2016-07-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JULY 25, 2016, 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
Absent: Councilmember Greg Hill.
Tom Reid
Gary Moore
Tony Carbone
Derrick Reed
Keith Ordeneaux
Trent Perez
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Deputy City Manager; J.C. Doyle Police Chief; Trent
Epperson Assistant City Manager; Michelle Graham Director of Human Resource; Lata
Krishnarao Director of Community Development; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Sue Polka Director of Engineering; Vance
Riley Fire Chief; Michael Leech Assistant Director of Public Works; John McCarter
Management Assistant; Daniel McGhinnis Chief Information Officer; Rick Overgaard
Assistant Finance Director; Bob Pearce Purchasing Officer; Lawrence Provins Deputy City
Attorney.
The invocation was given by Councilmember Perez and the Pledge of Allegiance was led
by Chief of Police J.0 Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers, Carbone, Reed,
Ordeneaux, and Perez.
CITIZEN COMMENTS:
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the July 18, 2016, Special Meeting held at 7:00 p.m.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-149 -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 property being a tract of land containing 4.1919
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acres of land out of Lot Forty -One (41), Section 25, H.T. & B. R.R
.Company Survey, Abstract 245, Brazoria County, Texas, and being
designated on the Block Books of Brazoria County, Texas of
Section 25 and being a part of the same land described in Deed from C. '
W. Boots, at. ux. to Joe H. Reeder, by Deed dated June 22, 1959, recorded
in Volume 744, Page 457, Deed Records, Brazoria County, Texas, Less,
Save and Except a 20.00 foot strip along the North side reserved in Deed
recorded in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and lying in the road. (Located at 5134 Bailey Road) Zone Change
Application No. ZONE 16-00005, a request of Beverly Childs,
owner/applicant; for approval of a change in zoning from the Suburban
Development (SD) zoning district to the Office & Professional (OP) zoning
district; on approximately 4.1919 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.
C. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP 16-00004 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for Child Day Care Center (Business) in the Office &
Professional zone, being a tract of land containing 4.1919 acres of land
out of Lot Forty -One (41), Section 25, H.T. & B. R.R .Company Survey,
Abstract 245, Brazoria County, Texas, and being designated on the Block
Books of Brazoria County, Texas of Section 25 and being a part of the
same land described in Deed from C. W. Boots, at. ux. to Joe H. Reeder, ,
by Deed dated June 22, 1959, recorded in Volume 744, Page 457, Deed
Records, Brazoria County, Texas, Less, Save and Except a 20.00 foot strip
along the North side reserved in Deed recorded in Volume 116, Page 581,
Deed Records, Brazoria County, Texas, and lying in the road. (Located at
5134 Bailey Road.) Conditional Use Permit Application No CUP 16-
00004, within the Office & Professional (OP) zoning district, at the request
of Beverly Childs, owner/applicant, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
D. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP No. 16 -00002 -An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP)
to allow for a gas station and convenience store in the General
Commercial (GC) zone, being a .875+ acre tract being all of Lot "D" of
Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747,
Map Records of Brazoria County, Texas, located in the City of Pearland,
Brazoria County, Texas. (3200 Dixie Farm Road, Pearland, Texas.)
Conditional Use Permit Application No CUP 16-00002, within the General
Commercial (GC) zoning district, at the request of Pan American
Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, '
Inc. owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
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E. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1517-1 - An Ordinance of the City Council of the City of
Pearland, Texas, amending the 2015 Comprehensive Plan to include the
' SH 35 Redevelopment Plan and act as a guide for regulating land use
within the incorporated limits of Pearland; containing a savings clause, a
severability clause and a repealer clause; and providing an effective date.
F. Consideration and Possible Action - Excuse the absence of
Councilmember Derrick Reed from the Regular Council Meeting held on
July 11, 2016.
G. Consideration and Possible Action - Resolution No. 2016-136 -
A Resolution of the City Council of the City of Pearland, Texas, renewing
a fixed unit rate contract for plan review services with Freese and Nichols,
Inc., in the estimated amount of $100,000.00 for the period of August 1,
2016 through September 30, 2017.
H. Consideration and Possible Action - Resolution No. R2016-134 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for citywide water and sanitary sewer on call repair and
maintenance services to Texas Pride Utilities, LLC, for the period of July
25, 2016 through September 30, 2017.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to adopt
Consent Agenda Items A through H as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-148 - 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 property being a
16.305 acre tract in Section 16 of the H.T. & B. RR Co. Survey, Abstract 546, Brazoria County,
Texas. Said tract is part of a 15 acre tract of land described in a deed to Marvin Wayne Smith
as recorded under Brazoria County Clerk's File No. 85197 113, and part of a 3.00 acre tract
described in a deed to Marvin Wayne Smith as recorded under Brazoria County Clerk's File
No. 85197 105. (Located at 3546 & 3618 Harkey Road, Pearland, TX.) Zone Change
Application No. ZONE 16-00004, A request of Chad Thumann, R. West Development,
applicant, on behalf of Patrick Tagtow, owner; for approval of a change in zoning from the
Single Family Residential -1 (R-1) zoning district to a Single Family Residential -3 (R-3)
' zoning district; on approximately 16.305 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.
