2014-06-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 9, 2014, AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Pro -Tem Ordeneaux called the meeting to order at 6:30 p.m. with the following
present:
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Mayor Tom Reid.
Keith Ordeneaux
Tony Carbone
Scott Sherman
Gary Moore
Greg Hill
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Claire 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; Kim Sinistore Executive Director of the
Convention/Visitors Bureau; Sparkle Anderson Communications Manager; Bob Pearce
Purchasing Officer; Joel Hardy Grants Coordinator; Rosalyn Epting Assistant Director of
Parks and Recreation; John Knight Information Technology Manager; Michael Leech
Assistant Director of Public Works.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance was
led by Darrin Coker City Attorney.
RECOGNITIONS AND AWARDS
Pearland Pets representative presented a check from the Wags to Riches Fund Raising
Gala that took place on Friday, March 28, 2014 to the City of Pearland Animal Shelter
accepted by Shari Coleman Animal Control Manager and Jon Branson Assistant City
Manager.
CITIZEN COMMENTS:
Lance Foss, 1409 O'Day Road, addressed Council stating he feels it would be useful to
the citizens to acknowledge and/or make a comment on the City's new website regarding
information they have read on the website. He stated for the first time he drove through
Sugar Land and is thankful he lives in Pearland. He further stated he would like to see
entrepreneurs with a tangible product be able to utilize vacant parking lots in Pearland to
set up and sell their products.
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CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the May 19, 2014, Joint Public Hearing, held at 6:30 p.m.
2. Minutes of the May 12, 2014, Regular Meeting, held, at 7:30 p.m.
3. Minutes of the May 19, 2014, Regular Meeting, held, at 7:30 p.m.
4. Minutes of the May 19, 2014, Special Meeting, held, at 6:00 p.m. .
B. Consideration and Possible Action — Second and Final 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.
C. Consideration and Possible Action — Resolution No. R2014-56 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for the purchase of pipe, fittings and fire hydrants from HD Supply
Waterworks in the amount of $66,852.96 for the East Orange Street
Waterline Upgrade Project. Mr. Eric Wilson, Director of Public Works.
D. Consideration and Possible Action — Resolution No. R2014-54 — A
Resolution of the City Council of the City of Pearland, Texas, renewing a
bid for custodial services with A & A Cleaning Services in the amount of
$69,720.00 annually. Ms. Michelle Graham, Director of Parks and
Recreation.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through D as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-114 — 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 16.871 acres of land situated in the H.T. & B.R.R. Co. Survey, Abstract 542, and
identified as Lot 1, Block 1, Associated Industrial Park, Brazoria County, Texas, located
(East side of Main Street and south of Mchard Road; 1603 N. Main Street, Pearland,
Texas), Zone Change 2013-18Z, a request of Gerald Koza, owner/applicant, for approval
of a change in zoning from GC, General Commercial to M-1, Light Industrial on
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approximately 16.871 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. Ms. Lata Krishnarao, Director of Community
Development.
Councilmember Sherman made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 2000M-114 on its First Reading.
Mayor Pro -Tem Ordeneaux read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Zone Change 2013-18Z.
City Manager Clay Pearson reported the proposed zoning map amendment implements
the policies of the adopted Comprehensive Plan, including the land use classification of
the property on the Future Land Use Map and any incorporated sector plan maps.
Council is being asked to consider the change in zoning from GC, General Commercial to
M-1, Light Industrial on the approximately 16.87 1 acre site.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-115 — 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 24.154 acres of land located within three (3) tracts originally identified as Tract 1
(now proposed as Tract C); Tract 2 (now proposed as Tract B); and Tract 3 (now
proposed as Tract A) and legally described as Tract A: A 5.176 -acre tract in the W.D.C.
Hall Survey, Abstract No. 23, Harris County, Texas. Said 5.176 -acres is in a 5.732 -acre
tract described in a deed to TEXPROJ2008, L.L.C., as recorded in Clerk's File No.
20070659409 in the Harris County Clerk's Office; Tract B: A 13.361 -acre tract in the
Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas. Said 13.361 -acres
is in a 21.898- acre tract described in a deed to TEXPROJ2008, L.L.C. as recorded in
Clerk's File No. 2007062105 in the Brazoria County Clerk's Office; and Tract C: A 5.617 -
acre tract in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas.
