2015-07-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JULY 13, 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 6:35 p.m. with the following present:
Mayor Tom Reid
Mayor Pro -Tem Tony Carbone
Councilmember Derrick Reed
Councilmember Gary Moore
Councilmember Keith Ordeneaux
Councilmember Greg Hill
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Young Lorfing
Others in attendance: Claire Bogard Director of Finance, Jon Branson Deputy City Manager,
J.C. Doyle Police Chief; Trent Epperson Assistant City Manager, Michelle Graham Interim
Director of Human Resource; Chris Orlea Interim Director of Parks and Recreation, Lata
Krishnarao Director of Community Development, Sue Polka Director of Engineering, Eric
Wilson Public Works Director; Sparkle Anderson Communications Manager; Joel Hardy Grants
Coordinator, Skipper Jones Assistant Director of Capital Projects; Richard Mancilla Assistant
City Engineer, Daniel McGhinnis Chief Information Officer; Bob Pearce Purchasing Officer.
The invocation was given by Derrick of Troop 446 and the Pledge of Allegiance was led by
Josh of Troop 446.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, Reed,
Ordeneaux, and Hill.
Mayor Reid stated members of the Bay Area Council Boy Scout Troop 446 are present so they
can receive their Citizen in the Community Badge for attending the Pearland City Council
Meeting.
CITIZEN COMMENTS
Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regarding
Baker's Landing and the noise it will create, the poor sound quality of the televised Council
meetings, and the lack of Code Enforcement Officers to keep up with the growth of Pearland.
He stated the grass and weeds are getting taller and out of control.
Richard Skotak, 3010 Ravensport Drive, addressed Council stating his concerns of the mobility
on Highway 288. He further stated people are moving to Houston because they do not want to
be stuck in traffic. With that happening Pearland is losing good citizens, tax revenue, the land
and home value's start going down, and he does not want to see that happen. He would like to
see a Park & Ride near Highway 288, buses or something to help with the traffic and
transportation.
Mayor Reid stated Metro could not put a Park & Ride in that location because it was outside of
their service area so they backed out.
PUBLIC HEARING: None
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CONSENT AGENDA:
A. Consideration and Possible Action — Approval Of Minutes:
1. Minutes of the June 8, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the June 22, 2015, Special Meeting, held at 6:00 p.m.
B. Consideration and Possible Action — Regarding Excuse the absence of
Councilmember Gary Moore from the Regular Council Meeting held on June
22. 2015.
C. Consideration and Possible Action — Resolution No. R2015-115 — A
Resolution of the City Council of the City of Pearland, Texas, renewing a bid
with the Pearland Journal for the official newspaper of record for publishing
City legal notices in the estimated amount of $20,000.00 for the period of July
24, 2015 to July 23, 2016.
D. Consideration and Possible Action — Resolution No. R2015-117 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for Emergency Debris Management Services to Ceres Environmental
Services, Inc. as the primary vendor and CrowderGulf as the secondary
vendor, for the period of August 1, 2015 through July 31, 2016.
E. Consideration and Possible Action — Resolution No. R2015-120 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Jacobs Project Management Co., in the amount of $70,000.00,
for construction management and construction inspection associated with the
Longwood Service Area Phase II Project.
F. Consideration and Possible Action — Resolution No. R2015-121 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing an
amended engineering services agreement, associated with the Max Road
Expansion Project, with Klotz Associates, Inc., in the additional amount of
$64,534.92.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to adopt
Consent Agenda Items A through F as presented on the Consent Agenda.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
Council Input and Discussion — Update from Dr. Staples, President University of Houston -
Clear Lake regarding University of Houston Pearland's growth and development.
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President of the University of Houston -Clear Lake Dr. Staples gave a presentation of the
University of Houston Pearland's growth and development.
First Reading of Ordinance No. CUP 2015-07 — An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Microbrewery
Facility, Being a 1.0699 acre tract of land out of Lot 1, Block 1 of Rice Drier Road
Development subdivision as recorded in Plat 2015009262 of Brazoria County Plat Records,
Brazoria County, Texas and being situated in the H.T. & B.R.R Co. Survey, Abstract 232,
Brazoria County, Texas. (Located at the 4000 Block of Rice Drier Rd., Pearland, TX),
Conditional Use Permit Application No 2015-07, within the Light Industrial (M-1) zoning district,
at the request of Valle Kauniste, applicant and owner; containing a savings clause, a
severability clause, and an effective date and other provisions related to the subject.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Carbone, to
approve Ordinance No. CUP 2015-07 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Conditional Use Permit (CUP) Application No. 2015-07.
