2017-11-27 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 27, 2017 AT 6:30 P.M., AT
THE PUBLIC SAFETY BUILDING, 2555 CULLEN BLVD., PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:46 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
Trent Perez
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember J. David Little.
Others in attendance: Daniel Baum Deputy Fire Chief; Jon Branson Deputy City Manager;
Matt Buchanan President of Economic Development Corporation; Trent Epperson
Assistant City Manager; Michelle Graham Director of Human Resource; John McDonald
Director of Community Development; John McCarter Budget Officer; Chris Orlea Director
of Parks and Recreation; 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; Jennifer Huhn Court
Administrator; Skipper Jones Assistant Director of Capital Projects; John Knight IT
Manager; Rick Overgaard Assistant Finance Director; Lawrence Provins Deputy City
Attorney; Johnny Spires Police Chief.
The invocation was given by Brazoria County Constable Buck Stevens and the Pledge of
Allegiance was led by Police Chief Johnny Spires.
ROLL CALL: Mayor Pro -Tem Reed, Councilmembers, Carbone, Moore, Ordeneaux,
Perez, and Owens.
Mayor Reid recognized Eagle Scout Steven Bohanan attending the Council meeting
CITIZEN COMMENTS:
Mayor Reid called the Public Hearing to order at 6:50 p.m.
PUBLIC HEARING: For Creation of a Reinvestment Zone #29 in the Lower Kirby District.
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STAFF REVIEW: '
City Attorney Darrin Coker presented an overview of the Creation of a Reinvestment
Zone #29 in the Lower Kirby District.
CITIZEN COMMENTS: None.
COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT:
The Public Hearing was adjourned at 6:54 p.m.
CONSENT AGENDA:
A. Minutes of the September 5, 2017, Public Hearing held at 6:30 p.m.
Minutes of the September 5, 2017, Public Hearing held at 6:30 p.m.
Minutes of the September 5, 2017, Special Meeting held at 7:00 p.m.
Minutes of the September 11, 2017, Public Hearing held at 6:30 p.m.
Minutes of the September 11, 2017, Special Meeting held at 6:15 p.m.
Minutes of the October 16, 2017, Public Hearing held at 6:30 p.m.
Minutes of the November 6, 2017, Joint Public Hearing Minutes held at ,
6:30 p.m.
B. Consideration and Possible Action — Resolution No. R2017-246 —A
Resolution of the City Council of the City of Peadand, Texas, authorizing
a construction materials testing contract with GeoScience Engineering &
Testing, Inc., in the amount not to exceed $65,500.00, for the Old Alvin
Road Widening Project (Town Ditch to McHard Road).
C. Consideration and Possible Action — Resolution No. R2017-235 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Costello Engineering for design services, associated with
the FM 521 Ground Storage Tank Project, in an amount not to exceed
$237,100.00
MATTERS REMOVED FROM CONSENT AGENDA: None
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Perez, and Owens.
Voting "No" None. 1
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' Motion Passed 6 to 0, with Councilmember Little absent.
NEW BUSINESS:
Council Action -A request of the Southbelt Industrial Park Association, LLC, for inclusion
of Annexation Area I in the City's Municipal Annexation Plan.
Councilmember Moore made the motion, seconded by Councilmember Carbone for
inclusion of Annexation Area I in the City's Municipal Annexation Plan.
Councilmember Moore made the motion, seconded by Councilmember Perez to amend
the motion to deny this request.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Perez, Owens and Carbone.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
' Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Perez and Owens.
Voting "No" Councilmember Moore.
Motion Passed 5 to 1, with Councilmember Little absent.
Second and Final Reading of Ordinance No. 1548 — An Ordinance extending the city
limits of the City of Pearland, Texas, to include certain land area within certain limits and
boundaries and annexing to the City of Pearland the area within such limits and
boundaries (Area A, approximately 895 acres of land generally located north of Brazoria
County MUD 22, east of County Road 564, south of County Road 92, and west of County
Road 48); approving a service plan for all of the area within such limits and boundaries;
containing other provisions related to the subject; and providing a savings and severability
clause.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1548 on its Second and Final Reading.
' Interim Management Assistant Joel Hardy presented an overview of the Second and Final
Reading of Ordinance No. 1548, Ordinance No. 1549, Ordinance No. 1550 and
Ordinance No. 1551.
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Gabriela Martinez, 2903 Honeysickle Street, address Council stating she is speaking for '
her parents. She further stated concerns against the annexation and her parents would
like to be able to vote on this annexation.
Gerard Hauser, 2807 Honeysickle Street, addressed Council stating his concerns against
the annexation.
