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HomeMy WebLinkAbout2016-03-14 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MARCH 14, 2016, 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 Torn Reid Mayor Pro-Tern Tony Carbone Councilmember Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember Greg Hill 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, J C Doyle Police Chief; Lata Krishnarao Director of Community Development; Frankie Legaux City Planner; Cynthia Pearson Interim Director of Finance, Sue Polka Director of Engineering, Kim Sinistore Executive Director of the ConventionNisitors Bureau, Eric Wilson Public Works Director; Sparkle Anderson Director of Communications, Joel Hardy Grants Coordinator; Jennifer Huhn Court Administrator; Michael Leech Assistant Director of Public Works, Richard Mancilla Assistant City Engineer; John McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Rick Overgaard Assistant Finance Director; Lawrence Provins Deputy City Attorney; Tara Kilpatrick Budget Officer The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by Chief of Police J C Doyle ROLL CALL. Mayor Reid, Mayor Pro-Tern Carbone, Councilmembers Moore, Reed, Ordeneaux, and Hill CITIZEN COMMENTS Kenneth Carter, 3607 East Orange Street, addressed Council stating his concerns regarding putting in a sidewalk from Grand Street to Highway 35 He stated the many dangers in that area because of no sidewalk. PUBLIC HEARING. None CONSENT AGENDA. A. Consideration and Possible Action —Approval Of Minutes 1 Minutes of the February 8, 2016, Regular Meeting held at 6 30 p.m 2. Minutes of the February 22, 2016, Regular Meeting held at 6.30 p m Page 1 of 12—3/14/2016 B. Consideration and Possible Action — Resolution No R2016-39 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a contract with BRW Architects, Inc , in an amount not to exceed $90,259 00, for professional services associated with the design of Fire and EMS Station #1 C Consideration and Possible Action — Resolution No R2016-38 — A Resolution of the City Council of the City of Pearland, Texas, changing the regular meeting time for March 28, 2016 D Consideration and Possible Action — Resolution No R2016-34 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for custodial services associated with City Facilities to A & A Cleaning Services in an amount not to exceed $202,920 beginning March 7, 2016 through March 6, 2017 E Consideration and Possible Action — Resolution No R2016-45 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a contract with Gulf Coast Center-Connect Transit, in the estimated amount of $40,060, for transportation services. Councilmember Ordeneaux asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion Councilmember Moore made the motion, seconded by Councilmember Reed, to adopt Consent Agenda Items A through E with the exception of Item E as presented on the Consent Agenda Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Voting "No" None Motion Passed 5 to 0 MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Ordeneaux Consent Agenda Item E was removed for further discussion E. Consideration and Possible Action — Resolution No R2016-45 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a contract with Gulf Coast Center-Connect Transit, in the estimated amount of $40,060, for transportation services Page 2 of 12—3/14/2016 Deputy City Manager Jon Branson reported this is a program the City has had since 2012 Gulf Coast Center-Connect Transit will contract with the City to provide transportation services for eligible residents within the City Limits of Pearland for another three (3) years Eligible participants must be 60 years of age or older, disabled and/or low income designated individual/family Upon approval Transportation services will continue effective for another three year term through 2018 The program will allow those eligible for the service to secure transportation services 7 days a week, 24 hours per day Councilmember Ordeneaux stated he pulled this item because he voted against it in 2012 He further stated he does not have a problem with the program, it works well What he wanted in 2012 and would like to see is to limit the scope of the area so the City is not sending residents to the Galleria or some area like that. He has no problem with going to the Medical Center or places like that or staying in the Pearland community to shop He does have a problem with the openness of the Houston area drop off locations. Discussion ensued between Council and Deputy City Manager Jon Branson regarding a way to limit the scope of the area of drop off locations Voting "Aye" Councilmembers Hill, Carbone, Reed, and Moore Voting "No" Councilmember Ordeneaux. Motion Passed 4 to 1 NEW BUSINESS First Reading of Ordinance No CUP 2016-02 - An Ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a gasoline station and convenience store in the General Business (GB) zone, being a tract or parcel containing 2 157 acres of land, being all of Lot 1, Block 