2014-08-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 25, 2014, AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Keith Ordeneaux
Tony Carbone
Scott Sherman
Gary Moore
Greg Hill
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager;
Matt Buchanan President of Pearland Economic Development Cooperation; J.C. Doyle
Police Chief; Trent Epperson Assistant City Manager; Michelle Graham Director of Parks and
Recreation; Lata Krishnarao Director of Community Development; Kim Sinistore Executive
Director of the ConventionNisitors Bureau; Sparkle Anderson Communications Manager;
Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance was led
by J.C. Doyle Chief of Police.
CALL TO ORDER
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Quentin Wiltz, 4105 Summer Lane, addressed Council stating he has questions regarding
the Modern Green Development. How many mixed use projects have been proposed since
the WaterLights District. Is the City certain this project, and amenities is what the community
needs. What are the benefits working with Modern Green, and has the City done a gap
analyses. He stated if Council wants to know what the residents think, give them an
opportunity outside of social media and social network. If Council wants the residents to buy
into this development then Council needs to sell it.
PUBLIC HEARING: None
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CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the July 28, 2014, Regular Meeting, held at 6:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of
Ordinance No. Cup 2014-05 An Ordinance of the City Council of the City of
Pearland, Texas, approving a Conditional Use Permit for certain property,
being 5.00 Acres out of the G.T. & B.R.R. Company Survey, A-304 in
Brazoria County, Texas being the same land described as 5.00 Acres in a
warranty deed from Steven C. Muth to Houston Chinese Church, dated July
5, 2007 and recorded as Document No. 2007039242, official records of
Brazoria County, Texas. (located at the 2500 Block of Miller Ranch RD.,
Pearland, TX Conditional Use Permit Application No. CUP 2014-05 to allow
for a church, temple, or place of worship in the single family residential -1 (R-
1) District at the request of Raymond JJ ZHUO, Applicant, on behalf of
Houston Chinese Church, owner, containing a savings clause, a severability
clause, an effective date and other provisions related to the subject.
C. Consideration and Possible Action — Resolution No. R2014-106 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit bid for water and wastewater analysis services to Eastex Environmental
Laboratory, Inc. in the estimated amount of $80,605.00.
D. Consideration and Possible Action — Resolution No. R2014-105 — A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City's Investment Report for the quarter ending June 2014.
E. Consideration and Possible Action — Resolution No. R2014-107 — 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 with the
Pearland Independent School District for School Resource Officer Program.
F. Consideration and Possible Action — Resolution No. R2014-101 — A
Resolution of the City Council of the City of Pearland, Texas, adopting the
updated Parks and Recreation Programming Standards of Care for youth,
ages 5-13 years.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through F as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
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NEW BUSINESS:
Council Action - Resolution No. R2014-108 - A Resolution of the City Council of the City
Of Pearland, Texas, authorizing the sale of undeveloped property abutting the Sam Houston
Toll Way (between south Wayside Drive and Mykawa Road) to the Harris County Toll Road
authority in the amount of $1,371,356.00.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. 2014-108.
City Manager Clay Pearson reported Council is being asked to approve a land acquisition
sale with Harris County Toll Road Authority for the grand total of $1,371,356.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2014-102 - 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 with Brazoria County for certain road overlay projects: 1) Hatfield Road, FM 518
north to Rice Road; 2) Veterans Drive, Walnut Street south to Magnolia Drive; and 3) Harkey
Road, Magnolia Drive south to Bailey Road.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Resolution No. 2014-102.
City Manager Clay Pearson reported Council is being asked to approve the annual Interlocal
Agreement between the City of Pearland and Brazoria County that covers the construction,
maintenance, improvement and repair activities on certain streets in the City. The City will
provide the materials and the County will provide the equipment and labor for the work
performed.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1502 - An Ordinance of the City Council of the City of
Pearland, Texas, repealing Chapter 4, Alcoholic Beverages, of the City of Pearland Code of
Ordinances, in its entirety, and adopting a new Chapter 4 for the purposes of complying with
state law; having a savings clause, a severability clause, and a repealer clause; providing for
publication, codification, and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 1502 on its First Reading.
City Manager Clay Pearson reported Council is being asked to approve the revision of the
City's Alcohol Ordinance. The City's current ordinance was drafted in 1960 and does not
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comply with state law. The City's practice of issuing alcohol permits has always followed the
state's guidelines. The purpose for the new ordinance is to make the City's ordinance
consistent with state law and how the City processes permits.
