2017-10-09 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 9, 2017 AT 5:00 P.M., IN THE
PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 5:00 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Derrick Reed
Tony Carbone
Gary Moore
Keith Ordeneaux
J. David Little
Trent Perez
Woody Owens
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Matt Buchanan President of Economic Development Corporation;
Trent Epperson Assistant City Manager; Martin Griggs Senior Planner; John McDonald
Director of Community Development; Vance Riley Fire Chief; Johnny Spires Police Chief;
Robert Upton City Engineer; Eric Wilson Director of Public Works; Sparkle Anderson
Communications Director; Andrea Brinkley Assistant Director of Public Works; Joel Hardy
Interim Management Assistant; Skipper Jones Assistant Director of Capital Projects; Daniel
McGhinnis Chief Information Officer; Bob Pearce Purchasing Officer; Lawrence Provins
Deputy City Attorney.
The invocation was given by Mayor Reid 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.
CITIZEN COMMENTS:
Ron Solomon, 2606 Marble Creek Drive, addressed Council stating he is the Creative
Director and Founder of Kids Backporch Productions a youth theatre in Pearland. He asked
Pearland for support for the arts to be able to remain in Pearland.
Tony Barcelona, 3602 Pine Tree Drive, addressed Council stating his concerns regarding
the drainage and flooding in the Pine Hollow neighborhood.
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CONSENT AGENDA:
A. Consideration and Possible Action Approval of
1. Minutes of August 21, 2017, Special Meeting held at 6:30 p.m.
2. Minutes of the September 11, 2017, Joint Public Hearing held at 6:30
p.m.
B. Consideration and Possible Action - Resolution No. R2017-198 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
Arcadis U. S., Inc. to perform construction management and inspection
services, in the amount of $169,720.00 associated with the Hughes Ranch
Road Waterline Project (Task Order No. 5).
C. Consideration and Possible Action — Resolution No. R2017-203 - 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 2018 General Assembly and Board of Directors.
D. Consideration and Possible Action - Excuse the Absence of
Councilmember J. David Little from the Regular Council Meeting held on
September 25, 2017.
E. Consideration and Possible Action — Resolution No. R2017-202 - A
Resolution of the City Council of the City of Pearland, Texas, establishing
the Council Meeting times and dates for 2018.
Mayor Reid asked that Consent Agenda Item C be removed from the Consent Agenda
for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through E with the exception of Item C 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:
As requested by Mayor Pro -Tem Reed Consent Agenda Item C was removed for further
discussion.
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C. Consideration and Possible Action — Resolution No. R2017-203 - 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 2018 General Assembly and Board of Directors.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-203 as amended.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone to
amend Resolution No. R2017-203 by adding Councilmember Gary Moore as the alternate
to the Houston -Galveston Area Council 2018 General Assembly and Board of Directors.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Motion Passed 7 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
NEW BUSINESS:
First Reading of Ordinance No. CUP 17-00015 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Liquor/Package Store use in the General
Business (GB) zoning district, Being Tract "B" a 3.1312 acre (136,394 sq. ft.) out of a
13.7809 acre (600,300 sq. ft.) tract of land, that same called 15.0832 acre tract conveyed
by to Leslie Gordon Liere, recorded in Clerk's File Number (C.F. No.) 03-066667 Brazoria
County Deed Records (B.C.D.R.), to Richard Douglas Liere in C.F. No. 03-066666 and
to Beatrice Theriot, Virgie Hawk, and Hattie Mae Wood in cause No. 9573 Brazoria
County Probate Records, said tract being all of Lot 60 of the Allison Richey Gulf Coast
Home Co., Section 85 a subdivision of record in Volume 2, Page 107 of the Brazoria
County Plat Records, located in the H.T. & B. R.R. CO. survey, Abstract 304, Brazoria
County, Texas. (9603 Broadway Street, Pearland, TX.) Conditional Use Permit
Application No CUP 17-00015, within the General Business (GB) zoning district, at the
request of Gilbert Mandke PLLC, applicant, on behalf of AVK Properties, LLC represented
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by Kannimel O. Mathew, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Ordinance No. CUP 17-00015 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council was approval of the Conditional Use' Permit Application No. CUP
17-00015.
Senior Planner Martin Griggs provided an overview of the requested Liquor/Package
Store use in the General Business (GB) zoning district.
Councilmember Perez made the motion, seconded by Councilmember Little to postpone
Ordinance No. CUP 17-00015 until such time regulations have been created on how the
City would like to space out Liquor/Package Stores.
Voting "Aye" Councilmembers Perez, Owens, Carbone and Reed.
Voting "No" Councilmembers Moore, Ordeneaux and Little.
Motion Passed 4 to 3.
First Reading of Ordinance No. CUP 17-00018 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a
Church building to be located in Single—Family Residential -2 (R-2) zoning district,
Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W. Murdock
Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria County, Texas,
and being a part of certain called 117.08 acre tract described in a deed from Elizabeth
Alexander Nisbett to R. West Development Co., Inc., dated August 30, 1999 and recorded
under Clerk's File No. 99-040666, Official Public Records, Brazoria County, Texas (as a
proposed plat). (Southside of Pearland Parkway across from Oak Ridge Drive,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00018, within the Single—
Family Residential -2 (R-2) zoning district, at the request of Rekha Engineering
represented by Robert A. Marlowe, applicant, on behalf of R West Development
Company, owner, containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Ordinance No. CUP 17-00018 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council approval of Conditional Use Permit Application No. CUP 17-00018.
