2017-03-20 CITY COUNCIL REGULAR MEETING MINUTES7
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 20, 2017, AT 5:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 5:36 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
Councilmember
Trent Perez
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Derrick Reed.
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; Lata Krishnarao
Director of Community Development; Chris Orlea Director of Parks and Recreation; Cynthia
Pearson Director of Finance; Eric Wilson Director of Public Works; Sparkle Anderson
Communications Director; Joel Hardy Interim Management Assistant; Skipper Jones Assistant
Director of Capital Projects; Robert Upton City Engineer; John McCarter Budget Officer;
Johnny Spires Assistant Police Chief.
The invocation was given by Mayor Pro -Tem Moore and the Pledge of Allegiance was led by
Assistant Chief of Police Johnny Spires.
Mayor Reid recognized the candidates that were in attendance running for the new Council
Position No. 7, Woody Owens and Dalia Kasseb. Candidates running for Position No. 3, Gary
Moore and J. Darnell Jones. Candidates running for Mayor, Quentin Wiltz and Mayor Reid.
Councilmember Hill stated he is running for Brazoria County Court at Law No. 1 Judgeship.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Ordeneaux, Hill,
and Perez.
CITIZEN COMMENTS:
Ed Mears, 2827 Moss Lake Lane, addressed Council stating his concerns regarding Blue Ridge
Landfill and needed actions to be taken.
Kami Brady, 13302 Jasmine Peak Court, addressed Council stating her concerns regarding the
odors coming from Blue Ridge Landfill, needing the Cities assistance regarding this issue and
questions needing answers.
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Greg Hurwitt, 13507 Silent Walk Drive, addressed Council stating his concerns regarding the
settlement agreement between the City and Blue Ridge Landfill and how the City verifies that
Blue Ridge Landfill complies with their part of the agreement.
Tania Slivers, 2325 Lost Bridge Lane, addressed Council stating her concerns regarding the
issues with Blue Ridge Landfill, knowledge sharing and residents who are currently not advised
of the current situation.
Fernando Galaviz, 14006 Bright Glen Drive, addressed Council stating his supportfor his fellow
neighbors, and his concerns regarding the agreement between the City and Blue Ridge Landfill.
He shared a personal story to Council that helped direct is career and life in general.
Chandra Vemula, 2227 Long Cove Court, addressed Council stating his concems regarding
the issues with the Blue Ridge Landfill.
Darnell Jones, 2705 Sandal Walk, addressed Council stating his concerns regarding the issues
with Blue Ridge Landfill and questions regarding the settlement agreement.
Delia Kassab, 12308 Signal Hill Court, addressed Council stating her concern regarding the
Council meeting beginning at 5:30 p.m. hinders a lot of residents not being able to attend. She
further stated her concerns regarding the issues with Blue Ridge Landfill.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Joint Public Hearing Minutes of Meeting held on May 16, 2016.
2. Joint Public Hearing Minutes of Meeting held on June 20, 2016.
3. Joint Public Hearing Minutes of Meeting held on July 18, 2016.
4. Joint Public Hearing Minutes of Meeting held on August 1, 2016.
5. Joint Public Hearing Minutes of Meeting held on September 26, 2016.
6. Joint Public Hearing Minutes of Meeting held on October 17, 2016.
7. Joint Public Hearing Minutes of Meeting held on November 21, 2016.
B. Consideration and Possible Action - Excuse the Absence of
Councilmember Greg Hill from the Regular Council Meeting held on
February 27, 2017.
Ht
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' C. Consideration and Possible Action - Resolution No. R2017-55 - 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 for the Fite Road Extension Project with the Texas
Department of Transportation (TxDOT).
D. Consideration and Possible Action - Resolution No. R2017-54 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Master Services
Agreement, Task No. 2 with Ardurra Group LLC, in an amount not to
exceed $64,321.00, for Owner's Representative Services associated
with the Advanced Metering Infrastructure Water Meter Change Out
Project.
E Consideration and Possible Action - Resolution No. R2017-53 - 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 Freese
and Nichols, Inc., in the amount of $157,000.00 for the design of a trunk
sewer line associated with the McHard Road Trunk Sewer Project.
