2014-10-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 27, 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; 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; Skipper Jones Assistant Director of
Capital Projects; Johnna Matthews City Planner; Bob Pearce Purchasing Officer.
The invocation was given by Mayor Pro -Tem Ordeneaux, 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:
Michael Parks, 2309 Paradise Canyon Drive, addressed Council stating as the President of
Brazoria County Municipal Utility District No. 26 there were 211 in attendance at the
Homeowners Association meeting regarding the Park near Shadowcreek Ranch. He stated
67% of the people wanted to provide funds for the water, sewer and drainage portion of the
park, 16% would like to have more information, and 16% was not in agreement. He further
stated if Council has any questions they can contact Maria Shaw with the Shadowcreek
Ranch Homeowners Association regarding the thoughts and needs of the residents.
Pedro Rivera, 1004 Chesterwood Drive, addressed Council asking Pearland to remember
the first Sunday in November as the Remembrance Day for the Victims Killed by Illegal
Aliens. He encourages everyone to share this day with family, friends, and their church. He
asked for prayers for fellow Americans that have lost a loved one killed by an illegal alien that
was in this country illegally.
PUBLIC HEARING: None.
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CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the October 6, 2014, Special Meeting, held at 6:30 p.m.
2. Minutes of the September 29, 2014, Regular Meeting, held at 6:30 p.m
B. Consideration and Possible Action — Second and Final 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.
C. Consideration and Possible Action — Second and Final 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.
D. Consideration and Possible Action — Second and Final 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
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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.
E. Consideration and Possible Action — Second and Final 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.
F. Consideration and Possible Action — Second and Final 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.
G. Consideration and Possible Action — Second and Final 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.
H. Consideration and Possible Action — The reappointment of Jerry Acosta to
Position No. 1, with the term expiring November 1, 2017, Russell Milam to Position
No. 2, with the term expiring November 1, 2018 and Susan C. Dieterich to Position
No. 5, with the term expiring November 1, 2019 on the Building/Fire Code Board of
Adjustments.
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I. Consideration and Possible Action - Ratify the City Manager's reappointment of
Charles McMurrey, to Position No. 2, on the Civil Service Commission for a 3 -year
term expiring November 1, 2017.
J. Consideration and Possible Action - The reappointment of Arlene F. Ford to
Position No. 5, with the term expiring November 1, 2017, Lonzie C. Helms to
Position No. 6, with the term expiring November 1, 2017 and Stephen H. Saboe to
Position No. 7, with the term expiring November 1, 2017 on the Convention and
Visitor's Bureau Advisory Board.
K. Consideration and Possible Action - The reappointment of Bill Sloan to Position
No. 2, with the term expiring November 1, 2016, and Ed Baker to Position No. 4,
with the term expiring November 1, 2016 on the Development Authority of
Pearland Board.
L. Consideration and Possible Action - The reappointment of Ron Bavarian to
Position No. 1, with the term expiring November 1, 2016, and Robert Kettle to
Position No. 3, with the term expiring November 1, 2016 on the Electrical Board.
M. Consideration and Possible Action - The reappointment of George Geiby to
Position No. 1, with the term expiring November 1, 2017, and Geoffrey H. Tonini to
Position No. 4, with the term expiring November 1, 2017 on the Library Board.
N. Consideration and Possible Action - The reappointment of Herbert Fain to
Position No. 3, with the term expiring November 1, 2016, Gary W. Cook to Position
No. 4, with the term expiring November 1, 2016 and Kenneth R. Phillips to Position
No. 5, with the term expiring November 1, 2016 on the Tax Increment
Reinvestment Zone No. 2 Board.
O. Consideration and Possible Action - The reappointment of Dale E. Pillow to
Position No. 1, with the term expiring November 1, 2016, Donald R. Glenn to
Position No. 3, with the term expiring November 1, 2016, Jessica L. Anderson to
Position No. Al, with the term expiring November 1, 2016 and Shannon McAuliffe
to Position No. A3, with the term expiring November 1, 2016 on the Zoning Board
of Adjustments.
P. Consideration and Possible Action - Resolution No. R2014-130 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract for
Construction Management and Inspections services, associated with the SH 35
Water Line Project, to Jacobs Project Management Co., in the amount of
$102,578.00.
Councilmember Carbone asked that Consent Agenda Item P 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 P with the exception of item P as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Page 4 of 8 - 10/27/2014
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Councilmember Carbone Consent Agenda item P was removed for further
discussion.
P. Consideration and Possible Action — Resolution No. R2014-130 — A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract for
Construction Management and Inspections services, associated with the SH 35
Water Line Project, to Jacobs Project Management Co., in the amount of
$102,578.00.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-130.
City Manager Clay Pearson reported the SH35 water line from FM518 to Magnolia project is
a priority in order to provide adequate water supply in the area by completing the 16" line
along SH35 and because it replaces the aging 6" and 8" AC pipe lines along this corridor.