City Manager Clay Pearson reported the applicant is requesting approval of a Conditional Use
Permit (CUP) to allow for a Microbrewery Facility located in the Light Industrial (M-1) district on
approximately 1.069 acres located at approximately 4111 Rice Drier Road.
Discussion ensued between Council and Director of Community Development Lata Krishnarao
regarding Staff recommended conditions.
Mayor Pro -Tem Carbone asked if the applicant was ok with these conditions.
Applicant and owner Valle Kauniste stated he is ok with the conditions
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. CUP 2015-08 — An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Wireless
Communications Tower, Being Lot 9 in Block "P" of Allison Richey Gulf Coast Home Co.
Survey and part of Suburban Gardens, a subdivision in Harris County, Texas according to the
map or plat thereof recorded in Volume 3, Page 40 of the map records of Harris County,
Texas, save and except the westerly ten feet (10') conveyed to the county of Harris for the
widening of Hooper Road in instrument recorded in Volume 988, Page 715 of the deed records
of Harris County, Texas. (Located at 15115 Hooper Road, Pearland,TX), Conditional Use
Permit Application No 2015-08, within the Spectrum -3 (SP3) zoning district, at the request of
Christine Lewis, authorized agent for Verizon Wireless, applicant, on behalf of Susie M.
Lorance, owner; containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Ordeneaux, to
approve Ordinance No. CUP 2015-08 on its First Reading.
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Mayor Reid read into the record the Planning and Zoning Commission's recommendation to
forward to Council for approval of a Conditional Use Permit (CUP) Application No. 2015-08.
City Manager Clay Pearson reported the applicant is requesting approval of a Conditional Use
Permit (CUP) to allow for a new Cellular Telecommunications Tower located in the Spectrum
District — 3.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1506-3 — An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1506-2, the 2014-2015 Annual Budget Ordinance,
authorizing the City Manager or his designee to take all actions necessary to facilitate the
changes identified herein, providing a savings clause, a severability clause, a repealer clause,
and an effective date.
Councilmember Reed made the motion, seconded by Councilmember Moore, to approve
Ordinance No. 1506-3 on its First Reading.
Lance Foss, 1409 O'Day Road #57, addressed Council stating he has concerns regarding
Ordinance No. 1506-3. He stated it undermines the yearly budget process. He further stated
his concerns regarding over spending, new or vacant positions are budgeted and not filled,
street assessment, sidewalks, Hotel/Motel spending, and the delay to open a new fire station.
City Manager Clay Pearson reported Council is being asked for approval of the revised budget
for the 2014/2015 fiscal year based on fiscal year 2015 year-end projections. The revised
budget is based on revenue and expenditure projections for the fiscal year completed as part
of the fiscal year 2016 budget process.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2016-116 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing publication of notice of intention to issue Certificates of
Obligation, in an aggregate principal amount not to exceed $5,220,000, for the acquisition,
construction and improvement of certain public works, authorizing distribution of a preliminary
official statement relating to such series of certificates and authorizing certain other matters
relating thereto.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2015-116 as amended. J
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City Manager Clay Pearson reported Council is being asked to authorize publication of notice
of intention to issue Certificates of Obligation, in an aggregate principal amount not to exceed
$5,220,000, for the acquisition, construction and improvement of certain public works,
authorizing distribution of a preliminary official statement relating to such series of certificates
and authorizing certain other matters relating thereto.
BOSC, Inc. Financial Advisor John Robuck gave an overview of the Certificates of Obligation,
Series 2015 and Permanent Improvement Bonds, Series 2015.
Discussion ensued between Council and Director of Finance Claire Bogard regarding the
smaller projects to be paid with funds on hand instead of issuing debt.
Mayor Pro -Tem Carbone stated he would like to see the City pay for the smaller projects with
funds on hand. He stated the City can issue Certificates of Obligation in the future if and when
funds are needed.
Mayor Reid stated he would like to keep the funds on hand because it being hurricane season,
and we are to think of the safety and welfare of the community. He stated if the City is hit by a
hurricane, the City would have to borrow funds.