' F. Consideration and Possible Action - Resolution No. R2017-48 - A
Resolution of the City Council of the City of Pearland, Texas, accepting
the City's Investment Report for the quarter ending December 2016.
G. Consideration and Possible Action - Resolution No. R2017-56 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a Unit Supply Contract for traffic signal heads and components to Traffic
Parts, Inc., in the estimated amount of $50,000.00 beginning February,
28, 2017 through September 30, 2017 and $50,000.00 beginning
October 1, 2017 through February 27, 2018.
N Consideration and Possible Action - Resolution No. R2017-40 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a unit supply contract for pipes, valves, water fittings and related parts
to MDN Enterprises, in the estimated amount of $47,942, for the period
of March 31, 2017 through March 30, 2018.
I. Consideration and Possible Action - Resolution No. R2017-58 - A
Resolution of the City Council of the City of Pearland, Texas, directing
staff to prepare service plans for the proposed annexation of
' approximately 212.174 acres located in the city's extraterritorial
jurisdiction (Proposed Massey Oaks Development).
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Councilmember Ordeneaux asked that Consent Agenda Item I 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 1 with the exception of Item I as presented on the Consent
Agenda.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Ordeneaux Consent Agenda Item I was removed for further
discussion.
I. Consideration and Possible Action - Resolution No. R2017-58 - A
Resolution of the City Council of the City of Pearland, Texas, directing
staff to prepare service plans for the proposed annexation of
approximately 212.174 acres located in the city's extraterritorial '
jurisdiction (Proposed Massey Oaks Development).
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-58.
Deputy City Manager Jon Branson reported upon the request of the owner, the City of Pearland
is considering possible annexation of the area known as Massey Ranch. The purpose of this
annexation is to combine the subject parcel with the adjoining 158.478 acre tract known as
Rodgers Estate to develop a Planned Development called Massey Oaks. The planned
development will contain approximately 975 single family residential lots with amenities and
open space.
Councilmember Ordeneaux stated he will abstain from this entire process because of
negotiations between Pearland Independent School District and his family owns some land in
that general area that could be effected by the development.
Voting "Aye" Councilmembers Carbone, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Ordeneaux abstaining and Councilmember Reed I absent.
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1 NEW BUSINESS:
First Reading of Ordinance No. CUP 16-00015 - An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for an auto wash
(self-service) in the General Commercial (GC) zoning district, being a parcel of land
containing 1.0672 acres (46,489 square feet) more or less out that certain 8.8726 acre tract
conveyed by George E. Young to Milestone Propertied, Inc., as recorded in deed records
Volume 1541, Page 648, Official Records of Brazoria County, Texas, said 1.0672 acres being
in the W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas. (Located at 1524 E.
Broadway Street, Pearland, TX.) Conditional Use Permit Application No CUP 16-00015,
within the General Commercial (GC) zoning district, at the request of Ted Maier, applicant, on
behalf of Musa Adi, owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. CUP 16-00015 on its First Reading,
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council approval of Conditional Use Permit Application No. CUP 16-00015.
Deputy City Manager Jon Branson reported this is a request for a Conditional Use Permit
(CUP) to allow for a vacant auto wash to be renovated and used again as a self-service auto
' wash in accordance with all conditions and requirements of the current Unified Development
Code located at 1524 E. Broadway Street.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
First Reading of Ordinance No. CUP 17-00001 - An Ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a
Liquor/Package Store in the General Business (GB) zoning district, being Reserve G a
1.5707 acre portion of a 20.8406 acre (907,818 square feet) tract of land being all of proposed
Albertson's Pearland, a subdivision of land out of Lots 31, 32, 63, and 64 of the Allison — Richey
Gulf Coast Home Company Subdivision of Section 9, H. T. & B. Railroad Company Survey,
Abstract No. 234, Brazoria County, Texas, according to the plat recorded in Volume 2, Page
24, of the Brazoria County Plat Records. (Located at 7109 W. Broadway Street, Pearland,
TX.) Conditional Use Permit Application No CUP 17-00001, within the General Business (GB)
zoning district, at the request of Hiren C. Patel, applicant, on behalf of 2ML Real Estate
Interests, Inc., owner, 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 Mayor Pro -Tem Moore, to approve
Ordinance No. CUP 17-00001 on its First Reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation to '
forward to Council approval of Conditional Use Permit Application No. CUP 17-00001.
