2016-10-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
' PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 10, 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
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
Councilmember
Trent Perez
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Daniel Baum Deputy Fire Chief; Jon Branson Deputy City
Manager; J.C. Doyle Police Chief; Trent Epperson Assistant City Manager; Lata
Krishnarao Director of Community Development; Cynthia Pearson Director of Finance;
Vance Riley Fire Chief; Eric Wilson Public Works Director; Sparkle Anderson
' Communications Director; Skipper Jones Assistant Director of Capital Projects; Michael
Leech Assistant Director of Public Works; Richard Mancilla Interim City Engineer; John
McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Bob
Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney.
The invocation was given by Councilmember Reed and the Pledge of Allegiance was
led by Chief of Police J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
Mayor Reid recognized the Girl Scout Troop attending the Council meeting.
PUBLIC HEARING: The abandoning of a certain sixty foot (60') road right -of way (White
Road) recorded in the plat records of Harris County, Texas, within the corporate city limits
of Pearland, Harris County.
STAFF REVIEW:
City Attorney Darrin Coker gave an overview of the abandoning of a certain sixty foot
(60') road right-of-way (White Road) recorded in the plat records of Harris County, Texas,
within the corporate city limits of Peadand, Harris County.
' CITIZEN COMMENTS: None.
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COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT
Public Hearing was adjourned at 6:43 p.m.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the August 22, 2016, Regular Meeting held at 6:30 p.m.
2. Minutes of the August 29, 2016, Public Hearing held at 6:30 p.m.
3. Minutes of the August 29, 2016, Public Hearing held at 6:30 p.m.
4. Minutes of the September 26, 2016, Special Meeting held at 6:15
p.m.
B. Consideration and Possible Action — Resolution No. R2016-182 —
A Resolution of the City Council of the City of Pearland, Texas,
amending the Council Meeting times and dates for 2017.
C. Consideration and Possible Action — Resolution No. R2016-162 —
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 reimbursement of traffic signal ,
costs, associated with the intersection of Business Center Drive and
Discovery Bay.
D. Consideration and Possible Action — Resolution No. R2016-173 —
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 the Houston -Galveston Area Council (H -GAC) for
participation in the DWI Task Force Grant Program.
E. Consideration and Possible Action — Resolution No. R2016-177 —
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 BuyBoard
Cooperative Purchasing for the purchase of one (1) asphalt distributor
trailer, in the amount of $65,595.00 from R.B. Everett & Co.
Consideration and Possible Action — Resolution No. R2016-175 —
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) dump truck in the '
amount of $99,425.00 from Santex Truck Centers, LTD.
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G. Consideration and Possible Action — Resolution No. R2016-180 —
' 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 BuyBoard
Cooperative Purchasing for the purchase of two (2) Kubota Excavators
in the amount of $108,421.16 from Lansdowne Moody.
H. Consideration and Possible Action — Resolution No. R2016-163 — A
Resolution of the City Council of the City of Pearland, Texas, amending
a unit supply contract for general plumbing services with K. R. Allen
Services, in the total estimated amount of $ 70,000.00 for the period of
March 1, 2016 through February 28, 2017.
I. Consideration and Possible Action — Resolution No. R2016-174 —
A Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply contract 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, 2016 through October 26,
2017.
M. Consideration and Possible Action — Resolution No. R2016-183 —
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 an ambulance from Knapp
' Chevrolet, in the amount of $158,150.00
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J. Consideration and Possible Action — Resolution No. R2016-178 —
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) Godwin Critical
Silenced Dri-Prime Well Point Pump Trailer in the amount of
$67,657.70 from Xylem.
K. Consideration and Possible Action — Resolution No. R2016-181 —
A Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to CenterPoint Energy for service to the
Pearland Parkway Corridor Enhancement Project.
L. Consideration and Possible Action — Resolution No. R2016-179 —
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 2017 General Assembly and Board of
Directors.
M. Consideration and Possible Action — Resolution No. R2016-183 —
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 an ambulance from Knapp
' Chevrolet, in the amount of $158,150.00
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N. Consideration and Possible Action — Resolution No. R2016-184 —
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 a Fire Station Alerting
System from Purvis Systems, LLC., in the amount of $183,320.44.
O. Consideration and Possible Action — Resolution No. R2016-185 —
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 a Fire Station Alerting
System for Stations 4 and 5 from Purvis Systems, LLC., in the amount
of $145,086.24.
