2015-06-08 CITY COUNCIL REGULAR MEETING MINUTESC
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 8, 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
Deputy City Secretary
Maria Rodriguez
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; Bonita Hall Director of Human Resource; Lata
Krishnarao Director of Community Development; Sparkle Anderson Communications Manager;
Michael Leech Assistant Director, Public Works; Richard Mancilla Assistant City Engineer;
John McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Bob
Pearce Purchasing Officer; Joel Hardy Grants Coordinator.
The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by
Chief J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Bill Burdick, 1606 S. Lago Vista Dr., addressed Council stating he is the President of the Villas
Master Homeowners Association. He stated his concerns for the safety of the residents and
children in the subdivision because of the many speeding vehicles.
Butch Sparks, 1408 San Marino Dr., addressed Council stating he is the Vice President of the
Villas Master Homeowners Association and one of the directors of the Villa Verde Subdivision.
He stated he is asking Council for their assistance concerning the safety of the residents and
children of the Villa Verde Subdivision. He further stated Villa Verde unlike the other two
subdivisions in the Villas Master Association is not a gated community. Many vehicle operators
disregard the posted speed limit & traffic signs on the four main streets of the subdivision. This
has led to close calls of the children and traffic in the subdivision. He stated last year the City
of Pearland conducted a study to see if the subdivision qualified for speed reducing devices,
the subdivision did not meet the requirements. He stated the residents of Villa Verde
subdivision are asking Council to reconsider the speed reducing devices and/or increase
police presence in the subdivision.
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Mayor Reid called the Public Hearing to order at 6:42 p.m.
PUBLIC HEARING: Regarding the City of Pearland's Application for Grant Funding from the '
Texas Parks & Wildlife Department Non -Urban Outdoor Grant Program - Centennial Park
Improvements (Docketed Public Hearing).
STAFF REVIEW:
Grants Coordinator Joel Hardy gave an overview of the process regarding the City of
Pearland's application for grant funding from the Texas Parks & Wildlife Department Non -
Urban Outdoor Grant Program.
CITIZEN COMMENTS:
John Welch, 3304 S. Bending Oaks Lane, addressed Council stating he is the President of the
Pearland Girls Softball Association. The Pearland Girls Softball team will hopefully be
impacted by the continued development of Centennial Park. He further stated he is very much
in favor of having this application for grant funding. He stated the Girls Softball Association
hopes to bring more softball tournaments to the City of Pearland which will be a big revenue
boost to the City.
COUNCIL/STAFF DISCUSSION
Discussion ensued between Council, Grants Coordinator Joel Hardy, Deputy City Manager '
Jon Branson, and Assistant City Manager Trent Epperson regarding the Master Plan,
additional parking, entrances off of Fite road, funds available through this grant, how
Centennial Park was chosen to receive grant funds, and grant funds for Shadowcreek Park.
Councilmember Carbone thanked staff for their hard work to leverage some of the City's local
funds to be able to get this grant for Centennial Park.
ADJOURNMENT
The Public Hearing was adjourned at 6:53 p.m
VI. CONSENT AGENDA:
A. Consideration and Possible Action -Approval Of Minutes:
1. Minutes of the March 16, 2015, Joint Public Hearing, held at 6:30 p.m.
2. Minutes of the April 27, 2015, Regular Meeting, held at 6:30 p.m.
3. Minutes of the May 11, 2015, Regular Meeting, held at 6:30 p.m. '
4. Minutes of the May 18, 2015, Joint Public Hearing, held at 6:30 p.m.
B. Consideration and Possible Action - Resolution No. R2015-94 -A Resolution of
the City Council of the City of Pearland, Texas, authorizing the City Manager or his
designee to enter into a contract for audit services with Whitley Penn in the amount
of $75,300.00 for Fiscal Year 2015.
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C. Consideration and Possible Action - Resolution No. R2015-99 - A Resolution of
the City Council of the City of Pearland, Texas, authorizing a fixed unit rate contract
' for building plan review and inspection services with Mikayla Architects, in the
estimated amount of $90,000.00 for the period of June 9, 2015 to June 8, 2016.
D. Consideration and Possible Action - Resolution No. R2015-102 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a unit supply bid for the
purchase of Fire Department Medical Supplies to Bound Tree Medical, LLC., Life
Assist, Inc., Moore Medical, LLC., Nashville Medical & EMS Products and
Southeastern Emergency Equipment in the estimated amount of $115,000.00 for the
period of June 26, 2015 to June 25, 2016.