1, JKJ Development recorded under Brazoria County Clerks File (B C C F ) No 2008015246, and all of a called 0 65 acre tract as described by deed recorded under B C C F No 2013054148, situated in the R.B Lyle Survey, Sec. 4, A-543, City of Pearland, Brazoria County, Texas. (Located at Northwest corner of Orange Street and Mykawa Road, Pearland, TX.) Conditional Use Permit Application No 2016-02, within the General Business (GB) zoning district, at the request of James Elmore, applicant; on behalf of Joseph and Mathew John, owners, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Reed made the motion, seconded by Mayor Pro-Tem Carbone, to approve Ordinance No CUP 2016-02 on its First Reading Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Conditional Use Permit (CUP) Application No 2016-02 Director of Community Development Lata Krishnarao reported Staff is not able to recommend approval of the requested CUP on the approximately 2 157 acre site to allow a fuel station use for the following reasons. Page 3 of 12—3/14/2016 1 The Comprehensive Plan indicates that existing industrial land should be preserved • The use of an M-1 zoning district for a gas station causes erosion of valuable manufacturing land 2 The Future Land Use Plan shows the uses to be "Retail, Offices and Services" in the General Business (GB) portion and the M-1 portion to be "Industrial" The proposed zone change will not be in conformance with the Future Land Use Plan 3 Without approval of a Conditional Use Permit, the use would not be in conformance with the Unified Development Code as "Gasoline Stations" and other auto related uses require Conditional Use Permit approval in the General Business (GB) zoning district. 4 The use has the potential to have substantial impact such as noise, dust, excessive light and traffic including truck traffic, on neighboring residential properties to the north, west and south The site plan shows an area for semi-truck fueling stations which would not be appropriate for the residential area to the south Pamela Kennard, 2206 Willow Blvd , addressed Council stating she is representing the Willowcrest neighborhood She and her neighbors are against putting a gasoline station near their neighborhood David Miller, 3008 Windwood, addressed Council stating his concerns regarding the owner and developer of the property tract in question has been caught in a situation that has resulted in "getting the short end" of any consideration He asked Council if they feel they cannot vote in favor of the Conditional Use Permit (CUP) to table the item to a future meeting Councilmember Ordeneaux stated he does not think a government body should dictate the market. He cannot vote on what is in front of him tonight. Voting "Aye" None Voting "No" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Motion Failed 5 to 0 First Reading of Ordinance No 20001-20 — An Ordinance of the City Council of the City of Pearland, Texas, amending selected provisions of the Land Use Matrix of the Unified Development Code of the City; having a savings clause, a severability clause, and a repealer clause, providing for codification, publication.and an effective date Councilmember Carbone made the motion, seconded by Councilmember Reed, to approve Ordinance No 2000T-20 on its First Reading Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of the proposed amendments to the Unified Development Code (UDC) Director of Community Development Lata Krishnarao reported Council is being asked for approval of the proposed changes to the Unified Development Code(UDC) Land Use Matrix for the following reasons Page 4 of 12—3/14/2016 1 Conditional Use Permits will allow the Council .to review the location, design and configuration of the proposed to determine if the use is compatible to existing land uses Conditions may be imposed to ensure that a proposed use is suitable at the particular location 2 Correction of typographical errors, expansion of descriptions and elimination of duplicate entries will add clarity to the Unified Development Code (UDC) Councilmember Moore asked if there is a way to let a new home owner know if they are purchasing a home that was built on or near a landfill Director of Community Development Lata Krishnarao stated when it comes time to update the City's Comprehensive Plan staff will make sure all the land use categories are still relevant and will see how it can be tweaked because of the growth of the City She further stated staff does look at the categories on a broad scale. Councilmember Ordeneaux stated he does not know of a legal way to do that. What is in question is outside of the city limits and cannot be controlled to begin with He stated there should be some rules. When moving things from being permitted to not permitted to Conditional Use Permit (CUP) it muddies the water Mayor Pro-Tem Carbone stated he does struggle with taking permitted rights from land owners and having them jump through hoops. He further stated at the same time he does not want to see a Correctional Institution come in without going through some hoops. Councilmember Hill stated not all zoning is bad, it is a balance and you have to figure out the best balance Voting "Aye" Councilmembers Hill, Carbone, Reed, and Moore Voting "No" Councilmember Ordeneaux. Motion Passed 4 to 1 Council Action — Resolution No R2016-40 —A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Amended Cost Sharing/Reimbursement Agreement with the Pearland Economic Development Corporation associated with the Hooper Road Expansion Project. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Resolution No R2016-40 City Manager Clay Pearson reported Council is being asked to approve an Amendment to the Reimbursement Agreement with the Pearland Economic Development Corporation for the reconstruction of Hooper Road Page 5 of 12—3/14/2016 Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Voting "No" None Motion Passed 5 to 0 Council Action — Resolution No R2016-41 —A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Hooper Road Expansion Project to Hurtado Construction Company, in the amount of$3,634,424.25 Councilmember Hill made the motion, seconded by Mayor Pro-Tern Carbone, to approve Resolution No R2016-41 City Manager Clay Pearson reported Council is being asked to award a contract to Hurtado Construction Company in the amount of $3,634,424 25 for the reconstruction of Hooper Road Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Voting "No" None Motion Passed 5 to 0 Council Action — Resolution No R2016-43 —A Resolution of the City Council of the City of Pearland, Texas, accepting the City's comprehensive annual financial report for fiscal year 2015 as prepared by the accounting firm of Whitley Penn, LLP Councilmember Moore made the motion, seconded by Councilmember Reed, to approve Resolution No R2016-43 Whitley Penn, LLP representative Senior Manager CPA Lupe Garcia gave a PowerPoint presentation of the 2015 Financial Statement Audit. Discussion ensued between Mayor Pro-Tem Carbone and Senior Manager CPA Lupe Garcia regarding the City does not have endowments or derivative instruments Mayor Pro- Tern Carbone asked for that language be stricken from the City's comprehensive annual financial report. Discussion ensued between Councilmember Hill and Senior Manager CPA Lupe Garcia regarding the pension liability Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore Voting "No" None Motion Passed 5 to 0 Page 6 of 12—3/14/2016 First Reading of Ordinance No 1518-3 —An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No 1518-2, the 2015-2016 Annual Budget Ordinance as it applies to General Fund Over Policy funds by authorizing the City Manager or his designee to take all actions necessary to facilitate the changes identified herein, providing a savings clause, a severability clause, a repealed clause, and an effective date Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Ordinance No 1518-3 on its First Reading as amended City Manager Clay Pearson reported Council is being asked for approval of Ordinance No 1518-3 authorizing the use of the General Fund over policy funds and TxDOT reimbursement for the projects and amending the FY 2016 Adopted Budget. Deputy City Manager Jon Branson stated that he would like to highlight four of the projects that staff would like to recommend The Linwood Road Construction and Drainage, the reduction of Certificates of Obligation for City Hall and Annex Remodel and HVAC/Mechanical Replacement, Street Asset Maintenance Recapitalization and the Fire Department Mid-Year Staffing Update Budget Officer Tara Kilpatrick gave an overview of the Recommended Expenditures to Fund with the General Fund Over Policy Dollars Discussion ensued between Mayor Reid and Budget Officer Tara Kilpatrick regarding if all the projects are approved as presented the City will still have 1 6 million over the two month reserve. Discussion ensued between Councilmember Ordeneaux, City Manager Clay Pearson and Budget Officer Tara Kilpatrick regarding the Community Development Planning Services, Software Licensing and the Fire Station Councilmember Ordeneaux stated street and building maintenance are items to fund with extra funds, he has trouble using extra funds for re-occurring items He further stated where will the funds come from next year Mayor Reid asked the candidates that were present that are running for the new position no 6 on City Council to stand and introduce themselves Adrienne Bell Position No 6, Monica Russo Position No 6, Terry Gray Position No 6, and Trent Perez, Position No 6 Discussion ensued between Mayor Pro-Tern Carbone and City Manager Clay Pearson regarding clarification of reducing the Certificates of Obligation City Hall renovation verses other Certificates of Obligation projects Mayor Pro-Tern Carbone stated with the decline of sales tax and coming in under budget the last few months he does not want to use the extra funds for the Certificates of Obligation City Hall renovation and he does not think the City should