Councilmember Carbone asked that Consent Agenda Items M and N be removed from
the Consent Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to
adopt Consent Agenda Items A through O with the exception of Items M and N as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. ,
Voting "No" None.
Motion Passed 6 to 0
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Carbone Consent Agenda Item M was removed for
further discussion.
M. Consideration and Possible Action — Resolution No. R2016-183 —
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 an ambulance from Knapp
Chevrolet, in the amount of $158,150.00.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve Resolution No. R2016-183.
City Manager Clay Pearson reported the cost of the new ambulance is $166,150 with '
an $8,000 trade-in allowance offered on the replaced unit. Fire Department
management has been consulted with respect to the $8,000 trade-in allowance offered
Page 4of17-1011012016
toward the cost of the new unit, and concurs that the allowance reflects an acceptable
market valuation of the replaced unit in consideration of its condition, age and mileage.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the $8,000 trade-in.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
As requested by Councilmember Carbone Consent Agenda Item N was removed for
further discussion.
N. Consideration and Possible Action — Resolution No. R2016-184 —
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 a Fire Station Alerting
System from Purvis Systems, LLC., in the amount of $183,320.44.
' Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve Resolution No. R2016-184.
City Manager Clay Pearson reported the transition to Cypress Creek EMS (CCEMS)
requires some start-up costs that are the responsibility of the City. The most significant is
the installation of servers, hardware, and software at the CCEMS dispatch center to
interface with the Purvis Fire Station alerting system installed in our newest fire stations.
This system is what alerts the units at each Fire Station when they have an emergency
incident that they must respond to. It is an automated system that directly interfaces with
CCEMS's computer aided dispatch system. Upon dispatch of call, audible and visual
alerts notify the crew of the type and location of incident.
Discussion ensued between Councilmembers Carbone, Perez and Deputy Fire Chief
Daniel Baum regarding other Agencies will be using the Purvis alerting system so the City
will be reimbursed a portion of the $183,320.44.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
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NEW BUSINESS:
First Reading of Ordinance No. 1532 - An Ordinance of the City Council of the City of '
Pearland, Texas, abandoning a certain sixty foot (60') road right-of-way (White Road)
recorded in the plat records of Harris County, Texas, within the corporate city limits of
Pearland, Harris County, Texas; having a savings clause and a severability clause; and
providing for an effective date.
Councilmember Reed made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1532 on its First Reading.
City Attorney Darrin Coker reported the City recently received a petition for the
abandonment of a portion of a 60' wide right-of-way known as White Road. The right-of-
way is located near the intersection of Almeda School Road and the south frontage
road for Beltway 8. Bobcat of Houston (equipment company), in coordination with the
Pearland Economic Development Corporation, submitted the Petition for Abandonment.
He further stated if Council approves this on the first and second reading this Ordinance
will be recorded in the deed records reflecting this right-of-way no longer exists on this
property.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None. ,
Motion Passed 6 to 0.
City Attorney Darrin Coker stated before moving on to Resolution No. R2016-186 he
received information from the Bond Council and Development Authority earlier today.
The current caption for this item has a specific amount on the bonds. That amount is
not going to be accurate. It is recommended that the motion be read without any
specific amount in the caption. The actual document to be approved will reflect the
correct amount.
Council Action — Resolution No. R2016-186 — A Resolution of the City of Pearland,
Texas, approving the Development Authority of Pearland Tax Increment Contract
Revenue Bonds, Series 2016; approving a bond resolution, a private placement letter,
and other documents relating to the bonds; making certain findings and containing
other provisions related thereto.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Ordeneaux, to
approve Resolution No. R2016-186.
City Manager Clay Pearson reported in 1998, by Ordinance No. 891, the City of
Pearland created Tax Reinvestment Zone Number Two (TIRZ), otherwise known as
Shadow Creek Ranch. The purpose of the TIRZ is to provide financial assistance '
through public-private partnership enabling the construction and installation of public
works facilities including streets, street lights, drainage, water and sewer utilities among
Page 6 of 17 —10/10/2016
others. In 1999, by Ordinance No. 918 and as amended since then, the financing plan
' for the TIRZ was approved.
BOSC, Inc. Representative John Robuck presented an overview of the Tax Increment
Contract Revenue Bonds, Series 2016.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Input and Discussion — Regarding overall Debt Service and financing
alternatives.
