2017-08-31 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON THURSDAY, AUGUST 31, 2017 AT 6:30 P.M., IN
THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:37 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lofing
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; John
' McDonald Director of Community Development; Jimontanae McBride City Planner;
John McCarter Budget Officer; Vance Riley Fire Chief; Johnny Spires Police Chief;
Robert Upton City Engineer; Eric Wilson Director of Public Works; Andrea Brinkley
Assistant Director of Public Works; Joel Hardy Interim Management Assistant; Jennifer
Huhn Court Administrator; Daniel McGhinnis Chief Information Officer; Bob Pearce
Purchasing Officer; Lawrence Provins Deputy City Attorney.
The invocation was given by Pastor Tim Liston of New Hope Church and the Pledge of
Allegiance was led by Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers Carbone, Moore,
Ordeneaux, Little, Perez and Owens.
Mayor Reid stated because of Hurricane Harvey and to keep the agenda from being
too lengthy, Items 4, 9, 10, 12, 14 and 15 will be pulled and moved to a future agenda
meeting.
Mayor Reid called the Public Hearing Meeting to order at 6:37 p.m.
PUBLIC HEARING: A docketed Public Hearing in accordance with 24 CFR 91.105
(Citizen Participation) of the Code of Federal Regulations set forth by the U.S.
' Department of Housing and Urban Development, for the City's Program Year 2014
Annual Action Plan; providing an opportunity for citizen participation and public
involvement in proposed amendments.
Page 1 of 10 — 08/31/2017
Interim Management Assistant Joel Hardy reported the City is proposing to reallocate '
a total of $46,851 for two activities. The Melvin Knapp Senior Center is in need of a new
heating, ventilation and air conditioning unit and the Pearland Neighborhood Center will
rehabilitate a dilapidated structure to expand its storage capacity for donation items that
support the needs of low-income families in Pearland.
CITIZENS COMMENTS:
Charles Stevens, 4701 W. Orange, addressed Council stating he is on the Board of
Directors of the Pearland Neighborhood Center and any assistance towards the
Pearland Neighborhood Center would be appreciated.
COUNCILISTAFF DISCUSSION: None.
ADJOURNMENT
The Public Hearing was adjourned at 6:41 p.m.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes: ,
1. Minutes of July 10, 2017, Regular Meeting held at 6:30 p.m.
2. Minutes of July 17, 2017, Joint Public Hearing Minutes held at 6:30
p.m.
3. Minutes of July 17, 2017, Joint Special Meeting held at 7:00 p.m.
4. Minutes of August 7, 2017 Special Meeting held at 6:00 p.m.
B. Consideration and Possible Action - Resolution No. R2017-171 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract with Raven Mechanical for HVAC repair and maintenance services
at the Public Safety Building, in the estimated amount of $90,000.00.
C. Consideration and Possible Action - Resolution No. R2017-175 - A
Resolution of the City Council of the City of Pearland, Texas authorizing the
City's participation in the Edward Byrne Memorial Justice Assistance
Formula Grant (JAG) Program to purchase a software module to link the
police's CAD system to the e911 officer notification application, and a
special operations trailer.
Page 2 of 11 — 08/31/2017
' D. Consideration and Possible Action - Resolution No. R2017-176 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, Rifle
Resistant Body Armor Grant Program; Grant Number: 34467-01.
E. Consideration and Possible Action - Resolution No. R2017-166 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City's Investment Report for the quarter ending June 2017.
F. Consideration and Possible Action - Resolution No. R2017-168 - A
Resolution of the City Council of the City of Pearland, Texas, conveying a
right-of-way easement to Lavaca Pipe Line Company for certain pipelines.
G. Consideration and Possible Action - Resolution No. R2017-169 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit cost contract for citywide water and sanitary sewer on call repair and
maintenance services to Texas Pride Utilities, LLC.,in the estimated amount
of $100,000.00 for the period of September 1, 2017 through August 31,
2018.
' H. Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP 17-00011 - An ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for a Dwelling — Four Family (Quadriplex) in the Old Townsite
Mixed Use (OT -MU) zoning district, Lots Twenty -Two (22), Twenty -Three
(23) and Twenty -Four (24), in Block Thirty (30), Pearland Townsite,
according to the map or plat thereof recorded in Volume 29, Page 41 of the
Deed Records of Brazoria County, Texas, less and except all that certain
1,000 square feet out of Lots 23 and 24, Block 30, Pearland Townsite
according to the plat thereof files in Volume 29, Page 41 Brazoria County
Plat Records, Pearland, Brazoria County, Texas and being out of that
certain tract as described in a deed dated 02-16-2006 from Guadalupe
Garcia, et ux to Maria M. Perez as filed in the Official Records of Brazoria
County a Clerk's File Number 2006010023. (Located at 2543 and 2545 S.
