2014-10-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 13, 2014, AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 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; 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 Assistant City Manager;
Michelle Graham Director of Parks and Recreation; Bonita Hall Director of Human Resource
and Safety Management; Lata Krishnarao Director of Community Development; Kim
Sinistore Executive Director of the Convention/Visitors Bureau; Eric Wilson Public Works
Director; Sparkle Anderson Communications Manager; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Carbone, and the Pledge of Allegiance was led
by J.C. Doyle Police Chief.
CALL TO ORDER
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS: None.
PUBLIC HEARING: None
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the September 22, 2014, Regular Meeting, held at 6:30 p.m
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 1507 — An Ordinance of the City Council of the City of Pearland, Texas, finding
that the City has established Guidelines and Criteria for Granting Tax Abatement
pursuant to Resolution No. R2013-14; designating and describing a Reinvestment
Zone (to be known as Reinvestment Zone #26) generally located at the
intersection of McHard Road and SH35, in accordance with the Property
Redevelopment and Tax Abatement Act; finding that the improvements sought are
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feasible and practical and would be a benefit to the land to be included in the zone
and the municipality after the expiration of the Tax Abatement Agreement;
authorizing the City Manager to sign tax abatement agreements when approved by
the City Council; having a savings clause and a severability clause; and an
effective date.
C. Consideration and Possible Action — Resolution No. R2014-120 — 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 engineering services with Dannenbaum
Engineering Corporation, in the amount of $163,034.00 for the Old Townsite
Drainage Study.
D. Consideration and Possible Action — Resolution No. R2014-114 — 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 engineering services with Huitt-Zollars, in
the amount of $98,900.00 for the Public Works Orange Street Service Center
Renovation Project.
E. Consideration and Possible Action — Resolution No. R2014-122 — A Resolution
of the City Council of the City of Pearland, Texas, establishing the Council Meeting
times and dates for 2015.
F. Consideration and Possible Action — Resolution No. R2014-127 — A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for
HVAC/Refrigerator Systems Preventative Maintenance Services to The Lee
Thompson Company in the estimated amount of $94,000 beginning October 15,
2014 through October 14, 2015.
G. Consideration and Possible Action — Resolution No. R2014-124 — A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply bid for
fire apparatus & preventative maintenance and repairs to Siddons-Martin
Emergency Group and Metro Fire Apparatus Specialists in the estimated amount
of $115,000 beginning November 13, 2014 and ending November 12, 2015.
H. Consideration and Possible Action — Resolution No. R2014-125 — A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply bid for
purchase of tires from Pearland Tire and Auto in the estimated amount of $50,000
for the period ending January 31, 2015.
I. Consideration and Possible Action — Resolution No. R2014-126 — A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply bid for
liquid waste and bio -solid waste disposal services with Magna Flow Environmental
and Republic Services in the estimated amount of $500,000 beginning October 15,
2014 through October 14, 2015.
J. Consideration and Possible Action — Resolution No. R2014-128 — A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for construction
services, associated with the internal lining rehabilitation of 3 ground storage water
tanks, to NG Painting, in the amount of $238,001.
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K. Consideration and Possible Action — Resolution No. R2014-92 — A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract for
property acquisition and relocation services with Right -of -Way Solutions, LLC.
Councilmember Carbone 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 K with the exception of item 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 Carbone Consent Agenda item D was removed for further
discussion.
D. Consideration and Possible Action — Resolution No. R2014-114 — 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 engineering services with Huitt-Zollars, in
the amount of $98,900.00 for the Public Works Orange Street Service Center
Renovation Project.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-114.
City Manager Clay Pearson reported the buildings at the Orange Street Service Center date
back to the 1970's and have been only slightly modified and added onto over multiple years.
Staff levels at the Service Center have significantly increased since the last update to this
facility. With plans to relocate the Capital Projects and Engineering departments as well as
Facility Maintenance and Meter Reading to this location, there is a need to renovate and
remodel the office space to improve efficiency, and to provide additional staff parking. Fleet
Maintenance requires remodeling of its office and parts storage area as well as components
of the service bays including the addition of bulk fluids storage area. Upstairs offices in the
Building Maintenance and Parks Maintenance building also require renovation at this time.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
how the Orange Street Service Center renovation relates to the City Hall renovation.
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Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
Second and Final Reading of Ordinance No. 2000M-117 — 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 that portion of Lot 5 of the subdivision of James Hamilton Survey, Abstract
No. 881, a portion lying within Harris County, Texas and the remainder lying within Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 83, Page 34 of the
deed records of Harris County, Texas, located at the southwest corner of Spectrum
Boulevard and State Highway 288, Pearland, TX, Zone Change 2014- 02Z; a request of
Jack Parker, applicant; on behalf of America Modern Green Development (Houston), LLC.,
owner; for approval of a zone change from the Waterlights Planned Development (PD) to the
Ivy District PD, on approximately 48.5 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 Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Ordinance No. 2000M-117 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 Zone Change 2014-02Z.
