2017-10-23 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 23, 2017 AT 6:30 P.M., IN
THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 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: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Ron Fraser Assistant Police Chief; John McDonald
Director of Community Development; Jimontanae McBride City Planner; Cynthia Pearson
Director of Finance; Vance Riley Fire Chief; Robert Upton City Engineer; Eric Wilson Director
of Public Works; Joel Hardy Interim Management Assistant; Skipper Jones Assistant Director
of Capital Projects; Daniel McGhinnis Chief Information Officer; Letitia Farnie Municipal Court
Judge.
The invocation was given by Pastor Brian Gigee of New Life Lutheran Church and the Pledge
of Allegiance was led by Assistant Police Chief Ron Fraser.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers Carbone, Moore,
Ordeneaux, Little, Perez and Owens.
CITIZEN COMMENTS:
Julie Scheers, 5702 Windy Knoll Lane, addressed Council stating her concerns regarding the
response time for emergency services to the Lakes of Savannah.
F.J. Jones, 5519 Autumn Ash Lane, addressed Council stating she is the Vice President of,the
Homeowners Association (HOA) of the Lakes of Savannah and the Vice President of Municipal
Utility District #21. She stated her concerns regarding the vacant fire station and the response
time for emergency services.
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Renae Medlock, P.O. Box 1789, addressed Council stating she is the Director of Brazoria
County Municipal Utility District #21 and a resident of the Lakes of Savannah. She stated her
concerns regarding the vacant fire station and the response time for emergency services.
Delores Jenkins, 5305 Creekmill Lane, addressed Council stating she is the President of
Brazoria County Municipal Utility District #21. She stated her concerns regarding fire and
emergency services for Municipal Utility Districts #21 and #22.
John Cacolice, 13308 Barton Meadow Lane, addressed Council stating he is a Brazoria
County Municipal Utility District #21 Director. He stated his concerns regarding the vacant fire
station.
CONSENT AGENDA:
A. Consideration and Possible Action Approval of :
1. Minutes of the August 14, 2017, Regular Meeting held at 6:30 p.m.
2. Minutes of the August 31, 2017, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action — Second and Final 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.
C. Consideration and Possible Action — Second and Final 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
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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.
D. Consideration and Possible Action — Resolution No. R2017-208 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for Fire Department medical screening services with Memorial -
Hermann Medical Group in the estimated amount of $85,000.00 for the
period of October 10, 2017 through October 9, 2018.
E. Consideration and Possible Action — Resolution No. R2017-220 - 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, 2017 through October 26, 2018.
F. Consideration and Possible Action — Resolution No. 82017-214 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract to Southwest Signal Supply, Inc., for Network School
Zone Flasher Systems, in the estimated amount of $ 112,476.00, for the
period of November 1, 2017 through October 31, 2018.
G. Consideration and Possible Action — Resolution No. R2017-221 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
conveyance of drainage easements, located within Pearland Independence
Park, to Brazoria Drainage District No. 4.
H. Consideration and Possible Action — Resolution No. R2017-195 - A
Resolution of the City Council of the City Of Pearland, Texas, ratifying Fiscal
Year 2017 expenditures with Pearland Lumber and authorizing participation
in an interlocal agreement with Brazoria County for the purchase of
Hardware Supplies and Materials from Pearland Lumber Company, Inc. in
the estimated amount of $100,000.00, for as needed materials for October
2017 through September 2018.
I. Consideration and Possible Action — Resolution No. R2017-204 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
and all bids for construction services associated with Corrigan Ditch Sub -
Basin at Mary's Creek Drainage Improvements.
J. Consideration and Possible Action — Resolution No. R2017-184 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
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City Manager or his designee to participate in cooperative contracts through
the Texas BuyBoard for heavy equipment services (repair, rental and parts)
with Associated Supply -Company Inc. (ASCO), in the estimated amount of
$200,000.00, for the period of October 24, 2017 through October 23, 2018.
K. Consideration and Possible Action — Resolution No. 82017-213 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Seismic Testing Permit for the area generally located south of Bailey Road
and north of County Road 128.
L. Consideration and Possible Action — Resolution No. R2017-209 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit cost contract with Lone Star Pavement Services, LLC., for road striping
services, in the estimated amount of $240,000.00, for the period of
November 1, 2017 through October 31, 2018.
Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through L 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:
Second and Final 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 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.
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Councilmember Moore made the motion, seconded by Councilmember Ordeneaux to
approve Ordinance No. 2000M-164 on its Second and Final Reading.