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Councilmember Reed made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 2000M-148 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 Application No. 16-00004.
Director of Community Development Lata Krishnarao reported the requested Zone Change
Application No. 16-00004.
City Attorney Darrin Coker stated on this particular item regarding the action taken by the
Planning & Zoning Commission resulted in a denial of the request to a Single Family
Residential -3 (R-3). Consequently it does require a super majority, which means three
quarters of the entire Council which would be a total of five votes even though there is a
Councilmember absent this evening. It is not based on the Councilmembers that are
present, it is based on the total number of Councilmembers voting. There will need to be
five votes to approve something that would deviate from the recommendation of the
Planning & Zoning Commission.
Discussion ensued between Councilmembers and the applicant Chad Thumann with R.
West Development regarding the Single Family Residential -3 (R-3).
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
'
Council Action - Resolution No. R2016-130 - A Resolution of the City Council of the City
of Pearland, Texas, authorizing a construction contract to Pepper Lawson Waterworks for
the Reflection Bay Water Reclamation Facility 6 MGD Expansion Project, in the amount of
$44,657,000.00 contingent upon the closing of the TWDB loan for this project on August 4,
2016; and authorizing the appropriation of $19,690,000 for the project.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Ordeneaux, to
approve Resolution No. R2016-130.
Assistant City Manager Trent Epperson stated he will report on this item and the next two
items because they all relate to Reflection Bay Water Reclamation Facility.
Discussion ensued between Councilmember Carbone, Assistant City Manager Trent
Epperson and CSM Smith, Inc. Representative regarding the bids and the existing system
will keep the odor under control.
Discussion ensued between Councilmember Perez, Assistant City Manager Trent
Epperson and a Pepper Lawson Waterworks Representative regarding the construction
time frame. ,
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Voting "Aye" Councilmembers Perez, Ordeneaux, Moore, Reed, and Carbone.
' Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2016-131 -A Resolution of the City Council of the City
of Pearland, Texas, authorizing a contract for construction management and construction
inspection services with Ardurra Group, for the Reflection Bay Water Reclamation Facility 6
MGD Expansion Project, in the amount of $1,780,817.00, contingent upon the closing of the
TWDB loan for this project on August 4, 2016.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Resolution No. R2016-131.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2016-132 -A Resolution of the City Council of the City
of Pearland, Texas, authorizing a contract for construction materials testing services with
' Terracon Consultants, Inc., for the Reflection Bay Water Reclamation Facility 6 MGD
Expansion Project, in the amount of $272,555.00, contingent upon the closing of the TWDB
loan for this project on August 4, 2016.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-132.
Voting "Aye" Councilmembers Perez, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2016-133 -A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid to Peltier Brother Construction, Ltd of Houston, for the
rehabilitation of the Liberty and Parkview Lift Stations, in the amount of $625,141.00.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to approve
Resolution No. R2016-133.
City Manager Clay Pearson reported Council is being asked to award a bid to Peltier Brother
Construction, Ltd of Houston, for the rehabilitation of the Liberty and Parkview Lift Stations,
in the amount of $625,141.00.
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Voting "Aye" Councilmembers Perez, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2016-135 - A Resolution of the City Council of the City
Of Pearland, Texas, approving the Amended bylaws of the Pearland Library Board.
Councilmember Reed made the motion, seconded by Councilmember Mayor Pro -Tem
Moore, to approve Resolution No. R2016-135.
Dale Pillow, 2302 Meadow Green Drive, addressed Council stating she is the Chair of the
Pearland Library Board. The Board worked very hard updating the bylaws and asking
Council to approve them.
Deputy City Manager Jon Branson reported the current bylaws have outdated roles and
requirements of the Pearland Library Board that no longer help the body achieve the goals
and established missions of the group. In the proposed iteration, all financial capacities
involving the exchange of funds on behalf of the Pearland Branch Libraries will transition to
the accounting discretion of the City of Pearland or the designated Friends group,
depending on the intention of the donation or contribution.
Discussion ensued between Councilmember Carbone and Deputy City Manager Jon
Branson regarding the Library funds. '
Discussion ensued between Councilmember Ordeneaux and City Attorney Darrin Coker
regarding the bylaws will dictate the role of the board members.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
Second and Final Reading of Ordinance No. 1518-4 - An Ordinance of the City Council
of the City of Pearland, Texas, amending Ordinance No. 1518-3, the 2015-2016 Annual
Budget Ordinance, by; 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 1518-4 on its Second and Final Reading.
City Manager Clay Pearson reported City staff is submitting for Council consideration and
approval a revised budget for the 2015-2016 fiscal year based on fiscal year 2016 year-end '
projections.
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Voting "Aye" Councilmembers Perez, Ordeneaux, Moore, Reed, and Carbone.
' Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 7:21 p.m.
Minutes approved as submitted and/or corrected this the 121" day of September, A.D., 2016.
TL
Tom Reid
Mayor
' ATTEST:
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