Deputy City Manager Jon Branson reported this is a request to allow for a Conditional Use
Permit (CUP) to allow for a Liquor/Package store located at 7109 W. Broadway Street to
include the conditions as follows:
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows prohibited.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, and Moore.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
First Reading of Ordinance No. 2000T-24 - An ordinance of the City Council of the City of
Pearland, Texas, amending selected provisions of the Unified Development Code of the City
regarding changes to the land use matrix for auto accessories, auto parts sales, auto washes,
hotel/motels, and extended stay hotellmotels; 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 Mayor Pro -Tem Moore, to approve '
Ordinance No. 2000T-24 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council approval of amending selected provisions of the Unified Development Code.
Director of Community Development Lata Krishnarao presented the proposed updates to the
Unified Development Code (UCD).
Councilmember Ordeneaux stated he is glad that an auto zone is being added, because he
views an auto zone no different than a CVS or any other retail store. He stated he cannot
support government telling people where they can build, color of paint and height of
landscaping no matter what the zoning is. He further stated he will not be voting for this.
Councilmember Perez stated this tool allows Council to have more scrutiny of those uses and
proximity to residential which is a service to residents and not detrimental. He further stated
Council should always be concerned regarding how much government is appropriate.
Councilmember Carbone asked since there is auto related uses and hotel/motels if they can
be voted on separate.
City Attorney Darrin Coker stated they can be separate with an amended motion and it will be '
reflected in the second reading.
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' Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
amend the motion by taking the items individually, hotel/motels as one and auto related uses
as another and come back with the second reading as one document.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, and Hill.
Voting "No" Councilmember Perez.
Motion Passed 4 to 1, with Councilmember Reed absent.
Mayor Reid called for the vote on the Auto Related Uses.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
Mayor Reid called for the vote on the Extended Stay Hotel/Motels.
' Voting "Aye" Councilmembers Moore, Hill, and Perez.
Voting "No" Councilmembers Carbone and Ordeneaux.
Motion Passed 3 to 2, with Councilmember Reed absent.
Council Action - Resolution No. R2017-46 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a unit supply contract for pipes, fittings and valves to Ferguson
Enterprises, in the estimated amount of $916,549 for the period of March 31, 2017 through
March 30, 2018.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-46.
Deputy City Manager Jon Branson reported this is the second of three items that relate to
pipes, fittings and valves. One in the Consent Agenda that was previously approved, this item
and the next Rem. He stated the City advertised for bids for 38 different sections of items.
Council is being asked to award 21 of those sections to Ferguson Enterprises in the estimated
amount of $916,549.
' Councilmember Carbone thanked Staff for splitting these items up.
Discussion ensued between Councilmember Perez and Director of Public Works Eric Wilson
regarding the City has a history with Ferguson Enterprises.
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Voting "Aye" Councilmembers Perez, Carbone, Moore, Ordeneaux, and Hill. I Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
Council Action - Resolution No. R2017-47 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a unit supply contract for pipes, fittings and valves to HD Supply
Waterworks, in the estimated amount of $325,834.70 for the period of March 31, 2017 through
March 30, 2018.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017A7.
Deputy City Manager Jon Branson reported this is for 12 different sections of the total bid.
Council is being asked to award a unit supply contract to HD Supply Waterworks.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent. '
Council Action - Resolution No. R2017-52 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for the construction of the West McHard Pedestrian Path
Project to Tandem Services, LLC, in the amount of $319,609.50.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-52.
Deputy City Manager Jon Branson reported this Rem relates to the old Municipal Utility District
No. 4. When they were in existence they issued bonds for various improvements. This is the
remaining money left over from those projects. It is recommended for installation of a sidewalk
in several areas along West McHard Road. Council is being asked to award a bid for
construction to Tandem Services, LLC.
