Loading...
2015-11-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 9, 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 Tony Carbone Councilmember Gary Moore Councilmember Derrick Reed - 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; Kevin Byal Building Official; J.C. Doyle Police Chief: Trent Epperson Assistant City Manager; Roland Garcia Fire Marshal; Chris Odea Director of Parks and Recreation; Michelle Graham Director of Human Resource; Lata Krishnarao Director of Community Development; Frankie Legaux City Planner; Sue Polka Director of Engineering; Vance Riley Fire Chief; Eric Wilson Public Works Director, Sparkle Anderson Communications Manager; Skipper Jones Assistant Director of Capital Projects; Michael Leech Assistant Director Public Works; Richard Mancilla Assistant City Engineer; Daniel McGhinnis Chief Information Officer; Bob Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney; Jennifer Huhn Court Administrator. The invocation was given by Mayor Pro -Tem Tony Carbone and the Pledge of Allegiance was led by Police Chief Chris Doyle. ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Reed, Moore, Ordeneaux and Hill. CITIZEN COMMENTS: Beth Johnson, 1921 Winding Creek, addressed Council thanking them for providing the Knapp Activity Center. It is a great place for seniors, It keeps us healthy mentally, and physically. Ms. Johnson commented that Lety Castillo is doing a great job of running the center. She further stated that she is very blessed to have the center and appreciates all that Council has put into keeping it open for the seniors. Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regarding the vote passed on Bakers Landing not knowing if the Planning Department approved everything. He stated his concerns regarding three new Planning and Zoning members that voted for this when they have never attended a Planning and Zoning meeting. He further staled his concerns regarding flooding on FM 518 west of Corrigan. The residents that have been paying their taxes for many years need to be taken care of. tPUBLIC HEARING: None Page 1 of 11 — 11/9/2015 CONSENT AGENDA: ' A. Consideration and Possible Action — Approval Of Minutes: 1. Minutes of the October 12, 2015 Regular Meeting minutes held at 6:30 p.m. B. Consideration and Possible Action — Second and Final 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. C. Consideration and Possible Action — Resolution No. R2015-200 — 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 Fort Bend County associated with road improvements at the intersection of FM 2234 and FM 521. D. Consideration and Possible Action— Resolution No. R2015 -199—A Resolution of the City Council of the City of Pearland, Texas, amending a fixed unit rate contract for building plan review and inspection services with Mikayla Architects, not to exceed the maximum amount of $180,000.00 and extending the expiration of the contract to September 30, 2016. E. Consideration and Possible Action — Resolution No. R2016-203 —A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or ' his designee to enter into an amended Letter Financing Agreement with the Lower Kirby Pearland Management District and an amended Reimbursement Agreement with the Pearland Economic Development Corporation associated with the Kirby Ditch Improvement Project. F. Consideration and Possible Action — Resolution No. R2015-204 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Letter Financing Agreement with the Lower Kirby Pearland Management District and a Reimbursement Agreement with the Pearland Economic Development Corporation associated with the design and construction of the North Spectrum Traffic Signal, G. Consideration and Possible Action — Resolution No. R2015-205 —A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement with the Pearland Economic Development Corporation associated with the construction of the Lower Kirby Underground Electrical Phase III. H. Consideration and Possible Action — Resolution No. R2015-196 — A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax-exempt permanent improvement bonds, certificates of obligation, and water/sewer bonds. I. Consideration and Possible Action — Resolution No. R2015 -195—A Resolution ' of the City Council of the City of Pearland, Texas declaring intention to reimburse expenditures from future capital lease proceeds or from other financing sources. Page 2 of 11 - 11/9/2015 J. Consideration and Possible Action - Resolution No. R2015-197- A Resolution ' of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas BuyBoard for the purchase of fitness equipment from Marathon Fitness and Com -Fit in the amount of $286,575.65. K. Consideration and Possible Action - Resolution No. 2015-202 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for waste water polymer with Fort Bend Services at a unit cost of $571.50 per drum, in the estimated amount of $115,000.00 beginning November 15, 2015 through November 14, 2016. L. Consideration and Possible Action - Resolution No. 2015-198 - A Resolution of the City Council of the City of Pearland, Texas, renewing a bid for large water meter testing and minor repair services with Southern Flowmeter, Inc. in the estimated amount of $115,356.00 for the period beginning November 11, 2015 through November 12, 2016. M. Consideration and Possible Action - The appointment of Tammy McLain to Position No. 3 with the term expiring November 1, 2018 to serve on the Library Board. N. Consideration and Possible Action - The appointment of Jessica Fernandez to Position No. 1 with an unexpired term expiring November 1, 2016 and the ' appointment of Sean Ennis to Position No. 7 with the term expiring November 1, 2018 to serve on the Parks, Recreation and Beautification Board. Mayor Pro -Tem Carbone asked that Consent Agenda Items I and J be removed from the Consent Agenda for further discussion. Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to adopt Consent Agenda Items A through N with the exception of Items I and J as presented on the Consent Agenda. Councilmember Moore amended the motion, seconded by Councilmember Ordeneaux to remove Item H as presented on the Consent Agenda. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed. and Moore. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. ' Motion Passed 5 to 0. Page 3 of 11 - 11/9/2015 MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Carbone Consent Agenda Items H, I and J was removed for further discussion. H. Consideration and Possible Action — Resolution No. R2015-196 — A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax-exempt permanent improvement bonds, certificates of obligation, and water/sewer bonds. Councilmember Hill made the motion, seconded by Councilmember Moore, to approve Resolution No. R2015-196, City Manager Clay Pearson reported the fiscal year 2016 adopted budget included funding appropriations for capital projects to be financed or partially financed through the issuance of debt. The fiscal year 2016 budget includes Permanent Improvement Bonds to be sold in the amount of $21,822,405, Certificates of Obligation to be sold in the total of $12,618,805 and Water/Sewer Revenues Bonds total $4,840,415, excluding bonds to be sold for the Far Northwest Treatment Plant through the Texas Water Development Board. Mayor Pro -Tem Carbone stated he does not like the fact that the City is moving along a path of issuing Certificates of Obligation in the amount of $5,224,831 for the City Hall Complex Renovation especially when the City still has the General Obligation debt and 2007 projects to be completed. Director of Finance Claire Bogard stated this is just an intent to reimburse. Council still has to approve the actual Bond sale as well as the Construction Contract of the project. This is just a step if the City . does go forward with the contract this is a way to get reimbursed. Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, and Hill Voting "No" Mayor Pro -Tem Carbone. Motion Passed 4 to 1. 1. Consideration and Possible Action — Resolution No. R2016-195 — A Resolution of the City Council of the City of Pearland, Texas declaring intention to reimburse expenditures from future capital lease proceeds or from other financing sources. Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2015-195. City Manager Clay Pearson reported the fiscal year 2016 operating budget included the replacement of a fire ladder truck ($1.0 million) anticipated to be financed through capital lease proceeds as well as the replacement of exercise and weight room equipment ($300,000) at the Recreation Center via financing. The fire truck will be financed with capital lease proceeds with remaining equipment anticipated to be funded with cash. The Parks Department had anticipated looking to the vendor to provide the financing of the Recreation Center equipment, however the City is researching financing options to ensure the City is getting the best interest rates. Discussion ensued between Mayor Pro -Tem Carbone and Director of Finance Claire Bogard ' regarding the lease proceeds that have already been approved in the budget. Page 4 of 11 — 11/9/2015 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. ' Voting "No" None. Motion Passed 5 to 0. J. Consideration and Possible Action — Resolution No. R2015-197— A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas BuyBoard for the purchase of fitness equipment from Marathon Fitness and Com -Fit in the amount of $286,575.65. Councilmember Hill made the motion, seconded by Councilmember Ordeneaux to approve Resolution No. R2015-197. City Manager Clay Pearson reported the Recreation Center and Natatorium Fitness Center is currently utilizing the original Star -Trac & Quantum brand equipment purchased for opening in 2010. This equipment has begun, and continues, to fail at an increasing rale. After numerous repairs and durations of unavailable equipment, it is staff's recommendation to replace the equipment. Discussion ensued between Mayor Pro -Tem Carbone and Director of Parks and Recreation Chris Orlea regarding the 36 month lease is a turn around to maximize the lifespan of the equipment. As part of the lease purchase the vendor will buy back all cardio equipment at 20% allowing for an established cycle of updated and relevant fitness equipment. ' Voting "Aye" Councilmembers Reed, Carbone, Ordeneaux, and Hill. Voting "No" Councilmember Moore, Motion Passed 4 to 1. NEW BUSINESS: First Reading of Ordinance No. 2000M-139 — 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 3.850 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in Clerk's File No. 2010052506 in the Brazoria County Official Public Records, Brazoria County, Texas (generally located at 12216 Broadway Street, Pearland, TX), Zone Change 2015-10Z, a request of Arnold A Patterson, applicant; on behalf of Pearland New Harvest Christian Fellowship, Inc. owner; for approval of a change in zoning from the Single Family Residential — 1 (R-1) zoning districts to the Office Professional (OP) zoning district; on approximately 3 85 acres of land, providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective dale and other provisions related to the subject. Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Carbone, to approve ' Ordinance No. 2000M-139 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of the Zone Change 2015-10Z. Page 5 of 11 — 11/9/2015 City Manager Clay Pearson reported at the Public Hearing, City Council and the Planning and Zoning I Commission discussed that a compromise could be that the property be rezoned to Office Professional (OP) as opposed to the more intensive General Business (GB). Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, and Moore. Voting "No" Councilmember Reed. Motion Passed 4 to 1. First Reading of Ordinance No. 1521 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (area 1, approximately 242 acres of land generally located at north of Bailey Road, south of Arnold Drive, east of Kennedy Drive, and west of Manvel Road); approving a service plan for all of the area within such limits and boundaries; containing other provisions related to the subject; and providing a savings and severability clause. Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Reed, to approve Ordinance No. 1521 on its First Reading. City Planner Frankie Legaux gave an overview of the annexation of areas 1 and 2. David Draper, 4806 Arnold, addressed Council stating the annexation of area 1 is a community and the annexation is dividing the community into two sections. He further stated it should be annexed as ' a whole at the same time. He would like to see the completion of Bailey Road before the annexation. He would also like to see maps showing where the parks, pool and golf course will be located. He had questions regarding zoning, and stated his concerns regarding the Mayor and Council have not been listening to the people. Discussion ensued between Councilmember Hill and Assistant City Manager Trent Epperson regarding the Bailey Road project, water capacity and water lines going in at a future date. Discussion ensued between Councilmember Moore, City Planner Frankie Legaux and City Attorney Darrin Coker regarding the zoning for the annexation of areas 1 and 2. Discussion ensued between Mayor Pro -Tem Carbone and City Attorney Darrin Coker regarding water capacity and the plans to install water and sewer lines. Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. Page 6 of 11 — 1119!2015 ' First Reading of Ordinance No. 1522 — An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (area 2, approximately 242 acres of land generally located at south of Bailey Road, east of Manvel Road and west of Veterans Road); approving a service plan for all of the area within such limits and boundaries; containing other provisions related to the subject; and providing a savings and severability clause. Councilmember Reed made the motion, seconded by Mayor Pro -Tem Carbone, to approve Ordinance No. 1522 on its First Reading, City Manager Clay Pearson reported this is the first of two City Council readings for the possible Annexation of Area 2. This annexation area is located in Pearland Extraterritorial Jurisdiction (EJT), and includes approximately 230 acres of land generally located at south of Bailey Road, east of Marvel Road and west of Veterans Road. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. Motion Passed 5 to 0. Council Action — Resolution No. R2015-206 — A Resolution of The City Council of the City of Pearland, 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) Pierce aerial ladder truck from Siddons-Martin Emergency Group, in the total amount of $831,278.00. Councilmember Moore made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2015-206. City Manager Clay Pearson reported due to age and maintenance requirements, the City has budgeted for the FY2016 replacement of one current fire apparatus unit in the Fire Department's active fleet, a 2001 Emergency -One aerial ladder truck, City unit no. TH-120 with approximately 103,330 service miles. The Fire Department is recommending that the replaced ladder truck be utilized for an $85,000 trade-in allowance offered by the recommended vendor. Discussion ensued between Mayor Pro -Tem Carbone and Fire Chief Vance Riley regarding the trade-in value at a fair price. Mayor Pro -Tem Carbone asked if there is any other way to know for sure the trade-in value is a good and fair price. Purchasing Officer Bob Pearce stated the City could entertain an auction as the City would with surplus property. It would be of a very specialized nature reaching out in a large part to dealerships. It would prolong this purchase, but that is something the City could do. Mayor Pro -Tem Carbone stated he does not want to do anything to slow down this purchase, but in ' the future maybe the City can do something to be sure the trade-in value is a good price. Page 7 of 11 — 11/9/2015 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed.. and Moore. ' Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. 543-9 — An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 32 of the City of Pearland Code of Ordinances, Taxicabs, modifying requirements for the operation of Taxicabs within the city; providing a penalty for violation; having a savings clause, a severability clause, and a repealer clause; providing for codification, publication and an effective date. Councilmember Hill made the motion, seconded by Councilmember Moore, to approve Ordinance No. 543-9 on its First Reading. City Manager Clay Pearson asked Council for approval of amended changes to Ordinance 543-7 to improve taxi service within the City of Pearland city limits by decreasing the taxi permit fee for 2016, which may result in estimated increase in taxi permits by 10%. Councilmember Moore slated it is odd that a taxi cannot come into Pearland to pick up a person to take to Intercontinental, but the person can get a taxi at Intercontinental and they can come into Pearland to take the person home. He asked how similar is Pearland's Ordinance to surrounding Cities and when did the City put an Ordinance like this into effect. Police Chief J.C. Doyle stated the City's Taxi Cab Ordinance came into effect in 2009. The , problems with the boundary between Houston and Pearland are the rates are different. A taxi has only one meter and with the rates being different the taxi will be in violation in Pearland or in violation in Houston. Part of the requested changes tonight are to match the rates to Houston so there