2015-10-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 26, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Tony Carbone
Derrick Reed
Gary Moore
Keith Ordeneaux
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; Roland Garcia Fire Marshal; Chris Orlea Director of Parks and Recreation;
Michelle Graham Director of Human Resource; Lata Krishnarao Director of Community Development;
Kim Sinistore Executive Director of the Convention/Visitors Bureau; Daniel McGhinnis Chief
Information Officer; Eric Wilson Public Works Director; John McCarter Management Assistant;
Sparkle Anderson Communications Manager; Skipper Jones Assistant Director of Capital Projects;
The invocation was given by Councilmember Ordeneaux and the Pledge of Allegiance was led by
Police Chief Chris Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, Reed, Ordeneaux, and
Hill.
CITIZEN COMMENTS:
Ron Dunklee, 4001 Oak Point, President of the Pearland Youth Lacrosse Team addressed Council
and stated it has been an honor to be a part of the Hickory Sloughs Sports Complex opening. Mr.
Dunklee shared that the Lacrosse team has grown from 14 players in 2009, to 233 players and (12)
teams this year. Without things like the Sport Complex and the vision to have them these things
would not be possible. He thanked the Council, the City and the Staff for making it happen.
Lance Foss 1409 O'Day RD., addressed Council and stated he recently visited Austin to speak to the
Texas Workforce Commission and he also took a Capitol tour. Mr. Foss read the United States
Constitution Bill of Rights Section No. 19 "No citizen of this state shall be deprived of life, liberty,
property, privileges, or immunities, or in any manner disenfranchised except by the due course of law
of the land. He further stated it is in his opinion that unemployment is disenfranchisement.
PUBLIC HEARING: None
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I. Consideration and Possible Action — The reappointment of Dr. Hugh Patton to
Position No. 1 with the term expiring November 1, 2017, reappointment of Rushi
Patel to Position No. 3 with the term expiring November 1, 2017, the appointment
of Reid Wendell to Position No. 5 with a term expiring November 1, 2017 and the
reappointment of Lucy Stevener to Position No. 7 with a term expiring November 1,
2017 to serve on the Pearland Economic Development Corporation Board of
Directors.
J. Consideration and Possible Action — The reappointment of Rubye Jo Knight to
Position No. 6 with the term expiring November 1, 2017 to serve on the Tax
Increment Reinvestment Zone No. 2.
K. Consideration and Possible Action — The reappointment of Mark Lewis to
Position No. 2 with the term expiring November 1, 2017 reappointment of Nita
Griffin to Position No. 4 with the term expiring November 1, 2017 reappointment of
Jerry Acosta to Position No. 5 with the term expiring November 1, 2017 and the
reappointment of John Gehring, Jr. to Position No. A2 with the term expiring
November 1, 2017 to serve on the Zoning Board of Adjustments.
L. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 1520 —An Ordinance of the City Council of the City of Pearland, Texas authorizing the
issuance of 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 (principal amount to be refunded not to
exceed $15,000,000), the interest rate, price, and terms thereof and certain other
procedures and provisions.
M. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 2000M-136 - 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 1.698 acre tract of land situated in the W.D.C. Hall League, Abstract No. 70,
within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2
in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48
of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview
Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume
7, page 5, Public Records, Brazoria County, Texas, (generally located South of
Broadway Street Between East Circle and West Circle Drive, Pearland, TX),
Zone Change 2015-07Z, a request of C. Davis Wilson, applicant; on behalf of
Ybarra Investments Inc., owner; for approval of a change in zoning from the Single
Family Residential — 1 (R-1) zoning district to the Neighborhood Services
(NS) zoning district; on approximately 1.698 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.
