2015-02-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
t PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 9, 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 Darrin Coker
City Secretary Young Loring
Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager,
Matt Buchanan President of Peariand 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; 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; Johnna Matthews City Planner; Rick Overgaard Assistant Finance Director;
Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Moore, 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:
Robert Perry, 3902 Crystal Lake Circle North, addressed Council stating he became aware of
the construction plans of Hughes Ranch Road in 2005. The plan presented by TxDOT was a
two lane road each direction, full median and sidewalks. This would push the freeway to the
fence line of several communities. He stated this will destroy the residential character of the
community. He further stated his concerns regarding safety, and property value reduction.
Scott Philbrook, 1423 Crystal Lake Circle West, addressed Council stating he has the same
concerns regarding the design plan of Hughes Ranch Road. He stated there should be another
way to put in a decent road and sidewalks without having to impact the community. He further
' stated he would like to see the separation of church and state. The prayer at the beginning of
the meeting was odd, this is a government meeting not a church.
Robert Philbrook, 4019 Crystal Lake Circle South, addressed Council stating he got involved
with the Hughes Ranch Road project in 2006. He stated the traffic figures that were used to
come up with the Air Quality Conformity are not valid. He has concerns that this is a flawed
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project due to information gathered in 2006 and 2007. Hughes Ranch Road will become a
major thoroughfare with lots of traffic, noise and pollution. He would like for this project to be
put on hold until the City can redo the Air Quality Conformity.
Betty Philbrook, 4019 Crystal Lake Circle South, addressed Council stating her concerns
regarding the lighting of Hughes Ranch Road. She further stated the residents would like to
see the plans showing where the street lights, stop signs, and the breaks in the median will be.
She asked Council to consider the concerns of the residents.
Jennifer Prewelt, 2208 Elm Forest, addressed Council stating she is a boardmember
representing South Hampton Homeowners Association with 181 homes. She choose Pearland
to live in with a reputation of a good community and home investment. The residents feel a
four lane road would be sufficient with no dividers or turning lanes unless it is to make a right
hand tum into one of the schools. She further stated the residents feel this vote tonight
represents the funding of construction planning for their neighborhoods which has gone on
without any homeowner impute or a townhall meeting. Some of the planned construction would
be detrimental to the neighborhood such as the traffic, safety for the children, noise, pollution,
home values, and crime. She stated 98% of Hughes Ranch Road is lined with neighborhoods
and homes. This is not a place for a toll road interchange.
Ralph Hall, 1203 Crystal Lake Circle East, addressed Council stating his home is the closest to
Hughs Ranch Road. If what is purposed for Hughes Ranch Road it will be dangerous as far as
school zone safety, and that is unacceptable. A lot of thought and consideration needs to go'
into this before it is voted on. It will affect a lot of people that live along Hughes Ranch Road.
Bob Davis, 1307 Crystal Lake Circle East, addressed Council stating the residents feel there
has been no communication regarding some of the plans for Hughes Ranch Road. He cannot
see how a project like this would be able to do a traffic control study, without looking at the
overall integration of all the projects and seeing how they will work together. He would like to
ask Council if they do anything to please put a sidewalk on the half mile of Hughes Ranch
Road where there is not one. There has been accidents and deaths in that area. Kids are
walking or riding bicycles, and they are hard to see on that portion of Hughes Ranch Road. He
further stated that he would like to ask Council to defer this tonight, and schedule a Public
meeting to get feedback from the residents before voting on this.
Lisa Ferrara, 1431 Crystal Lake Circle West, addressed Council stating she has twin
daughters that started Kindergarten. She stated when she moved into the neighborhood twelve
years ago she hoped her children attending the schools would have mobility to get to the
schools. As she hears the plans developing it is not sounding safe for the kids that walk this
street and attend the nearby schools. She hopes Council will take this into consideration.
PUBLIC HEARING — None
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0
CONSENT AGENDA:
' A. Consideration And Possible Action - Approval Of Minutes:
1. Minutes of the January 12, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the January 26, 2015, Regular Meeting, held at 6:30 p.m.
B. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1358-12 - An Ordinance of the City Council of the City of Pearland, 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.
C. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1023-5 - An Ordinance of the City Council of the City of Peadand, Texas, amending
development and permit fees; containing a savings clause, a severability clause and
a repealer clause; providing for publication and an effective date.
D. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1510 -An Ordinance of the City Council of the City of Pearland, 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 Pearland, 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.
E. Consideration and Possible Action - Resolution No. R2015-26 - A Resolution of
the City Council of the City of Pearland, Texas, accepting the City's Investment
Report for the quarter ending December 2014.
F. Consideration and Possible Action - Resolution No. R2015-10 - A Resolution of
the City Council of the City of Pearland, Texas, authorizing a contract for
engineering services with Brown and GayEngineers, in the amount of $215,237.00
for updates to the Hughes Ranch Road design plans between Smith Ranch Road
and Cullen Parkway.
G. Consideration and Possible Action - Resolution No. R2015-27 - A Resolution of
the City Council of the City of Pearland, Texas, renewing a Unit Supply Contract for
traffic signal heads and components with Traffic Parts, Inc., in the estimated amount
of $88,060.00 beginning February 25, 2015 through February 24, 2016.
H. Consideration and Possible Action - Resolution No. R2015-28 - 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 Alvin Independent School
District ("District"), for the design and construction of a new traffic signal at the
intersection of Kirby Drive and the entrance to the new Shadow Creek High School.
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MATTERS REMOVED FROM CONSENT AGENDA
Mayor Pro -Tem Ordeneaux asked that Consent Agenda Item C be removed from the Consent'
Agenda for further discussion.
Councilmember Carbone asked that Consent Agenda Item F 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 H with the exception of items C and F 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 Mayor Pro -Tem Ordeneaux Consent Agenda item C was removed for further
discussion.
C. Consideration and Possible Action — Second and Final Reading of Ordinance No.
1023.5 — 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.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve
Ordinance No. 1023-5 on its Second and Final Reading.
City Manager Clay Pearson reported the data shows the overall total of our fee structure to be
in the median range as compared to the other 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 for the single-family residential structure.
Voting "Aye" Councilmembers Hill, Moore, Sherman, and Carbone.
Voting "No" Mayor Pro -Tem Ordeneaux.
Motion Passed 4 to 1.
As requested by Councilmember Carbone Consent Agenda item F was removed for further
discussion.
F. Consideration and Possible Action — Resolution No. R2015-10 — A Resolution of
the City Council of the City of Pearland, Texas, authorizing a contract for
engineering services with Brown and Gay Engineers, in the amount of $215,237.00
for updates to the Hughes Ranch Road design plans between Smith Ranch Road
and Cullen Parkway.
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Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R2015-10.
' City Manager Clay Pearson reported this is a recommendation for an Engineering amendment
to pick up some plans that TxDOT originally had been working with.
Assistant City Manager Trent Epperson gave an overview of the reconstruction of Hughes
Ranch Road from Cullen Parkway to Smith Ranch Road with Transportation Improvement
Program (TIP) funds. He further stated at this time there is not funding to move this project
forward. The information has been submitted for funding. The earliest the City may know
something will be April or May 2015, and that funding would not be available for a couple more
years. Before the City starts construction a Public Meeting would be held to share the plans
with the residents.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
any reason why a Public Meeting could not be scheduled in the near future so residents can
see the plans.
Assistant City Manager Trent Epperson stated the City will move forward to schedule a Public
Meeting so the residents can view the plans as they are, and to hear any concerns they may
have. He further stated he may take a couple of months to get a room scheduled and prepare
for the meeting.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
' Voting "No"
Motion Passed 5 to 0.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-130 - An Ordinance of the City Council of the City of
Peariand, Texas, amending Ordinance No. 2000M, the zoning map of the City of Peariand,
Texas, for the purpose of changing the classification of certain real property, being a tract or
parcel containing 4.2066 acres or 183,242 square feet of land situated in the A.C.H. & B.R.R.