will not be a problem with boundary issues. Councilmember Reed asked besides the income what is the benefit of having a taxi cab driver obtain a permit from Pearland if they already have the inspection and permit with Houston. Police Chief J.C. Doyle stated the State of Texas tells the City what to inspect for with drivers and cabs. He further stated with the change in the Ordinance the City will be accepting the inspection from any Municipality that is following those regulations as well as the licensing of the driver. City Attorney Darrin Coker stated to obtain a permit from Pearland is similar to a franchise fee to operate and do business in Pearland. It is a means by which the City can monitor who is doing business in the City. Councilmember Ordeneaux stated the one cab company he has talked to is happy with the changes to the Ordinance. The permit fee is a cost of doing business. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. ' Motion Passed 5 to 0. Page 8 of 11 — 11/9/2015 Council Input and Discussion — Presentation and discussion concerning proposed 2015 ' International Codes, 2015 NFPA Life Safety Code and 2014 National Electrical Code. Building Official Kevin Byal and Fire Marshal Roland Garcia gave a presentation on the 2015 International Codes, 2015 NFPA Life Safety Code and the 2014 National Electrical Code. Discussion ensued between Council and Building Official Kevin Byal regarding the Energy Conservation Code and testing of the Occupant Sensor Controls. Mayor Pro -Tem Carbone asked for any litature showing how the IECC relates back to the ICC ratings. Council Input and Discussion — Presentation and discussion concerning School Zones. Director of Engineering Sue Polka gave a presentation concerning School Zones. Mayor Reid stated through school zones drivers seem to go five miles over the 25 speed limit and when children are walking to school and having to cross FM 518 it is still dangerous when drivers are turning right. Discussion ensued between Council and Assistant City Manager Trent Epperson regarding the cost of the school flashers and going out for bids. Councilmember Reed asked if the City or the School paid for the flashing school signs at Challenger Elementary School on Hughs Ranch Road, Assistant City Manager Trent Epperson stated because of the curve close to the school those flashing signs were moved from a previous location and placed there. Councilmember Ordeneaux stated he thinks the school districts should pay for the flashers and the City maintain them. Discussion ensued between Council and Assistant City Manager Trent Epperson regarding the Texas Department of Transportation (TxDOT) paid for most of the flashers in school zones in Peadand because they are on TxDOT roadways. Councilmember Reed stated he would like to see on Kingsley Drive where there are two schools on that street to take away the 40 miles per hour speed limit requirement and look at the traffic. He further stated he believes all the schools should have flashers. First Reading of Ordinance No. 1497-1 An Ordinance of the City Council of the City of Pearland, Texas, establishing school zone speed limits established for vehicles under the provisions of the Texas Transportation Code (extending certain times and limits), upon certain streets and highways, of parts thereof, within the corporate limits of the City of Pearland, as set out in this ordinance; and providing a penalty. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Ordinance No. 1497-1 on its First Reading. Page 9 of 11 — 11/9/2015 City Manager Clay Pearson reported City Council approved Ordinance No. 1497 establishing the School Zone speed limits within the City. Staff received a request from the Alvin Independent School ' District Police Department to change the school zone speed limit signs to coincide with elementary school hours which have been extended 15 minutes. Assistant City Manager Trent Epperson stated Staff can take a look if any additional signs need to be removed and regarding all the schools Staff can evaluate where all the signs are and crosswalks and make sure everything is in the right place. Discussion ensued between Council and Assistant City Manager Trent Epperson regarding lights and school zone signs at Eagle Heights Christian Academy, a private school are in the process of being moved. Voting "Aye' Councilmembers Moore, Reed, Carbone, Ordeneauz, and Hill. Voting "No" None. Motion Passed 5 to 0. MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS Councilmember Moore stated he would like to look into the flooding issues along Wagon Trail and the surrounding area to see what can be done. He stated he has received emails of Flooding of two businesses in that area. He further stated he has received phone calls regarding speeding in residential areas. What can the City do regarding speed bumps, humps or some kind of traffic slowing ' devices. The timing of traffic lights a problematic intersections, specifically at the railroad crossing at Walnut Street and FM 35. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:28 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 8:38 p.m. Council Action — Regarding appointments to the City's various Boards and Commissions. Councilmember Reed made the motion, seconded by Mayor Pro -Tem Carbone, to re -appoint Ginger McFadden to Position No. 5 on the Planning and Zoning Commission for a 3 year term and appoint David Selsky to Position No. 3 on the Planning and Zoning Commission for a 3 year term. Page 10 of 11 — 11/9/2015 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. ' Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 6:40 p.m. Minutes approved as submitted and/or corrected this the 25' day of January, A.D., 2016. Tom Reid Mayor ATTEST: Y ng VI o y Seq� ry '.' Page 11 of 11 — 11/9/2015 THIS PAGE LEFT BLANK INTENTIONALLY ,