2015-01-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 12, 2015, 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
City Attorney Darin Coker
City Secretary Young Lorfing
Others in attendance: Claire Bogard Director of Finance; Matt Buchanan President of Pearland
Economic Development Cooperation; J.C. Doyle Police Chief; Trent Epperson Assistant City
Manager; Bonita Hall Director of Human Resource and Safety Management; Lata Kdshnarao
Director of Community Development; Eric Wilson Public Works Director; Sparkle Anderson
Communications Manager; Skipper Jones Assistant Director of Capital Projects; John
McCarter Management Assistant.
The invocation was given by Councilmember Carbone, 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
Lance Foss, 1409 O'Day Road #57, addressed Council stating in the past he enjoyed hearing
each Councilmember speak on functions they attended. He further stated when there is a first
and only reading of an Ordinance on the Agenda he would like the reason of only one reading
to be stated on the Agenda so it can be part of the permeant record. He commended City Staff
for doing a great job on the City's Policies and Procedures. He would like to be able to get
more information regarding the Voting Centers. He stated he appreciates the good job the
Pearland Police Department is doing.
PUBLIC HEARING — None
CONSENT AGENDA:
A. Consideration And Possible Action—Approval Of Minutes:
1. Minutes of the December 8, 2014, Regular Meeting, held at 6:30 p.m.
2. Minutes of the December 15, 2014, Public Hearing, held at 6:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 2000M-128 — 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
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the purpose of changing the classification of certain real property, being 1.749 acres
(currently 0.9 acres due to right-of-way dedication, etc.) acres of land being a certain
parcel of ground together with all the buildings and improvements being a portion of
No. 2 Southern Trails Commercial No. 1, H.T. and B.R.R Company Survey, Section '
84, A-538, City of Pearland, Brazoda County, Texas (generally located on the
south side of Broadway Street, between Windward Bay Drive to the west and
Kinglsey Drive to the east), Zone Change 2014.20Z; a request of BGE Kerry R.
Gilbert and Associates, applicant; on behalf of CL Ashton Woods, LP., owner; for
approval of a change in zoning to amend the Southern Trails Planned Development
(PD), from an overlay zoning district which allows for Civic/Church uses to General
Business (GB) uses, with restrictions on permitted uses; on approximately 0.9 acres
of land of the total 522.62 acres, 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, 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 — Resolution No. R2015-7 — A Resolution of
the City Council of the City of Pearland, Texas, awarding a bid for the purchase of
Fire Department Uniforms from Galls, LLC, in the estimated amount of $77,450.00,
for the period of January 13, 2015 through January 12, 2016.
D. Consideration and Possible Action — Resolution No. R2015-6 — A Resolution of
the City Council of the City of Pearland, Texas, renewing a bid for the operation and
management of the Independence Park Pool with Greater Houston Pool ,
Management, Inc., in the estimated amount of $62,108.00, for the period of May 25,
2015 through August 23, 2015.
E. Consideration and Possible Action — Resolution No. R2015-5 — A Resolution of
the City Council of the City of Peadand, Texas, renewing a unit supply bid for the
purchase of firearm ammunition for the Police Department, with Baileys House of
Guns in the estimated amount of $62,255.20, for the period of January 14, 2015
through January 13, 2016.
Mayor Reid stated Staff has requested that Consent Agenda Item B to be pulled and placed on
a future agenda.
Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through E with the exception of item B as presented on the Consent
Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill
Voting "No" None.
Motion Passed 5 to 0.
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MATTERS REMOVED FROM CONSENT AGENDA
As requested by Staff Consent Agenda Item B was pulled, and will be placed on a future
' agenda.
NEW BUSINESS:
First Reading of Ordinance No. CUP 2014-09 — An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a
Nursing/Convalescent Home, for certain property, being a 9.4083 tract of land located in the
H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract
being all of a called 3.39 acre tract of land recorded in the name of George D. and Mary
Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria County
(O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3 acres) recorded in
the name of George D. and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C.
and the remainder of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of
George D. and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C, with
ownership being conveyed to new owners, now being Global XYZ Development, (located on
the west side of Business Center Drive, north of County Road 59; and west of State
Highway 288), Conditional Use Permit Application No 2014-09, within the BP 288 zoning
district; at the request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of George
Fishman, owner; 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. CUP 2014-09 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 2014-09.
City Manager Clay Pearson reported Council is being asked for approval to allow for a
Nursing/Convalescent Home on approximately 4.3 acres of a total 9.4 acre site.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1509 — An Ordinance of the City Council of the City of
Pearland, Texas, extending the city limits of the City of Pearland, Texas, to include all land
area within certain limits and boundaries and annexing to the City of Pearland all of the area
within such limits and boundaries (generally located on the west side of CR48, west of the
Southern Trails Subdivision and south of Broadway Street); approving a service plan for
all of the area within such limits and boundaries; containing other provisions related to
' the subject; and providing a savings and severability clause.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1509 on its First Reading.
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City Manager Clay Pearson reported Council is being asked for approval of the proposed
annexation.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. I Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-129 — 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 32.3 acres
of land out of called 14.0513 acres of land, said 14.135 being The East one half (1/2) of the
Southeast Quarter (SE %) of the Northeast Quarter (NE '/4) of Section 84, H.T.& B.R.R.
