Regular Meeting - Jan. 8, 2018CITY COUNCIL AGENDA
CITY OF PEARLAND
REGULAR COUNCIL MEETING
PUBLIC SAFETY BUILDING
2555 CULLEN PARKWAY
SECOND FLOOR TRAINING ROOM (Please park and enter on south side of
Public Safety Building, near the Court side)
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
III. ROLL CALL:
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. APPROVAL OF MINUTES:
1. Minutes of the November 13, 2017, Regular Meeting held at 6:30
p.m. 2. Minutes of the November 27, 2017, Regular Meeting held at
6:30 p.m. 3. Minutes of the November 27, 2017, Special Meeting held
at 6:00 p.m. 4. Minutes of the December 11, 2017, Regular Meeting
held at 6:30 p.m.
2017-11-13 Regular Minutes 2017-11-27 Regular Minutes
Page 1 of 208
2017-11-27 Special Minutes 2017-12-11 Regular Minutes
B. Consideration and Possible Action – Resolution No. R2018-18 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply bid for waste water polymer services to Fort
Bend Services, in the estimated amount of $120,000.00 beginning
January 27, 2018 through January 26, 2019. Wastewater Polymers
AIR-17-822
C. Consideration and Possible Action – Resolution No. R2018-16 - A
Resolution of the City Council of the City of Pearland, Texas,
accepting the City’s Investment Report for the quarter ending
September 2017. City's Investment Report - AIR-17-816
D. Consideration and Possible Action – Resolution No. R2017-178-2 -
A Resolution of the City Council of the City of Pearland, Texas,
amending R2017-178; extending the temporary waiver of building
permit fees for all building inspections fees associated the repair
of homes and businesses damaged from Hurricane Harvey retroactively
from December 1, 2017 until May 31, 2018. Extension of Building
Permit Fee Waiver - Harvey AIR-18-002
E. Consideration and Possible Action - Excuse the Absence of
Councilmember Keith Ordeneaux from the Regular Council Meeting held
on December 18, 2017. Excuse Absence AIR-17-821
F. Consideration and Possible Action – Resolution No. R2018-17 - A
Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for the purchase of Police Department
firearm ammunition with Bailey’s House of Guns, in the estimated
amount of $62,625.46, for the period of January 24, 2018 through
January 23, 2019. Police Department firearm ammunition
AIR-17-825
G. Consideration and Possible Action – Resolution No. R2018-15 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a bid for the purchase of an ambulance from Mac Haik Dodge
in the amount of $239,125. Award of Bid for Purchase of Ambulance
AIR-17-810
H. Consideration and Possible Action – Resolution No. R2018-6 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a bid for the removal and installation of new running
track surface at the Recreation Center & Natatorium to Rubber
Flooring Systems, Inc., in the amount of $134,494.40. Recreation
Center & Natatorium Indoor Running Track Replacement
AIR-17-792
I. Consideration and Possible Action – Resolution No. R2018-7 -
A
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Pearland Regular Meeting Agenda January 8, 2018
Resolution of the City Council of the City of Pearland, Texas,
renewing a unit price service contract for rough cut mowing
maintenance of roadside ditches, vacant City properties and
retention areas, with Lawnscapes Unlimited in the estimated amount
of $118,342.81, for the period of January 12, 2018 through January
11, 2019. Rough Cut Mowing Contract Renewal AIR-17-787
J. Consideration and Possible Action – Resolution No. R2018-8 A
Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply contract for electrical services to DM
Electrical and Construction, in the estimated amount of
$106,360.00, beginning January 15, 2018 through January 14, 2019.
Electrical Services AIR-17-780
K. Consideration and Possible Action – Resolution No. R2018-3 - A
Resolution of the City Council of the City of Pearland, Texas,
renewing a unit price contract for preventative maintenance and
repairs for standby generators to Power Pro-Tech Inc., in the
estimated amount of $90,000.00 annually for the period of January
10, 2018 through January 9, 2019. Preventative maintenance and
repairs on standby generators AIR-17-778
L. Consideration and Possible Action – Resolution No. 2018-12 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a unit price contract for water and wastewater treatment
chemicals and water analysis services with NAPCO Chemical Company,
in the estimated amount of $281,310.00, for the period of January
15, 2018 through January 14, 2019. Water treatment chemicals -
NAPCO - AIR - 0607
VI. NEW BUSINESS:
1. Consideration and Possible Action – Resolution No. R2018-1 - 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; all of that 4.994 acres of land, located in
the James Hamilton Survey, A-881, Harris County, Texas, being all
of the 4.961 acre tract described In the deed from Mary Joyce Hardy
(also known as Joyce Pounds Hardy) to Susie M. Lorance recorded
under File No. RP-2017- 2879 In the Official Public Records of Real
Property, of Harris County, Texas, which is all of the 4.24 acre
tract, described in the deed from Mary Joyce Hardy to Susie M.
Lorance, recorded under File No. V507633, In the Official Public
Records of Real Property, of Harris County, Texas, and the Residue
of a 5 acre tract described In the deed from Horace Pounds Hardy to
Joyce Pounds Hardy recorded under File No. G651828, in the Official
Public Records of Real Property, of Harris County, Texas, and out
of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision recorded in
Volume 83, Page 342 of the Deed Records of Harris County,Texas for
the construction and maintenance of public facilities, park
improvements, 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
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Pearland Regular Meeting Agenda January 8, 2018
property, located within the City, by donation, purchase, or by the
exercise of the power of eminent domain. Lower Kirby Property
Acquisition AIR-17-819
2. Consideration and Possible Action – Resolution No. R2018-2 - 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; all of that 1.201 acres of land, In the James
Hamilton survey, A-881, Harris County, Texas, which Is all of a
43,560 square foot tract described In the deed from Laura B. Klein
to Christopher S. Klein, recorded under File No. 20120085593, in
the Official Public Records of Real Property, Harris County, Texas,
out of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of record
In Volume 83, Page 342 of the Deed Records of Harris County, Texas
for the construction and maintenance of public facilities, park
improvements, 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. Lower Kirby Property Acquisition AIR-17-818
3. Consideration and Possible Action – Resolution No. R2018-5 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply contract for water/wastewater treatment
chemicals and water analysis services to PVS Minibulk, in the
estimated amount of $508,800.00, beginning January 15, 2018 through
January 14, 2019. Chemicals - PVS Minibulk - Bleach only
AIR-17-803
4. Consideration and Possible Action – Resolution No. R2018-4 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a
Reimbursement Agreement between the City and the Pearland Economic
Development Corporation associated with the acquisition of property
for public purposes to serve the Lower Kirby Vicinity. LK
Acquisition Reimbursement Agreement with PEDC AIR-17-761
VII. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Executive Session - Section 551.071 - Consultation with City
Attorney – Regarding pending and potential litigation.
