2017-02-13 CITY COUNCIL REGULAR MEETING AGENDAPage 1 of 462- 13/02/2017
CITY COUNCIL AGENDA
CITY OF PEARLAND
REGULAR COUNCIL MEETING
MONDAY, FEBRUARY 13, 2017 | 6:30 PM
COUNCIL CHAMBERS│PEARLAND CITY HALL│3519 LIBERTY DRIVE
281.652.1600
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
III. ROLL CALL:
Mayor Reid, Mayor Pro-Tem Moore, Councilmembers Carbone, Reed, Ordeneaux,
Perez, and Hill.
IV. CITIZEN COMMENTS:
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three-minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question-answer session, however, it is an opportunity to voice your thoughts with City
Council.
V. CONSENT AGENDA:
All items listed under the “Consent Agenda” are considered to be routine and
require little or no deliberation by the City Council. These items will be
enacted/approved by one motion unless a councilmember requests separate
action on an item, in which event the item will be removed from the Consent
Agenda and considered by separate action (VI. matters removed from Consent
Agenda). Approval of the Consent Agenda enacts the items of legislation.
A. Minutes of the December 12, 2016, Regular Meeting held at 6:30 p.m.
Minutes of the December 19, 2016, Regular Meeting held at 5:30 p.m.
Minutes of the December 19, 2016, Joint Special Meeting held at 6:30 p.m.
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B. Consideration and Possible Action - Resolution No. R2017-16 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract for general plumbing services with K. R. Allen Services, in the
total estimated amount of $95,000.00 for the period of March 1, 2017 through
February 28, 2018.
C. Consideration and Possible Action - Resolution No. R2017-21 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City manager or his designee to enter into an amended contract with
5Engineering, LLC, in the additional amount of $71,435.00, for engineering
services associated with the Mykawa Lift Stations Project.
D. Consideration and Possible Action - Resolution No. R2017-32 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
fixed unit cost contract for building plan review and inspection services with
AG/CM Inc., in the additional amount of $102,000.00, and a total contract
amount not to exceed $150,000.00.
E. Consideration and Possible Action - Resolution No. R2017-28 - Resolution
of the City Council of the City of Pearland, Texas, changing the City Council
regular meeting times and dates for March 2017 from March 6, 2017 at 6:30
pm to March 20, 2017 at 5:30 pm.
F. Consideration and Possible Action - Resolution No. R2017-17 – A
Resolution and Order of the City Council of the City of Pearland, Texas,
ordering the holding of a General and Special Election to be held on
Saturday, May 6, 2017, for the purpose of electing the Mayor,
Councilmember Position No. 3, New Councilmember Position No. 7 and a
Special Election to fill a vacancy on Councilmember Position No. 5 an
unexpired term expiring May 4, 2019, in and for the City of Pearland, Texas;
establishing polling places; naming clerks; and establishing procedures for
said Regular City Officers and Special Election.
G. Consideration and Possible Action - Resolution No. R2017-19 - A
Resolution of the City Council of the City of Pearland, Texas, conveying an
easement to Centerpoint Energy for electrical service in the vicinity of
Pearland Parkway.
H. Consideration and Possible Action - Resolution No. R2017-22 A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for the lease of Multi-function Devices (printers, copier,
scanners) to Ricoh Business Solutions in the estimated annual amount of
$97,000 for the period of March 13, 2017 through March 12, 2020.
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VI. NEW BUSINESS:
1. Consideration and Possible Action - First and Only Reading of
Ordinance No. 1535 - An Ordinance of the City Council of the City of
Pearland, Texas, authorizing issuance of City of Pearland, Texas, water and
sewer system revenue bonds, series 2017A; prescribing the terms thereof;
providing for the payment thereof; awarding the sale thereof; and making other
provisions regarding such bonds and matters incident thereto, and declaring an
emergency (Water and Wastewater.)
