2014-11-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 10, 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: Clair Bogard Director of Finance; Jon Branson Assistant City Manager;
Richard Mancilla Interim Deputy Director/City Engineer; 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; Vance Riley Fire Chief; Kim Sinistore Executive Director of the
Convention/Visitors Bureau; Eric Wilson Public Works Director; Sparkle Anderson
Communications Manager; Rick Overgaard Assistant Finance Director; Bob Pearce
Purchasing Officer.
The invocation was given by the Pastor of New Harvest Christian Fellowship Church Keith
Anderson and the Pledge of Allegiance was led by Police Chief J.C. Doyle.
CALL TO ORDER
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Carol Artz-Bucek, President/CEO of the Pearland Chamber of Commerce, 6117 Broadway,
addressed Council stating that Leadership Pearland is a program of the Pearland Chamber
of Commerce organized in 1999. She stated past Councilmember Larry Marcott was in the
first Leadership Pearland class in 1999. This is a great program not only for the Chamber of
Commerce, but for the Community. It allows people to become volunteers for the City,
County and other Organizations.
Graduates of Leadership Pearland Class of 2014-2015 introduced themselves. Fay Watson,
Keep Pearland Beautiful; Preston Philips, Amegy Bank; Seth Thompson, ALCM, Inc.; Jacob
Williamson, Frost Bank; Mark Smith, The Law Office of Mark Smith, PLLC; Jim Johnson,
Pearland Chamber of Commerce; Kevin Murphy Triad Retail Construction; Marylyn Harris,
Harrland Healthcare; Donna Coneley, Memorial Hermann; Brian Castille, Cobb, Fendley &
Associates, Inc.; Clay Herndon, Freese and Nichols, Inc.; Rodney Porter, Kelsey Seybold
Clinic; Wendy Del Bello, Alvin Community College.
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Larry Marcott, 3606 Inverness Court, addressed Council stating he has a concern with the
street lights on Pearland Parkway. The lights stay out for a long period of time before they
are replaced. He further stated the City is wasting money for a service they are paying for,
but not receiving. He feels something needs to be done.
PUBLIC HEARING: None
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the October 13, 2014, Regular Meeting, held at 6:30 p.m.
B. Consideration and Possible Action — Resolution No. R2014-139 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid for
construction services, associated with the Hawk Road and Hillhouse Road
Sanitary Sewer Project, to AR Turnkee Construction Company, Inc., in the amount
of $221,160.
C. Consideration and Possible Action — Resolution No. R2014-134 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
wastewater polymer supply contract to Fort Bend Services in the estimated amount
of $150,000 beginning November 15, 2014 through November 14, 2015.
D. Consideration and Possible Action — Resolution No. R2014-135 — A
Resolution of the City Council of the City of Pearland, Texas, renewing a service
contract for larger water meter testing with Southern Flowmeter, Inc. in the
estimated amount of $78,000 beginning November 12, 2014 through November
11, 2015.
E. Consideration and Possible Action — Resolution No. R2014-141 — 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 Houston -
Galveston Area Council (H -GAC) for participation in the DWI Task Force Grant
Program.
F. Consideration and Possible Action — Resolution No. R2014-140 — A
Resolution of the City Council of the City of Pearland, Texas, changing the Regular
Meeting times and dates for December 2014, due to the holiday season.
G. Consideration and Possible Action of — Resolution No. R2014-132 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing the City
Manager or his designee to renew a Software Maintenance Contract with Sungard
HTE/OSSI for estimated cost of $242,663.84 for the period of October 1, 2014
through September 30, 2015.
Councilmember Carbone asked that Consent Agenda Item G 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 G with the exception of item G as presented on the
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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 G was removed for further
discussion.
G. Consideration and Possible Action of — Resolution No. R2014-132 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing the City
Manager or his designee to renew a Software Maintenance Contract with Sungard
HTE/OSSI for estimated cost of $242,663.84 for the period of October 1, 2014
through September 30, 2015.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-132.
City Manager Clay Pearson reported Council is being asked for approval to renew SunGard
H.T.E./OSSI software maintenance for $242,663.84 for the period of October 1, 2014 through
September 30, 2015.