NEW BUSINESS CONTINUED:
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 @
www.pearlandtx.gov
Page 5 of 208
Page 1 of 14 – 11/13/2017
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 13, 2017 AT 6:30 P.M., AT
THE PUBLIC SAFETY BUILDING, 2555 CULLEN BLVD., PEARLAND,
TEXAS.
Mayor Pro-Tem Reed called the meeting to order at 6:30 p.m. with
the following present:
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
Absent: Mayor Tom Reid.
Others in attendance: Jon Branson Deputy City Manager; Matt
Buchanan President of Economic Development Corporation; Michelle
Graham Director of Human Resource; John McDonald Director of
Community Development; John McCarter Budget Officer; Chris Orlea
Director of Parks and Recreation; Cynthia Pearson Director of
Finance; Vance Riley Fire Chief; Johnny Spires Police 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.
The invocation was given by Mayor Pro-Tem Reed and the Pledge of
Allegiance was led by Police Chief Johnny Spires.
ROLL CALL: Mayor Pro-Tem Reed, Councilmembers, Carbone, Moore,
Ordeneaux,
Little, Perez, and Owens.
CITIZEN COMMENTS:
CONSENT AGENDA:
A. Minutes of the September 18, 2017, Regular Meeting held at 6:30
p.m. Minutes of the September 25, 2017, Regular Meeting held at
6:30 p.m. Minutes of the October 9, 2017, Regular Meeting held at
5:00 p.m. Minutes of the October 9, 2017, Public Hearing held at
6:30 p.m. Minutes of the October 23, 2017, Regular Meeting held at
6:30 p.m.
B. Consideration and Possible Action – Second and Final 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 (Proposed U-Haul) in the General Commercial
(GC) zoning
Agenda Item #V.A.
Page 2 of 14 – 11/13/2017
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.
C. Consideration and Possible Action – Ordinance No. 1547 - An
Ordinance of the City Council of the City of Pearland, Texas,
renaming a portion of Brookside Road between Cullen Boulevard and
Stone Road to McHard Road; containing a savings clause, a
severability clause and a repealer clause.
D. Consideration and Possible Action – Resolution No. 2017-228 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract for construction management and construction
inspection services with PTP Transportation, LLC, for the Max Road
Expansion Project (Reid Boulevard to Hughes Ranch Road), in the
amount of $270,459.37.
E. Consideration and Possible Action – Resolution No. 2014-53-1 - A
Resolution of the City Council of the City of Pearland, Texas,
amending the City Council Rules and Order of Business (“Rules”)
that govern the organization and procedures of the City
Council.
F. Consideration and Possible Action – Resolution No. 2017-224 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a primary unit supply contract to Envirodyne Laboratories,
Inc., for water and wastewater laboratory testing services, in the
estimated amount of $101,870.00, for the period of November 20,
2017 through November 19, 2018.
G. Consideration and Possible Action – Resolution No. 2017-225 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a secondary unit supply contract to Eastex Environmental
Laboratory, Inc., for water and wastewater laboratory testing
services, in the estimated amount of $50,000.00, for the period of
November 20, 2017 through November 19, 2018.
H. Consideration and Possible Action - Ratify the City Manager's
reappointment of Charles McMurrey to Position No. 2 to serve on
the
Agenda Item #V.A.
Civil Service Commission for a term expiring November 1,
2020.
I. Consideration and Possible Action - The reappointment of Dr.
Cara Campbell to Position No. 1 with the term expiring November 1,
2020 to serve on the Animal Shelter Advisory Committee.
J. Consideration and Possible Action - The reappointment of Margo
Green to Position No. 5, Lonzie Helms to Position No. 6, and Steve
Saboe to Position No. 7 with terms expiring November 1, 2020 to
serve on the Convention and Visitor's Bureau Advisory Board.
K. Consideration and Possible Action - The reappointment of Bethany
Earl to Position No. 3, Ted Mittica to Position No. 5, and Michael
Wilson to Position No. 6 with terms expiring November 1, 2020 to
serve on the Parks Recreation and Beautification Board.
L. Consideration and Possible Action - The reappointment of Thomas
Duncan to Position No. 2, and Daniel Tunstall to Position No. 7
with terms expiring November 1, 2020 to serve on the Planning and
Zoning Commission.
M. Consideration and Possible Action - The reappointment of Todd R.
Iocco to Position No. 3 with term expiring November 1, 2022 to
serve on the Gas and Plumbing Code Board of Adjustment.
N. Consideration and Possible Action - The reappointment of Tom
Pool to Position No. 1, Tony Carbone to Position No. 3, and Tom
Reid to Position No. 5 with terms expiring November 1, 2019 to
serve on the Development Authority of Pearland Board.
O. Consideration and Possible Action - The reappointment of Dr.
Hugh Patton to Position No. 1, Rushi Patel to Position No. 3, and
Reid Wendell to Position No. 5 with terms expiring November 1, 2019
to serve on the Pearland Economic Development Corporation Board of
Directors.
P. Consideration and Possible Action - The reappointment of Goray
Mookerjee to Position No. 2 with term expiring November 1, 2019 to
serve on the Electrical Board.
Q. Consideration and Possible Action - The reappointment of Mark
Lewis to Position No. 2, Nita Griffin to Position No. 4, Jerry
Acosta to Position No. 5, John Gehring, Jr. to Position No A2 and
Gary Shrum to Position No. A4 with terms expiring November 1, 2019
to serve on the Zoning Board of Adjustments.
