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2015-02-23 CITY COUNCIL REGULAR MEETING MINUTES1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 23, 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 Deputy City Manager Jon Branson City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager; 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; Kim Sinistore Executive Director of the ConventionNisitors Bureau; Eric Wilson Public Works Director; Sparkle Anderson Communications Manager; Skipper Jones Assistant Director of Capital Projects; John McCarter Management Assistant; Bob Pearce Purchasing Officer; Michael Leech Assistant Director, Public Works. The invocation was given by Mayor Reid, 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: None. PUBLIC HEARING: None. CONSENT AGENDA: A. Consideration And Possible Action - Approval Of Minutes: 1. Minutes of the January 5, 2015, Joint Public Hearing, held at 6:30 p.m. 2. Minutes of the November 17, 2014, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the October 20, 2014, Joint Public Hearing held at 6:30 p.m. 4. Minutes of the February 9, 2015, Regular Meeting held at 6:30 p.m. Page 1 of 9 -2/23/2015 B. Consideration and Possible Action - Second and Final Ordinance No. 2000M- 130 - 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 tract or parcel containing 4.2066 acres or 183,242 square feet of land situated in 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 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, 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. C. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000T-17 - An Ordinance of the City Council of the City of Pearland, 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. D. Consideration and Possible Action - Resolution No. R2015-30 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Houston -Galveston Area Council (HGAC) for the purchase of two (2) trailers from Doggett Heavy Equipment Services, LLC, in the amount of $53,917.00. E. Consideration and Possible Action - Resolution No. R2015 -31-A Resolution of the City Council of the City of Pearland, Texas, approving continued participation in the Criminal Justice Division - General Victim Assistance Direct Services Grant Program. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Carbone asked that Consent Agenda Item D 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 E with the exception of item D as presented on the Consent Agenda. Page 2 of 9 -2/23/2015 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 D was removed for further discussion. D. Consideration and Possible Action - Resolution No. R2015-30 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Houston -Galveston Area Council (HGAC) for the purchase of two (2) trailers from Doggett Heavy Equipment Services, LLC, in the amount of $53,917.00. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-30. Assistant City Manager Jon Branson reported the FY2015 budget includes the purchase of two (2) equipment trailers for use in the Water and Sewer Operations division of Public Works. The trailers will be used to transport heavy equipment (primarily larger backhoes and track hoes), ' which will provide enhanced operator safety in loading/offloading the equipment onto these trailers instead of the existing trailer inventory, will save wear on the equipment and create a safer traffic environment by eliminating the need to drive the slower -moving equipment on City streets. Councilmember Carbone thanked the Public Works Staff for reaching out to local businesses to keep the tax dollars local, unfortunately they were not able to provide the units the City needed. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. VIII. NEW BUSINESS: First Reading of Ordinance No.1511 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds in one or more series; setting certain parameters for the ' bonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures and provisions relating thereto. Page 3 of 9 -2/23/2015 Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve Ordinance No. 1511 on its First Reading. Deputy Assistant City Manager Jon Branson reported Council is being asked for approval of the issuance of City of Pearland, Texas permanent improvement refunding bonds in one or more series. BOSC, Inc. Representative John Robuck gave an overview of the Permanent Improvement Refunding Bonds, Series 2015. Discussion ensued between Council, BOSC, Inc. Representative John Robuck, and Andrews Kurth, LLP Attorney Rick Witte regarding the opportunity cost of advance refunding ("Negative Arbitrage") $1,325,006. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-37 — A Resolution and Order of the City Council of the City of Pearland, Texas, ordering the holding of a General Election to be held on Saturday, May 9, 2015, for the purpose of electing Councilmember Position No. 2 and Councilmember Position No. 4 in and for the City of Pearland, Texas; establishing polling places; naming clerks; and establishing procedures for said Regular City Officers Election. Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-37. Deputy Assistant City Manager Jon Branson reported in order to comply with the Election Code of the State of Texas, City Council shall "Order" the upcoming General Election by adopting a Resolution. The Election is scheduled for Saturday, May 9, 2015. The purpose of said election is to elect Councilmember Position No. 2 and Councilmember Position No. 4. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-29 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Election Services Agreement with Brazoda County. Councilmember Moore made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-29. Deputy Assistant City Manager Jon Branson stated this contract is for election services for , May 9, 2015 General Election for Councilmember Position No. 2 and Councilmember Position No. 4. This contract is the same as used in previous elections and approved by the Legal Department. The contract requires a $5,800. deposit, which is about 50% of last year's total. Page 4 of 9 —2/23/2015 Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. CUP 2014.10 - An Ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an Auto Wash (Full Service/Detail Shop), for certain property, being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82), (generally located on the east side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center), Conditional Use Permit Application No 2014-10, within the BP 288 zoning district; at the request of Stone Development Group, applicant; on behalf of Beath Investments LLC, owner; containing a savings clause, a severability clause and an effective date and other provisions related to the subject. ' Councilmember Hill made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve Ordinance No. CUP 2014-10 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 (CUP). Deputy Assistant City Manager Jon Branson reported the applicant is requesting approval of a Conditional Use Permit (CUP) on approximately 2.3. acres of land to allow for the construction of an Auto Wash (Full Service/Detail Shop). Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Council Action - Resolution No. R2015-34 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement with the Pearland Economic Development Corporation associated with the construction of underground electrical facilities on Kirby Drive. Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-34. Deputy Assistant City Manager Jon Branson reported Council is being asked to approve a reimbursement agreement with the Pearland Economic Development Corporation for the construction of underground electrical utilities on Kirby Drive. Page 5 of 9 -2/23/2015 Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-32 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Kirby Drive Underground Duct Bank Facilities Project, from Fruge Road to the future extension of South Spectrum Road, to North Houston Pole Line, LP, in the amount of $563,345.00. Councilmember Sherman made the motion, seconded by Councilmember Moore, to approve Resolution No. R2015-32. Deputy Assistant City Manager Jon Branson reported Council is being asked to award the contract for the construction of the Kirby Drive underground duct bank facilities, from Fruge Road to the future extension of South Spectrum Road, in the amount of $563,345. to North Houston Pole Line, LP. Discussion ensued between Council and Assistant Director of Capital Projects Skipper Jones regarding the history and reputation of North Houston Pole Line, LP. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-36 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into Agreements with CenterPoint Energy Houston Electric, LLC, ("CenterPoint") for (1) the removal and relocation of power lines near Fruge Road and (2) the installation of underground primary conductors along Kirby Drive from Fruge Road north approximately 1500 feet. Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Moore, to approve Resolution No. R2015-36. Deputy Assistant City Manager Jon Branson reported Council is being asked to approve two agreements between the City and Center Point Energy that provide for (1) the removal of the existing overhead power lines and (2) the installation of underground duct bank along Kirby Drive from Fruge north approximately 1500 feet. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Page 6 of 9 —2/23/2015 1 ' Council Action - Resolution No. R2015-33 - A Resolution of the City Council of the City of Pearland, Texas, approving the Third Amended Corporate Bylaws of the Pearland Economic Development Corporation; providing for Director Term limits. Councilmember Moore made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-33. Deputy Assistant City Manager Jon Branson reported Board Chairman Patel requested that the Board discuss possibly amending the Corporation's bylaws to limit the number of terms a Director is eligible to serve. The current bylaws allow for an unlimited number of terms for a Board Member. At the December 11, 2014 Board meeting, staff was directed to work with legal on an amendment for the Board's consideration that would limit members to three (3) two (2) year terms. The Board approved the amendment at their January, 2015 meeting. City Council will also need to approve the changes for it to become effective. Councilmember Sherman stated this is a good idea, and he would recommend that Council look into doing this with all the Boards and Commissions. Voting "Aye"Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. Council Action - Resolution No. R2015-35 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for mechanical services, maintenance and repairs, for Public Works facilities to STP Services in the amount of $700,000 for the period of February 24, 2015 to February 23, 2016. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-35 Deputy Assistant City Manager Jon Branson reported it is necessary for the City to retain the services of an outside contractor to perform maintenance and repairs on mechanical equipment at the various Public Works water and sewer facilities. In addition to the services, the contractor is required to provide any parts required for repair of equipment at a fixed percentage above the contractors cost. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 5 to 0. ' Council Action - Resolution No. R2015-38 - A Resolution of the City Council of the City of Pearland, Texas, supporting equal representation of the Gulf Coast Water Authority Board of Directors so that Brazoria County, Fort Bend County and Galveston County each have balanced representation on the Board of Directors. Page 7 of 9 -2/23/2015 Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2015-38. Deputy Assistant City Manager Jon Branson reported on February 9, 2015 Brazoria County Commissioner Stacy Adams contacted the City in regards to our interest in seeing the current composition of the Gulf Coast Water Authority Board changed from its current nine (9) member board comprised of seven (7) members from Galveston County and one (1) each from Brazoria and Fort Bend Counties to a seven (7) member board comprised of three (3) from Galveston County and two (2) each from Brazoria and Fort Bend Counties. Mayor Pro -Tem Ordeneaux stated he agrees with this change. He will be going to Austin, Texas for Pearland Day with Judge Sebesta to talk with Senator Taylor to make this happen. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill. Voting "No" None. Motion Passed 5 to 0. Council Input and Discussion - City Hall Renovations. Deputy City Manager Jon Branson reported Council was provided with the updated design and budget information associated with the City Hall Complex Renovation Project. This is follow-up information to the August 15, 2014 information that was provided to Council during the 2015- 2019 Capital Improvement Program budget discussion. Assistant City Manager Trent Epperson gave an overview of Staffs recommendation for the , City Hall Complex Renovation Project. Mayor Pro -Tem Ordeneaux stated the City is taking the investment that was put into the City Hall 30 years ago and updating it the best they can with tax dollars. The security measures is something that is needed in today's world. He stated his concerns on the nights of a Planning and Zoning meeting and Executive Session, if both will be able to meet on the first floor of City Hall. Councilmember Hill stated the plans look good, and security is very important. He asked if an option for the Planning and Zoning meetings could be held next door at the annex building. Councilmember Carbone thanked Staff for looking at this in a phase approach. He is looking forward to getting the bids. Councilmember Sherman stated ideally he would like to see a new City Hall in the middle of the City that would be convenient for all residents. Staff has taken a good look at this and has tried to address all the needs in a limited amount of space. The sooner staff can move forward with this the better. Council Input and Discussion - Public Works Rights of Way Infrastructure ' Assessment. Public Works Director Eric Wilson gave a brief overview of the Public Works Rights of Way Infrastructure Assessment. Page 8 of 9 -2/23/2015 Assistant Director, Public Works Michael Leech gave a presentation of the Project Background, Project Scope, and Rights of Way Assessment. I Discussion ensued between Council, Assistant City Manager Trent Epperson, and Assistant Director, Public Works Michael Leech regarding the determination of pavement roads or asphalt roads, underground utilities, and a sidewalk assessment. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:04 p.m.to discuss the following. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. Section 551.071 - Consultation with City Attorney — Regarding pending and potential litigation associated with utilities. 2. Section 551.087 - Consultation with City Attorney — Regarding Economic Development Negotiations. NEW BUSINESS CONTINUED: Council returned from Executive Session at 8:56 p.m. ' Council Action — Regarding pending and potential litigation associated with utilities. No Council action taken. MAYOR/COUNCIL ISSUES: None. Meeting was adjourned at 8:57 p.m. Minutes approved as submitted and/or corrected this the 9'h day of March, A.D., 2015. ATTEST: 44 C y ecretaryU Tom Reid Mayor Page 9 of 9 —2/2312015 This Page Is Intended to be Blank