HomeMy WebLinkAbout2015-10-26 CITY COUNCIL REGULAR MEETING MINUTES MINUTES 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 Tom Reid
Mayor Pro-Tern 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; 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 ConventionNisitors 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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CONSENT AGENDA.
All items listed under the "Consent Agenda" are considered to be routine and require little or
no deliberation by the City Council. These items will be enacted/approved by one motion
unless a councilmember requests separate action on an item, in which event the item will be
removed from the Consent Agenda and considered by separate action (VL matters removed
from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation.
A. Consideration and Possible Action —Approval Of Minutes
1 Minutes of the September 14, 2015 Regular Meeting minutes held at 6 30
pm
2 Minutes of the September 21, 2015 Regular Meeting minutes held at 6 30
pm
3 Minutes of the September 28, 2015, Joint Public Hearing held at 6 30 p m
B. Consideration and Possible Action — The reappointment of Shari Coleman to
Position No 3, with the term expiring November 1, 2018 and reappointment of
Cynthia Rothermel to Position No 4 with the term expiring November 1, 2018 and
the appointment of Ron Fraser to Position No 2 with the term expiring November
1, 2016 to serve on the Animal Shelter Advisory Committee
C. Consideration and Possible Action — Ratify the City Manager's reappointment of
James Gilbert, to Position No 3 to serve on the Civil Service Commission for a 3-
year term expiring November 1, 2018
D Consideration and Possible Action — The reappointment of Gary Shepherd to
Position No 3 with the term expiring November 1, 2018, and reappointment of Teir
Allender to Position No 4 with the term expiring November 1, 2018 to serve on the
Convention and Visitor's Bureau Advisory Board
E. Consideration and Possible Action — The reappointment of Tom Pool to Position
No 1 with the term expiring November 1, 2017 reappointment of Tony Carbone to
Position No 3 with the term expiring November 1, 2017 and the reappointment of
Tom Reid to Position No 5 with the term expiring November 1, 2017 to serve on
the Development Authority of Pearland Board
F Consideration and Possible Action — The reappointment of Mike Besser to
Position No 1 with the term expiring November 1, 2020, to serve on the Gas and
Plumbing Board
G. Consideration and Possible Action — The reappointment of Roshanda Cayette-
Contreras to Position No 6 with the term expiring November 1, 2018, to serve on
the Library Board
H. Consideration and Possible Action — The reappointment of Buck Stevens to
Position No 2 with the term expiring November 1, 2018 to serve on the Parks,
Recreation and Beautification Board
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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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Pearland, TX), Conditional Use Permit Application No 2015-09, within the
Neighborhood Services (NS) zoning district, at the request of C Davis Wilson,
applicant; on behalf of Ybarra Investments, Inc., owner; containing a savings
clause, a severability clause, and an effective date and other provisions related to
the subject.
O Consideration and Possible Action — Second and Final Reading of Ordinance
No. 2000M-137 —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 6 acre tract of land in the H T & B R.R. Co Survey, Section 80 (A.K.A) the J S
Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor
Plat of Ridge Rock Commercial Site No 1, a Subdivision in Brazoria County,
Texas, according to the map or plat thereof recorded in Document No
2009028465 of the Official Public Records of Brazoria County, Texas, (generally
located on the south side of Broadway Street, east of the Shadow Creek High
School entryway, Pearland, TX), Zone Change 2015-08Z, a request of CDA
Architects, applicant; on behalf Deborah Cabrera and William John Walsh, owner;
for approval of a change in zoning from the Planned Unit Development (PUD)
zoning district to the General Business (GB) zoning district; on approximately
4 6 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.