Discussion ensued between Council and City Attorney Darrin Coker regarding a hospital or
church that builds next to an existing establishment that sells alcoholic beverages would not
be in violation of the City's ordinance.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Regarding the appointment to the Parks, Recreation and Beautification
Board to Position No. 5 for unexpired term expiring November 1, 2017.
Councilmember Hill made the motion, seconded by Councilmember Moore, regarding the
appointment to the Parks, Recreation and Beautification Board to Position No. 5 for
unexpired term expiring November 1, 2017.
Mayor Reid stated he would like to nominate Valerie Marvin.
Councilmember Moore stated he would like to nominate Bethany D. Earl, she has experience
in sales and marketing, and could possibly assist the Parks Department in advertising and
bringing people to the parks.
Councilmember Hill stated of the candidates listed, Kevin Lucas, Jessica Fernandez, Ted
Mittica, and Valerie Marvin are the only ones that applied for a position on the Parks,
Recreation and Beautification Board. The other candidates asked to be placed as an
alternate. He thinks Council should look at the candidates that would primarily like to be
placed on the Parks Board.
Mayor Pro -Tem Ordeneaux agreed with Councilmember Hill.
Councilmember Carbone stated he would like to see Valerie Marvin on the Parks, Recreation
and Beautification Board.
Councilmember Hill stated Valerie Marvin and Ted Mittica each listed a City of Pearland
employee as a reference. He further stated Ted Mittica is retired, and Valerie Marvin is
employed.
City Attorney Darrin Coker stated to clarify regarding the three potential candidates for the
vote that will take place in a few minutes; there were 2 hands for Ted Mittica, 2 hands for
Valerie Marvin, and 1 hand for Bethany D. Earl.
Councilmember Moore stated he would like to change his vote from Bethany D. Earl to Ted
Mittica.
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Councilmember Hill made the motion to amend the motion, seconded by Councilmember
Moore, to approve the appointment of Ted Mittica to the Parks, Recreation and Beautification
Board for Position #5 for unexpired term expiring November 1, 2017.
Voting "Aye" Councilmembers Sherman, Ordeneaux, Moore, and Hill.
Voting "No" Councilmember Carbone.
Motion Passed 4 to 1.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Sherman, Ordeneaux, Moore, and Hill.
Voting "No" Councilmember Carbone.
Motion Passed 4 to 1.
Mayor Reid stated New Business, Item 5, Ordinance No. 2000M-117 has been removed from
the agenda to be considered at a future date.
First Reading of Ordinance No. 2000M-117 — 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 real property, being that
portion of Lot 5 of the subdivision of James Hamilton Survey, Abstract No. 881, a portion
lying within Harris County, Texas and the remainder lying within Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 83, Page 342 of the deed records of
Harris County, Texas, (located at the southwest corner of Spectrum Boulevard and State
Highway 288, Pearland, TX), Zone Change 2014- 02Z; a request of Kevin Cole, applicant; on
behalf of American Modern Green Development, LLC., owner; for approval of a zone change
from the Waterlights Planned Development (PD) to the Modern Green -Ivy District PD, on
approximately 48.5 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.
Council Input and Discussion on: FY2015 Budget and Multi -Year Plan:
• General Fund Budget Further Reductions/Revenue Enhancements
• Take Home Fleet Expansion
• Police Staffing and Resources
• City Hall Renovations
• Water/Sewer Rates
• Water Meter Change -Out Program
• Other Budget Discussion Items
City Manager Clay Pearson and the Finance Department Budget Office provided responses
to Council's questions regarding the specifics of the FY 2014-2015 Proposed Budget for the
City of Pearland through a PowerPoint presentation.
Discussion ensued between Council and Chief of Police J.C. Doyle regarding clarification on
the Fleet Expansion deferral option, FY2015 assignment for officers with 6 year's service,
then back to 5 years of service for FY2016.
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Finance Director Claire Bogard stated it is the same affect through the 5 year period. The
General Fund Balance will still be in this position in 2016, 2017, and 2018.
Councilmember Carbone stated he would like the policy to stay with what was set last year.
Councilmember Hill stated he agrees with Councilmember Carbone regarding staying with
the policy that was set last year.
Councilmember Sherman stated until four weeks ago Council did not have a real sense of
the financial situation the City was going to be in this year. Staff had to cut $285,000 from a
wide range of departments. He thinks the right financial move at this point is to put this on
hold.
Mayor Pro -Tem Ordeneaux stated he would like to see more information regarding the turn
over schedule for purchasing new police vehicles.
