2014-09-29 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 29, 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;
J.C. Doyle Police Chief; Michelle Graham Director of Parks and Recreation; Bonita Hall
Director of Human Resource and Safety Management, Lata Krishnarao Director of
Community Development; Eric Wilson Director of Public Works; Letitia Farnie Honorable
Municipal Court Judge.
The invocation was given by Councilmember Moore, and the Pledge of Allegiance was led by
J.C. Doyle Police Chief.
CALL TO ORDER
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Lance Foss, 1409 O'Day Road, addressed Council stating as a resident of Pearland he
appreciates the transparency of the City Government, and the information provided to the
residents. He stated he saw the videos on the "I Remember Series" regarding the Mayor,
Police Chief, and Historical Society. He would like to see Councilmembers, past and present
to do the same thing. He further stated he appreciates the quality of the Pearland drinking
water, it is outstanding.
Mayor Reid called the Public Hearing Meeting to order at 6:37 p.m.
PUBLIC HEARING: To gather public comment for Creation of a Reinvestment Zone —
Keystone Engineering, 1424 North Main Street.
STAFF REVIEW:
City Attorney Darrin Coker reported a public hearing is required prior to the creation of a
reinvestment zone for property generally located at 1424 N. Main Street, south of the Kemlon
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facility. A zone must be formed before the City may enter into a Tax Abatement Agreement
with any prospect that may develop in the zone. The hearing is being held to determine
whether the proposed industrial improvements sought for the property are feasible and
practicable and whether the improvements will benefit the land within the zone. The first
reading of the ordinance creating the reinvestment zone will be considered by City Council
tonight, September 29, 2014, with a second reading scheduled for October 13, 2014. An
actual abatement agreement would not be presented to City Council until October 27, 2014.
CITIZEN COMMENTS: None.
COUNCIL/STAFF DISCUSSION: None.
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The Public Hearing was adjourned at 6:41 p.m.
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the July 21, 2014, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the August 25, 2014, Regular Meeting, held at 6:30 p.m.
3. Minutes of the September 2, 2014 Special Meeting, held at 6:30 p.m.
4. Minutes of the September 8, 2014, Special Meeting held at 6:30 p.m.
5. Minutes of the September 15, 2014, Special Meeting held at 6:00 p.m.
B. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-118 — 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 a tract of land containing 2.939 acres out of Lots
20, 21 and 22 of the George W. Jenkins Subdivision, in Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 2, Page 20,
of the Brazoria County, Texas Plat Records (located at the northeast corner
of Broadway Street and Shauntel Street, Pearland, Texas), Zone Change
2014-12Z; a request of Brian Allen, Baks Brewery, applicant; on behalf of
George Gartner, owner; for approval of a change in zoning from General
Commercial (GC) to a non-residential Planned Development known as Baks
Brewery; on approximately 2.94 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.
C. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-119 — 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 a tract of land containing 142.9664 acres of land
out of Pearland Town Center, a subdivision of 143.6500 acres as recorded
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under File Number 2007008914 of the Plat Records of Brazoria County,
Texas, and situated in the H.T. & B.R.R. Company Survey, Abstract 300,
Section 81, Brazoria County, Texas, (located on the south side of Broadway
Street, east and west of Kirby Drive, and west of Business Center Drive,
Pearland, Texas), Zone Change Application 2014-13Z; a request of Alysia
Gordon and Teir Allender, applicants; on behalf of Michael Lebovitz,
Executive Vice President of Development and Administration for Pearland
Town Center, LP, owner; for approval of a change in zoning to amend the
sign regulations contained within the Pearland Town Center PUD; on
approximately 142.97 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 Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through C 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.
NEW BUSINESS:
Second and Final Reading of Ordinance No. 1505 — An Ordinance adopting a tax rate of
$0.7121 and levying taxes for the use and support of the Municipal Government of the City of
Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2014.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux to
move that the property tax rate be increased by the adoption of a tax rate of $0.7121, which
is effectively a 5.62% increase in the tax rate approving Ordinance No. 1505 on its Second
and Final Reading.
City Manager Clay Pearson reported Council is being asked for approval of the Ordinance
adopting a tax rate of $0.7121 cents per $100 of assessed valuation and levying taxes for the
use and support of the Municipal Government of the City of Pearland and providing for the
interest and sinking fund of the taxable year 2014.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Second and Final Reading of Ordinance No. 1506 — An appropriation ordinance adopting
a revised budget for the fiscal year ending September 30, 2014 and adopting a budget for
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the fiscal year beginning October 1, 2014, and ending September 30, 2015, and pay plans
for fiscal year 2015.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to approve
Ordinance No. 1506 on its Second and Final Reading.