Joseph Niscavits, 6518 Rice Road, addressed Council stating his concerns of not being
able to put a driveway between his place of business and residence.
Ricky Bort, 6545 Rice Road, addressed Council stating his concerns against the zone
change.
Mary Helen Perez, 1618 Hatfield Road, addressed Council stating her concerns against
the zone change.
Maria Garza, 1610 Hatfield Road, addressed Council stating her concerns against the
zone change.
Mike Knuckey, 6442 and 6428 Rice Road, addressed Council stating Rice Road is a quite
single-family residential (R-1) zone with very little crime. He stated his concerns against
the zone change.
Rosa Mendez, 6443 Rice Road, addressed Council stating she does not see a problem
with having the zone changed to general Commercial (GC).
Joe Bennett, 10227 Kirkwren Drive, addressed Council asking for approval of the zone
change to allow for a temporary access to the property.
Amanda Bennett, 6518 Rice Road, addressed Council asking for approval of the zone
change.
Sara Said, 6528 Rice Road, addressed Council asking for approval of the zone change.
Stanley Clark, 13242 Wilke Road, addressed Council stating his concerns against the
zone change.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to forward to Council was approval of the Zone Change Application No. ZONE 17-00017.
Deputy City Manager Jon Branson reported on the. requested zone change. He further
stated Staff does not recommend approval of the zone change. The Planning and Zoning
Commission recommended approval. The City has received protest of 20% of the
property owners in the affected area. In order for this item to be approved Council will
need to have a super majority vote which will require 6 affirmative votes.
Councilmember Moore stated he does not understand why the City cannot provide the
applicant a way to get to their commercial property until McHard road comes through.
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Councilmember Perez stated he does struggle with this because he can see both sides.
He does not feel comfortable in making the zone change.
Councilmember Carbone stated a commercial zone change does not make sense for that
area.
Mayor Pro -Tem Reed stated he did vote for this at the first reading. Since then 20% of
the residents in the area do not want this zone change so he will be voting against the
change.
Voting "Aye" Councilmembers Moore, Ordeneaux, Little and Owens.
Voting "No" Councilmembers Reed, Perez and Carbone.
Motion Failed 4 to 3.
First Reading of Ordinance No. CUP 17-00016 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Truck (Heavy) and Bus Rental or Sales use
in the General Commercial (GC) zoning district, A 3.1092 acre tract of land out of Lot
46 of the Allison Richey Gulf Coast Home Company's subdivision of Section 8,
H.T&B.R.R. CO. Survey also called the F.B. Drake Survey, Abstract 504, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 2, Page 24, of
the Plat Records of Brazoria County, Texas. (6601 Broadway Street, Pearland, TX.)
Conditional Use Permit Application No CUP 17-00016, within the General Commercial
(GC) zoning district, at the request of Pogie USA, LLC., applicant and owner, represented
by Bruce Honore, 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 17-00016 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 17-00016.
City Planner Jimontanae McBride reported on the requested Conditional Use Permit
Application No. CUP 17-00016.
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and
Moore.
Voting "No" None.
Motion Passed 7 to 0.
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1
Council Action — Resolution No. R2017-223 - A Resolution of the City Council of the
City of Pearland, Texas, approving 4th Amended Development Agreement with
Savannah Development LTD., a Limited Partnership ("Savannah").
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Reed to
approve Resolution No. R2017-223.
City Attorney Darrin Coker reported on the 4t" Amended Development Agreement with
Savannah Development LTD.
Discussion ensued between Councilmember Ordeneaux and City Attorney Darrin Coker
regarding annexation.
Discussion ensued between Mayor Pro -Tem Reed and City Attorney Darrin Coker
regarding the number of single family homes and the City staffing the fire station.
Fire Chief Vance Riley stated it has been proposed to put two employees at Fire Station
No. 6 in Lakes of Savannah around the clock. To do that the proposal was to request an
additional amount to the monthly fee, which was up to $30.00 a month per household to
be able to staff the fire station with two employees.
Councilmember Perez stated he would like to put that proposal back on the burner to see
what the City can do to resolve this.
Discussion ensued between Councilmember Moore and Savannah Development, LTD.
Representative regarding the number of homes planned for the development.
Councilmember Owens stated his concerns regarding not being able to provide services.
City Attorney Darrin Coker stated the $30.00 was inclusive of the amount that was already
being paid. If that was an accurate number it would result in approximately doubling the
existing amount.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone and Moore.
