2015-03-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 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 Lofing
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; Michelle Graham Director of Parks and Recreation; Bonita Hall Director of Human
Resources; Lata Kdshnarao 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; Chris Odea Assistant Director of Parks and Recreation; John
' Knight Manager, Information Technology.
The invocation was given by Mayor Pro -Tem Ordeneaux and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
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 he would like for the Mayor
and Councilmembers return to giving their activity reports at Council meetings. He further
stated his thoughts on the Constitution, freedom of speech, cruel and unusual punishment, and
the expense of the Tom Reid Library expansion.
PUBLIC HEARING - None.
CONSENT AGENDA:
A. Consideration And Possible Action - Approval Of Minutes:
1. Minutes of the February 23, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the February 16, 2015, Joint Public Hearing, held at 6:30 p.m.
B. Consideration and Possible Action - Second and Final Reading of Ordinance
No. 1511 - An Ordinance of the City Council of the City of Peadand, Texas,
authorizing the issuance of City of Peadand, Texas, permanent improvement
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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.
C. Consideration and Possible Action - Second and Final 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 SO.FT.)
tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company
subdivision of the H.T. 8 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 Slone 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.
D. Consideration and Possible Action - Resolution No. 82015-39 - A Resolution of '
the City Council of the City of Pearland, Texas, renewing a Seismic Testing Permit
for Danbury Onshore for the area generally located in the vicinity of SH 35 and Dixie
Farm Road.
E. Consideration and Possible Action - Resolution No. R201541 - 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 Brazoria County for the transfer
funds, in the amount of $93,548.00, associated with the construction of the CR 48
Project with boundaries of Broadway Street and State Highway 6.
F. Consideration and Possible Action - Resolution No. 8201542 - A Resolution of
the City Council of the City of Pearland, Texas, awarding a bid for the construction of
the Southeast Water Plant Elevated Storage Tank Piping Modification Project to D.
Wagner Construction, in the amount of $164,282.00.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through F.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
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NEW BUSINESS:
' First Reading of Ordinance No. 2000M-133 — 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 4.020
acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 542 in Brazoria County, Texas.
Said 4.020 acre tract is part of Lot 52 of Zychlinsky Subdivision according to the plat recorded
in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas and is further
described as being all of a one (1) acre tract, a 2.179 acre tract and part of a 2.000 acre tract
as described in a deed to Associated Properties as recorded in Clerk's File No. 2011034738 in
the Brazoria County Clerk's Office, (generally located at 37063902 Alice Street, Pearland,
TX), Zone Change 2015-02Z, a request of Gerald L. Koza Jr., applicant; on behalf of
Associated Properties, owner; for approval of a change in zoning from the General
Commercial (GC) zoning district to the Light Industrial (M-1) zoning district; on
approximately 4.020 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-133, on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change 2015-02Z.
City Manager Clay Pearson reported the applicant is requesting approval of a change in
zoning from General Commercial (GC) zoning district to Light Industrial (M-1) zoning district on
approximately 4.020 acres located along Alice Street.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-131 — 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 all of that
certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 and in the H.T.
& B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as
Lots A, B, C. D, E, G, H, I, J, K. L, M, N, O, P, Q, R, S, T, U and V", and 2.011 acres in the
deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C. Baker
Revocable Trust, recorded under Document Number 2005011939, of the Official Records of
Brazoria County, Texas, (generally located between Main Street to the west and Old Alvin
Road to the east, and south of Walnut Street, Pearland, TX), Zone Change 2014-22Z, a
request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable
Trust, owner; for approval of a change in zoning from the General Commercial (GC) and
Office and Professional (OP) zoning district, to a Planned Development known as
I
Baker's Landing; on approximately 79.94 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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Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 2000M-131, on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change 2014-22Z.
Larry Maroott, 3606 Inverness Court, addressed Council staling he is against this zone change
on Highway 35. He stated Pearland is running out of commercial property and without the
commercial and Industrial property the tax payers will have to pay more taxes in the future.
The City needs the proper mix of commercial/industrial with residential. He is asking Council to
vote against this zone change. He stated on the agenda he would like to see the
"Mayor/Council Issues" be moved before the Executive Session, so residents can hear what is
being discussed. With the "Mayor/Council Issues" after the Executive Session most residents
have left due to the late hour.
Applicant Alan Mueller, 4201 Broadway, addressed Council with updated information regarding
the requested conditions for the Planned Development.
Director of Community Development Lata Krishnarao reported the applicant has worked with
staff over the last couple of months, but staff is unable to recommend approval of the proposed
Planned Development. She gave an overview of the reasons why staff is unable to
recommend approval.
Discussion ensued between Council and Director of Community Development Lata Krishnarao
regarding the purpose of the applicant meeting the conditions. '
Alan Mueller stated he understands the City is concerned about commercial development. This
project can be a catalyst for commercial development within the corridor, and there is plenty of
other opportunity's for commercial development within the corridor. He further stated the value
on the ground is going to be 3.3 times what the existing commercial properties generate within
the area.
Mayor Pro -Tem Ordeneaux stated from large developers he is looking for mixed use
development in this area. He further stated he is asking for some type of compromise and so
far he has not seen that.
Councilmember Hill stated he agrees with Mayor Pro -Tem Ordeneaux. The City has approved
this area to be a certain type of plan. He further stated in this area the City needs diverse, high
value, commercial industrial development.