2. Consideration and Possible Action - First and Only Reading of Ordinance
No. 1536 - An Ordinance of the City Council of the City of Pearland, Texas,
authorizing issuance of City of Pearland, Texas, water and sewer system revenue
bonds, series 2017B; prescribing the terms thereof; providing for the payment
thereof; awarding the sale thereof; making other provisions regarding such bonds
and matters incident thereto, and declaring an emergency (Water and
Wastewater.)
3. Consideration and Possible Action - Resolution No. 2017-34 - A Resolution
of the City Council of the City of Pearland, Texas, expressing intent to defease
certain of the City’s outstanding bonds (Water and Wastewater.)
4. Consideration and Possible Action - Resolution No. R2017-31 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager or
his designee to enter into a Reimbursement and Maintenance Agreement
between the City and the Pearland Economic Development Corporation; and
awarding a competitive concealed proposal for the construction of the Kirby Drive
Entryway and Corridor Enhancements Project to Landscape Art, Inc., in the
estimated amount of $1,093,035.60.
5. Consideration and Possible Action - Resolution No. R2017-30 - A Resolution
of the City Council of the City Of Pearland, Texas, authorizing the City Manager or
his designee to enter into an Interlocal Agreement between the City of Pearland,
Lower Kirby Pearland Management District, and the Pearland Municipal
Management District No. 1 (collectively, the “Districts”) for maintenance of
improvements associated with the Gateways and Corridor Enhancements
Master Plan serving the Districts.
6. Consideration and Possible Action - Resolution No. R2017-29 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager
or his designee to enter into an Amended Municipal Management Agreement
between the City of Pearland and the Texas Department of Transportation
(“TxDot”) associated with the Kirby Drive Entryway Sign and Corridor
Enhancements.
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7. Consideration and Possible Action – First Reading of Ordinance No. CUP
16-00014 - An Ordinance of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) Permit to allow for a food
store/supermarket in the Light Industrial (M-1) zoning district, all of that
certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section 1,
Abstract No. 147 in Brazoria County, Texas, being a portion of the
North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey,
Section 1 according to the plat of same recorded in Volume 2, Page 1 of the Plat
Records of Brazoria County, Texas, said tract being that portion of the north
one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main Street)
(3200 block of Main Street, south of Swensen Road, on the west side of
Main Street). Conditional Use Permit Application No CUP 16-00014, within the
Light Industrial (M-1), at the request of Jose Urioste, applicant, on behalf of
Rafael Ortega, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
8. Consideration and Possible Action – First Reading of Ordinance No. CUP
16-00017 - An ordinance of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) Permit to allow a hotel/motel in the
General Business (GB) zoning district, being 1.8060 acre (78,667 square feet)
tract of land and being a portion of Lot 80 of the Allison Richey Gulf Coast Home
Company’s Subdivision as recorded in Book 2, Page 23 Brazoria County map
Records in the H.T.& B.R.R. Company Survey Abstract 506, Brazoria County,
Texas. (Located at 8541 Broadway Street (west of Cullen Boulevard on the
northwest corner of intersection of Broadway Street and the USPS access
driveway), Pearland, TX.) Conditional Use Permit Application No CUP 16-
00017, within the General Business (GB) zoning district, at the request of Y Ali
Khan of GK Hospitality Development, LLC, applicant, on behalf of Kevin Ngo,
owner, containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
9. Consideration and Possible Action - Resolution No. R2017-23 - 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; being a 2.409 acre
(104,939 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 30,
Section 9 of Allison - Richie Gulf Coast Home Company's Subdivision according
to the map or plat thereofrecorder under Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas, said Lot 30 being conveyed to Hurst
S. Barbee by deed filed under Clerk's File Number 96-002907 (50% interest) of
the Official Public Records of Brazoria County, Texas for the construction and
maintenance of water, sewer, drainage and road improvements (Max Road
Project) 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.