Agenda Item #V.A.
Page 4 of 14 – 11/13/2017
R. Consideration and Possible Action - The reappointment of Rubye
Jo Knight to Position No. 6 with term expiring November 1, 2019 to
serve on the Tax Increment Reinvestment Zone No. 2 Board.
S. Consideration and Possible Action - The reappointment of Jerry
Acosta to Position No. 1, Russell Milam to Position No. 2, Bob
Campbell to Position No. 4 and Mark Wellman to Position No A1 with
terms expiring November 1, 2022 to serve on the Building/Fire Code
Board of Adjustments.
T. Consideration and Possible Action – Resolution No. R2017-239 - A
Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for fire apparatus & preventative
maintenance and repairs to Siddons-Martin Emergency Group, in the
estimated amount of $60,000.00, beginning November 24, 2017 and
ending November 24, 2018.
U. Consideration and Possible Action – Resolution No. R2017-238 - A
Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for fire apparatus & preventative
maintenance and repairs to Metro Fire Apparatus Specialists, in the
estimated amount of $60,000.00, beginning November 24, 2017 and
ending November 24, 2018.
MATTERS REMOVED FROM CONSENT AGENDA: None
Councilmember Carbone made the motion, seconded by Councilmember
Moore to approve items A through U as presented on the Consent
Agenda.
Voting “Aye” Councilmembers Carbone, Moore, Reed, Ordeneaux,
Little, Perez, and Owens.
Voting “No” None.
NEW BUSINESS:
First 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 546, 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.
Agenda Item #V.A.
Councilmember Moore made the motion, seconded by Councilmember
Carbone to approve Ordinance No. 1548 on its First Reading.
Interim Management Assistant Joel Hardy presented an overview of
Areas A, C, I, L and P annexation.
Caye Hauser, 2807 Honeysickle, addressed Council stating her
concerns against being annexed.
Gerard Hauser, 2807 Honeysickle, addressed Council stating his
concerns against being annexed.
Discussion ensued between Councilmember Carbone and Interim
Management Assistant Joel Hardy regarding areas A, C, I, L and P
were added to the Comprehensive Plan in September 2015.
Councilmember Perez stated he does not agree with the residents
that this is a land grab. The City is annexing the areas into the
incorporated part of Pearland City limits.
Discussion ensued between Councilmember Moore and Interim
Management Assistant Joel Hardy regarding 30 Fire and EMS calls and
4 Police calls have been called to Area A since September 1,
2015.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux and Perez.
Voting “No” Councilmembers Little, Owens and Carbone.
Motion Passed 4 to 3.
First 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.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Moore to approve Ordinance No. 1549 on its First Reading.
City Manager Clay Pearson reported Council is being asked for
positive consideration. Voting “Aye” Councilmembers Ordeneaux,
Little, Perez, Owens, Carbone, Moore and Reed.
Agenda Item #V.A.
Voting “No” None.
Motion Passed 7 to 0.
First 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
Southbelt 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.
Councilmember Little made the motion, seconded by Councilmember
Moore to approve Ordinance No. 1550 on its First Reading.
Cynthia Pickett, 5051 Westheimer Suite 1200, addressed Council
stating she is representing South Belt Industrial Park which is in
Area I. She stated her concerns regarding the legal errors with
this annexation.
City Manager Clay Pearson reported Council is being asked for
positive consideration.
Voting “Aye” Councilmembers Little, Perez, Moore, Carbone, Reed and
Ordeneaux.
Voting “No” Councilmember Owens.
Motion Passed 6 to 1.
First 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 1,004 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 Perez made the motion, seconded by Councilmember
Moore to approve Ordinance No. 1551 on its First Reading.
City Manager Clay Pearson reported Council is being asked for
positive consideration.
Jeff Brennan, 16930 County Road 127, addressed Council stating his
concerns against the annexation.
Agenda Item #V.A.
Page 7 of 14 – 11/13/2017
Bill Trahan, 4907 Silsbee, addressed Council stating he sees this
as a land grab. He further stated his concerns against the
annexation.
Mark Allen, 17626 Airfield Lane, addressed Council stating he sees
this has a way for the City to get more taxes. He further stated
his concerns against the annexation.
Kevin Groba, 16802 County Road 127, addressed Council stating his
concerns against the annexation.
Michele Falzon, 1711 County Road 130, addressed Council stating her
concerns against the annexation. She officially requested the City
immediately enter into negotiations with the property owners of
Area L for prevision of services by the City under section 43.0562
of the Texas Local Government Code.
Councilmember Owens stated the City has service agreements with
Manvel, Rosharon and Friendswood regarding Police, Fire and EMS. He
further stated if the residents are annexed or not they will still
get those services.
Councilmember Perez made a motion, seconded by Councilmember Owens
to amend the motion to exclude along the north area County Road
127, addresses 16732, 16802, 16904, 16930, County Road 127/Hastings
Friendswood addresses 17002, 17004, 17006, and 17018 from the
annexation.
Discussion ensued between Councilmember Carbone and Councilmember
Perez regarding the reason these addresses are being excluded from
the annexation is because these areas are residential and out of
the airport area. They are not a priority for what the City is
looking for regarding annexation.
Discussion ensued between Mayor Pro-Tem Reed and Councilmember
Perez regarding keeping the master plan as is and at some point
when the City goes to implement the master plan for these areas the
City can make decision to annex these areas to incorporate the
water line at that time.
Mayor Pro-Tem Reed called for the vote on the original motion as
amended.
Voting “Aye” Councilmembers Perez, Owens, Carbone and Little.
Voting “No” Councilmembers Moore, Reed and Ordeneaux.
Motion Passed 4 to 3.
Mayor Pro-Tem Reed called for the vote on the amended motion.
Voting “Aye” Councilmembers Perez, Owens, Moore, Ordeneaux and
Little.
Voting “No” Councilmembers Carbone and Reed.
Agenda Item #V.A.
Page 8 of 14 – 11/13/2017
Motion Passed 5 to 2.