P Consideration and Possible Action — Excuse the absence of Councilmember
Tony Carbone from the Regular Council Meeting held on October 12, 2015
Q. Consideration and Possible Action — Resolution No. 2015-192 —A Resolution of
the City Council of the City Pearland, Texas, awarding the purchase of an
ambulance through H-GAC Cooperative Purchasing Contract, from Knapp
Chevrolet in the amount of$146,525 00
R. Consideration and Possible Action — Resolution No. R2015-193 —A Resolution
of the City Council of the City of Pearland, Texas, renewing a bid for
HVAC/Refrigerator Systems preventative maintenance services with The Lee
Thompson Company, in the estimated amount of $99,000 00, beginning November
1, 2015 through October 31, 2016
S Consideration and Possible Action — Resolution No. R2015-191 —A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for the supply of
traffic signs and related materials to Smith Municipal Supply in the estimated
amount of $100,000 00, for the period of October 27, 2015 through October 26,
2016
T Consideration and Possible Action — Resolution No. 2015-185 — A Resolution
of the City Council of the City of Pearland, Texas, renewing a bid for custodial
services associated with City Facilities with C & S Janitorial Services, in the
estimated amount of $161,389 00, beginning October 15, 2015 through October
14, 2016
I
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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
Page 5 of 9— 10/26/2015
Council Action — Resolution No. R2015-142 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract for construction management, construction inspection and
material testing services with HDR, Inc., in the amount of $1,207,897 30 for services associated with
the Bailey Road Expansion Project.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to approve
Resolution No R2015-142
Clay Pearson City Manager stated after long work, planning, and design for a major land acquisition
of road improvements of Bailey Road, bringing that lane to a two lane in each direction major storm
water improvement. The work has been stared on the west end of the project and as the work is
carried on there will be a need for construction inspection services and material testing services
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux and Hill
Voting "No" None
Motion Passed 5 to 0
Council Action — Resolution No. R2015-188 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for the construction of the Trail at John Hargrove Environmental
Complex Project to Excel Paving, LLC, in the amount of$458,072.64
Councilmember Reed made the motion, seconded by Councilmember, Moore to approve Resolution
No R2015-188
Clay Pearson City Manager stated Staff is looking forward to getting started on this project as well
This is a pathway along the Trail at John Hargrove Environmental Complex and Storm Water basins
south of Magnolia. These trails, and pathways have always come up in the Citizen Surveys, and on
inquiries At this time the City has been able to secure grants and work with Brazoria County at this
time we move to recommend this construction contract.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed and Moore
Voting "No" None
Motion Passed 5 to 0
Council Action — Resolution No. 2015-187 —A Resolution of the City Council of the City of Pearland,
Texas, appointing one (1) representative and one (1) alternate to the Houston-Galveston Area Council
2016 General Assembly and Board of Directors
Councilmember Moore made the motion, seconded by Mayor Pro-Tern Carbone, to approve
Resolution No R2015-87 as amended
Mayor Pro-Tern Carbone moves to amend the motion Seconded by Councilmember Reed to appoint
Mayor Reid as the Representative and Councilmember Greg Hill as the Alternate to serve on the
Houston-Galveston Area Council 2016 General Assembly and Board of Directors
Mayor Reid stated the Houston-Galveston Area Council is a great organization that gives a lot of
support and contributions to our roadways and parks Mayor Reid stated he has been serving on this
board as the representative and Councilmember Hill has been serving as the alternate, and he
appreciate the confidence and the opportunity to represent and to be reappointed to these positions
Page 6 of 9— 10/26/2015
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 Moore inquired about the possibility of working with Harris County to do the portion
from Brazoria County to the Beltway
Director of Public Works Eric Wilson stated that Mykawa Street is approved for the widening
Assistant City Manager Trent Epperson stated there will be a small gap between now and when the
funding is available He also stated that staff will take a closer look into the jurisdiction of the specific
area being addressed
Discussion ensued between Council, Director of Public Works Eric Wilson, and Assistant City
Manager Trent Epperson regarding work the County typically does in cities within the county and the
manner in which the streets will be prioritized for rehabilitation
Mayor Reid thanked Brazoria County, welcomed Commissioner Stacy Adams for attending the
Council meeting and for working with the City
Councilmember Hill also thanked Commissioner Stacy Adams for doing a fantastic job for the City
He also thanked Staff for their hard work and for working out the Interlocal Agreement.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed and Moore
Voting "No" None
Motion Passed 5 to 0
Council Action — Resolution No. R2015-190 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for asphalt paving services associated with the Orange Street,
(S H 35 to Old Alvin Road) Paving Project to AAA Asphalt Paving, in the amount of$491,135 00
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to approve
Resolution No R2015-190
City Manager Clay Pearson stated the scope of this project is to provide utility work and the
resurfacing along Orange Street from South Highway 35 to Old Alvin Road The City has gone out for
bids and the lowest one being AAA Asphalt Paving At this time the Council is being asked for
approval of awarding this bid for asphalt paving services associated with the Orange Street S H 35 to
Old Alvin Road.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux and Hill
Voting "No" None
Motion Passed 5 to 0
Council Action — Resolution No. 2015-194 — A Resolution of the City Council of the City of
Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain
property; 1747 square feet of land (5' utility easement), 3494 square feet of land (10' water/sewer
easement) and 3494 square feet of land (road right-of-way), located in the James Hamilton Survey,
A-876, Harris County, Texas, out of the 5 0530 acre tract, from First Interstate bank of Texas to
Sterling W McQueen, D B.A. FAMCO, recorded under file no L978459 in the Official Public Records
of Real Property of Harris County, Texas, and out of lots 37 '/2 and 44, of Block F, in the subdivision,
Allison Richey Gulf Coast Home Company Subdivision, recorded in Volume 3, Page 40, for the
construction and maintenance of utility, water/sewer and road improvements on certain real property
described herein, authorizing the city attorney, or his designee, and other city officials to take such
actions as are necessary to acquire said property, located within the city, by donation, purchase, or
by the exercise of the power of eminent domain
Page 8 of 9— 10/26/2015
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, AD , 2015
L "N-)(/Yrr
Tom Reid
Mayor
ATTEST
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Page 9 of 9— 10/26/2015