Discussion ensued between Council and City Manager Clay Pearson regarding the renewal
of the contract and a copy of the contract was not included in the Agenda Packet.
City Attorney Darrin Coker stated this is renewing an existing contract and the upgrades that
come with it.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
postpone approving Resolution No. R2014-132 until Council can review the contract.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Vlll. NEW BUSINESS:
Council Action — Resolution No. R2014-123 — A Resolution of Appreciation for
Councilmember Susan Sherrouse to recognize her contributions and service as
Councilmember Pos. 3.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-123.
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Mayor Reid presented Resolution No. R2014-123 of Appreciation to past Councilmember
Susan Sherrouse to recognize her contributions and service as a Councilmember.
Past Councilmember Sherrouse stated she feels blessed to have been a Councilmember to
give of her time and talent. She further stated she learned a lot about the City, and thanked
everyone for the opportunity to serve the City of Pearland.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-124 — 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 Tract No.
26 of Westchester Estates, according to the Jack C. McKnight Survey thereof dated April 6,
1962, a partition in the H.T. & B. Railroad Survey, Abstract 242, Brazoria County, Texas,
located at 2701 Westchester Circle, Zone Change 2014-17Z, a request of Sergio Guzman,
owner/applicant; for approval of a change in zoning from Single Family Residential -1 (R-1) to
General Business (GB) on approximately 0.90 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.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-124 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 2014-17Z.
City Manager Clay Pearson reported Council is being asked to consider the change in zoning
to amend the zoning of an approximately 0.90 acres located at the southwest corner of
Broadway Street and Westchester Circle, commonly known as 2701 Westchester Circle.
Director of Community Development Lata Krishnarao gave an overview of the
owner/applicant's request for a zone change.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-125 — 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 3.850
acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 564, Brazoria County, Texas.
Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest Christian Fellowship Subdivision
as recorded in Clerk's File No. 2010052506 in the Brazoria County Official Public Records,
Brazoria County, Texas, located at 12216 Broadway Street, Zone Change 2014-18Z, a
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request of Arnold A. Patterson, applicant; on behalf of Pearland New Harvest Christian
Fellowship, Inc. owner; for approval of a change in zoning from the Single Family Residential
— 1 (R-1) zoning district to the General Business (GB) zoning district, on approximately 3.850
acres of land; 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 Carbone, to approve
Ordinance No. 2000M-125 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for denial of Zone Change 2014-18Z.
Stephen Daalling, 1882 Broadway Street, addressed Council stating he and his family
recently relocated to Pearland, Texas, and started attending New Harvest Christian
Fellowship Church. He asked Council to approve the zone change so the church can expand
to meet the needs of the community.
Kevin Naquin, 13107 Split Creek Lane, addressed Council stating he supports the petition for
approval of the zone change so the church can continue to grow. He stated the mission of
New Harvest Christian Fellowship Church is to reach out to the community, and to serve
Pearland.
Doug Kirkman, 2923 Laurel Brook Lane, addressed Council stating he recently retired from
the military, and lives in Pearland. He stated New Harvest Church is trying to enhance the
quality of the community. He would appreciate Council's approval of the zone change so the
church can continue to grow and bless the community.
Keith Anderson, 4026 Wingtail Way, addressed Council stating as the Pastor of New Harvest
Christian Fellowship Church they would like the opportunity to grow their church. Everything
the church has tried to do is to enhance Pearland. The Mission Statement is "Changing Lives
through Christ One Success at a Time". A couple of weeks ago Council suggested the zone
change of Neighborhood Services (NS), New Harvest Church sought Council, and would be
willing to do that. He stated the church is asking Council to consider who they are, what they
have done for the City, and how the church can better the Community.
Arnold Patterson, 17103 Loblouy Bay Court, addressed Council stating he would like to
share the vision God has given the people of New Harvest Church. To build a new church
that will serve the needs of the community. The sanctuary seats one hundred people, and
last weekend there were three hundred and fifty people that attended the services. The land
being zoned residential is worthless to the people as a church. By re -zoning the property to
General Business or Neighborhood Services it will allow the church to sell the property and
build a larger facility to serve the needs of the community.