First Reading of Ordinance No. 1552 – 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 P,
approximately 281 acres of land generally located just south of
Magnolia Road, just north of Bailey Road, west of Manvel Road, and
east of Webber Drive and Deerbrook Court); 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
Ordeneaux to approve Ordinance No. 1552 on its First Reading.
Bill Brummett, 3441 County Road 89, addressed Council stating his
concerns against the annexation.
Voting “Aye” Councilmembers Reed, Ordeneaux and Perez.
Voting “No” Councilmembers Owens, Carbone, Moore and Little.
Motion Failed 4 to 3.
Council Action – Resolution No. R2017-226 – A Resolution of the
City Council of the City of Pearland, Texas, declaring intention to
reimburse project expenditures from proceeds of future tax-exempt
Permanent Improvement Bonds, Certificates of Obligation, and
Water/Sewer Bonds.
Councilmember Carbone made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017-226.
City Manager Clay Pearson reported Council is being asked to
approve Resolution No. R2017-226.
Discussion ensued between Councilmember Owens and City Manager Clay
Pearson regarding General Obligations and Water/Sewer Bonds.
Discussion ensued between Councilmember Little and Budget Officer
John McCarter regarding future debt.
Councilmember Carbone absent from the Chamber at 7:37 p.m. Voting
“Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting “No” None.
Agenda Item #V.A.
Page 9 of 14 – 11/13/2017
Motion Passed 6 to 0, with Councilmember Carbone absent from the
Chamber.
Councilmember Carbone returned to the Chamber at 7:41 p.m.
Council Input and Discussion – Regarding School Zone
Flashers.
City Manager Clay Pearson presented an overview regarding School
Zone Flashers.
Tammy Grohman, 13802 Lakewater Drive, addressed Council stating her
concerns regarding vehicles speeding through school zones.
Agnes Trueman, 13005 Balsam Breeze Lane, addressed Council stating
her concerns regarding vehicles speeding through the school zones
at Shadow Creek Ranch.
Mayor Pro-Tem Reed stated as a body he would like to look at this
issue closer and take into consideration the possibility of putting
flashers on the non-major thoroughfares and possibly splitting the
cost with Pearland Independent School District. He further stated
the City needs to take an overall look at the speed limits around
the school zones. City Council should consider changing the Unified
Development Code (UDC) to address flashers and speed limits
surrounding the school zones.
Councilmember Moore stated on McClean Road past Centennial Park
near the water park is a cross walk when a button is pushed to
cross the street reflectors start flashing. If the City can do
something that draws attention to the school zone letting drivers
know to slow down other than a sign stating school zone
times.
Discussion ensued between Mayor Pro-Tem Reed and Interim Management
Assistant Joel Hardy regarding the City requesting a Safe
Route.
Councilmember Perez stated there are kids walking along Kirby from
Nolan Ryan Junior High that are not protected because the school
zones in front of Marek Elementary expire prematurely. There is
merit to get those times to coordinate better. He further stated
Council can put on the agenda to modify the school zones in the
vicinity of Marek Elementary and Nolan Ryan Junior High. To
lengthen the school zone going south of Emerald Bay/Enclave Lake at
Kirby and revise the timing so Marek and Nolan Ryan schools have
the same school zone hours.
City Manager Clay Pearson stated staff can meet with Alvin
Independent School District and come back to Council on December
18, 2017 with some recommendations and a plan.
Councilmember Perez stated Council can agree to a policy as to how
to modify the school zones. Look at the financial implications to
that policy, and if it can be completed in one summer or two
summers.
Agenda Item #V.A.
Page 10 of 14 – 11/13/2017
Councilmember Ordeneaux stated he does not mind looking at the
school zones across the board. The question is what to do to get
the drivers attention.
Councilmember Little stated one way to get drivers to pay attention
is to write more speeding tickets in school zones.
Councilmember Carbone stated he is for the flashers in school zones
if we can get the funding.
Mayor Pro-Tem Reed called for a recess at 8:23 p.m.
Mayor Pro-Tem Reed called the Council meeting back to order at 8:30
p.m.
Council Action – Resolution No. R2017-227 – A Resolution of the
City Council of the City of Pearland, Texas, approving the issuance
of Development Authority of Pearland Tax Increment Contract Revenue
Bonds, Series 2017; making certain findings related to the bonds
and containing other provisions related thereto.
Councilmember Moore made the motion, seconded by Councilmember
Ordeneaux to approve Resolution No. R2017-227.
Financial Advisor John Robuck presented an overview of the Tax
Increment Contract Revenue Bonds, Series 2017.
Discussion ensued between Councilmember Carbone and Financial
Advisor John Robuck regarding the term of the debt ratio.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez
and Owens.
Voting “No” Councilmember Carbone.
Motion Passed 6 to 1.
Council Action – Resolution No. R2017-232 – A Resolution of the
City Council of the City of Pearland, Texas, authorizing the City
Manager or his designee to renew a Software Maintenance Contract
with Superion, LLC (formerly Sungard HTE/OSSI) in the estimated
amount of $344,656.26.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017-232. City Manager Clay
Pearson reported Council is being asked for approval to renew a
Software Maintenance Contract with Superion, LLC (formerly Sungard
HTE/OSSI).
Agenda Item #V.A.
Voting “Aye” Councilmembers Ordeneaux, Little, Perez, Owens,
Carbone, Moore and Reed.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-234 – A Resolution of the
City Council of the City of Pearland, Texas, awarding a software
maintenance contract to Tyler Technologies, Inc., for software
maintenance services in the estimated amount of $173,829.88.
Councilmember Little made the motion, seconded by Councilmember
Ordeneaux to approve Resolution No. R2017-234.
City Manager Clay Pearson reported Council is being asked for
approval to award a software maintenance contract to Tyler
Technologies, Inc. for software maintenance services.
Discussion ensued between Councilmember Carbone and City Manager
Clay Pearson regarding the Tyler software is used by Municipal
Court.
Councilmember Carbone stated the Utility Billing issues have been
going on for several months. It is frustrating and needs to be
fixed.