City Manager Clay Pearson reported this is the Modern Green proposed project that has
been long discussed with changes made, and coming back to Council for approval.
Voting "Aye" Councilmembers Carbone, Ordeneaux, and Hill.
Voting "No" Councilmembers Sherman, and Moore.
Motion Passed 3 to 2.
First Reading of Ordinance No. 2000M-120 — 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 a tract of
land being known as Lot 15 of Darlinda Addition, a subdivision in Brazoria County Texas as
recorded in Volume 7, Page 20 of the plat records of said Brazoria County, and being the
same tract of land as described in deed to Ernesto Perez and Eveyln Pineda under Clerk's
File Number 2006042620 of the real property records of said Brazoria County, Texas located
at 4602 Broadway Street, Pearland, TX, Zone Change 2014-6Z; a request of Evelyn Pineda,
owner/applicant; for approval of a change in zoning from Single Family Residential - 2 (R-2)
to Office and Professional (OP) on approximately 0.21 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.
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Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-120 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change 2014-06Z.
Director of Community Development Lata Krishnarao reported the purpose of the Office and
Professional (OP) zoning district is to permit a wide variety of business, professional and
organizational office needs of the community together with desirable associated uses.
Discussion ensued between Council and Director of Community Development Lata
Krishnarao regarding the parking and type of business at that location.
Voting "Aye" Councilmembers Carbone, Ordeneaux, Moore, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
First Reading of Ordinance No. 2000M-121 — 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 29.331
acres of land located in the H.T. & B.R.R. Company Survey, Section 81, Abstract Number
300, Brazoria County, Texas, being a portion of Lots 38, 39, 40, 49 and 50 of the Allison
Richey Gulf Coast Home Company's Part of Suburban Gardens, a subdivision of record in
Volume 2, Page 98 of the Brazoria County Plat Records, being a portion of Business Center
Planned Development Tract C-4, the plat thereof recorded under Document Number 2013-
033688 in the Official Public Records of Brazoria County Texas, further being the residue of
a 30.583 acre tract (Part One) and the residue of a 9.990 acre tract (Part Two) described in
the deed from Compass Bank to Parkside 59/288 LTD. Recorded under Document No.
2011012491, in the Official Public Records of Brazoria County, Texas, located at the
northwest corner of County Road 59 and State Highway 288, Zone Change 2014-15Z, a
request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Parkside 59/288
LTD, owner; for approval of an amendment to the Business Center PD; on approximately
29.331 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 Moore made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 2000M-121 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change 2014-15Z.
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Director of Community Development Lata Krishnarao reported this is approximately 39 acres
that was zoned as a Planned Development a few years back. The applicant proposes to
amend the Planned Development to allow minor modifications in the allowable land uses and
acreages for various uses, including the addition of a Retail Supercenter.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No 2000M-122 — 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 1.707
acres of land located in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas,
more particularly being all of Lot A and a portion of Lot B, Block 1 of Amending Plat No. 1,
Province Village Drive, Office Park and Reserves, a subdivision of record under Doc #
2008019410 of the Official Public Records of Brazoria County, Texas (B.C.O.P.R.), located
at the southeast corner of Province Village Drive and Pearland Parkway, Zone Change
2014-16Z, a request of LJA Engineering, applicant; on behalf of A S 121 Pearland Parkway -
Broadway Street, L.P., owner; for a change in zoning to amend the Province Village PD, on
approximately 1.707 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 Hill made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 2000M-122 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change 2014-16Z. He further stated the
development will be in compliance with all Corridor Overlay District (COD) standards along
Pearland Parkway, including street trees, ornamental trees, etc. All standards along Province
Village Drive shall follow the General Business (GB) zoning district, unless included within
the Planned Development (PD) as a variation. The sign exhibit included within the Planned
Development (PD) does not comply as it relates to the effective area of the sign. The exhibit
requires modification or removal.
Director of Community Development Lata Krishnarao stated all requirements have been met.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
the installation of a traffic signal at Province Village Drive and Pearland Parkway, and stop
signs at the other end of Province Village Drive and Green Tee.
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Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. CUP 2014-08 — An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit for certain property, being a
2.225 acre (96,940 square feet) tract of land in the H.T. & B.R.R. Co. Survey, Abstract 309,
Brazoria County, Texas, said 2.225 acre tract is in the south one-half of lot 30 of the Allison -
Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision as recorded in
Volume 2, Page 23 of the Brazoria County Map records and is further described as being
part of a tract of land described in a deed conveyed from Garfield Clark, Jr. to Danny L.