BOSC, Inc. Representative John Robuck presented a PowerPoint on the Summary of
2017-2021 Capital Improvement Program.
Mayor Reid stated the next three items, Ordinance No. 2000M-151, Ordinance No. 2000M-
152 and Ordinance No. 2000M-153 will be presented at the same time.
First Reading of Ordinance No. 2000M - 151 — 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 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76,
being a portion of the same 181.6209 acre survey as described in a deed dated June 4,
1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander
Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed
Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter
Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a
portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981,
from the C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume
1596, Page 93 at seq of the Brazoria County Deed Records (B.C.D.R.). (Located at
East and West sides of Pearland Parkway, North of Barry Rose Road —
Stonebridge Planned Development.) Zone Change Application No. ZONE 16-00006,
at the request of the City; for approval of an amendment to the Stonebridge
Planned Development to require approval of a Conditional Use Permit for auto
related uses and Pawn Shops, Payday Loans, and Gold Exchanges on properties
designated General Business (GB); on approximately 123.33 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.
First Reading of Ordinance No. 2000M - 152 — 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, all that certain 527.062 acres out of the D.H.M. Hunter Survey, Abstract No.
76, Brazoria County and Abstract No. 36, Harris County and the H.T. & B.R.R. Survey,
Page 7 of 17 —10/10/2016
Abstract No. 233 and including all or a portion of Lots 6,7, and 15-18 out of Walcott's
Pearland Subdivision according to the plat thereof filed in Volume 35, Page 241-242 '
Brazoria County Deed Records and a portion of Lots 96-102 out of the Zychlinski
Subdivision according to the plat there of filed in Volume 29 Page 43 Brazoria County
Deed Records and being those same tracts described in a deed dated 12-18-1996 from
Thomas P. Alexander and Bettye M. Alexander to T. & B. Alexander Family Limited
Partnership as filed in Official Records of Real Property of Brazoria County at Clerks
File Number 96-044931 and in a deed dated 01-23-1992 from First Interstate Bank of
Texas, N. A., to Nai Li Wang and Ban Wang as filed in Volume (92)997, Page 03
Brazoria County Official Records and in a deed dated 06-04-1981 from John Alexander,
trustee to Patricia Alexander Wood as filed in Volume 1596, Page 110 Brazoria County
Deed Records and being a residue of that certain tract described in a deed dated 09-
6-1984 from Mary Alexander, at con, to Bartlett Properties, Inc. as filed in Official
Records of Real Property of Harris County at Clerk's File Number J-724634 Film Code
Number 096-85-0644; and All that certain 15.755 acres out of Lots 30, 31, 32, 39 and
40, Walcott's Pearland Subdivision, according to the plat thereof filed in Volume 35,
Page 241 & 242, Brazoria County Deed Records, D.H.M. Hunter Survey, Abstract
Number 76, Pearland, Brazoria County, Texas; and All that certain 6.000 acres out of
Lots 42 and 43, Walcott's Pearland Subdivision, according to the plat thereof filed in
Volume 35, Page 241 & 242, Brazoria County Deed Records, D.H.M. Hunter Survey,
Abstract Number 76, Pearland, Brazoria County, Texas. (Located at East and West
sides of Pearland Parkway, South of McHard Road, Highland Glen Planned Unit
Development.) Zone Change Application No. ZONE 16-00007, at the request of the '
City; for approval of an amendment to the Highland Glen Planned Development to
allow auto related uses and Pawn Shops, Payday Loans, and Gold Exchanges by
approval of a Conditional Use Permit on properties where the base zoning district
is General Business (GB); on approximately 548.817 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.
First Reading of Ordinance No. 2000M - 153 – 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, a 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24,
S.W. Narregang Subdivision, Volume 1, Page 92 & also parts of Lots 1 & 2, George W.
Jenkins Subdivision, Volume 79, Page 616, Brazoria County Map Records (Oakbrook
Estates)(East side of Pearland Parkway, North of Dixie Farm Road – Oakbrook
Estates Planned Development) Zone Change Application No. ZONE 16-00008, at the
request of the City; for approval of an amendment to the Oakbrook Estates
Planned Unit Development to allow auto related uses and Pawn Shops, Payday
Loans, and Gold Exchanges by approval of a Conditional Use Permit on
properties where the base zoning district is General Business (GB) and General
Commercial (GC): on approximately 120.417 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. '
Page 8 of 17 –10/10/2016
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone,
to approve Ordinance No. 2000M-151, Ordinance No. 2000M-152 and Ordinance No.