Texas Avenue, Pearland, TX.) Conditional Use Permit Application No CUP
17-00011, within the Old Townsite Mixed Use (OT -MU) zoning district, at
the request of William Lacombe, applicantlowner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
Page 3 of 11 — 08/31/2017
Consideration and Possible Action — Second and Final Reading of '
Ordinance No. 2000M-155 - An Ordinance of the City Council of the City
of Peadand, Texas, amending Ordinance No. 2000M, the zoning map of the
City of Peadand, Texas, for the purpose of changing the classification of
certain property, the east 224.54 feet of Lot twenty-two (22), and the
adjoining East 224.54 feet of North 330.0 feet of Lot Thirty (30), Orchard
Ridge Subdivision, a subdivision in Harris County, Texas, according to the
map or plat thereof, recorded in Volume 64, Page 7, Deed Records of Harris
County, Texas. (324 Riley Road, Peadand, TX.) Zone Change Application
No. ZONE 17-00001, a request of Mims Fernandez of WGA, applicant, on
behalf of Martin Harrison, owner; for approval of a change in zoning from
the Spectrum District Sub -district 5 (S5) zoning to a Light Industrial
(M-1) zoning district; on approximately 4.949 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.
J. Consideration and Possible Action - Excuse the Absence of
Councilmember Trent Perez from the Regular Council Meeting held on
August 14, 2017.
Councilmember Carbone made the motion, seconded by Councilmember Moore to ,
adopt Consent Agenda Items A through J as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
Council Input and Discussion — Regarding initial overview of Hurricane Harvey
emergency response and status update.
City Manager Clay Pearson reported on Hurricane Harvey emergency response and
status update.
Council Action - Regarding the City Council of the City of Peadand, in accordance with 1
Section 418.108 (b) of the Texas Government Code, authorizing the extension of the
Declaration of Emergency associated with Hurricane Harvey beyond 7 days.
Page 4 of 11 — 08/31/2017
' City Manager Clay Pearson reported Council is being asked for approval authorizing the
extension of the Declaration of Emergency associated with Hurricane Harvey beyond 7
days.
Councilmember Ordeneaux made the motion, seconded by Councilmember Perez
authorizing the extension of the Declaration of Emergency associated with Hurricane
Harvey beyond 7 days.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Motion Passed 7 to 0
First and Only Reading of Ordinance No. 1543 - An Ordinance of the City of Peadand,
Texas, deleting Chapter 28'/2, "Telecommunications," and amending and replacing Article
II, "Right-of-way Management," of Chapter 26, "Rights-of-way," of the City Code of
Ordinances; regulating the physical use, occupancy and maintenance of the City's rights-
of-way by all users, including telecommunications service and wireless network providers;
' providing procedures for applications for permits; establishing time periods for approval
of permit applications; providing permit fees and public rights-of-way rental rates;
requiring land use approval prior to placement of new structures within public rights-of-
way located in parks, residential areas, historic areas, underground areas and design
areas; adopting a design manual in accordance with Chapter 284 of the Texas Local
Government Code; providing a savings clause; making other provisions related to the
subject; and declaring an emergency.
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 1543 on it First and Only Reading.
City Attorney Darrin Coker reported due to a recent legislative session a new law will take
effect on September 1, 2017 the Council is being asked to consider the Ordinance as a
one and only reading. Doing so it will ensure the regulations are in place on September
1, 2017, and prevent the Rights -of -Way users from filing applications that would be
grandfathered and not subject to the City's Regulatory Authority.
Discussion ensued between Olson and Olson Law Finn representative Derra Matins
and Councilmember Owens regarding rights-of-way, wireless towers and power rights.
' Discussion ensued between Councilmember Little and City Attorney Darrin Coker
regarding the extra workload this will require from the Permits Department.
Page 5 of 11 — 08/31/2017
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens, and '
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
Mayor Reid recognized Brazoria County Commissioner Stacy Adams, Brazoria County
Constable Buck Stevens, Brazoria County Drainage District Superintendent Mike Yost
and Pearland Independent School District Superintendent Dr. John Kelly attending the
Council Meeting.
