 6:30 p.m.
B. Consideration and Possible Action — Second and Final 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.
C. Consideration and Possible Action — Second and Final 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.
D. Consideration and Possible Action — Resolution No. R2014-50 — A
resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement
with League City for cooperative purchasing authority, and authorizing a
unit supply contract with Teamwork Construction for sidewalk
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construction services in the estimated amount of $200,000.00 in each,
FY2014 and FY2015. Mr. Eric Wilson, Director of Public Works.
E. Consideration and Possible Action — Resolution No. R2014-43 — A
resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement
with the National Intergovernmental Purchasing Alliance for cooperative
purchasing. Mr. Bob Pearce, Purchasing Officer.
Councilmember Hill asked that Consent Agenda Item C be removed from the Consent
Agenda for further discussion.
Mayor Pro -Tem Ordeneaux asked that Consent Agenda Item 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 E with the exception of item C and D as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Hill Consent Agenda Item C was removed for further
discussion.
C. Consideration and Possible Action — Second and Final 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
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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.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve the Second and Final Reading of Ordinance No. 2000M-112.
City Manager Clay Pearson reported the 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 applicant proposes to amend all tracts
within the PUD, with exception of Tracts 5, 8 and 9 which were designated for parking
and will continue to be used for parking. The purpose of the amendment is to convert the
allowable uses within the PUD to be consistent with allowable uses within the Old Town -
General Business (OT -GB) zoning district, with minor deviations.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
the allowable uses and parking.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Mayor Pro -Tem Ordeneaux Consent Agenda Item D was removed for
further discussion.
D. Consideration and Possible Action — Resolution No. R2014-50 — A
resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement
with League City for cooperative purchasing authority, and authorizing a
unit supply contract with Teamwork Construction for sidewalk
construction services in the estimated amount of $200,000.00 in each,
FY2014 and FY2015. Mr. Eric Wilson, Director of Public Works.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-50.
City Manager Clay Pearson reported the Public Works Department has requested to
utilize a current City of League City contract for sidewalk construction services. The City
of Pearland currently has a contract with Brooks Concrete for the service; however,
Brooks Concrete has been unable to keep pace with the City's sidewalk installation
volume requirements. This is at least somewhat attributable to Brooks Concrete's
apparent inability to hire and retain enough qualified, knowledgeable personnel to provide
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the amount of service requested. The Public Works Department has reviewed the
specifications and awarded bid pricing of the League City bid, and Purchasing staff has
determined the contract to be eligible for our participation in procuring the needed
sidewalk construction services. The current League City contract runs through January
31, 2015, with no available renewal option.
Discussion ensued between Council and Public Works Director Eric Wilson regarding
moving forward with the sidewalk installation.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
Council Action — First Reading of Ordinance No. 1498 — An ordinance of the City
Council of the City of Pearland, Texas, abandoning a portion of Bardet Drive, a certain
sixty foot (60') road right-of-way recorded in the plat records of Brazoria County, Texas,
within the corporate city limits of Pearland, Brazoria County, Texas; having a savings
clause and a severability clause; and providing for an effective date. Mr. Darrin Coker,
City Attorney.
Councilmember Sherman made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 1498 on its First Reading.
City Manager Clay Pearson reported the abandonment will allow Expre to relocate the
previously platted turn around easement so a new cul-de-sac can be platted and new lots
formed.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-47— A resolution of the City Council of the City
of Pearland, Texas, awarding a bid for landscape maintenance services to Maldonado
Nursery Landscaping, Inc., in the amount of $500,390.00. Ms. Michelle Graham, Director
of Parks Recreation and Beautification.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman to
approve Resolution No. R2014-47.
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City Manager Clay Pearson reported Council is being asked to award a bid for landscape
maintenance services to Maldonado Nursery and Landscaping, Inc. in the amount of
$500,390.
Councilmember Hill stated he appreciates the presents of a representative with
Maldonado Nursery and Landscaping, Inc. He further stated he appreciates staff making
reference checks on the company's to be able to make the right decision on a bid award.
Discussion ensued between Council and the Maldonado Nursery representative
regarding the contract.
Discussion ensued between Council and Director of Parks and Recreation Michelle
Graham regarding mowing of easements.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-48 — A resolution of the City Council of the City
of Pearland, Texas, rejecting all competitive sealed proposals for the Sports Complex at
Shadow Creek Ranch, Bid No. 2014-18. Mr. Trent Epperson, Director of Engineering and
Capital Projects
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014 -48 -
City Manager Clay Pearson reported a rejection of the bids and the repackaging and
rebidding of the project is consistent with the goal of obtaining the best value and most
competitive pricing for improvements for the City.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the time line and funds.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-52 — A resolution of the City Council of the City
of Pearland, Texas, establishing the regular meeting times and dates for the remainder of
2014. Mr. Young Lorfing, City Secretary.
Councilmember Hill made the motion, seconded by Councilmember Carbone to approve
Resolution No. R2014-52.
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City Manager Clay Pearson reported in order to clarify and give advance notice of
meetings to Council and the public this resolution will establish Council's Calendar for
2014 including start times.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Discussion — Regarding City Council Rules and Order of Business. Mr. Darrin Coker,
City Attorney.
City Manager Clay Pearson reported the Council was previously provided a draft copy of
the proposed City Council Rules and Order of Business in the May 1St Thursday packet.
The vast majority of the information contained in the Rules already exists in multiple
locations. The purpose of the Rules is to consolidate the information into one location to
serve as centrally located guidelines for the manner of conducting business. It is
anticipated that the Rules would need to be amended periodically to address changing
circumstances. Staff anticipates scheduling this item for Council consideration at the June
9, 2014 regular meeting.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 9:53 p.m.
1. SECTION 551.087 - Regarding consultations with City Attorney —
Regarding Economic Development negotiations. Mr. Matt Buchanan,
President Economic Development Corporation.
2. SECTION 551.072 — REAL PROPERTY: discussion regarding the
sale,lease, purchase, or exchange of real property — City Facilities.
Mr. Mike Hodge, Assistant City Manager.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:38 p.m.
Council Action — Resolution No. R2014-49 — 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 with MHI Compressor International Corporation and MHI
Compressor Manufacturing, LLC. Mr. Matt Buchanan, President Economic Development
Corporation.
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Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-49.
City Manager Clay Pearson reported he is looking forward to this project in the lower
Kirby District and working with Staff and the President of Economic Development
Corporation Matt Buchanan.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-51 — A resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into a Cost
Sharing/Reimbursement Agreement with the Pearland Economic Development
Corporation associated with the Hooper Road Project. Mr. Matt Buchanan, President
Economic Development Corporation.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-51.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — regarding the sale, lease, purchase, or exchange of real property — City
Facilities. City Council.
No Council action taken.
OTHER BUSINESS: None
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ADJOURNMENT
Meeting was adjourned at 10:40 p.m.
Minutes approved as submitted and/or corrected this the 9th day of A.D., 2014.
Tom Reid
Mayor
ATTEST:
Young Lo g, TR
City Secr ry
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