2015-04-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 13, 2015, AT 5:30 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
Darrin Coker
Young Lorfing
Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager;
Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief;
Trent Epperson Assistant City Manager; Michelle Graham Director of Parks and Recreation;
Bonita Hall Director of Human Resource; Lata Krishnarao Director of Community
Development; Richard Mancilla Interim Deputy Director/City Engineer; Vance Riley Fire Chief;
Kim Sinistore Executive Director of the ConventiontVisitors Bureau; Daniel McGhinnis Chief
Information Officer; Sparkle Anderson Communications Manager; Skipper Jones Assistant
Director of Capital Projects; Bob Pearce Purchasing Officer; Jennifer Huhn Municipal Court
Administrator/Court Clerk.
The invocation was given by Mayor Pro -Tem Ordeneaux and the Pledge of Allegiance was led
by Police Chief J.0 Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Caralyan Prade, addressed Council stating she is on the Board of Directors for Municipal Utility
District No. 26. She stated her concerns regarding the McHard Road Sewage Plant. She
further stated MUD No. 26 has started a bond application, and according to Texas
Commission on Environmental Quality (TCEQ) MUD No. 26 will not be able to complete the
application until the end of the year when the sewage treatment plant has been expanded.
She stated until then it is going to cost the MUD No. 26 $167,000. in development
reimbursement fees. She further stated she is hoping with her presence tonight, it will inspire
Council to move forward with enlarging the sewage treatment plant to handle the new
development. She asked if the City responded to TCEQ by letter, would the City send a copy
of the letter to Brazoria MUD No. 26 in care of Allen, Boone, Humphries, Robinson, LLP so
they will know a response was made.
Mayor Reid called the Public Hearing Meeting to order.
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PUBLIC HEARING — The City Council of the City of Pearland, Brazoria, Fort Bend, and Harris I Counties, Texas, to consider the creation of a reinvestment zone in the vicinity of Kirby
Drive and Beltway 8, in accordance with Section 312.201 of the Tax Code and City of
Pearland's Guidelines for Granting Taxing Abatements.
STAFF REVIEW:
City Attorney Danin Coker reported this is a public hearing for the creation of a reinvestment
zone in the Lower Kirby District for approximately 69 acres of property generally located east
of Kirby Drive from Beltway 8 feeder road, south to Fruge Road that will allow the City to enter
into Tax Abatement Agreements with any prospect that may develop in the zone. The public
hearing is required for the Council to make a determination that the proposed industrial
improvements sought for the property are feasible and practicable and that the improvements
will benefit the land within the zone. Pearland Economic Development has been working over
a decade to develop the Lower Kirby District into an employment center for Pearland and the
greater Houston region. After the public hearing, the first reading of the Ordinance creating the
reinvestment zone will also appear on the April 13th regular agenda. Any actual abatement
agreement(s) will be presented to the City Council at a later date on a case by case basis.
CITIZEN COMMENTS: None.
COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT:
The Public Hearing was adjourned.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval Of Minutes:
1. Minutes of the March 9, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the March 16, 2015, Special Meeting, held at 7:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 1506-2 — An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1506, the 2014-2015 Annual Budget Ordinance, by;
authorizing the City Manager or his designee to take all actions necessary to
facilitate the changes identified herein (ROW Assessment and Infrastructure
Recapitalization); providing a savings clause, a severability clause, a repealer
clause, and an effective date.
11
C. Consideration and Possible Action — Resolution No. R2015-58 — A Resolution of
the City Council of the City of Pearland, Texas, awarding a unit supply bid for the
purchase of pool chemicals and off-season maintenance services for the
Independence Park Pool to Greater Houston Pool Management Inc., in the
estimated amount of $50,289.47, for the period of May 1, 2015 to April 30, 2016. '
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D Consideration and Possible Action - Resolution No. R2015-60 - A Resolution of
the City Council of the City of Peadand, Texas, awarding a unit supply bid for the
purchase of office supplies to Staples Advantage in the estimated amount of
$165,000.00.