Council Action - Resolution No. R2017-172 - A Resolution of the City Council of the
City Of Pearland, Texas, approving a bond order of Brazoria County Municipal Utility
District No. 6 and authorizing the issuance of Series 2018 Bonds in an amount not to
exceed $4,870,000.00.
Resolution No. R2017-172 postponed to future meeting.
Consideration and Possible Action - Resolution No. R2017-152 - A Resolution of the
City Council of the City of Pearland, Texas, awarding a unit supply contract for landscape
maintenance services (combined medians, right of way and facilities) to Maldonado ,
Nursery and Landscaping, Inc., in the estimated amount of $999,937.00 for the period of
September 1, 2017 through August 31, 2018.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-152.
City Manager Clay Pearson reported Council is being asked for approval to award a unit
supply contract for landscape maintenance services to Maldonado Nursery and
Landscaping, Inc.
David Kirst, 1908 Lazy Creek Lane, addressed Council stating his concerns regarding
Project Storm, LLC not being selected for the landscape maintenance services.
Councilmember Perez made the motion, seconded by Councilmember Little to postpone
Resolution No. R2017-152.
Assistant City Manager Trent Epperson stated the City is able to extend the contract to
keep up with the landscape maintenance until a decision it made on this item at a future
Council meeting.
Voting "Aye" Councilmember Perez, Owens, Carbone, Moore, Reed and Little.
I
Voting "No" Councilmember Ordeneaux.
Page 6 of 11 — 08/31/2017
' Motion Passed 6 to 1.
Council Action - Resolution No. R2017-173 - A Resolution of the City Council of the
City of Pearland, Texas, directing staff to prepare annexation service plans for Areas "A"
and "C." Area "A" being comprised of approximately 885 acres located north of Brazoria
County MUD 22, east of County Road 564, south of County Road 92, and west of County
Road 48; and Area "C" being comprised of approximately 18 acres located north of
McHard Road, abutting Clear Creek at the northeast corner of nearby Country Place
subdivision.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-173.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Motion Passed 7 to 0.
Council Action - Resolution No. R2017-174 - A Resolution of the City Council of the
City of Pearland, Texas, directing staff to prepare annexation service plans for Areas "I,"
"L" and "P." Area "I" being comprised of approximately 344 acres located north of
Southbelt Industrial Drive, west of Almeda School Road, south of Beltway 8, and east of
FM 521; Area "L" being comprised of approximately 1,002 acres located northeast of
SH35, between Dixie Farm Road and County Road 129; and Area "P" being comprised
of approximately 260 acres located just south of Magnolia Road, just north of Bailey Road,
west of Manvel Road, and east of Webber Drive and Deerbrook Court; and other areas
Council may issue directives to be annexed.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-174.
City Manager Clay Pearson reported Council is being asked to direct staff to prepare
annexation service plans for Areas "I," "L" and "P."
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone, Moore, Reed, and
Ordeneaux.
Voting "No" None.
I
Motion Passed 7 to 0.
Page 7 of 11 — 08/31/2017
First Reading of Ordinance No. CUP 17-00002 - An ordinance of the City Council of the '
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a
Gasoline Station in the General Business (GB) zoning district, Being 2.0537 acres
of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum
Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE
"A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as
shown on map or plat recorded in the Official Public Records of Real Property of Brazoria
County, Texas, under County Clerk's File Number 2016027588, also being a portion of
that certain called 27.12 acres of land described in deed and recorded in the Official Public
Records of Real Property of Brazoria County, Texas under County Clerk's File Number
93-007446. (Located at 3201 Pearland Parkway, Pearland, TX.) Conditional Use
Permit Application No CUP 17-00002, within the General Business (GB) zoning district,
at the request of Capital Construction Management represented by Michael Seery,
applicant, on behalf of Adam & Malik Developer, LLC., 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 Councilmember Moore to approve
Ordinance No. CUP 17-00002 on its First Reading.
City Planner Jimontanae McBride provided a brief overview of the requested Conditional
Use Permit.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation '
to forward to Council was a split vote, the recommendation to City Council is negative for
the Conditional Use Permit Application No. CUP 17-00002.
Adam Saadi, 9639 Scarsdale Boulevard, addressed Council stating he did everything that
was requested of him regarding the Conditional Use Permit Application No. CUP 17-
00002 and would appreciate Councils approval.
