2018-01-22 CITY COUNCIL REGULAR MEETING MINUTESMinutes of a Regular Meeting of the City Council of the City of Pearland, Texas,
held on January 22, 2018 at 6:30 PM, in the Public Safety Building, 2555 Cullen
Parkway, City Hall, 3619 Liberty Drive, Pearland, Texas
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Mayor Reid called the meeting to order at 6:30 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 Lorfing
Others in attendance Jon Branson Deputy City Manager, Matt Buchanan President of
Economic Development, Trent Epperson Assistant City Manager, Sparkle Anderson
Director of Communication, Rick Overgaard Assistant Finance Director, John McDonald
Planning, Daniel Baum Deputy Fire Chief, Roland Garcia Fire Marshal, John McCarter
Management Assistant, Chris Orlea Interim -Director for Parks and Recreation
' Department, Kim Sinistore Executive Director Pearland Visitors & Convention Bureau,
Johnny Spires Assistant Chief, Robert Upton City Engineer, Eric Wilson Director of
Public Works, Daniel McGhinnis Chief Information Technology, and Bob Pearce Budget
Officer.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by
Chief of Police Johnny Spires.
CITIZEN COMMENTS:
Jarred Hostetler 17410 CR 127, Pearland, Texas 77581 addressed Council stating his
home was the only home recently annexed on the north side of the airport by the City
of Pearland. He states he feels singled out, and is here to request that his home be
disannexed from the City. Mr. Hostetler requests to receive the same fire services,
emergency services, and roads services as his neighbors.
PUBLIC HEARING:
None.
Peadand Regular Meeting Minutes January 22, 2018
CONSENT AGENDA:
A. Approval of Minutes: '
Minutes of the December 18, 2017, Joint Special Meeting held at 6:30 p.m.
Minutes of the January 8, 2018, Special Meeting held at 5:30 p.m.
B. Consideration and Possible Action — Resolution No. R2018-21 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
change order with Construction Masters of Houston, Inc., in the amount of
$87,472.06 associated with the Delores Fenwick Nature Center Project (Fire
Protection Improvements).
C. Consideration and Possible Action — Resolution No. R2018-24 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Unit Supply Contract for traffic signal heads and components with Traffic
Parts, Inc., in the estimated amount of $100,000.00 for the period of
February 28, 2018 through February 27, 2019.
D. Consideration and Possible Action — Resolution No. R2018-20 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
conveyance of Special Warranty Deed for the West Conveyance Pond to
the Lower Kirby Pearland Management District ("LKPMD") and Pearland
Municipal Management District No. 1 ("PMMD No. 1").
E. Consideration and Possible Action — Resolution No. R2018-14 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing an ,
Interlocal Agreement between the City and Texas Department of
Transportation ("TXDOT"), in the estimated amount of $4,500.00 for
materials testing services associated with the Max Road Expansion Project
(Hughes Ranch Road to Reid Road).
F. Consideration and Possible Action — Resolution No. R2018-19 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Seismic Testing Permit for Denbury Onshore to include an additional 2.5
square miles of testing area (generally located south of Bailey Road along
SH 35 to CR 414).
Councilmember Carbone asked that Consent Agenda Item B 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 F with the exception of Item B as presented on
the Consent Agenda.
Voting "Aye": Councilmembers Reed, Carbone, Moore, Little, Ordeneaux, Owens, and
Perez.
Voting "No": None. '
Motion Passed: 7 to 0.
Pearland Regular Meeting Minutes January 22, 2018
MATTERS REMOVED FROM CONSENT AGENDA:
' As requested by Councilmember Carbone Consent Agenda Item B was removed for
further discussion.
B. Consideration and Possible Action — Resolution No. R2018-21 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
change order with Construction Masters of Houston, Inc., in the amount of
$87,472.06 associated with the Delores Fenwick Nature Center Project (Fire
Protection Improvements).
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore, to
table this item to a future agenda.
Voting "Aye": Councilmembers Reed, Carbone, Moore, Little, Ordeneaux, Perez, and
Owens.
Voting "No": None.
Motion Passed: 7 to 0.
' NEW BUSINESS:
First Reading of Ordinance No. 1554 - An Ordinance of the City Council of the City of
Pearland, Texas, temporarily suspending certain development regulations related to the
renovation, remodeling, and expansion of facilities owned and maintained by the
Pearland Independent School District ("District") to assist the District in expeditious
implementation of its 2016 bond program.
Clay Pearson City Manager stated the City has a section provided in the Unified
Development Code to provide several exemptions to "Public Educational Facilities" Staff
recommends approval of Ordinance No. 1544 permitting the temporarily suspension of
certain development regulations related to the renovation, remodeling, and expansion of
facilities owned and maintained by the Pearland Independent School District to assist
the District in expeditious implementation of its 2016 bond program.
Councilmember Perez stated he has had conversation with Staff and with some of the
Trustees he has concern with treating the school different from everybody else. The
other major school district in our area has never requested a waiver, or variance for any
of their requirements. He is disappointed, and has a tough time voting for something
that is a complete and total waiver of significant components of the City's criteria which
' are very easy to comply with. It is not appropriate to vote on this item without some sort
of resolution from the school board making this request.