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Senior Planner Martin Griggs provided and overview of the requested Conditional Use
Permit (CUP) to allow for a Church building to be located in Single -Family Residential -2
(R-2) zoning district.
Discussion ensued between Councilmember Perez and Senior Planner Martin Griggs
regarding the site plan as part of the Conditional Use Permit (CUP).
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and
Moore.
Voting "No" None.
Motion Passed 7 to 0.
First Reading of Ordinance No. 2000M-164 - 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
the east 181.00 feet of Lot 2 in Block 5 of Herridge Miller Subdivision of 102 acres of land
in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a subdivision in Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 734, Page 237
of the Map Records of Brazoria County, Texas. (6518 Rice Road, Pearland, TX.) Zone
Change Application I No. ZONE 17-00017, a request of Amanda R. Bennett,
applicant/owner; for approval of a change in zoning from Single -Family Residential
(R-1) to a General Commercial (GC) zoning district; on approximately 1.98 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.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Ordinance No. 2000M-164 on its First Reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council approval of a change in zoning from Single -Family Residential (R-
1) to a General Commercial (GC) zoning district.
Mike Knuckey, 6442 Rice Road, addressed Council stating he owns the property at 6428
and 6442 Rice Road.' He stated his concerns of flooding and other issues if this zone
change is approved.
Senior Planner Martin Griggs provided an overview of the requested zone change.
Councilmember Perez stated he will be voting no on this item. When Council votes for a
zone change Council votes for the land, not the use or situation. Council has to consider
if the property owner ,decides to sell the land after it is zoned for commercial anything
allowed in that use can occupy that land. Council has to consider the consequences long
term to the neighbors.
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Councilmember Moore requested Staff to look into the areas in Pearland where there is
overlapping of different zones, and update the maps.
Voting "Aye" Councilmembers Ordeneaux, Little, Owens, Moore and Reed.
Voting "No" Councilmembers Perez and Carbone.
Motion Passed 5 to 2.
Council Action — Resolution No. R2017-178-1 — A Resolution of the City Council of the
City of Pearland, Texas, amending R2017-178; extending the temporary waiver of
building permit fees associated with the repair of homes and businesses damaged by
Hurricane Harvey until November 30, 2017.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-187-1.
City Manager Clay Pearson reported Council is being asked for approval to extend the
temporary waiver of building permit fees associated with the repair of homes and
businesses damaged by Hurricane Harvey until November 30, 2017.
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone, Moore, Reed and
Ordeneaux.
Voting "No" None.
Motion Passed 7 to 0.
First Reading of Ordinance No. 2000M-165 - 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 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No. 234 in Brazoria
County, Texas. Said 9.874 -acre tract is part of Lot 27 of the Allison -Richey Gulf Coast
Home Company's Part of Suburban Gardens Subdivision as recorded in Volume 2, Page
23 in the Brazoria County Plat Records. (2409 and 2421 Max Road, Pearland, TX) Zone
Change Application No. ZONE 17-00016, a request of George Gartner, applicant, on
behalf of Julia Faye Ross, owner; for approval of a change in zoning from Suburban
Residential -12 (SR -12) to a General Commercial (GC) zoning district; on
approximately 9.874 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.
Councilmember Perez made the motion, seconded by Councilmember Owens to approve
Ordinance No. 2000M-165 on its First Reading.
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Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council approval of Zone Change application No. Zone 17-00016.
Senior Planner Martin Griggs provided an overview of the change in zoning from
Suburban Residential -',12 (SR -12) to a General Commercial (GC) zoning district.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed, Ordeneaux and
Little.
Voting "No" None.
Motion Passed 7 to 0.,
Council Action —.Resolution No. R2017-180 - A Resolution granting the consent of the
City Council of the City of Pearland, Texas, consenting to the annexation of approximately
14.720 acres, generally located at the southeast corner of Pearland Parkway and Hughes
Road, into Harris-Brazoria Counties Municipal Utility District No. 509.
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-180.
City Attorney Darrin Coker reported this item was on a previous agenda and postponed
so some additional information could be provided.
Discussion ensued between Councilmember Perez and Municipal Utility District No. 509
Representative Ryan Harper regarding the purpose of this annexation will be single family
residential.
Voting "Aye" Councilmembers Owens, Carbone, Moore, Reed, Ordeneaux, Little and
Perez.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-205 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a contract for construction services associated with the
Trail Connectivity Phase 2 (Centennial Park to Magnolia Road), to Tandem Services,
LLC., in the amount of $550,030.20.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No, R2017-205.
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City Manager Clay Pearson reported Council is being asked to award a contract for
construction services associated with the Trail Connectivity Phase 2 (Centennial Park to
Magnolia Road), to tandem Services, LLC., in the amount of $550.030.20.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-210 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid to Construction Masters of Houston, Inc., in the
amount of $2,535,728.00, for construction of the Delores Fenwick Nature Center,
including an appropriation of $480,000.00 from the Park Development Fund.
