2014-12-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 8, 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 Tom Reid
Mayor Pro -Tem Keith Ordeneaux
Councilmember Tony Carbone
Councilmember Scott Sherman
Councilmember Gary Moore
Councilmember Greg Hill
City Manager Clay Pearson
Deputy City Attorney Nghiem Doan
City Secretary Young Lorfing
Others in attendance: Clair Bogard Director of Finance; Jon Branson Deputy City Manager;
Matt Buchanan President of Pearland Economic Development Cooperation; Trent Epperson
Assistant City Manager; Michelle Graham Director of Parks and Recreation; Bonita Hall
Director of Human Resource and Safety Management; Richard Mancilla Interim Deputy
Director/City Engineer; 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; Bob Pearce Purchasing Officer; Johnny Spires
Assistant Police Chief; Joel Hardy Grants Coordinator; John McCarter Management
Assistant.
' The invocation was given by Councilmember Moore and the Pledge of Allegiance was led
Assistant Police Chief Johnny Spires.
CALL TO ORDER
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Daniel Combs, 301 E. House Street, representing Alvin Independent School District
addressed Council thanking the Mayor, Councilmembers and the City of Peadand for the
incredible partnership. He further stated many times when Alvin ISD has a need regarding the
students, the growth of Alvin, or the schools, the Pearland support is always there. Alvin ISD
appreciates the support and looks forward to a continued partnership.
Cheryl Hams, 301 E. House Street, President of the Alvin Independent School District Board
of Trustees addressed Council stating after a six month search Alvin ISD is pleased to
announce Dr. James "Buck" Gilcrease as the new Alvin ISD Superintendent, Dr. Gilcrease will
take office on January 5, 2015. She further stated Alvin ISD, and Dr. Gilcrease appreciates
' the City of Pearland's partnership and looks forward to a continued partnership with the City.
Lance Foss, 1409 O'Day Road, addressed Council stating concerns he has regarding New
Business item number 4 and number 6 on tonight's Agenda. He further stated regarding the
"Hire Pearland Only" Incentive is great. This encourages Pearland businesses to hire
Pearland residents. After some research he found this to be a program with the Pearland
Page 1 of 8-1218/2014
Chamber of Commerce where employers provide a link to their website to hire people to fill
vacant positions. Not necessarily people that live in Pearland.
PUBLIC HEARING — None '
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the November 10, 2014, Regular Meeting, held at 6:30 p.m.
2. Minutes of the November 17, 2014, Special Meeting, held at 7:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 2000M-126 — An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of Peadand, Texas,
for the purpose of changing the classification of certain real property, being 26.524
acres of land located in the Thomas J.GreenSurvey, Abstract No. 198, Brazoria
County, Texas, more particularly being a portion of the residue of that certain
called 140.6899 acre tract conveyed to Martha Alexander Crouch by instrument of
record in Volume 1595, Page 422 of the Deed Records of said Brazoria County
(B.C.D.R.) and a portion of the residue of that certain called 172.0566 acre tract
conveyed to Robert L. Alexander by instrument of record in Volume 1725, Page
193 (B.C.D.R.), Brazoria County, Texas (generally located at the southeast
corner of Pearland Pkwy. and Barry Rose Rd., Pearland, Texas), Zone
Change 2014-11Z;a request of Salim Obeid, LJA Engineering, applicant; on behalf
of Robert Lee Alexander, owner; by his attorney A.G.Crouch; for approval of a '
change in zoning from Office Professional (OP), General Business (GB) and Single
Family Residential 2 (R2) to a non-residential Planned Development (PD) known
as Pearland Marketplace on approximately 26.5 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.
C. Consideration and Possible Action — Excuse the absence of Councilmember
Greg Hill from the Regular Council Meeting held on November 24, 2014.
D. Consideration and Possible Action — Resolution No. R2014-151 — A Resolution
of the City Council of the City of Pearland, Texas, conveying an easement to
CenterPoint Energy for utility service at the Shadow Creek Ranch Sports Complex.
E. Consideration and Possible Action — Resolution No. R2014-154 — A Resolution
of the City Council of the City of Pearland, Texas, supporting Brazoria County's
applications to the Houston -Galveston Area Council for inclusion in the 2015-2018
Transportation Improvement Plan.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
adopt Consent Agenda Items A through E as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. '
Voting "No" None.
Motion Passed 5 to 0.