Voting "No" Mayor Pro -Tem Reed.
Motion Passed 6 to 1.
Council Action — Resolution No. R2017-216 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid to SER Construction Partners, LLC., in the
amount of $ 6,797,521.78, for construction of the Max Road Expansion Project (Hughes
Ranch Road to Reid Road).
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Councilmember Little made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2017-216.
Deputy City Manager Jon Branson reported Council is being asked to award a bid to SER
Construction Partners, LLC. in the amount of $6,797,521.78 for construction of the Max
Road Expansion Project.
Councilmember Perez stated he agrees with awarding the bid to SER Construction
Partners, LLC. He further stated he sees a handful of the same company's bidding on the
projects. He would like to make sure the City is not limiting themselves by the language
used in the Request for Proposal (RFP) that is keeping other contractors from bidding a
project.
City Engineer Robert Upton stated this was a TxDOT project advertised as well. The City
reached out through those protocols also. Staff was impressed with the seven bids
received. Staff is looking into evaluating the tools regarding Request for Proposals (RFP)
to try to get a fresh pool of contractors.
Voting "Aye"' Councilmembers Little, Perez, Owens, Carbone, Moore, Reed and
Ordeneaux.
Voting "No" None.
Motion Passed 7 to 0.
1
Council Action — Resolution No. R2017-206 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to participate in
cooperative contracts through the Texas BuyBoard with Kraftsman Commercial
Playgrounds and Water Parks for the purchase and construction of an event stage and
dressing rooms associated with the Independence Park Project (Phase 1), in the amount
of $380,321.00.
Councilmember Perez made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-206.
Deputy City Manager Jon Branson reported Council is being asked for approval to
participate in cooperative contracts through the Texas BuyBoard with Kraftsman
Commercial Playgrounds and Water Parks for the purchase and construction of an event
stage and dressing rooms associated with the Independence Park Project Phase 1, in the
amount of $380,321.00.
Discussion ensued between Councilmember Moore and City Engineer Robert Upton
regarding the operation and maintenance costs will be through the Parks and Recreation
department.
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Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed, Ordeneaux and
Little.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-207 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to participate in
cooperative contracts through the Texas BuyBoard with Kraftsman Commercial
Playgrounds and Water Parks for the purchase and installation of playground equipment
associated with the Independence Park Project (Phase 1), in the amount of $308,728.00.
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-207.
Deputy City Manager Jon Branson reported Council is being asked for approval to
participate in cooperative contracts through the Texas BuyBoard with Kraftsman
Commercial Playgrounds and Water Parks for the purchase and installation of playground
equipment associated with the Independence Park Project Phase 1, in the amount of
$308,728.00.
Voting "Aye" Councilmembers Owens, Moore, Reed, Ordeneaux, Little and Perez.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Carbone absent from the Chambers.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Mayor Pro -Tem Reed would like to have more information on the negotiations between
the City and the Municipal Utility District (MUD) regarding Fire Station No. 6.
Council adjourned into Executive Session under Texas Government Code at 8:09 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.074 — Personnel Matters — Regarding the appointment of an
Associate Judge(s) in Municipal Court.
2. Section 551-071 — Consultation with City Attorney— Regarding Matters Subject
to the Attorney — Client Privilege.
3. Section 551.071 — Consultation with City Attorney — Regarding potential
litigation.
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Council returned from Executive Session at 9:20 p.m.
NEW BUSINESS CONTINUED:
Council Action — Regarding the appointment of an Associate Judge(s) in Municipal
Court.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Reed to appoint
Erum Jivani and Thomas Pfeiffer Associate Municipal Judges for the City of Pearland to
serve 4 year terms.
Voting "Aye" Councilmembers Carbone, Moore Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
Council Action - Regarding potential litigation.
City Attorney Darrin Coker recommended two different motions for this item.
Councilmember Moore made the motion, seconded by Councilmember Perez to reject
the request of the owners of the South Belt Industrial Park to be placed under the City's
year end annexation plan and also that they be prevented to negotiate for services from
the City of Pearland under the Texas Local Government Code. The area in question does
not qualify to be placed under the City's three year annexation plan under the Texas Local
Government Code.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
authorize the hiring of Olsen and Olsen Law Firm for potential litigation.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Page 10 of 11 — 10/23/2017
Motion Passed 7 to 0.
OTHER BUSINESS: None..
ADJOURNMENT
,Meeting was adjourned at 9:24 p.m.
Minutes approved as submitted and/or corrected this the 13th day of November, A.D.,
2017.
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