Discussion ensued between Council and Assistant Director of Capital Projects Skipper Jones
regarding fire hydrants being removed due to this water line project.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
First And Only Reading of Ordinance No. 2000M-123 — 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 47.717 acres of land and legally described as being a 47.717 acre tract of land located
in the W.B. Dobson Survey, Abstract -1 87, in Brazoria County, Texas; said 47.717 acre tract
being the remainder of a called 48.35 acre tract recorded in the name of Bruno Bagnoli in
Volume 339, Page 319, of the Brazoria County Deed Records (B.C.D.R.), Brazoria County,
Texas, Brazoria County, Texas located at the northeast corner of Brookside Road (future
McHard Road) and Cullen Parkway, Zone Change 2014-10-Z, a request of James Johnson,
Lake Park Pearland, Ltd., applicant; on behalf of James Johnson, FYCW, Ltd, owner; for
approval of a change in zoning from Single Family Estate District (RE) to a mixed- use
Planned Development (PD) known as Pearland's Lake Park; on approximately 47 acres of
land, providing for an amendment of the zoning district map; containing a savings clause,
declaring an emergency, 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-123 on its First and Only Reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change 2014-1 OZ.
Director of Community Development Lata Krishnarao reported the subject property includes
approximately 47 acres of land, of which the applicant is proposing a mixed-use Planned
Development (PD) known as Pearland's Lake Park. It will include a 375 -unit residential
product, as well as non-residential uses along the perimeter of the subject property fronting
Cullen Parkway and Brookside Road. The overlay zoning districts for the development are
Townhouse Residential District (TH), for the residential units and General Business (GB) and
Office and Professional (OP) zoning districts. Pearland's Lake Park Planned Development
will be constructed in three (3) phases. Staff recommends approval of the request to rezone
the approximately 47 acres to Pearland's Lake Park Planned Development (PD), subject to
conditions.
Lake Park Pearland, Ltd. Developer James Johnson clarified his understanding of the
conditions and comments.
Discussion ensued between Council and Director of Community Development Lata
Krishnarao regarding condition number one, Development Standards.
Voting "Aye" Councilmembers Carbone, Ordeneaux, Moore, and Hill.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
Council Action — Resolution No. R2014-129 — A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for construction services, associated with the McHard
Road Drainage at Country Place Project, to AR Turnkee Construction Company, in the
amount of $301,374.00.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-129.
City Manager Clay Pearson reported Council is being asked to award a bid for construction
services, associated with the McHard Road Drainage at Country Place Project, to AR
Turnkee Construction Company in the amount of $301,375.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-131 — A Resolution of the City Council of the City
of Pearland, Texas, awarding a unit supply contract for water fittings and related parts to
MDN Enterprises and HD Waterworks in the estimated amount of $448,940.00 beginning
October 28, 2014 through October 27, 2015.
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Councilmember Moore made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2014-131.
City Manager Clay Pearson reported City Council approved a bid award in October, 2013, for
the purchases of water fittings and related parts, pursuant to the specifications of Bid #0813-
81, to three companies. HD supply Waterworks, Ferguson Waterworks, and MDN
Enterprises. At this year's first renewal period, awarded vendors requested price increases
exceeding the allowable Consumer Price Index (CPI) change, and it was necessary to re -bid
the contract.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Appointments to the Parks, Recreation & Beautification Board for Position
No. 3, Position No. 4, and Position No. 6.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
appoint Bethany Earl to Position No. 3 with a term expiring November 1, 2017, Cheryl
Weaver to Position No. 4 to unexpired term expiring November 1, 2016 and Valerie Marvin to
Position No. 6 with a term expiring November 1, 2017 on the Parks, Recreation and
Beautification Board.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Input and Discussion — Regarding the Policy background and the Utility Impact
Fees for new connections as partial offset to cover infrastructure expansion costs.
City Manager Clay Pearson reported Council asked Staff to provide detailed information
regarding the basis, purpose, history, mechanics, and economics of Water and Wastewater
Impact Fees.
Assistant City Manager Trent Epperson gave an overview of the Water and Wastewater
Impact Fees in Pearland.
Council thanked Staff for providing the detailed information regarding impact fees.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
newer developers, size of development, and size of water meter.
Councilmember Hill asked if- there is anyway the City can do something to accommodate
small business development if the impact fees are an issue.
Mayor Pro -Tem Ordeneaux stated if the City lowers the impact fees for small businesses that
will open the door for the chain businesses. He does not see that there is an easy solution.
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Councilmember Carbone stated it is frustrating, there has got to be another option. It seems
like the City is punishing the small business.
Assistant City Manager Trent Epperson stated he is not aware of another option after looking
at impact fees in Texas and working with the consultants. The impact fees are not there to
punish, they are there only to pay a portion of that additional impact on the City's
Infrastructure so the City is able to build and have the capacity for a business to expand.
City Attorney Darrin Coker stated in the past the City has attempted a pay plan for impact
fees. A new business itself is a risky venture, and as a result, the City has had many people
default on their payment plan. The only way the City can protect itself is to have a letter of
credit or a form of security which a new business probably does not have, and that is why
they default on the payment plan. He further stated the City would need to draft a policy
stating when the City would authorize a payment plan. Once the policy is drafted only the
ones that fit into that criteria would qualify to be put on a payment plan.
Councilmember Hill stated he is glad Council and Staff had this discussion, but is there a
resolution, is Council going to look at a modified payment plan or is Council going to look at
this again.
City Manager Clay Pearson stated after hearing the requests from Council, Staff will look at
this again and will bring it back to Council in December 2014.
OTHER BUSINESS: None
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 7:57 p.m.
Minutes approved as submitted and/or corrected this the 24th day of November, A.D., 2014.
Tom Reid
Mayor
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