Patricia Murillo, 2815 Honeysickle Street, addressed Council stating her concerns against
the annexation and would like the right to vote on the annexation.
Leah Harris, 1719 Oleander Street, addressed Council stating her concerns against the
annexation.
Brenda Mendoza, 2818 County Road 48, addressed Council stating her concerns against
the annexation.
Tanya Vasquez, 1702 Oleander Street, addressed Council stating she is speaking for her
father. She further stated concerns against the annexation and her father would like the
right to vote on the annexation.
Mary Sue Cardell, 2904 Honeysickle Street, addressed Council stating her concerns
against the annexation and to have the right to vote on the annexation.
Louis Hearn, 4142 County Road 48, addressed Council stating his concerns against the
annexation and the amount of time regarding agricultural exempt.
Keidy Velasquez, 3502 County Road 564, addressed Council stating her concerns
against the annexation.
Adelita Franco, 2902 Honeysickle Street, addressed Council stating her concerns against
the annexation.
Erica Cordell, 2907 Honeysickle Street, addressed Council stating her concerns against
the annexation.
Ray Smart, 3115 County Road 48, addressed Council stating his concerns against the
annexation.
Allen Evans, 1901 County Road 59, addressed Council stating his concerns against the
annexation and would like the right to vote on the annexation.
Veronica Cardell, 2905 Honeysickle Street, addressed Council stating her concerns '
against the annexation and filing a petition.
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' Caye Hauser, 2807 Honeysickle Street, addressed Council stating her concerns against
the annexation.
Paul Oliva, 1509 County Road 59, addressed Council stating his concerns against the
annexation.
Rafael Pedravca, 3510 County Road 584, addressed Council stating his concerns against
the annexation.
Councilmember Carbone asked staff to reach out to the individual that had the question
regarding the agricultural exemption.
Discussion ensued between Councilmember Moore and City Manager Clay Pearson
regarding permits, licensed contractors and repairing homes damaged from Hurricane
Harvey if the area is annexed.
Councilmember Ordeneaux stated he understands agricultural fairly well since his dad
was an agricultural teacher. The agricultural exemption is only for the development
agreement which is for five (5) years. An individual can keep any property tax exemption
based off of agricultural indefinitely. He further stated he understands long time Pearland.
He has to do what is best for the City long term.
Councilmember Perez stated this is a tough decision for everyone involved. The City
wants to offer the protection and services to the areas, but it requires you to be in the City
limits. Over time you will see the benefits and appreciate them.
Councilmember Owens stated his concerns regarding the State Legislation stepping in.
He further stated it is a bad time for this to be happening right after Hurricane Harvey, but
it was not the City it is the State Legislation.
Voting "Aye" Councilmembers Reed, Ordeneaux, Perez and Moore.
Voting "No" Councilmember Owens and Carbone.
Motion Passed 4 to 2, with Councilmember Little absent.
Second and Final Reading of Ordinance No. 1549 — An Ordinance extending the city
limits of the City of Pearland, Texas, to include certain land area within certain limits and
boundaries and annexing to the City of Pearland the area within such limits and
boundaries (Area C, approximately 20 acres of land generally located north of McHard
Road, abutting Clear Creek at the northeast corner of nearby Country Place subdivision);
approving a service plan for all of the area within such limits and boundaries; containing
other provisions related to the subject; and providing a savings and severability clause.
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Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to '
approve Ordinance No. 1549 on its Second and Final Reading.
Voting "Aye" Councilmembers Ordeneaux, Perez, Owens, Carbone, Moore and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
Second and Final Reading of Ordinance No. 1550 — An Ordinance extending the city
limits of the City of Pearland, Texas, to include certain land area within certain limits and
boundaries and annexing to the City of Pearland the area within such limits and
boundaries (Area I, approximately 338 acres of land generally located north of Southbeft
Industrial Drive, west of Almeda School Road, south of Beltway 8, and east of FM 521);
approving a service plan for all of the area within such limits and boundaries; containing
other provisions related to the subject; and providing a savings and severability clause.
No action taken by Council.
Second and Final Reading of Ordinance No. 1551 — An Ordinance extending the city
limits of the City of Pearland, Texas, to include certain land area within certain limits and
boundaries and annexing to the City of Pearland the area within such limits and '
boundaries (Area L, approximately 983 acres of land generally located northeast of
SH35, between Dixie Farm Road and County Road 129); approving a service plan for all
of the area within such limits and boundaries; containing other provisions related to the
subject; and providing a savings and severability clause.
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Ordinance No. 1551 on its Second and Final Reading.
Mark Allen, 17626 Airfield Lane, addressed Council stating his concerns against the
annexation.