2000M-153 on their First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Zone Change 16-00006, Zone Change 16-00007
and Zone Change 16-00008.
City Manager Clay Pearson reported all three of these are existing planned
developments. Council is being asked to approve the Zone Changes 16-00006, 16-
00007 and 16-00008.
Voting "Aye' Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
First Reading of Ordinance No. CUP 16-00003 — An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit to
allow a hotel/motel in the General Business (GB) zoning district, being 1.8060 acre
(78,667 square feet) tract of land and being a portion of Lot 80 of the Allison Richey
' Gulf Coast Home Company's Subdivision as recorded in Book 2, Page 23 Brazoria
County map Records in the H.T.& B.R.R. Company Survey Abstract 506, Brazoria
County, Texas. (Located at 8541 Broadway Street (west of Cullen Boulevard on the
northwest corner of intersection of Broadway Street and the USPS access
driveway), Pearland, TX.) Conditional Use Permit Application No CUP 16-00003,
within the General Business (GB) zoning district, at the request of Y Ali Khan, applicant,
on behalf of Kevin Ngo, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. CUP 16-00003 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the motion was defeated by a vote of 0-5.
Director of Community Development Lata Krishnarao reported this request is for
approval of a Conditional Use Permit (CUP) on approximately 1.8 acres of land, located
at 8541 Broadway Street, to allow for a hotel/motel in the General Business (GB)
Zoning District. The property is currently undeveloped and located near a medium
density commercial intersection serving the surrounding residential neighborhoods.
Voting "Aye" None.
' Voting "No" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Page 9 of 17 —10/10/2016
Motion Failed 6 to 0.
First Reading of Ordinance No. CUP 16-00005 — An Ordinance of the City Council of ,
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for
exemption to the fagade requirements for an existing structure and to allow a
Light Manufacturing Process in the Garden/O'Day-Mixed Use (G/O-MU) zoning
district, Being a tract of land containing 0.5682 acres (24,750 square feet), situated in
the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being part of Lot 6
and 7 in Block 6, of Hickory Creek Place a subdivision recorded in Volume 11, Page 1
of the Plat Records of Brazoria County, Texas, being all of a Tract conveyed unto
Martin Paper Co. by deed recorded under County Clerk's File No. 1995014570 of the
Official Records of Brazoria County, Texas. (Located at 2125 Garden, Pearland, TX.)
Conditional Use Permit Application No CUP 16-00005, within the Garden/O'Day-Mixed
Use (G/0 -MU) zoning district, at the request of Kevin Duc Nguyen, applicant, on behalf
of Bao Le, owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to
approve Ordinance No. CUP 16-00005 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 Application No. CUP 16-
00005. '
City Manager Clay Pearson reported this request is for approval of a Conditional Use
Permit (CUP) on approximately 0.5682 acres of land, to allow exemption to the fagade
requirements for an existing structure and for a light industrial manufacturing use in the
Garden/O'Day Mixed Use (G/O-MU) District.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. CUP 16-00006 — An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for
sales, service and rental of forklifts and other material handling equipment
(Heavy Machinery Sales, Storage Rental & Repair) in the General Commercial
(GC) zoning district, all that certain tract of parcel of land out of the A. C. H. & B. RR
Co. Survey, Section 1, A-147, in Brazoria County, Texas, being a portion of Tract 124A
of the Subdivision of Section One (1), A.C. H. & B. RR Co. survey, according to the Plat
of same recorded in Volume 2, Page 1, of the Plat Records of Brazoria County, Texas.
(Located at 3401 S. Main Street. Pearland, TX.) Conditional Use Permit Application
No CUP 16-00006, within the General Commercial (GC) zoning district, at the request '
of Russ Wilkins (R4 Resources), applicant, on behalf of Baker Hughes Oilfield
Operations, Inc., owner, containing a savings clause, a severability clause, and an
Page 10 of 17 —10/10/2016
effective date and other provisions related to the subject.
' Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to
approve Ordinance No. CUP 16-00006 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council approval of Conditional Use Application No. CUP 16-00006.
