2016-08-08 CITY COUNCIL REGULAR MEETING MINUTESI
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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 8, 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
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
Councilmember
Trent Perez
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; Kevin Byal Building Official; J.C. Doyle Police Chief;
Trent Epperson Assistant City Manager; Michelle Graham Director of Human Resource;
Lata Krishnarao Director of Community Development; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Sue Polka Director of Engineering; Vance
Riley Fire Chief; Kim Sinistore Executive Director of the Convention/Visitors Bureau; Eric
Wilson Public Works Director; Sparkle Anderson Communications Manager; Joel Hardy
Grants Coordinator; 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.
The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by
Chief of Police J.0 Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Andrew Miller, 5800 Magnolia Street, addressed Council and presented the annual report
of Keep Pearland Beautiful. He invited everyone that would like to attend the Open House
and Volunteer Appreciation, August 16, 2016 from 6-8 p.m. at the Stella Roberts Recycle
Center.
PUBLIC HEARING: None.
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CONSENT AGENDA:
A.
Consideration and Possible Action — Excuse the absence of
Councilmember Greg Hill from the Regular Council Meeting held on July
'
25, 2016.
B.
Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-148 — 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 a 16.305 acre tract in Section 16 of the H.T. & B. RR
Co. Survey, Abstract 546, Brazoria County, Texas. Said tract is part of a 15
acre tract of land described in a deed to Marvin Wayne Smith as recorded
under Brazoria County Clerk's File No. 85197 113, and part of a 3.00 acre
tract described in a deed to Marvin Wayne Smith as recorded under
Brazoria County Clerk's File No. 85197 105. (Located at 3546 & 3618
Harkey Road, Pearland, TX.) Zone Change Application No. ZONE 16-
00004, A request of Chad Thumann, R. West Development, applicant, on
behalf of Patrick Tagtow, owner; for approval of a change in zoning from the
Single Family Residential -1 (R-1) zoning district to a Single Family
Residential -3 (R-3) zoning district; on approximately 16.305 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 — Resolution No. R2016-105 — A
'
Resolution of the City Council of the City of Pearland, Texas, amending a
fixed unit rate contract for building plan review and inspection services with
MiKayla Architects, in the estimated amount of an additional $50,000.
D.
Consideration and Possible Action — Resolution No. R2016-139 —
A Resolution of the City Council of the City of Pearland, Texas, accepting
the 2015 annual report for Tax Increment Reinvestment Zone #2.
E.
Consideration and Possible Action — Resolution No. R2016-137 — A
Resolution of the City Council for the City of Pearland, approving employee
ancillary benefits for Employee Life Insurance, Accidental Death and
Dismemberment, and Long Term Disability to Symetra, in the estimated
amount of $84,109, for fiscal year 2016-2017.
F.
Consideration and Possible Action — Resolution No. R2016-145 — 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 paving services along Smith Ranch Road in the
estimated amount of $42,247.
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Mayor Pro -Tem Moore asked that Consent Agenda Item C be removed from the Consent
Agenda for further discussion.
' Councilmember Carbone asked that Consent Agenda Item E be removed from the Consent
Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Hill, to adopt
Consent Agenda Items A through F with the exception of Items C and E as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Moore Consent Agenda Item C was removed for further
discussion.
C. Consideration and Possible Action — Resolution No. R2016-105 — A
Resolution of the City Council of the City of Pearland, Texas, amending a
' fixed unit rate contract for building plan review and inspection services with
MiKayla Architects, in the estimated amount of an additional $50,000.
Councilmember Carbone made the motion, seconded by Councilmember Reed to approve
Resolution No. R2016-105.
City Manager Clay Pearson reported the current contract with Mikayla Architects began in
May 2015 and will expire in September 2016. Staff is requesting the third amendment to the
contract to increase the amount from $220,000 to $270,000. The week of July 18, 2016, a
building inspector tendered his resignation. As a result of this and considering the busy
summer construction months, it will be necessary to amend the contract again in order to
be able to meet the inspection workload for this vacant position.