Said 5.617- acres is in a 9.805 -acre tract described in a deed to TEXPROJ2008, LLC, as
recorded in Clerk's File No. 2007062105 in the Brazoria County Clerk's Office; situated in
the W.D.C. Hall Survey, Abstract No. 23; the Thomas J. Green Survey, Abstract No. 198;
and the Thomas J. Green Survey, Abstract No. 198, respectively; Brazoria County and
Harris County, Texas (located at the northeast of the intersection of Broadway Street and
Pearland Parkway and west of Country Club Drive, Pearland, TX), Zone Change 2014-
5Z, a request of Alan Mueller, applicant; on behalf of Texproj2008, LLC, owner; for
approval of an amendment to three (3) tracts identified as Tracts A, B and C located
within the Province Village Planned Unit Development (PUD) to allow for single family
homes, on approximately 24.154 acres of land, providing for an amendment of the zoning
district map; containing a savings clause, a severability clause, and an effective date and
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other provisions related to the subject. Ms. Lata Krishnarao, Director of Community
Development.
Councilmember Moore made the motion, seconded by Councilmember Sherman to
approve Ordinance No. 2000M-115 on its First Reading.
Mayor Pro -Tem Ordeneaux read into the record the Planning & Zoning Commission's
recommendation to forward to Council for approval of Zone Change 2014-5Z.
City Manager Clay Pearson reported Council is being asked to consider the change in
zoning to amend the Province Village Planned Unit Development (PUD) to decrease
Office Professional uses by 5.6 acres, remove 87 town homes/condom iniums and 27
garden homes, and add 95 single-family residential.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1499 — An Ordinance of the City Council of the City of
Pearland, Texas extending traffic rules and regulations to certain private roads owned
and maintained by the Lakes at Highland Glen Community Association and contained
within the Lakes at Highland Glen Subdivision; providing for enforcement; providing for
penalties and fines; providing for administration; providing for conflicts with other laws;
providing for severability; providing for an effective date. Mr. Darrin Coker, City Attorney.
Councilmember Hill made the motion, seconded by Councilmember Sherman to approve
Ordinance No. 1499 on its First Reading.
City Attorney Darrin Coker reported the neighborhood Property Owners Association
recently petitioned the City seeking the authorization for the enforcement of traffic laws in
accordance with Section 542.008. The proposed ordinance would allow for traffic
enforcement to occur once all of the correct traffic signage has been installed at the
expense of the POA, but no sooner than July 1, 2014.
The President of the Property Owner Association of Lakes at Highland Glen stated the
growth of Lakes of Highland Glen and the disregard of stop signs leaves the Association
no choice but to petition the City seeking the authorization for enforcement of traffic laws
before there is a fatal accident.
Discussion ensued between Council and City Attorney Darrin Coker regarding speed limit
signs at 30 miles per hour and the issuance of traffic citations.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
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First Reading of Ordinance No. 1026-3 — An Ordinance of the City Council of the City
of Pearland, Texas, amending Chapter 29, Article XVI, Truck Traffic, of the City of
Pearland Code of Ordinances, as it may have been, from time to time amended, providing
for enforcement and penalties, and containing other matters relating to the subject;
providing a penalty for violation; having a savings clause, a repealer clause, a severability
clause; providing for codification, publication and an effective date. Mr. Darrin Coker, City
Attorney.
Councilmember Carbone made the motion, seconded by Councilmember Sherman to
approve Ordinance No. 1026-3 on its First Reading.
City Attorney Darrin Coker reported Staff has been working with the Police department on
proposed amendments to the City's truck route ordinance. The changes will bring the
ordinance into compliance by using terminology that is currently in the Transportation
Code. The most notable change is the addition of Dixie Farm Road, from north city limits
to State Highway 35 as a new truck route.
Discussion ensued between Council and Police Chief J.C. Doyle regarding alternate
locations, traffic, and the design of Dixie Farm Road constructed for heavy loads.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-58 — A Resolution of the City Council of the
City of Pearland, Texas, approving the U. S. Department of Housing and Urban
Development Community Development Block Grant Program Projects for program year
2014 and fiscal year 2015. Mr. Joel Hardy, Grants Coordinator.
Councilmember Sherman made the motion, seconded by Councilmember Hill to approve
Resolution No. R2014-58.
City Manager Clay Pearson reported Council is being asked to approve these projects
presented herein to be included in the Community Development Block Grant Program for
program year 2014 and fiscal year 2015.
Discussion ensued between Council, Grants Coordinator Joel Hardy and Representative
with MKP Consulting Margaret Purser regarding other cities involved with housing
rehabilitation and a Community Development Advisory Board.
Voting "Aye" Councilmembers Hill, and Ordeneaux.
Voting "No" Councilmembers Carbone, Sherman, and Moore.
Motion Failed 3 to 2.
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Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux to
reconsider New Business Item No. 5, R2014-58.
Councilmember Sherman stated the reason he would like to reconsider this Item is
because Staff has put a lot of work into this program, and he is in favor of this program.