Voting “Aye” Councilmembers Little, Perez, Owens, Carbone, Moore,
Reed and Ordeneaux.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-230 - 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 Hughes Ranch Road Improvement Project (Cullen Parkway to
Smith Ranch Road); being a 0.0019 of one acre (82 square feet)
parcel of land located in the H.T.& B. R.R. Co. Survey,
Abstract No. 506, Brazoria County, Texas and being situated in
Reserve "L", of the FINAL REPLAT OF CRYSTAL LAKE SUBDIVISION
SECTION ONE, a subdivision per plat or map recorded in Volume 19,
Pages 711-714, Brazoria County Map Records (B.C.M.R.), said 0.0019
acre parcel being out of and a part of a tract described as
Reserves A through M in a conveyance to Crystal Lake Property
Owners Association, Inc. recorded under Brazoria County Clerk's
File (B.C.C.F.) No. 98044916 dated October 21, 1998, 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
Agenda Item #V.A.
Page 12 of 14 – 11/13/2017
necessary to acquire said property, located within the city, by
donation, purchase, or by the exercise of the power of eminent
domain.
Councilmember Perez made the motion, seconded by Councilmember
Owens to approve Resolution No. R2017-230.
City Attorney Darrin Coker reported on R2017-230 and the next item
R2017-231 since they both have to do with the final replat of
Crystal Lake Subdivision.
Discussion ensued between Councilmember Little and City Attorney
Darrin Coker regarding outside Council handling all the eminent
domain.
Discussion ensued between Councilmember Carbone and City Engineer
Robert Upton regarding the timeline for construction of the water
and sewer lines.
Voting “Aye” Councilmembers Perez, Owens, Carbone, Moore, Reed,
Ordeneaux and Little.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-231 - 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 Hughes Ranch Road Improvement Project (Cullen Parkway to
Smith Ranch Road); being a 0.0331 of one acre (1,442 square feet)
parcel of land located in the H.T.& B.R.R. Co. Survey, Abstract
No. 506, Brazoria County, Texas and being situated in Reserve "A",
of the FINAL REPLAT OF CRYSTAL LAKE SUBDIVISION SECTION ONE, a
subdivision per plat or map recorded in Volume 19, Pages 711 -714,
Brazoria County Map Records (B.C.M.R.), said 0.0331 acre parcel
being out of and a part of a tract described as Reserves A through
M in a conveyance to Crystal Lake Property Owners Association, Inc.
recorded under Brazoria County Clerk's File (B.C.C.F.) No. 98044916
dated October 21, 1998, 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.
Councilmember Moore made the motion, seconded by Councilmember
Carbone to approve Resolution No. R2017-231.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez,
Owens and Carbone.
Voting “No” None.
Agenda Item #V.A.
Page 13 of 14 – 11/13/2017
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-229 – A Resolution of the
City Council of the City of Pearland, Texas, awarding a
construction services contract for the Old Alvin Road Widening
Project (Town Ditch to McHard Road) to Angel Brothers Enterprise,
Ltd., in the amount of $3,607,224.95.
Councilmember Carbone made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017.
City Manager Clay Pearson reported Council is being asked to award
a construction services contract for the Old Alvin Road and
Widening Project to Angel Brothers Enterprise, Ltd.
Discussion ensued between Councilmember Perez and City Engineer
Robert Upton regarding some minor concerns with traffic in that
area.
Voting “Aye” Councilmembers Carbone, Moore, Reed, Ordeneaux,
Little, Perez and Owens.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-237 – A Resolution of the
City Council of the City of Pearland, Texas, awarding a bid for the
purchase of twenty-five (25) fleet vehicles from Silsbee Ford in
the amount of $918,484.00 through the TASB Buyboard.
Councilmember Moore made the motion, seconded by Councilmember
Carbone to approve Resolution No. R2017-237.
City Manager Clay Pearson reported Council is being asked to award
a bid for the purchase of twenty-five (25) fleet vehicles from
Silsbee Ford.
Discussion ensued between Councilmembers Owens, Carbone and
Purchasing Officer Bob Pearce regarding the difference between
local dealerships and the TASB Buyboard.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez,
Owens and Carbone. Voting “No” None.
Motion Passed 7 to 0.
Agenda Item #V.A.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT:
Meeting was adjourned at 8:56 p.m.
Minutes approved as submitted and/or corrected this the _____ day
of _____________, A.D., 2018.
____________________________ Tom Reid
Agenda Item #V.A.
Page 1 of 12 – 11/27/2017
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.
Agenda Item #V.A.
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.
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 Pearland, 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.
Agenda Item #V.A.
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.
Agenda Item #V.A.
Page 4 of 12 – 11/27/2017
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.
Agenda Item #V.A.
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 564, 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.
Agenda Item #V.A.
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 Southbelt 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.
Agenda Item #V.A.
Page 7 of 12 – 11/27/2017
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.
Agenda Item #V.A.
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 Pearland, 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 Councilmember 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.
Agenda Item #V.A.
Page 9 of 12 – 11/27/2017
Councilmember Carbone stated same comment as on the last item.
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;
Agenda Item #V.A.
Page 10 of 12 – 11/27/2017
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.
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.
Agenda Item #V.A.
Page 11 of 12 – 11/27/2017
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 – Resolution No. R2017-244 - A Resolution of the
City Council of the City of Pearland, 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 term.
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.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT:
Agenda Item #V.A.
Page 12 of 12 – 11/27/2017
Minutes approved as submitted and/or corrected this the _____ day
of _____________, A.D., 2018.
____________________________ Tom Reid
Agenda Item #V.A.
Page 1 of 2 – 11/27/2017
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 27, 2017, AT 6:00 P.M. IN
THE TRAINING ROOM, PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY,
PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:00 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.
Call to Order
Council adjourned into Executive Session under Texas Government
Code at 6:01 p.m.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 – Consultation with City Attorney – Regarding
potential litigation.
New Business Continued:
Agenda Item #V.A.
Adjournment:
Meeting was adjourned at 6:45 p.m.
Minutes approved as submitted and/or corrected this the _____day of
___________, A.D., 2018.
_____________________________ Tom Reid Mayor
Agenda Item #V.A.