Councilmember Hill stated at first the thought was to take this money and use somewhere else,
R quickly became clear that the law does not allow that. Municipal Utility District (MUD) funds
have to be spent in the MUD area.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None. 1
Motion Passed 5 to 0, with Councilmember Reed absent.
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' City Attorney Darrin Coker stated the next two items need to be read in their entirety and can
be presented at the same time.
Council Action - Resolution No. R2017-49 - 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; being a 0.3010 of one acre (13,110 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 28, Section 9 of
Allison - Richie Gulf Coast Home Company's Subdivision according to the map or plat thereof
recorder under Volume 2, Page 23 of the Plat Records of Brazoria County, Texas said Lot 28
being a called 9.924 acre tract of land conveyed to Gartner Interests Ltd. by deed filed under
Clerk's File Number 00-004926 of the Official Public Records of Brazoria County, Texas for the
construction and maintenance of water, sewer, drainage and road improvements (Max Road
Project) 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2017-49.
City Attorney Darrin Coker reported on February 13, 2017 the City Council approved 5
resolutions for the acquisition of right-of-way for the Max Road Project, and it appeared at that
' time that those 5 parcels (2 of which have since settled) represented the only parcels yet to be
acquired for the project. Texas Department of Transportation (TxDOT) recently forwarded 2
parcels that were unable to be settled. Prior to the filing of a condemnation action, the City
Council must approve the attached resolution, declaring a public necessity, which will be filed
as an attachment to the City's Petition.
Councilmember Ordeneaux thanked staff for their work regarding this, he has been on both
sides of issues like these and City Staff has always been wonderful to work with. He knows it
is not always an easy situation.
Councilmember Perez stated these negotiations are never easy, you are asking people to sell
something they do not want to sell. He commends Staff for the work they do.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
Council Action - Resolution No. R2017-50 - 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; being a 0.3403 of one acre (14,825 square feet) parcel of land situated in the H.T. &
R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of the south -half of Lot 29,
Section 9 of Allison - Richie Gulf Coast Home Company's Subdivision according to the map or
Page 9 of 11 — 3/20/2017
plat thereof recorder under Volume 2, Page 23 of the Plat Records of Brazoria County, Texas, '
said south -half of Lot 29 being part of the residue tract of a called 4.9678 acre tract of land
conveyed to Loye W. Young Sr. and Mary S. Young, Trustees of the Loye W. Young, Sr. and
Mary S. Young Revocable Trust Dated July 27, 2009 by deed filed under Clerk's File Number
2009038799 of the Official Public Records of Brazoria County, Texas for the construction and
maintenance of water, sewer, drainage and road improvements (Max Road Project) 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2017-50.
City Attorney Damn Coker stated with this parcel of land the roadway alignment is very close
to the dwelling unit on the property so the value assigned to this acquisition is for the land and
damage to the remainder. The City's appraisal values the taking at $188,545.00 ($18,113 for
the land and $170,432 for damage to the remainder). In this case, the property owner rejected
the offer and is seeking $398,626 forthe acquisition area plus damages to the remainderwhich
was rejected by Texas Department of Transportation (TxDOT). Prior to the filing of a
condemnation action, the City Council must approve the resolution, declaring a public
necessity, which will be filed as an attachment to the City's Petition.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone. '
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
Mayor Reid called a recess at 6:58 p.m. to conduct a Joint Public Hearing.
Returned from recess at 8:40 p.m.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
NEW BUSINESS CONTINUED:
Council adjourned into Executive Session under Texas Government Code at 8:40 p.m. to discuss
the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.071 - Consultation with the City Attorney- Regarding Texas
Commission on Environmental Quality related issues.
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NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:04 p.m.
Council Action - Regarding Texas Commission on Environmental Quality related issues.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Hill to create a
Resolution to petition Texas Commission on Environmental Quality (TCEQ) Executive
Director to immediately suspend Blue Ridge Landfill permit 1505 A.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent.
ADJOURNMENT
Meeting was adjourned at 10:06 p.m.
Minutes approved as submitted and/or corrected this the 10th day of April, A.D.,
2017.
1
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Y16dng Lofing, TR
Secretary
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Tom Reid
Mayor
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