Page 2 of 8 —12/812014
NEW BUSINESS:
' First Reading of Ordinance No. 2000M-127 - 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 1.385
acres of land out of called 14.0513 acres of land, said 14.135 being all of Lots 9 and 12 and
Part of Lot 7 of partition of the East '% of Northwest % of Section 15, HT&B RR Co. Survey,
A-241, Brazoria County, Texas and being the South 183.60 feet of Lot 8, and a portion of Lot
7 out of a called 14.0513 acre tract being all of Lots 9 and 12 and Part of Lot 7 of partition of
the East Y: of Northwest Y. of Section 15, HT&B RR Co. Survey, A-241, Brazoria County,
Texas. According to the Plat recorded in Vol. 441, Page 265 of the Deed Records of Brazoria
County, Texas, (located at 6906 Broadway Street), Zone Change 2014-19Z, a request of
Chad Thuman, applicant; on behalf of Wayne Thuman, owner; for approval of a change in
zoning from the General Commercial (GC) and General Business (GB) zoning districts to the
General Business (GB) and Single Family - 1 (R-1) zoning districts; on approximately 2.734
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 Councilmember Carbone, to
approve Ordinance No. 2000M-127on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change 2014-19Z.
' City Manager Clay Pearson reported the subject property includes approximately 2.743 acres
of land, of which the applicant is requesting a change in zoning from the General Commercial
(GC) and General Business (GB) zoning districts to the General Business (GB) and Single
Family Residential — (R-1) zoning districts.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-148 — A Resolution of the City Council of the City of
Pearland, Texas, adopting an Impact Fee Deferred Payment Policy.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2014-148.
City Manager Clay Pearson reported following the City Council's recent discussion on this
topic, Staff met to develop narrowly tailored options for a payment plan as well as possible
changes to the Service Unit Equivalent Table in our existing ordinance.
' Councilmember Hill thanked Staff for working on this and bringing it back to Council. He
stated the concerns are for the small businesses in Pearland that may not be able to expand
because of the impact fees. He further stated he has a concern with the Proposed Payment
Plan Criteria. He feels the City should allow all businesses that qualify for the payment plan
be allowed to, and not just the businesses outside of a strip center.
Page 3 of 8 —121812014
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
the meter issues, the Certificate of Occupancy, and the 5% compounded interest charged on
the balance of Impact fees. '
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2014-158 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into an Amended
Interlocal Agreement with Brazoria County Municipal Utility District No. 26 ("District")
extending the term for the District's use of a portion of the Shadow Creek Ranch Sports
Complex property for temporary muni -use athletic fields.
Councilmember Moore made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2014-158.
City Manager Clay Pearson reported one year ago the City of Pearland and Brazoria County
Municipal Utility District No. 26 entered into a one year agreement that would allow the MUD
to use 4 acres of the City's park property to construct temporary recreational improvements
and mu0i-use athletic fields. Any improvements constructed by the MUD are required to be
approved by the Director of Parks and Recreation. The subject property is not planned for ,
development during the next four years, so the MUD has asked the City to extend the term of
the agreement until December 2018.
Discussion ensued between Council and City Manager Clay Pearson regarding the reason for
the extension.
Councilmember Sherman stated he wished a Municipal Utility District No. 26 representative
was present to discuss the plans for that property.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
First Reading of Ordinance No. 1506-1 - An Ordinance of the City Council of the City of
Pearland, Texas, Amending Ordinance No. 1506, the 2014-2015 annual budget Ordinance, by;
authorizing the City Manager or his designee to take all actions necessary to facilitate the
changes identified herein without further approval of City Council; providing a savings clause, a
severability clause, a repealer clause, and an effective date.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve I Ordinance No. 1506-1 on its First Reading.
Page 4 of 8 -12/8/2014
City Manager Clay Pearson reported Council is being asked for approval of an Ordinance
' amending Ordinance No. 1506, the 2014-2015 Annual Budget Ordinance, by authorizing the
City Manager or his designee to take all actions necessary to facilitate the changes identified
herein without further approval of City Council.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-150 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for construction services, associated with the SH35 Water
Line Project to Reddico Construction Company in the amount of $1,767,071.75.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2014-150.
City Manager Clay Pearson reported the SH35 water line from FM 518 to John Lizer Road is
part of the 2013-2017 CIP Program. The project generally includes 6,800 linear feet of 16 -inch
water line with connections to existing service lines along SH35. The purpose of the new line
is to distribute water from the Alice Street Water Plant, which receives water through the 30"
. interconnect from the City of Houston. It will also connect newly installed 16" water lines to the
north and south.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding if
the City should have any concerns with this project.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-157 — A Resolution of the City Council of the City of
Pearland, Texas, adopting a State Legislative Agenda for the 84'" Session of the Texas
Legislature.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2014-157.