City Manager Clay Pearson reported Council is being asked to approve the Ordinance
amending the budget for fiscal year 2013-2014, adopting a budget for the 2014-2015 fiscal
year and adopting the fiscal year 2014-2015 pay plans.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Second and Final Reading of Ordinance No. 1358-11 — An Ordinance of the City Council
of the City of Pearland, Texas, amending non -development usage and service fees,
containing a savings clause, a severability clause and a repealer clause; providing for
publication and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 1358-11 on its Second and Final Reading.
City Manager Clay Pearson reported Council is being asked for approval amending the non -
development usage and service fees.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. 2014-121 — A Resolution of the City Council of the City
Of Pearland, Texas, approving and adopting the Five -Year Capital Improvement Program
(CIP) 2015-2019.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve
Resolution No. R2014-121.
City Manager Clay Pearson reported the City has prepared the Five -Year Capital
Improvement Program (CIP) that covers Fiscal Year 2015 through Fiscal Year 2019. This
program is a continual process and consequently should be viewed as a working document.
The document covers a five-year planning perspective, it is revised every year in order to
accommodate new projects, reflect changes in ongoing projects and extend the program
another year.
Discussion ensued between Council and City Manager Clay Pearson regarding the amount
of funds for the City Hall renovation.
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Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 1507 — 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. R2013-14; designating and describing a
Reinvestment Zone (to be known as Reinvestment Zone #26) generally located at the
intersection of McHard Road and SH35, 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 Carbone made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1507 on its First Reading.
City Manager Clay Pearson reported this is the ordinance creating a reinvestment zone for
property generally located at 1424 N. Main Street, south of the Kemlon facility. The City may
enter into a Tax Abatement Agreement with any prospect that may develop in the zone. The
ordinance makes a determination that the proposed industrial improvements sought for the
property are feasible, practicable, and that the improvements will benefit the land within the
zone.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-117 — A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into an Amended
Development Agreement with MHI Compressor International Corporation and MHI
Compressor Manufacturing, LLC.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2014-117.
City Attorney Darrin Coker reported when Staff met with Council there was discussion to
delay payment that would be owed to the City by October 7, 2014. The reason for the delay
of payment is after tonight the City will begin the engineering on Hopper Road, which will
take nine to ten months. The City originally requested MHI to accept the date of July 31,
2015. MHI requested to add two months to that date. After internal discussion there was no
objection. The City will not award the contract bid for Hooper Road improvements until the
City receives payment from MHI Compressor International Corporation and MHI Compressor
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Manufacturing, LLC. Council is being asked to approve the trigger date in the document of
September 24, 2014, and the due date for the funds would be September 30, 2015.
City Manager Clay Pearson reported the large steel is going up in the Lower Kirby district for
Mitsubishi Heavy Industries. Mitsubishi will be a major presence in Pearland in terms of
investment and jobs being brought to Pearland.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2014-119 — A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into a Letter
Financing Agreement with the Lower Kirby Municipal Management District and Engineering
Service Agreements with LJA Engineering, Inc. associated with the Hooper Road
Reconstruction Project.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-119.
City Manager Clay Pearson reported Council is being asked for approval for the City to enter
into a Letter Financing Agreement with the Lower Kirby Municipal Management Di9strict and
Engineering Service Agreements with LJA Engineering, Inc. associated with the Hooper
Road Reconstruction Project.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
City Council Policy Discussion Regarding Approach to requested In -City Municipal Utility
Districts for developers' rebate of portion of property tax.
City Manager Clay Pearson reported the purpose of this item is to receive Council feedback
regarding the City's In -City Municipal Utility District Policy for undeveloped residential
properties in the City. Staff is seeking direction relative to the Council's discussion on this
issue at the 2014 Council Strategic Planning Retreat where Council expressed a desire to
limit the City's practice of rebating a portion of the City's property taxes for In -City MUD
development. As Council is aware, existing MUD's benefit from a 15 cent rebate from the
City.
City Attorney Darrin Coker asked Council for direction so Staff can move forward.
Discussion ensued between Council and City Attorney Darrin Coker regarding the City's
practice of rebating a portion of the City's property taxes for In -City MUD development.
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Alan Mueller discussed some points regarding Municipal Utility Districts for developers'
rebate of a portion of property tax.
All Councilmembers were in favor of Option B, Modified rebate for properties added to
existing Municipal Utility Districts.
Council Action — Resolution No. R2014-118 — A Resolution of the City Council of the City
of Pearland, Texas, directing staff to prepare a service plan for the proposed annexation of
12.29 acres located on the west side of County Road 48, west of Southern Trails Subdivision
and approximately 2000 feet south of Broadway Street.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2014-118.
City Attorney Darrin Coker reported this Resolution will pave the way for Staff to proceed with
the annexation process for the balance of this track of acreage which is 12.29 acres into the
City.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None.
MAYOR/COUNCIL ISSUES: None.
ADJOURNMENT
Meeting was adjourned at 7:28 p.m.
Minutes approved as submitted and/or corrected this the 27th day of October, A.D., 2014.
Tom Reid
Mayor
ATTEST:
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