Councilmember Ordeneaux stated he can see both sides, but he is leaning towards what staff
is proposing. He stated he does not want to be in the position that the City will have to pull
some reserve funds to pay the City's part of matching funds.
Councilmember Hill stated in principal Mayor Pro -Tem Carbone makes sense.
Mayor Pro -Tem Carbone amended the motion, seconded by Councilmember Hill to issue
Certificates of Obligation, in an aggregate principal amount not to exceed $4,860,000.
Voting "Aye" Councilmembers Reed, Carbone and Hill.
Voting "No" Councilmembers Ordeneaux and Moore.
Motion Passes 3 to 2.
Director of Finance Claire Bogard stated this drops off Shadow Creek Ranch Trail, Green Tee
Trail, Orange Street Service Center and Fire Station #3.
Mayor Pro -Tem Carbone clarified the motion stating four of the projects will not be paid with
Certificates of Obligation but with the Capital Improvement Program funds, pay as you go. He
further stated this is still moving forward with all the projects, the City will not be issuing debt,
but will pay with funds on hand.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye' Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1.
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Council Action — Resolution No. R2015-119 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for construction of the Tom Bass Park Waterline Project to
Alcott, Inc., in the amount of $453,635.00.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2015-119.
Councilmember Ordeneaux left the Chambers at 7:35 p.m.
City Manager Clay Pearson reported Council is being asked to award a bid for construction of
the Tom Bass Park Waterline Project to Alcott, Inc. in the amount of $453,635.00.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" None.
Motion Passed 4 to 0. with Councilmember Ordeneaux absent from the Chambers.
Councilmember Ordeneaux returned to the Chambers at 7:38 p.m
Council Action — Resolution No. R2015-118 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into a Lease
Agreement with Webber, LLC for the use of City property (lay down yard/concrete batch plant)
associated with the County Road 48 Widening Project from CR894 to Broadway Street. ]
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Hill, to approve J
Resolution No. R2015-118.
City Manager Clay Pearson reported Council is being asked for approval to enter into a Lease
Agreement with Webber, LLC for the use of City property (lay down yard/concrete batch plant)
associated with the County Road 48 Widening Project from CR894 to Broadway Street.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1514 — An Ordinance of the City Council of the City of
Pearland, Texas, approving a settlement agreement between the Texas Coast Utilities
Coalition of Cities and Centerpoint Energy Resources Corp., d/b/a Centerpoint Entex and
Centerpoint Energy Texas Gas regarding the company's statement of intent to change gas
utility rates in its Texas coast division; declaring existing rates to be unreasonable; denying
Centerpoint's proposed increase; adopting tariffs that reflect rate adjustments consistent with
the settlement agreement and finding the rates to be set by the attached tariffs to be just and
reasonable; finding the City's rate case expenses reasonable; directing Centerpoint to
reimburse the City its reasonable rate case expenses; determining that this ordinance was
passed in accordance with the requirements of the Texas Open Meetings Act; declaring an
effective date; repealing any prior resolutions or ordinances inconsistent with this ordinance
and requiring delivery of this ordinance to the company and legal counsel.
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Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Ordeneaux, to
approve Ordinance No. 1514 on its First Reading.
City Attorney Darrin Coker reported that the Texas Coast Utilities Coalition's Counsel and
Consultant recommended that the City deny CenterPoint's proposed increase of $7.2 million
but approve the proposed Settlement, which increases CenterPoint's annual revenue by $4.9
million and will resolve some pending cases.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None,
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 7:42
p.m.to discuss the following.
1. Section 551.074 - Personnel Matters - Regarding appointments to the
City's various Boards and Commissions.
2. Section 551.074 - Personnel Matters - Regarding recent interim
appointments to both Human Resources and Parks Department.
NEW BUSINESS:
Council returned from Executive Session at 8:45 p.m.
Council Action - Regarding appointments to the City's various Boards and Commissions.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Carbone to appoint Troy
Pradia and Derrel Isenberg to the Planning and Zoning board, terms expiring November 1,
2016. Gary Shrum to the Zoning Board of Adjustments, term expiring November 1, 2017 and
Goray Mookerjee to the Electrical Board, term expiring November 1, 2017.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 8 - 7/13/2015
ADJOURNMENT
Meeting was adjourned at 8:47 p.m.
Minutes approved as submitted and/or corrected this the 241h day of August, A.D., 2015.
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Tom Reid
Mayor
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