His vote was based on the fact that Pearland Neighborhood Center was not present and
he hopes they will attend a meeting in the future. He further stated he did not want his
vote to be the one that kills the program and that is why he asked that it be reconsidered
at this time.
Voting "Aye" Councilmembers Sherman, Hill, and Ordeneaux.
Voting "No" Councilmembers Carbone, and Moore.
Motion Passed 3 to 2.
Council Action — Resolution No. R2014-53 — A Resolution of the City Council of the
City of Pearland, Texas, adopting City Council Rules and Order of Business ("Rules") as
guidelines for the organization and governance of the City Council. Mr. Darrin Coker,
City Attorney.
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-53.
City Attorney Darrin Coker reported 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.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-55 — A Resolution of the City Council of the
City of Pearland, Texas, renewing, a unit supply bid for electric and Supervisory Control
And Data Acquisition (SCADA) services to Boyer, Inc. in the estimated amount of
$515,000 annually. Mr. Eric Wilson, Director of Public Works.
Councilmember Hill made the motion, seconded by Councilmember Sherman to approve
Resolution No. R2014-55.
City Manager Clay Pearson reported Council is being asked to award a bid for provision
of electrical and Supervisory Control and Data Acquisition (SCADA) services to Boyer Inc.
of Houston, Texas.
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Assistant City Manager Jon Branson stated he would like to clarify that this is not a
renewal. It was bid out separately. The company that is being recommended was bought
out by another company. They were the low bidder on this item so this is a new award.
Discussion ensued between Council and the representative with Boyer Inc. regarding the
quality of work.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-57 — A Resolution of the City Council of the
City of Pearland, Texas, awarding a unit price bid for the purchase of motor fuel from
Houston -Pasadena Apache Oil in an estimated amount of $1,163,000 annually.
Mr. Eric Wilson, Director of Public Works.
Councilmember Carbone made the motion, seconded by Councilmember Sherman to
approve Resolution No. R2014-57.
City Manager Clay Pearson reported Council is being asked to award a bid for motor fuel
supply to Houston -Pasadena Apache Oil with pricing margins above the Oil Price
Information Service (OPIS) daily average.
Voting "Aye" Councilmembers Carbone, Sherman, Moore, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 5 to 0.
Discussion — Regarding Council Policy Development Debt Structure — Tax Backed
Obligations. Ms. Claire Bogard, Director of Finance.
City Manager Clay Pearson reported the City is ready to proceed with its FY2014 debt
issuances as planned for the City's 2013-2014 fiscal year. Based upon City Council
direction at the June 9th Council meeting, if the City Council is ready, staff will begin
processing to issue the new debt as well as refund and restructure the $69.5 million in
existing debt, watching the interest rate environment which is currently favorable. Also,
Council direction will greatly assist the staff with preparing and presenting the FY2015
budget and forecast for the City's Debt Service Fund, to be filed with City Council the end
of July. Current projections, in line with last year's multi-year forecast predict $0.01 in
separate tax rate increase for operations and maintenance for City services.
Director of Finance Claire Bogard expounded on the Debt Service Structures.
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Bosc, Inc. Representative John Robuck gave a presentation of the Overview of Debt
Service Structures and Financing Options.
Discussion ensued between Council and Bosc, Inc. Representative John Robuck, City
Manager Clay Pearson, and Director of Finance Claire Bogard regarding Rate Analysis,
Tax Rate, and Dept.
Director of Finance Claire Bogard asked Council for input on how Staff needs to proceed.
Mayor Pro -Tem Ordeneaux stated he would like to see the City restructure and go with
the 20 year Level Principal.
Councilmember Carbone stated he is in favor of the City going with the 20 year Level
Principal, but not restructure.
Councilmember Moore stated he is also in favor of the City going with the 20 year Level
Principal, but not restructure.
Councilmember Hill stated from a common sense standpoint if your debt service is lower
you will have more money. He would like to see the City go with the 20 year Level
Principal and restructure.
Councilmember Sherman stated he would like to see the City go with the 20 year Level
Principal and restructure.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 8:23 p.m.to
discuss the following:
1. SECTION 551.074 - PERSONNEL MATTERS — Discussion with City
Manager regarding personnel matters. City Council.
NEW BUSINESS CONTINED:
Council returned from Executive Session at 9:07 p.m.
COUNCIL ACTION — Regarding personnel matters. City Council.
No Council action taken.
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ADJOURNMENT
Meeting was adjourned at 9:07 p.m.
Minutes approved as submitted and/or corrected this the 23rd day of June, A.D., 2014.
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Tom Reid
Mayor
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