Page 1 of 10 – 12/11/2017
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 11, 2017 AT 6:30 P.M., AT
THE PUBLIC SAFETY BUILDING, 2555 CULLEN BLVD., PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 6:30 p.m. with the
following present:
Mayor Tom Reid Mayor Pro-Tem Derrick Reed Councilmember Tony
Carbone Councilmember Gary Moore Councilmember Keith Ordeneaux
Councilmember 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 Corporation; Trent
Epperson Assistant City Manager; Jai McBride City Planner; John
McCarter Budget Officer; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Robert Upton City
Engineer; Eric Wilson Director of Public Works; Sparkle Anderson
Communications Director; Joel Hardy Interim Management Assistant;
Daniel McGhinnis Chief Information Officer; Rick Overgaard
Assistant Finance Director; Lawrence Provins Deputy City Attorney;
Johnny Spires Police Chief.
The invocation was given by Councilmember Ordeneaux and the Pledge
of Allegiance to the American Flag was led by Patrick Swalwell of
Pack 446 and the Pledge of Allegiance to the Texas Flag was led by
JP Jewell of Pack 446.
Mayor Reid recognized Cub Scouts Pack 446 attending the City
Council meeting.
ROLL CALL: Mayor Pro-Tem Reed, Councilmembers, Carbone, Moore,
Ordeneaux,
Little, Perez, and Owens.
CITIZEN COMMENTS:
JoAnne Knodel, 2013 Foxgove Oaks Court, addressed Council stating
she is a Board Member of the Forever Parks Foundation of Pearland.
She thanked the City for their continued support.
PUBLIC HEARING: None.
Agenda Item #V.A.
CONSENT AGENDA:
A. Consideration and Possible Action of Minutes:
Minutes of the November 6, 2017, Joint Special Meeting held at 6:30
p.m. Minutes of the November 6, 2017, Special Meeting held at 7:00
p.m. Minutes of the November 20, 2017, Joint Public Hearing held at
6:30 p.m.
B. Consideration and Possible Action – Second and Final 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.
C. Consideration and Possible Action - Excuse the Absence of
Councilmember J. David Little from the Regular Council Meeting held
on November 27, 2017.
D. Consideration and Possible Action – Resolution No. R2017-240 - A
Resolution of The City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to participate in an
interlocal cooperative pricing arrangement with the Houston-
Galveston Area Council (HGAC) for the purchase of one (1) concrete
truck in the amount of $157,849.00 from Rush Truck Center.
MATTERS REMOVED FROM CONSENT AGENDA: None
Councilmember Carbone made the motion, seconded by Councilmember
Moore to approve items A through D as presented on the Consent
Agenda.
Voting “Aye” Councilmembers Carbone, Moore, Reed, Ordeneaux,
Little, Perez, and Owens.
Voting “No” None.
Agenda Item #V.A.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-166 - 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
2.197 acres of land located in the H.T. & B. R.R. Company
Survey, Section 81, Abstract Number 300, Brazoria County, Texas,
being the residue of a called 2.21 acre tract conveyed to Kirby/59
Partners II L.P. by an instrument of record in Document Number
2007060968 of the Official Records of said Brazoria County, Texas
(B.C.O.R.). (Northeast corner of CR 59 and Kirby Drive, Pearland,
TX) Zone Change Application No. ZONE 17-00018, a request of Shan
Patel, applicant, on behalf of Kirby/59 Partners II LP represented
by Kirk Laguarta, owner; for approval of a change in zoning from
Office Professional (OP) to a Neighborhood Services (NS) zoning
district; on approximately 2.197 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 Moore made the motion, seconded by Mayor Pro-Tem Reed
to approve Ordinance No. 2000M-166 on its First Reading.
Mayor Reid read into the record the Planning & Zoning
Commission’s recommendation to forward to Council for approval of
Application No. ZONE 17-00018.
Senior Planner Martin Griggs presented an overview of the requested
change in zoning from Office Professional (OP) to a Neighborhood
Services (NS) zoning district.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez,
Owens and Carbone.
Voting “No” None.
Motion Passed 7 to 0.
First Reading of Ordinance No. 2000M-167 - 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
Lot A and Lot B, 27.4346 acre (1,195,052 square foot) tracts of
land located in the A.C.H. & B. Survey, A-507 and the H.
Stevens Survey, A-594, City of Pearland, Brazoria County, Texas,
and being a part of the lands described in deed to R. West
Development Co., Inc. recorded under Brazoria County Clerk’s File
No. 99-04066, and a deed to Ravenwood Section 3, Ltd. Recorded
under Brazoria County Clerk’s File No. 02-037050, both of the
Official Public Records of Brazoria County, Texas. (4055 Village
Drive, Pearland, TX) Zone Change Application No. ZONE 17-00018, a
request of Cortland Partners, applicant,
Agenda Item #V.A.
Page 4 of 10 – 12/11/2017
on behalf of VOTL Holdings LLC, owner; for approval of
reinstatement and amendment to the previously approved Planned
Development #25; on approximately 27.4346 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.
Mayor Pro-Tem Reed made the motion, seconded by Councilmember Moore
to approve Ordinance No. 2000M-167 on its First Reading.
Mark Johnson, 2264 Hidalgio Drive, addressed Council stating he is
asking Council’s approval of Ordinance No. 2000M-167 for the
proposed development of phase 2.
Stephanie White, 2800 South Texas Avenue, addressed Council stating
she is representing Cortland Partners, applicant, on behalf of VOTL
Holdings LLC, owner; for approval of the proposed reinstatement and
amendment to the Planned Development (PD).
Mayor Reid read into the record the Planning & Zoning
Commission’s recommendation to forward to Council for approval of
Ordinance No. 2000M-167.
Senior Planner Martin Griggs presented and overview of the
requested proposed reinstatement and amendment to the Planned
Development (PD).
Councilmember Perez stated he will approve this first reading, but
for the second reading he would like to see the exhibits that will
reflect the secondary access and the cul-de-sac that will be
required.
Discussion ensued between Councilmember Perez and Stephanie White
Cortland Partners Representative regarding the exhibit showing an
access easement and the plat showing a 70 foot right-of-way.
Voting “Aye” Councilmembers Reed, Ordeneaux, Little, Perez, Owens
and Carbone.
Voting “No” Councilmember Moore.