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10. Consideration and Possible Action - Resolution No. R2017-24 - 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; being a 0.4008 of
one acre (17,460 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 27,
Section 9 of Allison Richie Gulf Coast Home Company's Subdivision according
to the map or plat thereof recorder under Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas, being out of the residue of said Lot
27 to James F. Anthony and Wife, Eleanor Anthony by deed recorded under
Volume 667, Page 325 of the Deed Records of Brazoria County, Texas, for the
construction and maintenance of water, sewer, drainage and road improvements
(Max Road Project) 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.
11. Consideration and Possible Action - Resolution No. R2017-25 - 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; being a 0.2255 of
one acre (9,823 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 23,
Section 9 of Allison-Richie Gulf Coast Home Company's Subdivision according
to the map or plat thereof recorder under Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas, being out of a called 4.93 acre tract of land described as
the north 1/2 of said Lot 23 as conveyed to Gurinda Akhtar by deed file under
Clerk's File Number 2014006307 of the Official Public Records of Brazoria
County, Texas, for the construction and maintenance of water, sewer, drainage
and road improvements (Max Road Project) 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.
12. Consideration and Possible Action - Resolution No. R2017-26 - 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; being a 0. 1524 of
one acre (6,639 square feet) parcel of land situated in the H.T. &
B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lot 22,
Section 9 of Allison-Richie Gulf Coast Home Company's Subdivision according
to the map or plat thereof recorder under Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas, being out of a called 3.000 acre tract of land out of said
Lot 22 as conveyed to Gurinda Akhtar by deed filed under Clerk's File Number
2014024702 of the Official Public Records of Brazoria County, Texas, for the
construction and maintenance of water, sewer, drainage and road improvements
(Max Road Project) 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.
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13. Consideration and Possible Action - Resolution No. R2017-27 - 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; being a 1.012 acre (44,072
square feet) parcel of land situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in
Brazoria County, Texas, being out of Lots 21 22, Section 9 of Allison-Richie Gulf
Coast Home Company's Subdivision according to the map or plat thereof recorder
under Volume 2, Page 23 of the Plat Records of Brazoria County, Texas, being
out of a called 16.681 acre tract of land described as all of said Lot 21 and part of
said Lot 22 conveyed to Amberlyn Homes LLC, by deed filed under Clerk's
File Number 2014015517 of the Official Public Records of Brazoria County, Texas,
for the construction and maintenance of water, sewer, drainage and road
improvements (Max Road Project) 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.
14. Consideration and Possible Action - Resolution No. R2017-18 - A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply bid for
mechanical services, maintenance and repairs for Public Works facilities to STP
Services, in the estimated amount of $500,000.00, for the period of February 24,
2017 to February 23, 2018.
15. Consideration and Possible Action - Resolution No. R2017-20 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing a variance to
Chapter 4, Alcoholic Beverages, of the City’s Code of Ordinances, authorizing the
sale of beer and wine (off-premise consumption only) at a distance not closer than
250 feet from a public school property line (Shadycrest Elementary).
16. Council Input and Discussion - Regarding the Formation of Council committee
for Review of Conditional Use Permits (CUP) and related requirements and
processes.
17. Council Input and Discussion - Regarding term limits and automatic- resignation
requirements for the Planning and Zoning Commission and the Pearland
Economic Development Corporation.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.087 - Consultation with City Attorney – Regarding Economic
Development Negotiations.
2. Section 551.071 - Consultation with City Attorney – Regarding Texas
Commission on Environmental Quality related issues.
3. Section 551.071 - Consultation with City Attorney – Regarding Property
Development.
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NEW BUSINESS CONTINUED:
18. Consideration and Possible Action: Regarding Property Development.
VII. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
OTHER BUSINESS:
VIII. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young Lorfing
at 281.652.1840 prior to the meeting so that appropriate arrangements can be made.
All agenda supporting documents are available at pearlandtx.gov