Mayor Pro -Tem Reed stated he agrees with Councilmember Perez he would like a
more speck request from the School Board.
Pearland Regular Meeting Minutes January 22, 2018
Discussion ensued regarding the zoning requirements that should have already been
considered at the time of the preliminary planning. '
John Posh Pearland Director of Bond Construction for the District addressed Council
and states this started several months ago when looking at the Unified Development
Code requirements and the impact on the projects. To comply with everything was well
over $1 million. One of the initial question during the pre -development meetings with the
Planning and Development Staff was whether some things such as landscape buffers
could be differed. These things would ultimately still get done, just incorporated into the
next bond, or the next 10 years whichever is sooner.
Councilmember Carbone stated he agrees with Councilmember Perez, essentially the
school district saying the same thing we hear from small business owners trying to
develop in the City and we are handing out a waiver. As of tonight, I will have to vote no,
or postpone, and would like to get the formal recommendation from the school board
trustees.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
postpone to a future meeting.
Councilmember Ordeneaux absent from the chambers.
Voting "Aye": Councilmembers Carbone, Moore, and Little.
Voting "No": Councilmembers Reed, Owens, and Perez.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No" Mayor Reid.
Motion Failed: 4 to 3.
First Reading of Ordinance No. 1497-5 - An Ordinance of the City Council of the City
of Pearland, Texas, amending Ordinance No. 1497-4 as it applies to certain times and
limits for school zones established for vehicles under the provisions of the Texas
Transportation Code (Alvin ISD School zone start times and the school zone limits of
Mary Burks Elementary and Nolan Ryan Junior High), upon certain streets and
highways, of parts thereof, within the corporate limits of the City of Pearland, as set out
in this ordinance; and providing a penalty.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Carbone, to
approve Ordinance 1497-5 on its First Reading.
Clay Pearson City Manager stated the following changes have been discussed and
agreed upon by City Staff and Alvin Independent School District. we are always looking
at the school zones, with not only expansions but also with new schools we want to
Pearland Regular Meeting Minutes January 22, 2018
upgrade some of the areas to harmonize the times with the actual school start time and
' extend the zones.
Mayor Pro -Tem Reed stated he would like to thank staff for their work with the district
and pushing this forward.
Councilmember Owens stated he would like to see letters drafted and sent out to the
residents between the City and Alvin Independent School District showing the recent
changes that have been made addressing the concerns brought forth by the residents
and the Alvin Independent School District Superintendent.
Discussion ensued between Council and Assistant City Manager Trent Epperson
regarding as procedural to start looking on the school zone adjustments earlier next
year to allow Staff and Council time to make needed modifications in a timely manner.
Voting "Aye": Councilmembers Reed, Carbone, Moore, Little, Ordeneaux, Perez and
Owens.
Voting "No": None.
Motion Passed: 7 to 0
' Council Action — Resolution No. R2018-23 - 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 for the FM 518 Turn Lane Project (FM 518 at SH 288); being a
0.0351 acre (1,530 square feet) parcel of land, out of the John M. Maxey Survey
Abstract Number 675, Brazoria County, Texas and being out of that certain called
1.1810 acre tract conveyed to JP Morgan Chase Bank from That The Crossing At 288
Shopping Center, Ltd. by deed executed June 16, 2003 recorded under Brazoria
County Clerk's File Number 03 037078 of the Official Public Records of Brazoria
County, Texas, for the construction and maintenance of 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.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2018-23.
Darrin Coker City Attorney stated this is an eminent domain matter and having to do this
to obtain a clear title. He read into the record the caption to Resolution No. R2018-23.
' Councilmember Moore stated he has always thought a turn lane was needed in that
area and is glad that it is finally happening.
Pearland Regular Meeting Minutes January 22, 2018
Voting "Aye": Councilmembers Reed, Carbone, Moore, Little, Ordeneaux, Perez and
Owens.
Voting "No": None.
Motion Passed: 7 to 0.
Council Action — Resolution No. R2018-22 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into an
Industrial District Agreement Extension with Danbury Resources, Inc.
Councilmember Little made the motion, seconded by Councilmember Ordeneaux, to
approve Resolution R2018-22.
Clay Pearson City Manager stated the City has an existing development agreement with
Danbury. This is the southeast part of town along the state highway 35. The agreement
provides that Debury will pay in lieu of tax payments amounts based on value to the City
in exchange the City will not incorporate that property. Staff recommends that the City
extend the Agreement for a period of one year, and Denbury officials have agreed to
our proposed terms and conditions.
Voting "Aye": Councilmembers Reed, Carbone, Moore, Little, Ordeneaux, Perez and '
Owens.
Voting "No": None.
Motion Passed: 7 to 0.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
Councilmember Perez stated he would like to take the opportunity to commend Staff
for the effort put in this weekend with the waterline that went down over at the west
side during these freezing conditions. Councilmember Perez extended his
appreciation to the Public Works department for all their hard work in restoring the
water so quickly.
OTHER BUSINESS: None.
Pearland Regular Meeting Minutes January22, 2018
ADJOURNMENT
Meeting was adjourned at 7:25 p.m.
Minutes approved as submitted and/or corrected this the 2611 day of March, A.D.,
2018.
Tom Reid
Mayor
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Peadand Regular Meeting Minutes January 22, 2018