Co. Survey, Abstract No. 507, Brazoria County, Texas, being out of a called14.02 acre tract of
land conveyed to T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria
County Clerks File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County Deed
Records; and A tract or parcel containing 5.7495 acres or 250,450 square feet of land situated
in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being out of a
called14.02 acre tract of land conveyed to T. & B. Alexander Family, LTD, Partnership as
recorded under Brazoda County Clerks File No. 98-053938, same being out of Lot 19 of the
L.W. Murdock Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records, located at the northwest and southwest corners of Main
Street and Bailey Road, Pearland, TX, Zone Change 2014-23Z, a request of Windrose Land
' Services, Inc., applicant; on behalf of T&B Alexander Family LTD Partnership, owner; for
approval of a change in zoning from the Heavy Industrial (M-2) zoning district to the General
Commercial (GC) zoning district, on approximately 9.9 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.
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Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Ordinance No. 2000M-130 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to I forward to Council for approval of Zone Change 2014-23Z.
City Manager Clay Pearson reported Council is being asked to consider the change in zoning
from Heavy Industrial (M-2) to General Commercial (GC) on approximately 9.9 acres located
at the northwest and southwest comers of Main Street and Bailey Road, Pearland, Texas.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000T-17 — An Ordinance of the City Council of the City of
Peariand, Texas, amending selected provisions of the Unified Development Code of the City to
add Micro-Breweries/Micro-Distilleries/Micro-Wineries, and Coffee Roasting, to Section 2.5.1.1
(c); and to replace Section 4.2.2.5 (g) to update the plant list; having a savings clause,
a severability clause, and a repealer clause; providing for codification, publication and an
effective date.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000T-17 on its First Reading. ,
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Unified Development Code (UDC) Text Amendment.
City Manager Clay Pearson reported the purpose of the proposed amendments to the Unified
Development Code (UDC) is to add the uses of Micro-Brewery/Micro-Distillery/Micro-Winery
and Coffee Roasting to Section 2.5.1.1 (c); the land use matrix of the UDC due to an increase
in demand for these types of uses. As part of the proposed amendment the plant list of Section
4.2.2.5 (g) of the UDC is being updated to include a larger variety of species which places
stronger emphasis on native species.
City Attorney Damn Coker stated pre-existing businesses will be grandfathered in.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Regarding the appointment to the Convention and Visitors Bureau Advisory
Board to Position No. 2 for an unexpired term expiring November 1, 2016. '
Councilmember Carbone made the motion, seconded by Councilmember Moore, to appoint
Dee Northcutt to the Convention and Visitors Bureau Advisory Board to Position No. 2 for an
unexpired term expiring November 1, 2016.
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Voting "Aye' Councilmembers Hill, Moore, Sherman, and Carbone.
' Voting "No" None.
Voting "Abstain" Mayor Pro -Tem Ordeneaux.
Motion Passed 4 to 0, with 1 abstention.
Council Action - Resolution No. R2015-19 - A Resolution of the City Council of the City of
Peadand, 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 Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-19.
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, adopted the updated Guidelines and Criteria on January 2811,
2013. 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.
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 7:40
p.m.to discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.072 - Real Property - Discussion regarding the sale, lease,
purchase, or exchange of real property.
2. Section 551.074 - Personnel Matters - The appointment of a new
department head position.
' 3. Section 551.074 - Personnel Matters - Regarding appointments to the
City's various Boards and Commissions.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:39 p.m.
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Council Action — Regarding the appointment of a new department head position.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to t
authorize the City Manager to proceed with City Councils ratification of the City Manager's
appointment to the Chief Information Officer (CIO) position.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 8:40 p.m.
Minutes approved as submitted and/or corrected this the 23'" day of February, A.D., 2015.
ATTEST:
Tom Reid
Mayor '
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