Blumrick executed on March10, 1999 as recorded in Clerk's File No. 99 012327 in the
Brazoria County Clerk's and all of a 0.9326 acre tract of land described in a deed conveyed
from Garfield Clark, Jr. to Danny L. Blumrick executed on November 28, 2000 as recorded in
Clerk's File No. 01 034492 in Brazoria County Clerk's Office Brazoria County, Texas; located
at 3030 Cullen Parkway, Pearland, TX; Conditional Use Permit Application No. CUP 2014-
08, to allow for a Church, Temple, or Place of Worship within the Neighborhood Services
(NS) Zoning District at the request of Pirooz Farhoomand, applicant; on behalf of Artisan
Estates, owner; containing a savings clause, a severability clause, an effective date and
other provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. CUP 2014-08 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Conditional Use Permit Application No. CUP 2014-08.
Director of Community Development Lata Krishnarao reported Staff is recommending
approval to allow for a church use to locate on site.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 443-1 — An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 30, Article III, Sewers, of the City of Pearland Code of
Ordinances, for the; having a savings clause, a severability clause, and a repealer clause;
providing for publication, codification, and an effective date.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Ordinance No.443-1 on its First Reading.
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City Manager Clay Pearson reported the City's sewer ordinance prohibits the discharge of
certain wastes into the City's public sanitary sewer system. The proposed amendment allows
such discretion and a more common sense approach when evaluating the potential impact of
local smaller businesses.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1508 - An Ordinance of the City Council of the City of
Pearland, Texas, adopting a Water Conservation and Drought Contingency and Water
Emergency Response Plan for the City of Pearland to promote responsible use of water and
to provide for penalties and/or the disconnection of water service for noncompliance with the
provisions of the Water Conservation and Drought Contingency and Water Emergency
Response Plan.
Mayor Pro -Tem Ordineaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No.1508 on its First Reading.
City Manager Clay Pearson reported the purpose of a Water Conservation Plan is to ensure
efficient water use within the City. The Water Conservation Plan is a strategy or combination
of strategies for reducing the consumption of water, reducing the loss or waste of water,
improving or maintaining the efficiency in the use of water, or increasing recycling and reuse
of water.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Input and Discussion - Update regarding contract with The Goodman Corporation
and the Status of the proposed Pearland Area Park & Ride located along Smith Ranch Road
near Hughes Ranch Road.
Deputy City Manager Jon Branson reported Council will receive input from The Goodman
Corporation Consultant regarding the status of their contract with the City and to receive a
status update on the financial feasibility of the project. After discussion with the Consultant, if
Council would provide direction to staff on how to proceed with the project.
The Goodman Corporation Consultant Barry Goodman gave a status report regarding the
contract with the City, and an update on the financial feasibility of the project.
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Mayor Reid stated he has not heard from many citizens that want a Park and Ride in
Pearland. He is concerned with the cost of this transportation, and the many unanswered
questions.
Councilmember Sherman stated he is uncomfortable with this conversation. The discussion
is how the City is going to negotiate with METRO. He believes these are topics that need to
be discussed in Executive Session.
Assistant City Manager Jon Branson stated he agrees with the specifies of the negotiations,
and an Executive Session can be scheduled. Staff wanted to give Council an update on
where the City stood regarding METRO, and to get direction from Council if they would like
for Staff to move forward with this project.
Councilmember Hill stated if METRO wants to back out of the project then he does not think
the City of Pearland needs to move forward.
Councilmember Carbone stated the City would be spending three million dollars over the
next five years to benefit a thousand people. He has a concern with spending that amount of
money to benefit a small population.
Mayor Pro -Tem Ordeneaux stated the City would be spending money to send the residents
to spend money and pay taxes in the Houston METRO taxing region. He views this as a
METRO issue, and at this point this would not be something good for Pearland.
Councilmember Moore stated he does not think this is the right time for a Park and Ride for
the City or even to have this discussion.
The Goodman Corporation Consultant Barry Goodman stated this meeting was intended to
bring Council up to date. The way the City is growing there is a growing need for alternative
transportation. The way to achieve seamless regional transit is to get on a bus at one region
to get to another region in a cost effective way. He thinks the City should wait and see what
METRO does in terms of responding to Mayor Reid's letter.
Assistant City Manager Jon Branson stated from what he has heard, Council does not want
to take any specific action or direction. The City will wait to see if METRO responds to Mayor
Reid's letter, and have further discussion at another time.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 7:46 p.m.to
discuss the following:
1. Section 551.074 — Personnel Matters — Regarding appointments to
the Boards and Commissions.
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NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:39 p.m.
Council Action - Regarding appointments to the Boards and Commissions.
No Council action taken.
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 8:40 p.m.
Minutes approved as submitted and/or corrected this the 10th day of November, A.D., 2014
ATTEST:
ng Lorf' MC
yy Secr ry
o •
Tom Reid
Mayor
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