E. Consideration and Possible Action - Resolution No. R2015-59 - A Resolution of
the City Council of the City of Peadand, 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 one (1) Fire
Department Brush Truck from Chastang Ford, in the amount of $141,000.00.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through E as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
First Reading of Ordinance No. 1512 - An Ordinance of the City Council of the City of
Pearland, Texas, finding that the City has established Guidelines and Criteria for Granting Tax
Abatement pursuant to Resolution No. R2015-19; designating and describing a Reinvestment
Zone (to be known as Reinvestment Zone #28) generally located near Kirby Drive and Beltway
8, in accordance with the Property Redevelopment and Tax Abatement Act; finding that the
improvements sought are feasible and practical and would be a benefit to the land to be
included in the zone and the municipality after the expiration of the Tax Abatement Agreement;
authorizing the City Manager to sign tax abatement agreements when approved by the City
Council; having a savings clause and a severability, clause; and an effective date.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Ordinance No. 1512, on its First Reading.
City Manager Clay Pearson reported this ordinance creates a reinvestment zone in the Lower
Kirby District for approximately 69 acres of property generally located east of Kirby Drive from
Beltway 8 feeder road, south to Fruge Road. That will allow the City to enter into Tax
Abatement Agreements with any prospect that may develop in the zone. This is the first
reading of the Ordinance creating the reinvestment zone and a second reading is scheduled
for April 27, 2015. The actual abatement agreement(s) will be presented to the City Council at
a later date on a case by case basis.
' Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Page 3 of 11 - 4/13/2015
Second and Final 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 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.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-131, 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 the Zone Change 2014-22Z.
City Manager Clay Pearson reported the applicant proposes to change the zoning of
approximately 79.94 acres located between Main Street (SH 35) to the west, Old Alvin Road to
the east, and south of East Walnut Street; from General Commercial (GC) and Office &
Professional to a Planned Development (PD), known as Baker's Landing. Baker's Landing will
consist of approximately 251 single family homes on approximately 59.2 acres, with an overlay
zoning district of Single Family Residential 4 (R-4); and a 0.5 -acre tract with frontage along
Walnut Street, with an overlay zoning district of General Business (GB) for a nonresidential
use, with the option to convert the 0.5 acre GB tract to single family homes.
Larry Marcott, 3606 Inverness Court, addressed Council stating as previously stated he is
opposed to this. Councilmembers in the past along with Planning and Zoning worked very hard
to come up with a layout for the City of Pearland to grow. He stated this is not in accordance
with what the City and Planning and Zoning planned for the City. He further stated he had
requested in the past that Mayor/Council Issues be a part of the business meeting, and not
after the Executive Session. He staled as a past Councilmember Executive Sessions can go to
midnight, and all the residents have gone home. The public needs to know what is going on.
Jerry Koza Jr., 2823 Knobhill, addressed Council stating from the last two Council meetings
Council has heard his comments. He would like to state that he is opposed to this.
Matt Cabler, 3411 Westminister, addressed Council stating he is in favor of this development,
the plan that is laid out is an excellent community. He stated his concerns if this does not pass
another developer could come through in a few years, and with different councilmembers it
could pass to build 500 cookie cutter homes in this area. He stated that is not what he would
like to happen. He would like to see this development pass.
Page 4 of 11 — 4/13/2015
Councilmember Moore stated he was for this development plan. After the first reading he has
' spoken with a large number of residents that are against this plan. He stated he is on Council
to represent the residents. He will be voting against this development plan.
Voting "Aye" Councilmembers Carbone, and Sherman.
Voting "No" Councilmembers Ordeneaux, Moore, and Hill.
Motion Failed 3 to 2.
First Reading of Ordinance No. CUP 2015-01 - An ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) for an exemption to the
fagade requirements for an existing structure, for certain property, being lot Six (6) and the
North 12.5 feet of lot Seven (7) in block Six (6), of Hickory Creek Place, a subdivision in
Brazoda County, Texas according to the map or plat thereof, recorded in Volume 11, Page 1 of
the Plat Records of Brazoda County, Texas. (Located at 2125 Garden Road, Pearland, TX),
Conditional Use Permit Application No 2015-01, within the Garden/O'Day — Mixed Use (G/0 -
MU) zoning district, at the request of Ben Searway, applicant; on behalf of SW40, LLC, owner;
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. CUP 2015-01, 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. 2015-01.