Motion Passed 6 to 1.
First Reading of Ordinance No. 2000T-27 - An Ordinance of the City
Council of the City of Pearland, Texas, amending selected
provisions of the Unified Development Code regarding the Land Use
Matrix, regulations specific to use (liquor/package stores &
micro- breweries/ micro-distilleries/ micro-wineries), regulations
associated with landscape buffer, and to the tree mitigation fee
credits; having a savings clause, a severability clause, and a
repealer clause; providing for codification, publication and an
effective date.
Agenda Item #V.A.
Page 5 of 10 – 12/11/2017
Councilmember Ordeneaux made the motion, seconded by Councilmember
Moore to postpone Ordinance No. 2000T-27. Councilmember Ordeneaux
made the motion, seconded by Councilmember Moore to approve
Ordinance No. 2000-27 on its First Reading.
Buck Stevens, 4701 W. Orange Street, addressed Council stating his
concerns regarding some of the changes to the Unified Development
Code (UCD) needing clarification.
Senior Planner Martin Griggs presented and overview of the amended
provisions of the Unified Development Code regarding the Land Use
Matrix.
Councilmember Moore stated he is not in favor of a package liquor
store must be at least 2500 feet from the nearest package liquor
store. He stated his concern regarding the amount of acres needed
to have a food truck.
Councilmember Ordeneaux stated he is not sure what the alcohol
provisions are trying to control when the City specially pulled out
grocery and convenient stores to sell alcohol. If Texas Alcoholic
Beverage Commission (TABC) does not allow drive-thru then it is a
mute point. He further stated regarding the food trucks being
lumped together the way they are he will be voting no.
Councilmember Perez stated his concerns regarding clarification for
package liquor stores cannot be within 300 feet of the entrance of
any residential subdivision. He stated it is inherent the Unified
Development Code is to be followed, he does not see the benefit of
reiterating it.
Discussion ensued between Councilmember Perez and City Attorney
Darrin Coker regarding tree mitigation fees and credits.
Councilmember Owens stated his concerns regarding a package liquor
store must be at least 2500 feet from the nearest package liquor
store.
Councilmember Perez made the motion, seconded by Councilmember
Carbone to postpone Ordinance No. 2000T-27 for better
clarification.
Voting “Aye” Councilmembers Perez, Owens, Carbone, Moore, Reed,
Ordeneaux and Little.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-217 - A Resolution and Order
of the City Council of the City of Pearland, Texas, casting votes
for candidates for the Brazoria County Appraisal District Board of
Directors for the 2018-2019 term.
Agenda Item #V.A.
Page 6 of 10 – 12/11/2017
Councilmember Little made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017-217 a Resolution and order of
City Council, City of Pearland, Texas casting a vote for candidate
Rubye Joe Knight for the Brazoria County Appraisal District Board
of Directors for the 2018-2019 term.
Voting “Aye” Councilmembers Little, Perez, Owens, Carbone, Moore,
Reed and Ordeneaux.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-219 - A Resolution and Order
of the City Council of the City of Pearland, Texas, casting votes
for candidates for the Harris County Appraisal District Board of
Directors for the 2018-2019 term.
Councilmember Perez made the motion, seconded by Councilmember
Ordeneaux to approve Resolution No. R2017-219 a Resolution and
order of City Council, City of Pearland, Texas casting a vote for
candidate Mike Sullivan for the Harris County Appraisal District
Board of Directors for the 2018-2019 term.
Voting “Aye” Councilmembers Perez, Owens, Carbone, Moore, Reed,
Ordeneaux and Little.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-218 - A Resolution and Order
of the City Council of the City of Pearland, Texas, casting votes
for candidates for the Fort Bend County Appraisal District Board Of
Directors for the 2018-2019 term.
Councilmember Owens made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017-218 a Resolution and order of
City Council, City of Pearland, Texas casting a vote for candidate
Heather Zalas for the Fort Bend County Appraisal District Board of
Directors for the 2018-2019 term.
Voting “Aye” Councilmembers Owens, Carbone, Moore, Reed, Ordeneaux,
Little and Perez.
Voting “No” None.
Agenda Item #V.A.
Page 7 of 10 – 12/11/2017
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-254 - 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;
all of that 1.005 acres of land, In the James Hamilton Survey,
A-881, Harris County, Texas, which is all of a 1 acre tract
described In the deed from F.D. Limke to Edgar Ellis, recorded
under Volume 467, Page 116, In the Deed Records of Harris County,
Texas out of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of
record in Volume 83, Page 342 of the Deed Records of Harris County,
Texas, for the construction and maintenance of public facilities,
park improvements, 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 he will read the captions for
this item and the next item in their entirety as requirements of
State Law and Council can make a motion accordingly.
Council Action – Resolution No. R2017-255 - 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;
All of that 1.001 acres of land, In the James Hamilton Survey,
A-881, Harris County, Texas, which is all of a 1 acre tract
described in the deed from I. Smith to Leo Mazow, recorded under
Volume 784, Page 675, in the Harris County Deed Records, out of Lot
3, of the JAMES HAMILTON SURVEY, a subdivision of record in Volume
83, Page 342 of the Deed Records of Harris County, Texas, for the
construction and maintenance of public facilities, park
improvements, 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.
Councilmember Carbone made the motion, seconded by Councilmember
Moore to approve Resolution No. R2017-254 and Resolution No.
R2017-255.
Voting “Aye” Councilmembers Carbone, Moore, Reed, Ordeneaux,
Little, Perez and Owens.
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-252 - A Resolution of the
City Council of the City of Pearland, Texas, renewing a unit supply
contract for sludge transfer, dewatering
Agenda Item #V.A.
Page 8 of 10 – 12/11/2017
and lift station cleaning services to Magna Flow Environmental in
the estimated amount of $450,000.00 beginning December 12, 2017
through December 11, 2018.
Councilmember Moore made the motion, seconded by Mayor Pro-Tem Reed
to approve Resolution No. R2017-252.
City Manager Clay Pearson reported Council is being asked to renew
a unit supply contract for sludge transfer, dewatering and lift
station cleaning services to Magna Flow Environmental.