Councilmember Owens stated his concerns regarding the property and location not being
suitable for a service station.
Voting "Aye" Councilmembers Perez, Carbone, Moore, Reed, Ordeneaux and Little.
Voting "No" Councilmember Owens.
Motion Passed 6 to 1.
Council Action - Resolution No. R2017-160 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a contract for Bank Depository Services to Wells Fargo
Bank for two (2) years, beginning October 1, 2017 and ending September 30, 2019, with
the option of three (3) additional one-year terms.
Page 8 of 11 — 08/31/2017
' Resolution No. R2017-160 postponed to a future meeting.
Council Action - Resolution No. R2017-170 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for the construction of the Independence Park
Phase 1 Project to Harper Brothers Construction, in the amount of $3,572,424.00,
including an appropriation of $130,000.00 from the Park Zone Development Fund.
Resolution No. R2017-170 postponed to a future meeting.
Council Action - Resolution No. R2017-167 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for construction services to Reddico Construction
Company, in the amount of $1,595,576.90, associated with the Hughes Ranch Road
West Waterline Project.
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-167.
Councilmember Moore stated his concerns regarding two homes that are being excluded
from receiving a sound wall.
Discussion ensued between Council and Staff regarding when this project will get started
and water/sewer lines.
Voting "Aye" Councilmembers Owens, Carbone, Moore, Reed, Ordeneaux, Little, and
Perez.
Voting "No" None.
Motion Passed 7 to 0.
Second and Final Reading of Ordinance No. 2000M-162 - 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 Being lots 2, 3, and 4 of 18.6542 out of a 22.8622 acre tract of land out of
a portion of Lots, 28, 33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29,
Page 41, of the Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B.R.R.
Co. Survey, Abstracts 232 and 542, Brazoria County, Texas. (Approximately 18 acres
at the SWC of Rice Drier Road and N Main Street (SH35) with an address of 1916
North Main Street, Pearland, TX) Zone Change Application No. ZONE 17-00004, a
request of Method Architecture represented by Samuel Hero, applicant, on behalf of
Presidio Equities, LLC, owner, represented by Bobby Orr; for approval of a change in
' zoning from Light Industrial (M-1) to a Planned Development (PD) zoning district; on
approximately 18.6542 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 9 of 11 — 08/31/2017
Second and Final Reading of Ordinance No. 2000M-162 postponed to a future meeting.
Council Action - Resolution No. R2017-177 - A Resolution of the City Council of the
City of Pearland, Texas, rejecting any and all bids for construction services associated
with Fire Station #1.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-177.
City Manager Clay Pearson reported the bids were significantly above the Architect's
opinion of probable cost. Staff recommends rejecting any and all bids for construction
services associated with Fire Station #1.
Voting "Aye' Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and
Moore.
Voting "No" None.
Motion Passed 7 to 0
Council Input and Discussion - Regarding speed limits and school zones.
Postponed to a future meeting. I
Council Input and Discussion - Regarding the Planned Development process.
Postponed to a future meeting.
Council Input and Discussion: Discussion #3, Fiscal Year 2017 — 2018 Budget.
City Manager Clay Pearson reported following Budget Discussion #2, there are several
items that will require actions by Council to include in the FY2018 Budget.
1. Remove proposed changes to Fee Schedule regarding credit card fees.
a. Staff is proposing to postpone the passing on the pass-through of credit
card fees until after the first quarter of FY2018. Staff will follow-up with a
detailed plan before implementation.
2. Establishment of Motor Pool Fund.
a. The attached Sample Motor Pool Income Statement outlines what the City
could implement in FY2018 for a Motor Pool Fund.
3. Change to Capital Improvement Project to move up Library Construction.
a. Attachment C outlines implications of moving up the construction of West
Side Library.
Page 10 of 11 — 08/31/2017
' Councilmember Carbone stated he is ok with postponing the credit card fees. He would
like to discuss more about the Motor Pool Fund in a future meeting and the same with the
Library construction.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT
Meeting was adjourned at 7:51 p.m.
Minutes approved as submitted and/or corrected this the 23rd day of October, A.D., 2017.
Tom Reid
Mayor
ATTEST:
Y ng L 9, T 'moi5
(14 Sec tary
Page 11 of 11 — 08/312017
THIS PAGE LEFT BLANK INTENTIONALLY