Trey Hill, 4649 Dixie Farm Road, addressed Council stating he is the owner/operator of
Dixie Farm Road Landfill. He further stated his concerns against the annexation for
himself and his neighbors.
Michele Falzon, 707 Westfield, addressed Council requesting City Council to take action
to put this annexation to rest and restart this process following all the appropriate laws.
Scott Arndt, 17800 Airfield Lane, addressed Council stating his concerns against the
annexation. 1
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' Kenneth Edwards, 16810 County Road 127, addressed Council stating his concerns
against the annexation.
Mike Rathje, 16732 County Road 127, addressed Council stating his concerns against
the annexation.
Susan Blair Callaway, 17004 County Road 127, addressed Council stating her concerns
against the annexation.
Michael Elliott, 1815 County Road 130, addressed Council stating his concerns against
the annexation.
Councilmember Owens thanked everyone for coming out and stated he will not be voting
for this annexation.
Councilmember Moore stated at the first reading he confused his vote and further stated
his vote will be different tonight.
City Attorney Darrin Coker stated there was one property owner the City was finally able
to get in touch with the owners Power of Attorney. The property owner is an elderly
individual that is not able to communicate. Staff pursued the individual to find out who had
the authority to execute a development agreement if they wanted to. Staff was not able
to confirm until late today that the property owner would want to do a development
agreement. The Power of Attorney over that particular property is a gentleman by the
name of Tommy Ford. He further stated he would like the motion to be amended to reflect
that the City will add an additional development agreement for Agricultural properties to
this Ordinance.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Reed to
amend the motion to reflect a Development Agreement as discussed by the City Attorney.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Ordeneaux, Perez, Owens, Carbone, Moore and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
Mayor Reid called for the vote on the original motion as amended.
' Voting "Aye" Councilmembers Reed, Ordeneaux and Perez.
Voting "No" Councilmembers Owens, Carbone and Moore.
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Mayor Reid voted "Aye" to break the tie vote. '
Motion Passed 4 to 3, with Councilmember Little absent.
Council Action — Resolution No. R2017-245 — A Resolution of the City Council of the
City of Peadand, Texas, authorizing an Advanced Funding Agreement with the Texas
Department of Transportation ("TxDOT"), for the Green Tee Terrace Trail Project, in the
amount of $3,635,451.00.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-245.
City Manager Clay Pearson reported this item and the next item have been in the Capital
Improvement Projects and are moving forward. These two items are Advanced Funding
Agreements with the Texas Department of Transportation (TxDOT).
Discussion ensued between Councilmember Carbone and Deputy City Manager Jon
Branson regarding the length of this project is two (2) miles.
Councilmember Carbone stated his concerns issuing over one million dollars of
Certificates of Obligation for a two (2) mile trail.
Discussion ensued between Councifinember Owens and Assistant City Manager Trent '
Epperson regarding complaints of wild hogs in the area and where the trail is going to be.
Discussion ensued between Councilmember Moore and Assistant City Manager Trent
Epperson regarding the bulk of the operational maintenance cost will be the mowing
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Perez and Owens.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1, with Councilmember Little absent.
Council Action — Resolution No. R2017-248 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing an Advanced Funding Agreement with the Texas
Department of Transportation ("TxDOT"), for the Shadow Creek Ranch Trail Project
(Kingsley Road to Kirby Drive), in the amount of $1,812,079.00.
Councilmember Moore made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2017-248.
Deputy City Manager Jon Branson reported Council is being asked to approve Resolution
No. R2017-248.
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' Councilmember Carbone stated same comment as on the last Rem. Shorter trail,
spending a lot of money issuing Certificates of Obligation. His vote will be the same.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Perez and Owens.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1, with Councilmember Little absent.
Council Action — Resolution No. R2017-243 — 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 associated with public improvements in the Lower Kirby vicinity;
being that 0.9242 acres of land, located in the James Hamilton Survey, A-881, Harris
County, Texas, which is out of the 1.00 acre tract described in the deed from Gurmett
Singh Saini to Pioneer Builders Inc. recorded under File No. 20160080127 in the Official
Public Records of Real Property, of Harris County, Texas, out of Lot 3, of the JAMES
HAMILTON SURVEY SUBDIVISION, a subdivision of record in Volume 83, Page 342 of
the Deed Records of Harris County, Texas, for the construction and maintenance of
water, sewer, drainage and road improvements 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.
City Attorney Darrin Coker stated before the official motion is made and seconded he
would like to let the Council and Public know what is going on regarding Resolution No.