City Manager Clay Pearson reported Council is being asked for approval of the request to
allow for an exemption to the facade requirements for an existing structure located on a 0.568
acre site in the Garden/O'Day-Mixed Use (G/0 -MU) zoning district.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. CUP 2015-02 - An ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Mini-
Warehouse/Self Storage Facility, for certain property, being all of Lot 1 of Pearland Senior
Village, as recorded in Doc. #2010012628 of the Brazoria County Plat Records in the H.T. &
B.R.R. Co. Survey, Abstract No. 242 in Brazoda County, Texas. (General location being the
southwest corner of Broadway Street and Brownstone Place, Pearland, TX), Conditional
Use Permit Application No 2015-02, within the General Business (GB) zoning district, at the
request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Glass 518 Joint
Venture, 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 Councilmember Moore, to approve
Ordinance No. CUP 2015-02, on its First Reading.
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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. 2015-02. '
Director of Community Development Lata Krishnarao reported the applicant is requesting
approval of a Conditional Use Permit (CUP) to allow for a Mini-Warehouse/Self Storage facility
located in the General Business (GB) district on approximately 4.5496 acres located at the
southwest comer of Broadway Street and Brownstone Place.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. CUP 2015-03 - An ordinance of the City Council of the City
of Peadand, Texas, approving a Conditional Use Permit (CUP) to allow for the
construction of a Wireless Telecommunication Tower, for certain property, 2.046 acres out
of Lot 58 of the W. Zychlinski Subdivision, Vol. 29, Pg. 43 of the Brazoria County Deed
Records, within the H.T. & B.R.R. Co. Survey, Abstract 542 City of Peadand, Brazoria County,
Texas. (Located at 1515 North Main Street, Pearland, TX), Conditional Use Permit
Application No 2015-03, within the General Commercial (GC) zoning district, at the request of
Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf of Ace Manor Property
Development 1, owner; 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. CUP 2015-03, 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. 2015-03.
City Manager Clay Pearson reported the applicant is requesting approval of a Conditional Use
Permit (CUP) to allow for the construction of a Wireless Telecommunication Tower located in
the General Commercial (GC) district on approximately 2.046 acres located at 1515 Main
Street.
Discussion ensued between Council and City Manager Clay Pearson regarding the buffer and
landscaping.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 11 - 4/13/2015
' First Reading of Ordinance No. 633-2 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 13, Health and Sanitation, Article II, Offensive Conditions,
of the City of Pearland Code Of Ordinances, as it may have been, from time to time, amended;
having a savings clause, a severability clause, and a repealer clause; providing for publication
and codification.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Ordinance No. 633-2, on its First Reading.
City Manager Clay Pearson reported the City of Pearland, like most cities, has ordinance
provisions to provide a minimum standard of care for yards and lots to provide a basic
standard. An ordinance recommendation and background information with comparisons has
been previously shared and discussed by the City Council at an earlier meeting. Following the
Council discussion at the last Council meeting, Section 13-17 (a) (4) has been removed from
the proposed revisions (weeds on sidewalks and streets). Although there can be instances of
yard material being put into public streets and walks, the proposed language is not essential.
Furthermore, it has been determined that most of the Code Enforcement concerns will be
captured by upcoming modifications to the Storm Drainage Ordinance.
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 Moore made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve
the appointment to the Convention and Visitors Bureau Advisory Board to Position No. 2 for an
unexpired term expiring November 1, 2016.
Councilmember Moore made a motion to amend the motion, seconded by Mayor Pro -Tem
Ordeneaux, to approve the appointment of Gaylynn Naiser to the Convention and Visitors
Bureau Advisory Board to Position No. 2 for an unexpired term expiring November 1, 2016.
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 original motion as amended.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
' Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 11 - 4/13/2015
Council Action — Resolution No. R2015-56 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing an Economic Development Agreement between the City and I Costco Wholesale Corporation ("Costco) and a Performance Agreement between the
Pearland Economic Development Corporation and Costco.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-56.