Councilmember Moore stated he also agrees that this area has been approved to be
commercial, light industrial, and it should stay that way. The City wants businesses to come in
to offset the tax base for the residents in the future.
Councilmember Carbone stated he agrees with most of the points, but what is before us is a
development that could work. He further stated he has issues when a person cannot sell their
property because of this type of development. Ideally commercial and mixed use would be
great, but this is what we have in front of us now, and it could be a catalyst for that area.
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Councilmember Sherman stated he agrees with Councilmember Carbone, he does not fully
' understand the problems with this development. He further stated that this is a quality
development. There is commercial land available up and down Highway 35. He would like to
implore Council to reassess and vote the project as it is presented to Council tonight.
Mayor Pro -Tem Ordeneaux staled he truly believes the property on Highway 35 should be
commercial. He is looking for a compromise, a mixed use that will help blend these two very
different areas.
Applicant Alan Mueller stated the condition the family partnership is in because of Mr. Baker
passing away, they are an all or nothing seller. He stated this is a large piece of property to sell
and come up with a plan that will work. The comments he is hearing tonight are not a surprise.
He further stated he felt he could overcome the City's concerns by showing a quality
development with controls in place, and show there is more than adequate property in other
places to develop commercially.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Carbone, to
postpone the approval Ordinance No. 2000M-131, on its First Reading to give the applicant
time to meet with the sellers and the builder.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
' Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-132 — An Ordinance of the City Council of the City of
Peadand, 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 all that
certain 0.9678 acres of land being the northerly part of that 1.727 acre tract known as JKJ
Development, a minor plat recorded as document 2008015246 in the official public records of
Brazoria County, Texas, (generally located 200 feet north of the northwest corner of
Mykawa Road and W. Orange Street, Pearland, TX), Zone Change 2015-01Z, a request of
Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew John, owners; for approval
of a change in zoning from the Light Industrial (M-1) zoning district to the General
Business (GB) zoning district; on approximately 0.9678 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 Hill, to approve
Ordinance No. 2000M-132, on its First Reading.
Stephen Craig, 1904 Mykawa Road, addressed Council stating he is representing the
Packaging Service Company on Mykawa. He further stated the concerns by rezoning this
property to General Business will allow for development of businesses that could have the
potential to be impacted by business operations. The company is a chemical distribution
facility, and we have future plans for growth and expansion that would join the property in
question tonight. We would like to maintain that buffer.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council to deny the approval of the Zone Change 2015-01Z.
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City Manager Clay Pearson reported the applicant is requesting approval of a change in
zoning from the Light Industrial (M-1) zoning district to the General Business (GB) zoning
district on approximately 0.9678 acres of land located 200 feet north of the northwest corner of
Orange Street and Mykawa Road. The applicant also owns the adjacent parcel to the south
that is zoned GB that when combined with the M-1 parcel will make a property, consisting of
2.15 acres.
Voting 'Aye" None.
Voting "No" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Motion Failed 5 to 0.
Council Action - Resolution No. R2015-12 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract for architectural design services with the Wilson
Architectural Group, in the amount of $326,500.00 for design services associated with the Tom
Reid Library Expansion.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R2015-12.
City Manager Clay Pearson reported Council is being asked to approve an Architectural
Design Services contract to Wilson Architectural Group, in the amount of $293,000. for the
Tom Reid Library Expansion Project. '
Assistant City Manager Trent Epperson gave an overview of the Tom Reid Library Expansion
Project.
Mayor Pro -Tem Ordeneaux stated he would like to have discussions to see what the City can
cut, and still give the voters what they requested in 2007 without going over the budget or
pulling money from other locations.
Discussion ensued between Council regarding a workshop to discuss the best way to use the
funds for the Library project without going over the budget.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting 'No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2015-40 - A Resolution of the City Council of the City of
Peadand, Texas, accepting the City's comprehensive annual financial report for fiscal year
2014 as prepared by the acoounting fine of Whitley Penn, LLP.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve I Resolution No. R2015-40.
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City Manager Clay Pearson reported Council is being asked to accept the City's
' comprehensive annual financial report for fiscal year 2014 as prepared by the accounting firm
Whitley Penn, LLP.
Director of Finance Claire Bogard gave an overview of the comprehensive annual financial
report.
Whitley Penn, LLP Representative Lupe Garcia gave an overview of the audit results.
Mayor Reid, Councilmembers, and City Manager Clay Pearson thanked Director of Finance
Claire Bogard and Staff for their hard work in putting the Comprehensive Annual Financial
Report together.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting `No" None.
Motion Passed 5 to 0.
Councilmember Carbone asked that Item IX. Mayor/Council Issues be moved before the
Executive Session.
MAYORICOUNCIL ISSUES: Name the Fire and EMS building on Veterans Dr. the David L.
Smith Building.
' Councilmember Hill stated he would like to put on the next agenda to name the Fire and EMS
building on Veterans Dr. after David L,'Smith since he is the founder of EMS in Pearland.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:22 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.071 - Consultation with City Attorney - Regarding
pending and potential litigation associated with utilities.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:36 p.m.
Council Action - Regarding pending and potential litigation associated with utilities.
Councilmember Sherman made a motion, seconded by Councilmember Carbone to authorize
staff to enter into an Agree order with the TCEQ; Docket No. 2013 -1816 -MWD -E.
Page 7 of 8 -3/9/2015
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Meeting was adjourned at 8:37 p.m.
Minutes approved as submitted and/or corrected this the 13th day of April, A.D., 2015.
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Tom Reid
Mayor
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