Discussion ensued between Councilmember Moore and City Manager Clay
Pearson regarding Magna Flow Environmental was chosen because they
are able to do everything that is required.
Discussion ensued between Councilmember Perez and Director of
Public Works Eric Wilson regarding when this contract starts new
the City will request the dried solids be taken to a landfill other
than Blue Ridge Landfill.
Councilmember Carbone stated when this contract starts new he would
like to know the cost difference. He further stated he is not going
to blindly say the City cannot go to Blue Ridge Landfill if it is
going to cost the City in excess of 100,000 to utilize another
landfill.
Assistant City Manager Trent Epperson stated when the contract
starts new the City will take bids showing see the costs.
Voting “Aye” Councilmembers Moore, Reed, Ordeneaux, Little, Perez,
Owens and Carbone,
Voting “No” None.
Motion Passed 7 to 0.
Council Action – Resolution No. R2017-251 - A Resolution of the
City Council of the City of Pearland, Texas, renewing a unit price
contract for dewatered bio-solids disposal services to Sprint Waste
Services LP in the estimated amount of $461,000.00 beginning
December 15, 2017 through December 14, 2018.
Mayor Pro-Tem Reed made the motion, seconded by Councilmember Moore
to approve Resolution No. R2017-251. City Manager Clay Pearson
reported Council is being asked to renew a unit price contract for
dewatered bio-solids disposal services to Sprint Waste Services
LP.
Voting “Aye” Councilmembers Reed, Ordeneaux, Little, Perez, Owens,
Carbone and Moore.
Agenda Item #V.A.
Voting “No” None.
Motion Passed 7 to 0.
First Reading of Ordinance No. 1544-1 - An Ordinance of the City
Council of the City of Pearland, Texas, amending Ordinance No.
1544, the 2017-2018 Annual Budget Ordinance, by; authorizing the
City Manager or his designee to take all actions necessary to
facilitate the changes identified herein without further approval
of City Council; providing a savings clause, a severability clause,
a repealer clause, and an effective date.
Councilmember Ordeneaux made the motion, seconded by Councilmember
Moore to approve Ordinance No. 1544-1 on its First Reading.
Budget Officer John McCarter presented and overview of the
carryover expenditures and the budget for those items to be
re-established in this fiscal year.
Discussion ensued between Councilmember Owens and City Manager Clay
Pearson regarding property tax revenue.
Councilmember Carbone thanked staff for the memo’s and
detail.
Discussion ensued between Councilmember Carbone and Budget Officer
John McCarter regarding revenue being down due to building permits
and how that will track into the future.
Voting “Aye” Councilmembers Ordeneaux, Little, Perez, Owens,
Carbone, Moore and Reed.
Voting “No” None.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
Council adjourned into Executive Session under Texas Government
Code at 7:51 p.m. to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Executive Session – Section 551-074 – Personnel Matters –
Regarding appointments to City Boards and Commissions.
2. Executive Session – Section 551-071 – Consultation with City
Attorney -
Agenda Item #V.A.
Council returned from Executive Session at 9:05 p.m.
OTHER BUSINESS: No Council action taken.
ADJOURNMENT:
Meeting was adjourned at 9:06 p.m.
Minutes approved as submitted and/or corrected this the _____ day
of _____________, A.D., 2018.
____________________________ Tom Reid
Agenda Item #V.A.
CITY OF PEARLAND, TEXAS
DATE SUBMITTED: 30 Nov 2017 DEPT. OF ORIGIN: Public Works
PREPARED BY: Mark Wahlstrom
SUBJECT:
Consideration and Possible Action – Resolution No. R2018-18 - A
Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply bid for waste water polymer services to Fort
Bend Services, in the estimated amount of $120,000.00 beginning
January 27, 2018 through January 26, 2019.
ATTACHMENTS:
Grant Developer/Other Cash
G.O. Bonds To Be Sold G.O. Bonds - Sold Rev. Bonds to Be Sold
Rev. Bonds - Sold C.O.'s To Be Sold C.O.'s - Sold
EXPENDITURE REQUIRED: 120,000
AMOUNT BUDGETED: 80,000 FY 18, $40,000 FY19 Pending Budget
Approval
AMOUNT AVAILABLE: 80,000 FY 18, $40,000 FY19 Pending Budget
Approval
ACCOUNT NO: 600-305-355.5110.040 .
Page 44 of 208
It is necessary for the Public Works, Wastewater Division to
contract for the supply of polymer, which is used to dewater liquid
bio-solids into a drier product for subsequent disposal per State
requirements. Polymer is used at four of the five wastewater
plants, where we have dewatering equipment.
SCOPE OF CONTRACT/AGREEMENT
The awarded vendor will provide 55 gallon drums or 250 gallon totes
of polymer on an as needed basis throughout the contract. The
contract will be for one (1) year, with two (2) renewal options
upon the mutual agreement of the parties, and the approval of City
Council.
BID AND AWARD
The City solicited bids for the supply of polymers through Bid #
1218-17, which was published in the paper and posted on the City’s
e-bid system. Bid invitations were provided to 97 vendors. Three
sealed bids were received December 21, 2017 for the supply of
polymer to four (4) of the City’s wastewater treatment plants. Of
the three (3) bids received, one (1) response was a “no bid”,
yielding two responsive bidders. The lowest responsible bidder is
Fort Bend Services, which is also the incumbent vendor (see Exhibit
A). Public Works personnel report a high level of satisfaction with
their product and service and recommend the contract award be
awarded again to Fort Bend Services.
SCHEDULE
Awarded bidder will supply polymers for wastewater as requested by
Public Works staff throughout the contract period.
POLICY/GOAL CONSIDERATION
This bid award will positively impact the City’s goal of providing
and maintaining a wastewater effluent that meets or exceeds
environmental standards and regulations set by TCEQ and protecting
public health of the receiving stream waters.
CURRENT AND FUTURE CIP FUNDING/FINANCIAL IMPACTS/DEBT SERVICE
Funding for these purchases will come from the Public Works
operating budget.
Recommended Action
A Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply contract for purchase of wastewater polymers
to Fort Bend Services, in the estimated amount of $120,000.00,
beginning January 2