N. Consideration and Possible Action — Second and Final Reading of Ordinance
No. CUP 2015-09 — An Ordinance of the City Council of the City of Pearland,
Texas, approving a Conditional Use Permit (CUP) to allow for a restaurant,
Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the
City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4
of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat
Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision,
recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5,
Public Records, Brazoria County, Texas. (Located at 2202 Broadway Street,
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Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to adopt Consent
Agenda Items A through T 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:
Second and Final Reading of Ordinance No. 2000M-134 — 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 79.16 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 2015-05Z, 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 (PD) known as Baker's Landing; on approximately 79.16 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 Ordeneaux made the motion, seconded by Councilmember Moore, to approve
Ordinance No. 2000M-134 on its Second and Final Reading.
Johnathan Woodrow, 14100 Southwest Freeway Suite 500, Sugar Land, Texas, DR Horton
Developer for Baker's Landing thanked Council and Staff for the process that Baker's Landing
Developers have gone through creating a plan that addresses many different ideas that come from
people all over the City. He stated this development is a classic project for the City of Pearland. Mr.
Woodrow made himself available for answer any questions as they may come up as this item is
discussed.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to
Council for approval of the Zone Change 2015-05Z.
City Manager Clay Pearson stated this is a review process of Council Workshops, Public Hearings,
and staff reviews. The project has received a positive recommendation when it was presented to
Council previously, and the information provided to Council does conform with that approval.
Mayor Reid asked for elaboration on the specific level of homes DR Horton will be constructing.
Johnathan Woodrow, DR Horton Developer stated the question has come up as to whether DR
Horton plans to build a certain brand of homes called Express Homes. He stated it has been
confirmed that the Express Homes will not be the product built. The construction will include the
classic name of the DR Horton product which will include Signature Plans.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone and Reed.
Voting "No" Councilmembers Ordeneaux and Moore.
Motion Passed 3 to 2.
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Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed and Moore.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a vote on the original motion as amended.
Councilmember Moore made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-187.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed and Moore.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1286-2- An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 14, Article III, Junked Vehicles, of the City Of Pearland Code Of
Ordinances; having a savings clause, a severability clause, and a repealer clause; providing for
publication, codification, and an effective date.
Councilmember Hill made the motion, seconded by Councilmember Moore, to approve Ordinance
No. 1286-2 on its First Reading.
City Attorney Darrin Coker stated this item is to amend the current Junked Vehicle Ordinance. The
Ordinance is being modified in accordance with state law to accommodate the new definition of going
to a One Sticker system for cars. The cars are no longer required a registration sticker and
inspection sticker. Modification of the ordinance is needed to meet those changes.
Discussion ensued City Attorney Darrin Coker and Council regarding the definition of the junked
vehicle and the time period of a junked vehicle on private property along with the dates of
enforcement.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. 2015-189 — 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 certain road overlay projects.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2015-189.
City Manager Clay Pearson stated part of the City's annual budget process is an annual road
maintenance program. In addition to road construction the City needs to maintain the roads and has
been able to do so with cooperation from Brazoria County. The scope of this agreement is Brazoria
County will provide the labor, equipment, and the City will provide some of the monies and material.
There is a list of potential streets that are being looked at to determine how much will get
accomplished with Brazoria County. This is an Interlocal Agreement with Brazoria County to
rehabilitate some of the neighborhood streets.
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Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Resolution
No. R2015-194.
City Attorney Darrin Coker stated this is for the Hooper Road project the City is getting ready to
endeavor on. It is anticipated to be awarding a bid sometime early next year and this is the only
piece of property yet to be acquired. The City has been in negotiations with the property owner and is
optimistic about getting it resolved. In the meantime this needs to be adopted by Council in order to
initiate the process and file the petition to be ready when the time comes to award the bid.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed and Moore.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:15 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.074 – Personnel Matters – Regarding appointments to the
City's various Boards and Commissions.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:03 p.m.
No Council Action – Regarding appointments to the City's various Boards and Commissions.
ADJOURNMENT
Meeting was adjourned at 8:04 p.m.
Minutes approved as submitted and/or corrected this the 7th day of December, A.D., 2015.
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