Finance Director Claire Bogard stated over a 5 year period 39 officers will qualify with 5 years
of service. With shared vehicles that will cut the number of vehicles the City has to purchase.
Over a 5 year period the City is looking at purchasing 24 new vehicles for the 39 officers that
qualify. The replacement life for take home vehicles that are not being driven 24 hours 7 days
a week is 5 to 6 years. The City can get 2 more years of life out of the shared vehicles.
City Manager Clay Pearson stated this is staff's collective recommendation to defer the
Police Home Fleet Expansion because the City does not want to start the expansion service,
and not be able to sustain for the next 2 or 3 years.
Mayor Pro -Tem Ordeneaux stated the City created a Fund Balance Policy for a reason and
we need to stick by that Policy.
Discussion ensued between Council and City Manager Clay Pearson regarding the 2013
Citizen Satisfaction Survey.
Councilmember Hill stated he is for cutting the sidewalk repair for 2015 to be able to put four
new police officers on the streets in the City of Pearland.
Councilmember Carbone stated he agrees somewhat in concept when it comes to public
safety. He would hate to cut the sidewalk program, but if it means being able to put more
patrol officers on the streets where they are needed that is a choice he would make.
Councilmember Sherman stated the Pearland Police Department does an excellent job. He
has not seen anything that says the City is deficient to the point that the citizens are at risk. It
is unfair to the citizens that have come to Council wanting their sidewalks repaired. There are
tough choices to be made, but he does not think all the tough choices need to be used to
shift to one department.
Mayor Pro -Tem Ordeneaux stated some of the police officers receive an automatic cost of
living increase every year on top of the salary increase. He suggested cutting the 2% salary
increase this year to those police officers. The officers will still receive a higher bump in their
salary with the cost of living increase. If a department is wanting something for their
department the first cut should be from within that department.
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Discussion ensued between Council and Chief of Police J.C. Doyle regarding the difference
between priority 1 and priority 2 calls.
Mayor Reid stated another way to address this issue is the tax rate.
Mayor Pro -Tem Ordeneaux stated the City can go over the rollback tax rate, and 7% of the
residents could call for an election. The rollback tax increase would pass if this is what the
residents want.
Discussion ensued between Council and Finance Director Claire Bogard regarding the
General Government overview of expenditures.
Mayor Pro -Tem Ordeneaux stated if Council is going to cut the budget to be able to add to
the police department he would like to see how much the City would save regarding the
police officers that receive the cost of living increase, and not receive the 2% salary increase.
He further stated if the City wants to spend more, the City needs to do the conservative thing
and cut spending from the top and not have to cut after the City already has the budget.
Discussion ensued between Council and City Manager Clay Pearson regarding the funding
for the City Hall Complex renovation will be from Certificates of Obligation.
Councilmember Carbone stated he would like to see if staff could make some budget cuts
from the City Hall Complex renovations. He has a problem spending from Certificates of
Obligation when the City still has 2007 Bond Projects to be completed.
Mayor Pro -Tem Ordeneaux and Councilmember Moore stated they would like to see a
detailed list of the renovations for the City Hall Complex.
Councilmember Carbone stated*ardirig the Water Sewer Rate Options he does not have
any objections to Option 1.
Discussion ensued between Council and Finance Director Claire Bogard regarding the new
Water -Sewer system and increase in revenues.
Councilmember Carbone stated the City will have to issue debt in 2016. He would like to see
options of different types of amortization on the debt service.
Councilmember Hill stated he talked to the Manager at Strickland Chevrolet regarding
donating a fifteen passenger van to the Citizens Police Academy. That would be a big
savings in the budget. The Manager will get back with him regarding his decision.
Councilmember Carbone stated a couple of ways the City may cut the budget is to consider
pushing the donation fund for Needs Assessments for Animal Services closer to the time the
City is ready to start the project. He further stated the City can build the energy efficient
buildings, but do not apply for the Leadership in Energy and Environmental Design (LEED)
Certification and save $637,000.
Discussion ensued between Council and Finance Director Claire Bogard regarding the
Library Book Lease Program between the City of Pearland and Brazoria County, and credit
card fees.
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Councilmember Carbone thanked Staff for all their hard work and information in putting the
budget together.
City Manager Clay Pearson asked Council in the next couple of days to contact Staff if they
have more suggestions or thoughts that may help Staff bring back information regarding the
budget.
OTHER BUSINESS: None.
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 8:38 p.m.
Minutes approved as submitted and/or corrected this the 29th day of September, A.D. 2014.
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Tom Reid
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