E. Consideration and Possible Action - Resolution No. R2015-98 - A Resolution of
the City Council of the City of Pearland, Texas, authorizing a fixed unit rate contract
for development plan review services with Freese & Nichols, Inc., in the amount of
$50,000.00 for the period of August 1, 2015 to July 31, 2016.
F. Consideration and Possible Action - Resolution No. R2015-96 - A Resolution of
the City Council of the City Of Pearland, Texas, authorizing participation in the Other
Victim's Assistance Grant ("OVAG") through the Office of the Attorney General.
G. Consideration and Possible Action - Resolution No. R2015-101 - A Resolution
of the City Council of the City of Pearland, Texas, approving the Amended Bylaws of
' the Pearland Parks, Recreation and Beautification Board.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through G 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. CUP 2015-05 - An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for an Auto Parts
Sales (Indoors Only; With Repair Bays) facility, for certain property, Being Lots 7 and 8,
Thomas and Gilbert Industrial Tracts, a Subdivision of part of Lot 113, A.C.H. & B. Survey,
Section 1, Abstract No. 147, Brazoria County, Texas. (Located north of Swensen Drive, east
of Main Street, Pearland, TX), Conditional Use Permit Application No 2015-05, within the
' General Commercial (GC) zoning district, at the request of Robert M. Atkinson, applicant; on
behalf of MVN Investment LLC, owner; 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. CUP 2015-05 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. 2015-05.
Director of Community Development Lata Krishnarao reported the applicant is requesting
approval of a Conditional Use Permit (CUP) to allow for an Auto Parts Sales (Indoor only, with
repair bays) facility located in the General Commercial (GC) district on approximately .41 acres
located north of Swensen Drive and east of South Main/State Highway 35.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. CUP 2015-06 - An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for an e -cigarette
tenant classified as Cigars, Tobacco Shop (Retail Only), for certain property, Being a
certain Tract out of Tract "A", on the Final Plat of West Side Plaza, A Subdivision of Brazoria
County, Texas, According to the Map or Plat thereof recorded in Volume 17, Pages 279-280,
Plat Records, Brazoria County, Texas. (Located at 5074 Broadway Street, Pearland, TX), '
Conditional Use Permit Application No 2015-06, within the Neighborhood Services (NS) zoning
district, at the request of Ronny Heat, applicant; on behalf of Westside SC Pearland, Ltd.,
owner; 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. CUP 2015-056 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council was to deny the Conditional Use Permit Application No. 2015-06.
City Manager Clay Pearson reported at the Joint Public Hearing the applicant was not present.
Staff has tried to reach out to the applicant and have not been able to make contact. He further
stated since this has been presented Council will need to act upon it.
Mayor Pro -Tem Ordeneaux asked if the applicant was present and in the council room
Discussion ensued between Council and Director of Community Development Lata Krishnarao '
regarding the Planning & Zoning Commission denying the request because the applicant was
not present.
City Attorney Darrin Coker stated it will require a majority vote of 4.
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Voting "Aye" Councilmembers Carbone and Moore.
' Voting "No" Councilmembers Sherman, Ordeneaux, and Hill.
Motion Fails 3 to 2.
Council Action — Resolution No. R2015-97 —A Resolution of the City Council of the City
of Pearland, Texas, as hereinafter referred to as "Applicant," designating certain officials as
being responsible for, acting for, and on behalf of the Applicant in dealing with the Texas Parks
& Wildlife Department, hereinafter referred to as "Department," for the purpose of
participating in the Non -Urban Outdoor Grant Program, hereinafter referred to as the
"Program"; certifying that the Applicant is eligible to receive program assistance; certifying
that the Applicant matching share is readily available and is approved for use in the
completion of this project; and dedicating the proposed site for permanent (or for the term of
the lease for leased property) public park and recreational uses.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2015-97.
City Manager Clay Pearson reported this project was part of the 2007 voted bond referendum
and Centennial Park is listed in the City's 2005 25 -year Parks and Recreation Master -Plan.
The overall improvements of the park will help to accommodate more youth softball, as the
relocation of adult sports league activities to Max Road Sports Complex takes place.
' Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2015-100 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing the sole source purchase and installation of filter cloth media at
the JHEC Wastewater Treatment Facility in the amount of $590,000.00 from Hartwell
Environmental Corporation.
Councilmember Hill made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2015-100.
City Manager Clay Pearson reported this purchase is contemplated and recommended for the
purpose of furthering the City's provision of a safe and reliable water system.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
I
Voting "No" None.
