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2015-01-26 CITY COUNCIL REGULAR MEETING MINUTES7 J MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 26, 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 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 Damn Coker Young Lorfing Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager; Matt Buchanan President of Pearland Economic Development Cooperation; Kevin Byal Building Official; 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; Richard Mancilla Interim Deputy Director/City Engineer; Vance Riley Fire Chief; 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; Michael Leech Assistant Director, Public Works; Johnna Matthews City Planner; John McCarter Management Assistant; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Hill, and the Pledge of Allegiance was let 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: Mark Ritchey, 2204 Hannah Creek Court, addressed Council stating his concerns regarding the increased traffic and safety along Peadand Parkway especially at 1820 Peadand Parkway. He further stated there have been 55 reported accidents along this area. He gave a copy to the City Secretary of his concerns, and suggestions he would like for Council and City Staff to consider. PUBLIC HEARING: None CONSENT AGENDA: A. Consideration And Possible Action — Approval Of Minutes: 1. Minutes of the December 15, 2014, Regular Meeting, held at 6:30 p.m. Page 1 of 11 —1/26/2015 B. Consideration and Possible Action - Second and Final 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. C. Consideration and Possible Action - Second and Final 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. D. Consideration and Possible Action - Second and Final 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 Pearland, 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 '/4) of the Northeast Quarter (NE %) 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 1/2 of the East Y2 of the Southeast ''% of the Northeast ''% of section 84, of the H.T.& B. Railroad Company Page 2 of 11 -1/26/2015 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. E. Consideration and Possible Action - Resolution No. R2015-18 - A Resolution of the City Council of the City of Pearland, Texas, awarding a professional services contract for Fire Department NFPA Medical Exams with Sugar Land Family Physicians, in the estimated amount of $93,960.00 for the period of January 27, 2015 through January 26, 2016. F. Consideration and Possible Action - Resolution No. R2015-22 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase of valve insertion equipment to HD Supply Waterworks in the amount of $54,139.00. G. Consideration and Possible Action - Resolution No. R2015-23 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase and installation of police vehicle equipment to All American Sales Corporation in the amount of $109,197.08; to Coban Technologies in the amount of $95,640.00; and Motorola Solutions in the amount of $94,476.00. H. Consideration and Possible Action - Resolution No. R2015.19 - A Resolution of the City Council of the City of Pearland, Texas, updating and approving the City's Guidelines and Criteria for Granting Tax Abatement in a reinvestment zone created in the City of Pearland, Brazoria County, Fort Bend County, and Harris County, Texas; having a savings clause, a repealer clause, and a severability clause. I. Consideration and Possible Action - Resolution No. R2015-16 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for delinquent revenue collection services with NRA Group, LLC, for a one year period. J. Consideration and Possible Action - Resolution No. R2015-17 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for construction management and inspections services, associated with the Kirby Drive Expansion Project (Broadway to CR 59), to Jacobs Project Management Company, in the amount of $182,293.68. K. Consideration and Possible Action - Resolution No. R2015-1 - A Resolution of the City Council of the City of Pearland, Texas, approving the annexation by Brazoria County Municipal Utility District No. 34 of approximately 31.127 acres of land generally located on the west side of CR 48, west of the Southern Trails ' Subdivision and south of Broadway Street. L. Consideration and Possible Action - Resolution No. R2015-2 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a First Amended Utility Agreement with Brazoria County Municipal Utility District No. 34. Page 3 of 11 -1/26/2015 M. Consideration and Possible Action — Resolution No. R2015-21 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for purchase of twenty five (25) Panasonic Toughbooks for the Police Department CDW' Government in the amount of $61,685.75. Councilmember Carbone asked that Consent Agenda Items E, G, and H 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 M with the exception of items E, G, and H 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 E was removed for further discussion. E. Consideration and Possible Action —Resolution No. R2015-18 — A Resolution of , the City Council of the City of Pearland, Texas, awarding a professional services contract for Fire Department NFPA Medical Exams with Sugar Land Family Physicians, in the estimated amount of $93,960.00 for the period of January 27, 2015 through January 26, 2016. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-18. City Manager Clay Pearson reported in 2013, the City issued a competitive solicitation for annual medical screenings for Fire Department suppression personnel in accordance with the recommendations of the National Fire Safety Association (NFPA), and awarded a contract to a 3rd party provider. At this year's renewal, Fire Department management staff expressed dissatisfaction with the quality of service provided. Missouri City, Sugar Land and Richmond Fire Departments all contract with Sugar Land Family Physicians, and report an exceptional degree of satisfaction with the quality of medical services. Council is being asked to award a contract for professional services with Sugar Land Family Physicians, in the estimated amount of $93,960. for Fire Department Exams for the period of January 27, 2015 through January 26, 2016. Councilmember Carbone stated he does not like to see a contract of this size go to