Michael Stoeru, 2201 Grand Shore Court, addressed Council stating as a member of New
Harvest Church we want to improve the community. New Harvest Church is a benefit to the
community because it teaches Christian biblical values. This country needs strong churches
that can change lives, build values in our youth, and people, so they will become valued
citizens.
Janet Matura, 12017 Cedar Creek, addressed Council stating New Harvest Church wants to
bring something of value to the community, not something that would harm the community.
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She would appreciate Council giving New Harvest Church consideration.
Gary Galgas, 2308 Diamond Springs Drive, addressed Council stating one of the benefits of
rezoning the property will hopefully generate revenue. The way the property is zoned at this
time is useless. He stated he is asking Council to consider the fact that it will bring revenue
into the City, and improve everything New Harvest Church is trying to do. Please consider
the zone change.
Roland Falgoust, 12208 Willow Brook Lane, addressed Council stating many residents
bought houses in the area of New Harvest Church because it was zoned residential. The
residents knew there would be a church or homes built in that area. If the zoning is changed
to General Business it could bring in a number of businesses that could degrade property
values, cause noise and light pollution, and possible crime.
Karen Easter, 12501 Broadway #16110, addressed Council stating she loves the fact there
are more businesses coming into that area. She further stated if a larger church is allowed to
be built it will provide more services to the community.
Mayor Reid stated the challenge is what type of zone change that piece of property should
be changed to so a quality development can be built in that location.
City Manager Clay Pearson reported that this is a land use and re -zoning decision. A
decision stems from the Future Land Use Plan that was created for the City of Pearland.
Director of Community Development Lata Krishnarao gave an overview of the zone request.
Discussion ensued between Council and City Attorney Darrin Coker regarding the type of
zone change the property should be re -zoned to, and the process if this motion fails or is
postponed.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to amend the
motion from a General Business (GB) zoning district to a Neighborhood Services (NS) zoning
district.
City Attorney Darrin Coker stated there will need to be three votes to amend the motion.
Mayor Reid called for the vote to amend the motion.
Voting "Aye" Councilmembers Carbone, and Hill.
Voting "No" Councilmembers Sherman, Ordeneaux, and Moore.
Motion Failed 3 to 2.
City Attorney Darrin Coker stated the amended motion will require four votes to be approved.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Moore, and Hill.
Voting "No" Councilmembers Sherman, and Ordeneaux.
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Motion Failed 3 to 2.
Mayor Reid called a recess at 8:22 p.m.
Mayor Reid called the meeting to order at 8:35 p.m.
Council Action — Resolution No. R2014-133 — A Resolution of the City Council of the
City of Pearland, Texas, approving the issuance of $8,060,000. Development Authority of
Pearland Tax Increment Contract Revenue Bonds, Series 2014; approving a bond
resolution, a private placement letter, and other documents relating to the bonds; making
certain findings and containing other provisions related thereto.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2014-133.
City Manager Clay Pearson reported Council is being asked for approval of the issuance of
Development Authority of Pearland Tax Increment Contract Revenue Bonds, Series 2014;
approving a Bond Resolution, a Private Placement Letter and other documents relating to the
Bonds.
BOSC, Inc. Representative John Robuck and Andrews Kurth, LLP Bond Council Rick Witte
gave a power point overview of the Tax Increment Contract Revenue Bonds, Series 2014.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-138 — 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 Brazoria County Municipal Utility District No. 26 and Brazoria-Fort Bend
Municipal Utility District No. 1 ("Districts") for the construction of public water, sewer and
drainage facilities to serve the City's Shadow Creek Ranch Regional Sports Park.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2014-138.
City Manager Clay Pearson reported after conducting public meetings, the Districts are
moving forward with their bond packages that include approximately $1.3 million in
water/sewer/drainage improvements to serve the Park.
Discussion ensued between Council, City Manager Clay Pearson, and City Attorney Darrin
Coker regarding this Resolution is paving the way for the Municipal Utility Districts to move
forward with their applications. It does not bind the City to anything.
Councilmember Sherman stated this is a City Park and believes the City should be supplying
all the funds. He further stated it is not the fault of the Municipal Utility District residents the
economy went down and Past Councilmembers decided not to move forward with this
project.