Motion Passed 5 to 0.
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Council Action — Resolution No. R2015-105 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal I Agreement with Brazoria County Municipal Utility District No. 26 and Brazoria-Fort Bend
County Municipal Utility District No. 1 ("Districts"), related to additional public park
improvements at the Shadow Creek Ranch Sports Complex.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-105.
Mike Rozell, former County Judge of Fort Bend County addressed Council stating he is
representing Brazoria/Fort Bend Municipal Utility District No. 1. He further stated the residents
are for the improvements at the Shadow Creek Ranch Sports Complex, and hoping for a
positive vote from Council.
Michael Parks, President of Municipal Utility District No. 26 and Executive Vice President of
the Association of Water Board Directors (AWBD) addressed Council stating he does
appreciate this agreement. He further stated the residents are excited about what is coming,
and going from 12 months of construction to 18 months will not be a problem.
City Manager Clay Pearson reported the current draft of the agreement states that the
amenities must be constructed within 1 year after the City receives the funds, but the proposed
time frame should actually state 18 months. Some of the amenities will be bid separately from
the existing contract and will not be able to commence until the contractor completes the '
existing contract. Adding an additional 6 months helps insure that the amenities are completed
in accordance with the Interlocal Agreement.
Councilmember Sherman stated when he ran for Council six years ago, one of the issues he
ran on was to get this park built. This is a failure, the City is only building the bulk of the park.
The residents in Brazoria Municipal Utility District No. 26 and Fort Bend Municipal Utility
District No. 1 are also building this park. They are double paying for this park which was a
decision made by the MUD Board. He stated it is important for him to say that this is a city
park, and the city should build the whole park, and he is disappointed that it is not happening.
Mayor Pro -Tem Ordeneaux stated he agrees with the majority of what Councilmember
Sherman has stated. He further stated he attended a Municipal Utility District Board meeting
and the residents stated they want to do this. He stated this park should have been built many
years ago, but it was not. He is in favor of this because this is the only way the city can get this
park built.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding the
number of items on the priority list will the approved funds from the Texas Commission on
Environmental Quality (TCEQ) of $1.37 million pay for.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, and Carbone. '
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
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Council Action - Resolution No. R2015-95 - A Resolution of the City Council of Pearland,
Texas, identifying eligible projects for the U.S. Department of Housing and Urban Development
' Community Development Block Grant Program - Program Year 2015, Fiscal Year 2016.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-95.
City Manager Clay Pearson reported the City has been allocated $319,085 from U.S.
Department of Housing & Urban Development -Community Planning and Development (CPD)
for the Community Development Block Grant program for FY 2015-2016; CPD Program year
2015. This is $5,291 more than the current year's allocation amount of $313,794. The
Community Development Block Grant (CDBG) funding allocation amounts are formula -based
and determining factors include population, income levels, and other demographics.
Discussion ensued between Council and Grant Coordinator Joel Hardy regarding how the
funds will be allocated to the residents that need assistance.
Gayland Capps with Alvin Community College and Board member of the Neighborhood Center
stated the Neighborhood Center appreciates the funding they have received through this
program. He stated the number one goal of the Pearland Neighborhood Center is to make sure
that each individual and each family that come to the Neighborhood Center becomes self-
sufficient on their own.
' Councilmember Carbone stated when this was first discussed regarding the Code
Enforcement rehab he had some concerns. He stated he still has some concerns. In the
Agenda Packet it shows Code Enforcement will receive $50,000 and an extra $22,000 to
rehab a house when a code violation is found. He stated that seems backwards to him. He
further stated he would like to allocate the full $25,000 to the Neighborhood Center. He
believes it would get to the family in need faster than going through Code Enforcement, single
family rehab.
Grant Coordinator Joel Hardy gave a brief overview of how funding allocation amounts are
formula -based and determining factors include population, income levels, and other
demographics.
Deputy City Manager Jon Branson stated he would like to clarify that the rest of Council is ok
to move forward with the way it is submitted.
Council stated yes.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
' Motion Passed 5 to 0.
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MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
Council adjourned into Executive Session under Texas Government Code at 7:30 p.m. I to discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 - Consultation with City Attorney — Regarding
potential litigation associated with public utilities.
Council returned from Executive Session at 7:57 p.m.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 7:58 p.m.
Minutes approved as submitted and/or corrected this the 13th day of July, A.D., 2015.
Tom Reid
Mayor
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