City Manager Clay Pearson reported this request is for approval of a Conditional Use
Permit (CUP) on approximately 6.54910 acres of land, located at 3401 S. Main Street,
to allow for sales, service and rental of forklifts and other material handling equipment
(Heavy Machinery Sales, Storage Rental and Repair) in the General Commercial (GC)
zoning district.
Discussion ensued between Councilmember Perez and Director of Community
Development Lata Krishnarao regarding the previous use of this building is similar to
what is being requested at present.
Discussion ensued between Councilmember Carbone and Director of Community
Development Lata Krishnarao regarding if this process could be streamlined in the
future when the CUP is going to be of similar use.
' Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-171 —A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
contract with MWH Americas, Inc.', in the amount of $683,713.60, for professional
services associated with the performance of Preliminary Engineering Services for the
Expansion of the Barry Rose Wastewater Treatment Plant.
Councilmember Reed made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2016-171.
City Manager Clay Pearson reported an assessment of the Longwood Wastewater
Treatment Plant (WWiP), performed by Arcadis/Malcom Pernie in 2010, noted that this
plant would need a major rehabilitation and expansion, based on average monthly flows
and Texas Commission on Environmental Quality (TCEQ) requirements, if the City
planned to continue to operate it. The cost of those improvements were estimated to
exceed $50 million dollars due to the condition, capacity and unsustainable location of
the current plant. The report noted that the plant's location and proximity to the flood
' plain made the cost of an expansion prohibitively expensive. Staff made the decision to
perform a shorter term rehab of the existing facilities and begin planning to
incrementally shift flows to the Barry Rose facility in conjunction with plans to increase
Page 11 of 17 —10/10/2016
plant capacity there.
Discussion ensued between Councilmember Carbone and Assistant City Manager '
Trent Epperson regarding Arcadis/Malcom Pernie has done previous work for the City.
Councilmember Perez was absent from the Council Chamber at 7:27 p.m.
Voting "Aye" Councilmembers Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Perez absent from the Chamber.
Councilmember Perez returned to the Council Chamber at 7:29 p.m.
Council Action — Resolution No. R2016-176 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
contract with Klotz Associates, Inc., in the amount of $477,084.41, for professional
services associated with the Green Tee Terrace Trail Project (Hughes Road to FM 518
Phase 1 of a TIP funded project).
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2016-176. ,
City Manager Clay Pearson reported Council is being asked to approve the contract
with Klotz Associates, Inc., in the amount of $477,084.41 for professional services
associated with the Green Tee Terrace Trail Project.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-169 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City manager or his designee to enter into a
contract with Dannenbaum Engineering Corporation, in the amount of $1,112,731.50,
for engineering services associated with the Smith Ranch Road Widening Project
(Hughes Ranch Road to FM 518; a TIP funded project).
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Resolution No. R2016-169.
City Manager Clay Pearson reported Council is being asked to approve the contract
with Dannenbaum Engineering Corporation in the amount of $1,112,731.50 for '
engineering services associated with the Smith Ranch Road Widening Project.
Page 12 of 17 —10/10/2016
I
Discussion ensued between Councilmembers and Assistant City Manager Trent
Epperson regarding the design plan, Federal, State and City funds, completion date,
and the timing related to Hughes Ranch Road.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. 2000-T-22 — An Ordinance of the City Council of the
City of Pearland, Texas, amending selected provisions of the Unified Development
Code of the City to add Manvel Road (FM 1128) to the Corridor Overlay District; 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 Carbone, to
approve Ordinance No. 2000-T-22 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to approve the proposed amendments to the Unified Development
Code (UDC).
Director of Community Development Lata Krishnarao gave an overview of the selected
provisions of the Unified Development Code (UDC) to add Manvel Road (FM 1128) to
the Corridor Overlay District.
Discussion ensued between Councilmember Perez and Director of Community
Development Lata Krishnarao regarding a future plan on how this corridor will tie into
Max Road.
Councilmember Ordeneaux stated he is not sure where his vote will be regarding this,
but he has no problem what staff has presented for FM 1128.
Councilmember Carbone stated he does not feel this is right to push these changes
along this Corridor which will affect the businesses, especially when the businesses
have not been notified.
Voting "Aye" Councilmembers Perez, Hill, Moore, and Reed.
Voting "No" Councilmembers Ordeneaux and Carbone.
Motion Passed 4 to 2.