Councilmember Moore made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-210.
City Manager Clay Pearson reported Council is being asked to award a bid to
Construction Masters of Houston, Inc., in the amount of $2,535,728.00.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-211 - A Resolution of the City Council .of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into an
Amended Lease Agreement with The University of Houston ("UH") and transferring
certain real property to UH.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-211.
City Attorney Darrin Coker reported the City and The University of Houston (UH)
previously entered into a Letter of Intent for the City to donate a portion of the City's
property to UH if the State Legislature approved funding for a new building to serve the
Pearland Campus. Funding for the new building was approved, but before the property
could be conveyed to UH, it had to be subdivided and the Lease Agreement amended.
The property subdivision was necessitated by the fact the City could not convey the entire
property to UH while the City owned the current building and associated outstanding CO
debt associated with it. Last year the property was subdivided and Council approved the
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property transfer (21.3654 acres) and Lease Amendment (UH assumed all debt service
and maintenance responsibilities) to pave the way for construction of the new UH building.
Councilmember Ordeneaux stated he voted against the first transfer of property and he
will be voting against this item also.
Voting "Aye" Councilmembers Reed, Little, Perez, Owens, Carbone, and Moore.
Voting "No" Councilmember Ordeneaux.
Motion Passed 6 to 1.
Council Action - Resolution No. 82017-212 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City's participation in the Federal Emergency
Management Agency's Disaster Recovery Public Assistance Program - DR -TX -4332 -
Hurricane Harvey.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-212.
City Manager Clay Pearson reported Council is being asked to authorize the City's
participation in the Federal Emergency Management Agency's Disaster Recovery Public
Assistance Program.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Motion Passed 7 to 0.
Council Input and Discussion — Regarding Debris Removal Protocols for Private
Business Addresses.
City Manager Clay Pearson reported the removal of debris from commercial property and
the demolition of commercial structures are generally not eligible for Public Assistance
grant funding. It is assumed and expected that these commercial enterprises retain
insurance that can and will cover the cost of debris removal and/or demolition.
Councilmember Perez stated he personally would have expressed to the City to go ahead
and remove the commercial debris and the City would pick up the bill. Just so the City will
be cleaned up and commercial debris is not setting out for a long period of time. He further
stated if there is a process regarding the commercial debris to be picked up so it is not
out on the curb for a long period of time.
Page 9 of 11 — 10/09/2017
Councilmember Ordeneaux stated this is a policy making board"and he does not see that .
this is, a policy issue. He does not see a problem regarding commercial debris at this time.
Councilmember Owens stated he agrees with Councilmember Perez, there is a concern
regarding the commercial debris that has not been, removed.
Councilmember Carbone stated he does not know if it would be too cumbersome for Staff
to give Council a short write up on how much commercial debris still needs to be removed.
He further stated he would like to see how big of an issue it is.
Assistant City Manager Trent Epperson provided information to Council regarding several
options that Commercial businesses can utilize to have their debris removed. He further
stated Staff can do a survey of the commercial debris and provide educational material
to the businesses.
City Manager Clay Pearson stated there is an estimated 30 businesses in the City with
debris that needs to be removed. The City will provide the educational material of options
the businesses can utilize.
Mayor Reid called for a recess at 6:20 p.m. from the Regular meeting to call the Public
Hearing to order.
Mayor Reid reconvened the City Council Regular meeting at 8:17 p.m. ,
Council adjourned into Executive Session under Texas Government Code at 8:17 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.072 — Consultation with the City Attorney — Regarding the
purchase, exchange or lease of property for City facilities.
2. Section 551-087 — Consultation with City Attorney — Regarding Economic
Development Negotiations.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:54 p.m.
Council Action — Regarding the purchase, exchange or lease of property for City
facilities.
Councilmember Perez made the motion, seconded by Councilmember Carbone for
consideration and approval of the Pearland Economic Development Corporation to enter
into a loan agreement and purchase agreement for the sale of real property with Prospect
Number 1704 and/or any related entities.
Page 10 of 11 — 10/09/2017
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Little, Perez and Owens.
Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent from the Chambers.
Council Action - Regarding Economic Development Negotiations.
Councilmember Perez made the motion, seconded by Councilmember Carbone for
consideration and approval of a Development Agreement with Presidio Equities LLC and
a Reimbursement Agreement with the Pearland Economic Development Corporation for
drainage and Rice Drier roadway improvements associated with the Rice Drier Business
Park, and authorizing the City Manager to execute the agreements.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Little, Perez and Owens.
Voting "No" None.
Motion Passed 6 to 0, with Mayor Pro -Tem Reed absent from the Chambers.
OTHER BUSINESS: None,
ADJOURNMENT
Meeting was adjourned at 9:56 p.m.
Minutes approved as submitted and/or corrected
2017.
ATTEST:
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o ng L Yn6,-T�Vd
ity Secretary
this the 13th day of November, A.D.,
Slf -A
rrick Reed
Mayor Pro -Tem
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