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City Attorney Darrin Coker stated before the Texas Commission on Environmental Quality
(TCEQ) approves any additional funds, they need to see that there is a relationship between
the City and the Municipal Utility Districts. Resolution No. R2014-138 establishes this
relationship. Once TCEQ gives their approval, the MUD will give the funds to the City and the
City will build those improvements.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
Council Action — Resolution No. R2014-137 — A Resolution of the City Council of the City
of Pearland, Texas, authorizing the Pearland Economic Development Corporation to enter
into a contract for professional services, associated with the 288 Corridor Master
Improvements Plan, with Clark Condon Associates in the estimated amount of $250,000.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2014-137.
City Manager Clay Pearson reported Council is being asked for approval of the Pearland
Economic Development Corporation expenditure for Professional Services for engineering
and landscaping with Clark Condon Associates for the implementation of the 288 Corridor
Master Improvement Plan.
President of Pearland Economic Development Corporation Matt Buchanan gave an overview
of the Professional Services of the 288 Corridor Master Improvement Plan.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-136 — A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into a Tax
Abatement Agreement with Keystone Engineering Group, Inc. and Pearland Building III for
improvements to be constructed near the intersection of McHard Road and SH 35.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-136.
City Manager Clay Pearson reported Council is being asked for approval to execute the tax
abatement agreement with Keystone Engineering Group, Inc. and Pearland Building III.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
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First Reading of Ordinance No. 220-11 — An Ordinance of the City Council of the City of
Pearland, Texas, amending Article 2, Rates and Charges, of Chapter 30, Utilities, of the City
of Pearland Code of Ordinances, as it may have been, from time to time, amended, relating
to water and sewer extensions, pro rata charges, and other charges established on certain
properties in the vicinity of Hawk Road and Cullen Parkway; providing a penalty for violation;
having a savings clause, a severability clause, and a repealer clause; providing for
codification, publication and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 220-11 on its First Reading.
City Manager Clay Pearson reported Council is being asked for approval regarding the
creation for a Pro -Rata fee in the amount of $788.17/Equivalent Single Family Connection
(ESFC) to the public sanitary sewer at the intersection of Hawk Road and Hillhouse Road
that is to be constructed by the City.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:18 p.m.to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.087 - Regarding Consultations With City Attorney —
Regarding Economic Development Negotiations.
2. Section 551.074 — Personnel Matters — Regarding appointments to
the Boards and Commissions.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:04 p.m.
Council Action — Regarding Economic Development Negotiations.
Councilmember Moore made a motion, seconded by Councilmember Sherman to authorize
Pearland Economic Development Corporation to provide an incentive for Prospect Number
1408 in an amount not to exceed $300,000.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
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Motion Passed 5 to 0.
Council Action — Regarding appointments to the Boards and Commissions.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Sherman, to
appoint Mona Chavarria to Position No. 4 with a term expiring November 1, 2016 to serve on
the Pearland Economic Development Board of Directors.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Carbone, to
reappoint Brandon Dansby to Position No. 2 with a term expiring November 1, 2016 to serve
on the Pearland Economic Development Board of Directors.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Carbone, to
appoint Jeff Barry to Position No. 6 with a term expiring November 1, 2016 to serve on the
Pearland Economic Development Board of Directors.
Voting "Aye" Councilmembers Hill, Moore, and Carbone.
Voting "No" Councilmembers Ordeneaux and Sherman.
Motion Passed 3 to 2.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Moore, to appoint
Thomas Duncan to Position No. 2 with a term expiring November 1, 2017 to serve on the
Planning and Zoning Commission.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Carbone, to
reappoint Daniel Tunstall to Position No. 7 with a term expiring November 1, 2017 to serve
on the Planning and Zoning Commission.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
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Motion Passed 5 to 0.
MAYOR/COUNCIL ISSUES
Mayor Reid stated the Assistant City Manager will take care of the concerns of Larry Marcott
regarding the street lights on Pearland Parkway.
ADJOURNMENT
Meeting was adjourned at 10:09 p.m.
Minutes approved as submitted and/or corrected this the 8th day of December, A.D., 2014.
ATTEST:
)." T-a'j
Tom eid
Mayor
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