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First Reading of Ordinance No. 2000T-23 — An Ordinance of the City Council of the
City of Pearland, Texas, amending selected provisions of the Unified Development ,
Code of the City regarding liquor/package stores; cigars, tobacco or e -cigarettes shops
and vaping lounges; lighting standards; having a savings clause, a severability clause,
and a repealer clause; providing for codification, publication and an effective date.
Councilmember Perez made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 2000T-23 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to approve the proposed amendments to the Unified Development
Code (UDC).
City Manager Clay Pearson reported as a response to the changing needs of the
community, local laws, and concerns that have been brought to staffs attention, regular
updates are proposed to the Unified Development Code (UDC). The proposed changes
to the UDC fall into the two following categories: Land Use Matrix; and Lighting
Standards.
Director of Community Development Lata Krishnarao gave an overview of the proposed
changes to the Unified Development Code (UDC).
Councilmember Carbone stated he is not sure regarding the lighting. '
Mayor Pro -Tem Moore stated his concerns regarding the lighting spilling over on
someone else's property.
Councilmember Ordeneaux stated there are several things regarding the lighting
standards he does not agree with. This has not been simplified, but several things have
been added to it. He stated he will be voting against this as a whole.
Councilmember Carbone stated the last time this was presented as a whole, he thought
this time Council was going to see three different items.
City Attorney Darrin Coker stated if there are certain things Council does not want to
see in this Ordinance Council can amend the motion to exclude those items.
Councilmember Reed was absent from the Council Chamber at 8:02 p.m.
Councilmember Hill stated he would be ok with taking the lighting portion out of this
Ordinance.
Councilmember Reed returned to the Council Chamber at 8:09 p.m.
Councilmember Perez stated many citizens have talked to him regarding lighting spill- '
over on their property. He further stated what he is hearing is to simplify, get rid of the
aesthetics measure portion and get to a foot-candle intensity of the property line.
Page 14 of 17 —10/10/2016
Councilmember Ordeneaux was absent from the Council Chamber at 8:10 p.m.
Councilmember Reed stated he does not see an issue of voting on this as a whole, but
take out the type of lighting it needs to be.
Councilmember Ordeneaux returned to the Council Chamber at 8:11 p.m.
Councilmember Carbone stated the lighting standards need to be simplified.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
amend the motion by removing the lighting standards from Ordinance No. 2000-T-22.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Mayor Reid called for the vote on the motion as amended.
Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
Second and Final Reading of Ordinance No. 1531 — An Ordinance Of The City
Council of the City of Pearland, Texas, prescribing the type of notice to be given of the
time and place of the November 21, 2016 Joint Public Hearing of the City Council and
the Planning and Zoning Commission for Amendments to Certain Planned
Developments.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to
approve Ordinance No. 1531 on its Second and Final Reading.
City Attorney Darrin Coker reported the November general election will include a Local
Option Election that could potentially allow the location of liquor stores in Pearland. In
the event this measure is approved, staff has worked on proposed revisions to the
Unified Development Code (UDC) Table of Permitted Uses that would require a
Conditional Use Permit (CUP) in order to operate liquor stores in the City. The joint
public hearing for the text amendment to the UDC is scheduled for September 26,
2016, and the actual amendment will be considered by Council on October 10t1 and
' October 24th.
Page 15 of 17 —10/10/2016
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at
8:31 p.m.to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.071 - Consultation with City Attorney — Regarding
Texas Commission on Environmental Quality related Issues.
2. Section 551.072 — Real Property: Regarding the Sale, Lease,
Purchase, or Exchange of Real Property.
3. Section 551.074 — Consultation with City Attorney — Regarding
Personnel - Appointment Of Municipal Court Judges. '
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:23 p.m.
Council Action — Regarding the Sale, Lease, Purchase, or Exchange of Real Property.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to
authorize staff to enter into a purchase agreement for the sale of property as discussed
in the Executive Session.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Regarding Personnel —Appointment of Municipal Court Judges.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to re-
appoint Presiding Judge Letitia Farnie to a four year term and re -appoint Associate '
Judge Dennis Slate to a 2 year term.
Page 16 of 17 — 10/10/2016
' Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
H
Motion Passed 6 to 0.
ADJOURNMENT
Meeting was adjourned at 9:25 p.m.
Minutes approved as submitted and/or corrected this the 911 day of January, A.D., 2017.
,A,�, Pa
Tom Reid
Mayor
ATTEST:
Ang Lo g, TR s3i its
Sec ry'
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