be spending five million to renovate a building He further stated he would like to keep those funds in reserve Page 7 of 12—3/14/2016 Councilmember Moore stated at this time he would like to see the extra funds left in reserve Discussion ensued between Councilmember Hill and Budget Officer Tara Kilpatrick regarding items listed on White Paper from the Council Retreat. Councilmember Hill stated he would not be opposed to holding back the one million for the Certificates of Obligation City Hall renovation and go with the other items Mayor Pro-Tern Carbone made the motion, seconded by Councilmember Moore to amend Ordinance 1518-3 to remove $1,000,000 that would have been used for the Certificates of Obligation City Hall renovation to leave in the reserve and pay all other items. Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Voting "No" None Motion Passed 5 to 0 Mayor Reid called for the vote on the motion as amended Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill Voting "No" Councilmember Ordeneaux. Motion Passed 4 to 1 Council Action — Resolution No R2016-42 —A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Office of the Governor's Body Camera Grant Program Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Moore,to approve Resolution No R2016-42 City Manager Clay Pearson reported the Purchasing office has utilized a product selection process that intends to secure the safest, most effective, sturdy, user-friendly, maintenance- free product on the market remediating the potential for the purchase of equipment made from cheap materials that lack the durability this particular function of governmental requires The preferred vendor is located in Texas, where the product is manufactured and serviced in it's entirely The storage and data management infrastructure associated with the use of this type of equipment is incorporated into the program costs for the number of devices that will be purchased with grant funds and our match, so no additional operating costs should be incurred Discussion ensued between Councilmember Moore and Grants Coordinator Joel Hardy regarding the application process and the battery life of the body cameras. Page 8 of 12-3/14/2016 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore Voting "No" None Motion Passed 5 to 0 Council Action — Resolution No R2016-36 —A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for professional services associated with the Water and Wastewater Impact Fee Update, with Freese and Nichols, Inc , in the amount of $105,100 00 Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Resolution No R2016-36 City Manager Clay Pearson stated Council is being asked to approve the Professional Services contract for Water and Wastewater Impact Fee Study Update with Freese and Nichols, Inc in the amount of$105,100 00 Discussion ensued between Councilmember Hill and City Engineer Susan Polka regarding the Reflection Bay Plant is included in the Water and Wastewater Impact Fee Study Update. Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill Voting "No" None Motion Passed 5 to 0 Council Input and Discussion — Council-requested update — Orange Street Resurfacing Project. City Engineer Susan Polka gave an update of the design work of the Orange Street project. Assistant Director of Public Works Mike Leech gave an update of the Orange Street project. Paul Eskine, 3516 E. Orange Street, addressed Council stating he is representing the residents of Linwood 1/Orange Street. The residents have been working with the City to get the drainage problems corrected He further stated they asked that Orange Street not be raised in height due to the fact it acts as a dam which keeps the water from exiting the neighborhood He further stated his concerns when the City started putting new asphalt on Orange Street which raised the height of the street. He stated if the City can make funds available for a new Service Center they can make funds available for a new concrete street with curb and gutter Kathye Warfield, 3526 Linwood Street, addressed Council stating she has 35 years of experience in business and she has learned that people get upset when expectations are not met. She further stated the residents are appreciative for Council hearing their concerns and the City working on the drainage problems, but she wants to express disappointment because what they were told is not happening She stated she hopes the City and Council will address the issues and solve the problem Page 9 of 12—3/14/2016 Councilmember Hill stated this has been going on for a long time and the sooner Linwood Street can get new pavement, curb and gutter the better He stated he appreciates the update staff presented, but the one thing that is disappointing is when you tell someone you are going to do something you should do it. He does not know if the City misled the residents or the Contractor misled the City, either way it is not right and it does not look good for the City He wants to see this made right. Councilmember