President of Pearland Economic Development Corporation Matt Buchanan reported Council is
being asked for approval to enter into an Economic Development Agreement between the City
and Costoo Wholesale Corporation and approving the Pearland Economic Development
Corporation to enter into a Performance Agreement with Costco Wholesale Corporation.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2015-55 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract to define the roles and responsibilities of the City and
the Forever Parks Foundation of Peadand.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-55.
Director of Parks & Recreation Michelle Graham reported information related to the creation of
the foundation was presented to City Council in a workshop. The Foundation's next order of
business would be to present Council with a contract that would help define the role and
expectations between the City and the Foundation. They have since established a contract
and it has been forwarded through the legal department with suggested changes.
Discussion ensued between Council and Director of Parks & Recreation Michelle Graham
regarding any relation between the Parks & Recreation Beautification Board and the non-profit
foundation.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2015-61 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for the construction of the Kirby Drive Expansion Project
(Broadway to CR 59) to SER Construction Partners, LLC., in the amount of $2,949,377.23,
and approving additional project appropriations in the amount of $885,391.00 for the Project
and $134,037.00 from revenues. Its
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. 82015-61.
Page 8 of 11 — 4/13/2015
City Manager Clay Pearson reported Council is being asked to award the contract for the
' construction of the Kirby Drive Expansion (from FM 518 to CR 59) in the amount of
$2,949,377.23 to SER Construction Partners, LLC.; approve the additional project
appropriation in a corrected amount of $885,391 and $134,037 to revenues.
Mayor Pro -Tem Ordeneaux made the motion to amend the motion, seconded by
Councilmember Sherman, to approve Resolution No. R2015-81 with the corrected amount
additional project appropriations in the amount of $885,391 for the Project and $134,037 from
revenues.
Discussion ensued between Council, City Manager Clay Pearson and Assistant City Manager
Trent Epperson regarding the funding for this project.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
i
Council Input and Discussion — Regarding staff review of Pearland Parkway Corridor Zoning
for automobile related uses.
City Manager Clay Pearson reported the purpose of the item is to get feedback regarding the
February 19, 2015 memo provided to the City Council regarding stafrs findings and
recommendations of the undeveloped tracts of land along Pearland Parkway, where
automobile -related uses would be allowed by right or with approval of a Conditional Use Permit
(CUP).
Director of Community Development Lata Krishnarao gave an overview of what automobile -
related uses would include, the existing zoning, and the future land use designations of
undeveloped tracts with frontage on Pearland Parkway.
Mayor Reid stated that he is not enthusiastic about adding any more automobile -related uses
along Pearland Parkway.
Councilmember Hill stated he agrees with Mayor Reid, he would hate to see Pearland Parkway
filled with gas stations.
Page 9 of 11 —4/13/2015
Mayor Pro -Tem Ordeneaux stated he does not know if doing a total zone change is the way to
address this. His concern is setting this property up for failure and non -development just '
because we do not like what we think is going to come in. He stated if we are going to rezone it
because we do not want gas stations, but we are not sure what we do want, that would not help
development in the long run. He stated he would like more thought and explanation on what is
being looked at tonight.
Councilmember Sherman stated his concern is where will the gas stations go if they are not
allowed along Pearland Parkway, and where they do go what effect is that going to have to the
residents in those areas.
Councilmember Hill stated if we do something on Pearland Parkway similar to Shadow Creek
FM 518 area he does not think that would be limiting development.
Director of Community Development Lata Krishnarao gave an overview of what Office 8
Professional (OP) zoning would allow.
Councilmember Carbone thanked staff for all the work that was put into this. He stated he
would like to know what the land owners along Pearland Parkway think about this.
City Manager Clay Pearson stated staff can bring back to Council some alternatives and narrow
the list.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:44 p.m. to '
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.071 - Consultation with City Attorney - Regarding
potential litigation associated with gas utilities.
Council returned from Executive Session at 7:58 p.m.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT:
Meeting was adjourned at 7:58 pm.
Page 10 of 11 - 4/13/2015
Minutes approved as submitted and/or corrected this the 27th day of April, A.D.
2015.
C-- N
Tom Reid
Mayor
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Page 11 of 11 — 4/13/2015