Survey, Abstract No. 538, Brazoria County, Texas and being the same land conveyed to B.
Frank Wood by Jay C. Tulk by Deed dated April 11, 1955, Recorded in Volume 627, Page 278,
Deed Records, Brazoria County, Texas and; The West one half (1/2) of the Southeast Quarter
(SE Y,) of the Northeast Quarter (NE Y<) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538,
called Tract No. 8, Brazoria County, Texas according to the recorded map or plat therof
appearing of record in the office of the County Clerk of Galveston County, Texas and being the
same land described from J.T. McMahan to R. D. McMahan, dated October 27, 1964,
recorded in Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that
same 20 acres more or less, conveyed to John T. McMahan by R.D. McMahan and wife,
Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003,
recorded under Brazoria County Clerks File No. 03 015336, and; A 2.72 acre tract, being the
remainder of two (2) 1.5 acre tracts, recorded in Volume (87) 403, Page 70 [Tract 1] and
Volume (87) 403, Page 73 [Tract 2], of the Official Records of Brazoria County, Texas, out of
the North % of the East % of the Southeast'/, of the Northeast''/. of section 84, of the H.T.& B.
Railroad Company Survey, Abstract 538, Brazoria County, Texas, located West of County
Road 48 and 2000 feet south of Broadway Street, Zone Change 2014-21Z, a request of
Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John McMahan, owners; for
approval of a zoning designation of Single Family Residential - 1 (R-1) on approximately 32.3
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 Sherman, to approve
Ordinance No. 2000M-129 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 2014-21Z.
City Manager Clay Pearson reported Council is being asked to consider the change in zoning
to amend the zoning of approximately 32.3 acres located West of County Road 48 and 2000
feet south of Broadway Street.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. I Voting "No" None.
Motion Passed 5 to 0.
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Council Action - Resolution No. R2015-15 - A Resolution of the City Council of the City of
Pearland, Texas, consenting to the annexation of property, generally located in the vicinity of
Hughes Road at Clear Creek and Manvel Road west of the West Lea Subdivision, into Harris
' County Municipal Utility District No. 509.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-15.
City Manager Clay Pearson reported Council is being asked for approval of the annexation of
property, generally located in the vicinity of Hughes Road at Clear Creek and Manvel Road
west of the West Lea Subdivision, into Hams County Municipal Utility District No. 509.
Voting "Aye' Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. 2015-4 - A Resolution of the City Council of the City of
Pearland, Texas, Declaring Intention to Reimburse Project Expenditures from Proceeds of
Future Tax -Exempt Permanent Improvement Bonds, Certificates of Obligation, and
Water/Sewer Revenue Bonds.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve
' Resolution No. R2015-4.
City Manager Clay Pearson reported the fiscal year 2015 adopted budget includes funding
appropriation for capital projects to be financed or partially financed through the issuance of
debt. In order to be reimbursed from future bond proceeds, City Council must adopt a
resolution declaring the City's intention to be reimbursed from future bond proceeds.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R20153 - A Resolution of the City Council of the City of
Pearland, Texas, declaring intention to reimburse project expenditures from future capital lease
proceeds or from other financing sources.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-3.
City Manager Clay Pearson reported departments are implementing their 2015 operating
' budgets and planning for their purchases. As the purchases will most likely occur before the
financing is in place, in order to be reimbursed from future proceeds for expenditures that
occur prior to the financing, the City must approve a notice of intent for reimbursement from
future proceeds.
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Discussion ensued between Council and City Manager Clay Pearson clarifying that the funds
will be used to purchase a Sewer Vacuum Truck and the Enterprise Resource Management
System. '
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2015-9 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing an Advanced Funding Agreement with the State of Texas for the
Smith Ranch Road Project.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2015-9.
City Manager Clay Pearson reported Council is being asked for approval of the Advanced
Funding Agreement with the Texas Department of Transporation (TxDOT) for the Design,
Right -of -Way Acquisition, and Construction of the Smith Ranch Road Project.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0. ,
Council Action - Resolution No. R2015-8 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract amendment for engineering services, in the amount of
$234,000.00, with CDM Smith, Inc. for design services associated with the Reflection Bay
Water Reclamation Facility Expansion Project.
Councilmember Moore made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R2015-8.
City Manager Clay Pearson reported Council is being asked for approval of Contract
Amendment No. 1 to the Engineering Services contract with CDM Smith, Inc. for the Reflection
Bay Water Reclamation Facility formerly (Far Northwest Wastewater Treatment Plant)
Expansion project in the amount of $234,000.00.
Councilmember Sherman thanked Staff for taking quick action on this situation. He further
stated the residents in that area will be greatly appreciative of any odor control that this will
provide.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None. '
Motion Passed 5 to 0.
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OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 6:50 p.m.to
' discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 — Regarding Consultations with Attorney - Regarding the
City's disposition of certain extraterritorial jurisdiction property.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 7:20 p.m.
No Council Action taken.
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 7:21 p.m.
Minutes approved as submitted and/or corrected this the 9' day of February, A.D., 2015.
Tom Reid
Mayor
ATTEST:
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