R2017-243, R2017-242 and R2017-241. He further stated these three items are
authorizing the City to proceed with the acquisition of property by the power of eminent
domain. The City has been in negotiations with the property owners of the Lower Kirby
vicinity. There is a group of property that has been identified because of their unique,
small shape and access issues that would be suitable for public improvements in the
Lower Kirby area. That is the purpose of these resolutions being considered tonight is to
authorize city officials to proceed with the acquisition process. State law does require that
each one of these captions be read aloud. He stated he will read all three of the captions
aloud for Council and if Council wants to consider all three at one time a motion could
made accordingly.
Council Action — Resolution No. R2017-242 - 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 associated with public improvements in the Lower Kirby vicinity;
being that 1.000 acre of land, located in the James Hamilton Survey, A-881, Harris
County, Texas, which is all of the 1.00 acre tract described in the deed from Harris County
to Pioneer Builders Inc. recorded under File No. 20150269619, in the Official Public
' Records of Real Property, of Harris County, Texas and out of Lot 3, of the JAMES
HAMILTON SURVEY SUBDIVISION, a subdivision of record in Volume 83, Page 342 of
the Deed Records of Harris County, Texas, for the construction and maintenance of
water, sewer, drainage and road improvements on certain real property described herein;
Page 9 of 12 —11/27/2017
authorizing the city attorney, or his designee, and other city officials to take such actions I as are necessary to acquire said property, located within the city, by donation, purchase,
or by the exercise of the power of eminent domain.
Council Action — Resolution No. R2017-241 — 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 associated with public improvements in the Lower Kirby vicinity;
being that 1.000 acres of land, located In the James Hamilton Survey, A-881, Harris
County, Texas, which Is all of the 1 acre tract described in the deed from May Walker,
Constable Precinct No. 7, Harris County, TX on behalf of Lower Kirby Pearland
Management District to Pioneer Builders Inc., recorded under File No. 2016354625 in the
Official Public Records of Real Property, of Harris County, Texas, and out of Lot 3, of the
JAMES HAMILTON SURVEY SUBDIVISION, a subdivision of record In Volume 83, Page
342 of the Deed Records of Harris County, Texas, for the construction and maintenance
of water, sewer, drainage and road improvements 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 Reed made the motion, seconded by Councilmember Ordeneaux to
amend Resolution No. R2017-243, R2017-242 and R2017-241 of what the City Attorney
just stated to reflect public facilities in all three of the Resolutions. '
Voting "Aye" Councilmembers Reed, Ordeneaux, Perez, Owens, Carbone and Moore.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
Council Action — First Reading of Ordinance No. 1553 - An Ordinance of the City
Council of the City of Pearland, Texas, finding that the City has established Guidelines
and Criteria for Granting Tax Abatement pursuant to Resolution No. R2017-12;
designating and describing a Reinvestment Zone (to be known as Reinvestment Zone
#29) generally located near Kirby Drive and Beltway 8, in accordance with the Property
Redevelopment and Tax Abatement Act; finding that the improvements sought are
feasible and practical and would be a benefit to the land to be included in the zone and
the municipality after the expiration of the Tax Abatement Agreement; authorizing the City
Manager to sign tax abatement agreements when approved by the City Council; having
a savings clause and a severability clause; and an effective date.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Ordinance No. 1553 on its First Reading.
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' Deputy City Manager Jon Branson reported Council is being asked for approval of the
creation of a Reinvestment Zone near Kirby Drive and Beltway 8.
Councilmember Carbone stated this creates a zone on paper which would allow Council
the flexibility in the future if deemed appropriate to do a tax abatement with a worthy
company.
Discussion ensued between Councilmember Perez and the President of Pearland
Economic Development Corporation Matt Buchanan regarding this area is in the Regional
Detention Plan.
Voting "Aye" Councilmembers Ordeneaux, Perez, Owens, Carbone, Moore and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
Council Action — Resolufion No. R2017-244 - A Resolution of the City Council of the
City of Peadand, Texas, awarding a bid for EMS billing services to EMS Management &
Consultants at the rate of 3.9% of net collections (plus an approximate $1,496 per month
for ePCR software fee) for a three (3) year tens.
' Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-244.
Deputy City Manager Jon Branson reported Council is being asked to award a bid for
EMS billing services to EMS Management & Consultants.
Discussion ensued between Councilmember Carbone and Purchasing Officer Bob
Pearce regarding the scoring details of the bids received.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Little absent.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT:
I
Meeting was adjourned at 8:44 p.m.
Page 11 of 12 — 11/27/2017
Minutes approved as submitted and/or corrected this the 811 day of January, A.D., 2018. '
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Tom Reid
Mayor
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