Ordeneaux stated he would like to see the new pavement from Old Alvin Street to Slider Street, moved from 2018 to 2016 when the City figures out how to fund it. He stated this exact same problem is in the Old Town Site Orange Street has been overlooked and needs to be the first one to be corrected He further stated the City needs to have a funded plan that looks into the future and fixes the City's problems while maintaining current streets and building for growth He would like to see the City stop putting band-aids on things and come up with a long term plan Mayor Pro-Tem Carbone stated the residents were told from the beginning by multiple staff and even himself that Orange Street would be overlaid and the height would not be raised He would understand if the residents do not trust anything that comes from the governmental body's mouth He stated he is sorry for that. He does not know if there is a solution for the asphalt that has already been put on Orange Street. He asked Staff what it would look like to go back and put the project in line from what was said in the very beginning Assistant Public Works Director Mike Leech stated that has not been explored financially Mayor Pro-Tern Carbone asked in terms of the contract is there any recourse back to the contractor City Attorney Darrin Coker stated the contractor did provide specifications on what would be built and if the contractor did not build what were in the specifications, the City can make the contractor correct it. If the contractor did build what the specifications stated the City would have no recourse Mayor Pro-Tem Carbone would like for staff to look into this and try to get it corrected without spending any additional tax dollars. Discussion ensued between Council and City Engineer Susan Polka regarding Linwood Road Construction and Drainage Project including curb and gutter Mayor Pro-Tem Carbone stated the presentation was great, but the City did not follow through with what the residents were told He further stated he would like to see the conversion of concrete, curb and gutter from Orange Street to Slider Street moved up in the process Councilmember Reed stated not only is the contractor at fault, but the City made promises and we all have to take ownership, he apologized He stated he agrees with Mayor Pro- Tern Carbone to go back and look at the contract and see if there is any recourse Page 10 of 12—3/14/2016 Discussion ensued between Councilmember Moore and City Engineer Susan Polka regarding the engineering report for the drainage issue, and the size of the drainage pipes Councilmember Hill stated Staff, Council and the residents are working on this as a team There was disappointment, and the City has reason to apologize We will now move forward and solve the problem It is for the betterment of the town we live in Councilmember Moore thanked everyone that has been involved with this issue It is a credit to the residents that this is being addressed Mayor Pro-Tern Carbone stated the five elected officials apologized and asked if Staff had any commits City Manager Clay Pearson stated Staff joins the Councilmembers and apologizes to the residents for not living up to what the residents were told He stated it is painful when the residents state they are not able to trust the City Staff works every day to try to earn the trust of the residents He further stated Staff will start working on this issue to see what options there and to rectify this issue Mayor Reid stated the City has good Staff that will work on this issue He further stated part of the problem is the City has many capital improvement projects and not enough tax base to take care of all the projects. He stated the City is not trying to dodge their responsibilities, they are doing everything they can with the budget they have MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS Councilmember Reed stated he would like to see the lighting policy relating to back yards of residents. OTHER BUSINESS Council adjourned into Executive Session under Texas Government Code at 9.06 p m to discuss the following EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1 Section 551 087 - Consultations with City Attorney — Regarding Economic Development Negotiations NEW BUSINESS CONTINUED Council returned from Executive Session at 10 13 p m Council Action — Regarding Economic Development Negotiations. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Reed, to authorize the Pearland Economic Development Corporation to enter into an amended loan agreement with Pearland Economic Development Corporation Prospect No 1600 and also authorize the City to enter into amended tax abatement agreement with Prospect No 1600 Page 11 of 12- 3/14/2016 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore Voting "No" None Motion Passed 5 to 0 ADJOURNMENT Meeting was adjourned at 10 14 p m Minutes approved as submitted and/or corrected this the 11th day of April, A.D , 2016 �(lYh Tom Reid Mayor ATTEST Y g Lodi , y' Secre Page 12 of 12—3/14/2016