someone outside of Pearland when there is a growing medical community on the west side of Pearland. t It would not only be good business locally, but the firefighters would not have to travel all the way to Sugar Land. Mayor Pro -Tem Ordeneaux, Councilmember Sherman, and Councilmember Moore stated they agree with Councilmember Carbone. Page -4 of 11 —1/26/2015 Councilmember Hill stated he also agrees with the Councilmembers, and would like to see what the cost would be from some of the medical providers locally. ' City Manager Clay Pearson stated from this information Staff will get some quotes from local medical providers, and bring it back to Council. Voting "Aye" None. Voting "No" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Motion Failed 5 to 0. As requested by Councilmember Carbone Consent Agenda item G was removed for further discussion. G. Consideration and Possible Action — Resolution No. R2015.23 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase and installation of police vehicle equipment to All American Sales Corporation in the amount of $109,197.08; to Coban Technologies in the amount of $95,640.00; and Motorola Solutions in the amount of $94,476.00. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-23. ' City Manager Clay Pearson reported Council is being asked to award a bid for the purchase and installation of police vehicle equipment to All America Sales Corporation in the amount of $109,197.08; to Coban Technologies in the amount of $95,640.00; and to Motorola Solutions in the amount of $94,476. Discussion ensued between Council and Purchasing Officer Bob Pearce regarding the timing of purchasing new vehicles, and the installation of equipment. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Carbone Consent Agenda item H was removed for further discussion. H. Consideration and Possible Action — Resolution No. R2015-19 — A Resolution of the City Council of the City of Pearland, Texas, updating and approving the City's Guidelines and Criteria for Granting Tax Abatement in a reinvestment zone ' created in the City of Pearland, Brazoria County, Fort Bend County, and Harris County, Texas; having a savings clause, a repealer clause, and a severability clause. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-19. Page 5 of 11 —1/26/2015 City Manager Clay Pearson reported Chapter 312 of the Texas Tax Code; Property redevelopment and Tax Abatement Act provides local governments the ability to grant property' tax abatements, when appropriate, as an economic development tool. The law requires the City to develop the Guidelines and Criteria for tax abatements before entering into such agreements, and also stipulates that such Guidelines are effective for a period of two years. Staff does not propose any amendments to the current Guidelines and Criteria; however, they will expire on January 29, 2015 unless the Council approves an updated set of Guidelines. Councilmember Sherman stated this has not been updated since 2013, and he would like some time to review the Guidelines and Criteria to see if any changes need to be made. Councilmember Carbone stated he feels this deserves more discussion. Councilmember Sherman made a motion, seconded by Mayor Pro -Tem Ordeneaux to postpone Resolution No. R2015-19 to the next scheduled Council Meeting as amended. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the amended motion. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. ' Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: Council Action — Resolution No. R2015-20 — A Resolution of the City Council of the City of Pearland, Texas, expressing support for the use of Vote Centers in County wide joint elections. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve Resolution No. R2015-20. City Manager Clay Pearson reported this resolution is being requested by Brazoria County to show the City's support of the Vote Center concept. With the proposed Vote Centers on Election Day a voter may go to any Brazoria County Vote Center and cast their vote. A Vote Center is just like early voting, you are allowed to vote at any location rather than a specific location. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. ' Motion Passed 5 to 0. Page 6 of 11 —1 /26/2015 Council Action Resolution No. R2015 -4A — A Resolution of the City Council of the City of Peadand, Texas, declaring intention to reimburse project expenditures from proceeds of future ' tax-exempt water/sewer revenue bonds or other financing sources. Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015 -4A. City Manager Clay Pearson reported Council is being asked for approval declaring intention to reimburse project expenditures from proceeds of future tax-exempt water/sewer revenue bonds or other financing sources. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015.14 — A Resolution of the City Council of the City of Pearland, Texas, approving an application for Texas Water Development Board Funding for the construction costs related to Reflection Bay Water Reclamation Facility Expansion and the design build costs for temporary wastewater treatment package plant in the amount of $55,000,000. ' Councilmember Moore made the motion, seconded by Councilmember Hill, to approve Resolution No. R2015-14. City Manager Clay Pearson reported the Reflection Bay Water Reclamation Facility Expansion project was included in the 2015 — 2019 Fiscal Year, but the scope of the expansion doubled, increasing the cost of the required construction. The temporary package plant was not funded in the 5 Year Capital Improvement Program. The funding application includes the costs for both work efforts to allow the Reflection Bay Water Reclamation Facility to regain capacity in the shortest timeframe possible while funding the work in the more economical way possible. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-13 — A Resolution of the City Council of the City of Pearland, Texas, awarding a design build contract for design engineering and construction services, associated with the Reflection Bay Water Reclamation Facility Project (temporary package plant), to CDM Constructors, Inc., in the amount of $10,789,470., and authorizing necessary budget appropriations from future water and sewer bonds. ' Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2015-13. Page 7 of 11 —1/26/2015 City Manager Clay Pearson reported this project was not funded in the 5 -Year Capital Improvement Program, but has become necessary due to growth in the service area and plant' capacity limits. The current work effort will allow the Reflection Bay Water Reclamation Facility to meet flows until the permanent facility expansion is complete in 2017. Discussion ensued between Council and Assistant City Manager Trent Epperson regarding the temporary package plant. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No' None. Motion Passed 5 to 0 Council Action - Resolution No. R2015-24 - A Resolution of the City Council of the City of Peadand, Texas, renewing the rental of HVAC services (Natatorium) from Carrier Rental Services in an amount not to exceed $100,000.00. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-24. City Manager Clay Pearson reported the air conditioning system at the natatorium has been inoperable since September 2014 and the facility is being cooled with a rented temporary unit. Staff has been working to resolve the issue with two engineering firms; PBK the engineer of record for the natatorium and Rimkus Consulting. Dectron International, the equipment supplier, as well as the general contractor for the construction of the Natatorium, EMJ have also participated in the process. It is anticipated that the system will be fully operational by the end of March 2015. Discussion ensued between Council, City Attorney Damn Coker, and Assistant City Manager Trent Epperson regarding resolving the issues with the company's involved. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. 1358-12 - An Ordinance of the City Council of the City of Peadand, Texas, amending non -development usage and service fees; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective date. Councilmember Sherman made the motion, seconded by Councilmember Moore, to approve' Ordinance No. 1358-12 on its First Reading. City Manager Clay Pearson reported Staff conducted a fee comparison of surrounding cities and found Pearland to be below or in the range of others surveyed. On smaller food establishments, staff is recommending a modest increase in health permit fees of $25. Added to each type of fee. Based on the number of food establishments, the estimated revenue from Page 8 of 11 -1/26/2015 the proposed fee increases would be $12,025. Councilmember Carbone thanked Staff for putting together the fee study showing how ' Peariand compares to neighboring Cities. Discussion ensued between Council and Senior Code Enforcement/Health Officer Marisa Vazquez regarding Staff being able to meet the initial and follow up requirements, and the need for another Code Enforcement/Health Officer within the next year. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. 10235 — An Ordinance of the City Council of the City of Pearland, Texas, amending development and permit fees; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective date. Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Moore, to approve Ordinance No. 1023-5 on its First Reading. City Manager Clay Pearson reported the data shows the overall total of the City of Peariand's fee structure to be in the median range as compared to neighboring cities. The proposed adjustment results in less than a 0.2% increase in the total permit fee for the commercial ' example given and less than a 5.0% increase in the total permit fee to the single-family residential structure. Voting "Aye" Councilmembers Carbone, Sherman, Moore, and Hill. Voting "No" Mayor Pro -Tem Ordeneaux. Motion Passed 4 to 1. First Reading of Ordinance No. 1510 — An Ordinance of the City Council of the City of Peadand, Texas, granting to SIENERGY, L. P., the right, privilege and franchise to construct, install, extend, remove, replace, abandon, operate and maintain its facilities within the public rights-of-way of the City of Peariand, Texas, for the transportation, delivery, sale and distribution of natural gas; containing other provisions relating to the foregoing subject; providing for repeal; providing for severability; and providing an effective date. Councilmember Moore made the motion, seconded by Councilmember Hill, to approve Ordinance No. 1510 on its First Reading. City Manager Clay Pearson reported SiENERGY is a gas utility company that proposes a ' franchise agreement with the City. The company was agreeable to all of the City's revisions to the agreement. In addition to the stipulation in the Agreement, the company will be required to comply with the City's Right -of -Way Management Ordinance. Page 9 of 11 —1/26/2015 Voting "Aye" Councilmembers Hill, Moon:, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-25 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase of a Gap Vex Truck from Rush Truck Center, Houston, in the amount of $423,293.00. Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2015-25. City Manager Clay Pearson reported Council is being asked for approval to purchase one (1) Gap Vex Truck from Rush Truck Center, pursuant to the BUYBOARD cooperative purchasing contract. Public Works Director Eric Wilson gave an overview of the different functions of a Gap Vex Truck. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. 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 Pearland, Texas, for 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, Brazoria 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. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve , Ordinance No. 2000M-128 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 2014-20Z. Page 10 of 11 —1/26/2015 1 City Manager Clay Pearson reported Staff recommends approval of the amendment to the Southern Trails Planned Unit Development (PID), to reallocate the 0.9 acres from a civic use to a General Business (GB) use. Discussion ensued between Council, City Attorney Darrin Coker and Representative with BGE Kerry R. Gilbert and Associates Kathryn Edwards regarding the uses and prohibited uses of the property. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. MAYOR/COUNCIL ISSUES: None. ADJOURNMENT Meeting was adjourned at 7:42 p.m. Minutes approved as submitted and/or corrected this the 91' day of February, A.D., 2015. PJ Tom Reid Mayor ATTEST: .A Y g rLori , TR it Secre !'V i 'n�inao`d• Page 11 of 11 —1/26/2015