City Manager Clay Pearson reported this item provides a City Legislative Agenda for the
upcoming state legislative session. The agenda will be provided to the City's representatives
' in the state legislature. It will be used to communicate the legislative issues to our citizens,
and will be utilized during Pearland Day and Brazoria County Day in Austin to articulate the
City's positions and priorities.
Page 5 of 8 —12/8/2014
Council thanked Staff for their time, and State Representative Ed Thompson for being a great
advocate for the City of Pearland at the State level. '
Mayor Reid thanked Carol Artz-Bucek, President and CEO of the Pearland Chamber of
Commerce for her attendance and taking the leadership role in the Pearland Day in Austin,
Texas.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-155 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into a contract with
Lineberger, Goggan, Blair, & Sampson, LLP for collection services associated with delinquent
fines and fees, and a contract with Perdue, Brandon, Fielders, Collins and Mott, LLP for
collection services associated with delinquent property taxes.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-155 as amended.
City Manager Clay Pearson reported Council is being asked to enter into a contract with '
Lineberger, Goggan, Blair and Sampson, LLP for collection services associated with
delinquent fines and fees, and a contract with Perdue, Brandon, Fielders, Collins and Mott,
LLP for collection services associated with delinquent property taxes.
Councilmember Hill stated it appears Municipal Court made the recommendation because the
management scored the quantity and proficiency of Linebarger's staffing levels on Court
accounts higher than those of Perdue and McCreary. He further stated if you look at quantity
as the main issue that would be a reason to go with Perdue and McCreary. He would like to
hear from Perdue if they are able to work with the City's new system.
City Manager Clay Pearson stated the reference to quantity is not the quantity of clients, but
the quantity of the volume of collections.
Mayor Pro -Tem Ordeneaux stated he is going to go with Staffs recommendation. City Staff
are the ones that deal with the company's day to day.
Councilmember Sherman stated he agrees with Mayor Pro -Tem Ordeneaux, and will go with
Staffs recommendation.
Councilmember Carbone stated he has questions regarding the Scofflaw Program. It
concerns him that the City has used one company for many years and have not participated I in the Scofflaw Program.
Page 6 of 8 —1218/2014
Municipal Court Administrator Jennifer Huhn stated the previous Administrator of Linebarger,
' Goggan, Blair and Sampson, LLP did not participate in the Scofflaw Program.
Mike Darlow Representative for Perdue, Brandon, Fielders, Collins and Mott, LLP stated once
this program is up and running the plan is to reach out to Cities to see if they would like to
participate in a local agreement to do the Scofflaw Program. He further stated Perdue,
Brandon, Fielders, Collins and Mott, LLP work with over 80 City's that use the Incode
Collection Program. It would not be a problem working with Incode Collection or converting
data.
Richard Hill Representative for Linebarger, Goggan, Blair and Sampson, LLP stated they are
capable and do provide Scofflaw Representation to other clients. The data that is required for
Scofflaw is data revaluate to debtors that have delinquent citations pending in the City of
Pearland. Linebarger, Goggan, Blair and Sampson, LLP is capable of doing the Scofflaw
Program for the City of Pearland
Councilmember Carbone made a motion to amend the motion, seconded by Councilmember
Hill to award the delinquent fines and fees, and the delinquent property tax collection
contracts to Perdue, Brandon, Fielders, Collins and Mott, LLP.
Discussion ensued between Councilmembers regarding the reasoning for awarding both
contracts to Perdue, Brandon, Fielders, Collins and Mott, LLP.
' Voting "Aye" Councilmembers Carbone, Moore, and Hill.
Voting "No" Councilmembers Sherman and Ordeneaux.
Motion Passed 3 to 2.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Hill, Moore, and Carbone.
Voting "No" Councilmembers Ordeneaux and Sherman.
Motion Passed 3 to 2.
OTHER BUSINESS: None.
MAYOR/COUNCIL ISSUES: None.
Page 7 of 8 -12/8/2014
ADJOURNMENT
Meeting was adjourned at 7:27 p.m. '
Minutes approved as submitted and/or corrected this the 12'^ day of January, A.D., 2015.
dl�Yrt��
Tom Reid
Mayor
ATTEST:
QFJJ!!allo'.
ng Loft , TRMC
i
Se cr �'
r`
1
Page 8 of 8 -12/812014