Building Official Kevin Byal presented a detailed report on the building plan review and
inspection services with Mikayla Architects.
Councilmember Perez stated he has concerns regarding the rate amount for building plan
review and inspection services with Mikayla Architects.
Discussion ensued between Mayor Pro -Tem Moore, Building Official Kevin Byal and City
Manager Clay Pearson regarding the reasonable amount of inspections an Inspector is
asked to do a day.
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Mayor Pro -Tem Moore stated his concern if the Inspectors are not getting as many
inspections as they should. When the contract with Mikayla Architects ends it may be in the
City's best interest to hire more inspectors. '
Councilmember Ordeneaux stated this will get the City through this budget year and then
the City can look at re -bidding the contract.
Discussion ensued between Councilmember Hill and Building Official Kevin Byal regarding
the extension of the contract with Mikayla Architects.
Councilmember Carbone thanked Building Official Kevin Byal and his department for the
work they do. He stated after hearing the concerns he is glad the City will be going out for
bids when the contract with Mikayla Architects has expired.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
As requested by Councilmember Carbone Consent Agenda Item E was removed for further
discussion.
E. Consideration and Possible Action - Resolution No. R2016-137 - A '
Resolution of the City Council for the City of Pearland, approving employee
ancillary benefits for Employee Life Insurance, Accidental Death and
Dismemberment, and Long Term Disability to Symetra, in the estimated
amount of $84,109, for fiscal year 2016-2017.
Councilmember Carbone made the motion, seconded by Councilmember Perez, to approve
Resolution No. R2016-137.
City Manager Clay Pearson reported after reviewing the proposals and IPS negotiating for
best and final offer, it is recommended that a carrier change from Lincoln Financial to
Symetra occur for the 2016 -2017 fiscal year. Symetra has substantially matched the City's
current benefit levels and Symetra's financial proposal represents a 1.3% decrease to
current employer costs. Optional employee paid life rates will remain at current levels with
Symetra and rates will be guaranteed for 3 years.
Discussion ensued between Councilmember Carbone, Director of Human Resource
Michelle Graham and IPS Representative Brian Wilson regarding the process to arrive with
the submitted recommendation.
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Voting "Aye" Councilmembers Perez, Ordeneaux, Moore, and Reed.
Voting "No" Councilmembers Hill and Carbone.
' Motion Passed 4 to 2.
NEW BUSINESS:
First Reading of Ordinance No. 2000M -150 -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 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. (Northeast comer of Broadway and
Shauntel Streets, Pearland, TX.) Zone Change Application No. ZONE 16-00009, a request
of Kris Szecsy applicant, on behalf of George Gartner, owner; for approval of a an
amendment to the Balks Brewery PD to change the name to Bakfish Brewing Co. PD
and to allow a maximum of two concessionaires from outside vendors during
operating hours of the brewery; on approximately 2.939 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 Reed made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 2000M-150 on its First Reading as amended.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change 16-00009.
Angela Howe, 2720 Leroy, addressed Council presenting a petition and stating her
concerns against zone change No. 16-00009 Bakfish Brewing.
Director of Community Development Lata Krishnarao gave an overview of the requested
zone change.
Discussion ensued between Mayor Pro -Tem Moore and Director of Community
Development Lata Krishnarao regarding the amount of buffer between residential and the
business.
Councilmember Ordeneaux stated he does not see anyway the City can require additional
parking. There are several restaurants in Pearland that have occasional overflow parking
onto residential. To penalize a business above and beyond the City's Code for being
successful, he cannot support that.
Councilmember Reed stated he thinks the real issue is if the City wants to put no parking
signs on Shauntel Street.
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Councilmember Hill stated he thinks the overflow parking issues can be worked out at a
later date by possibly putting up signs.
Discussion ensued between Councilmembers and the applicant Kris Szecsy, regarding the '
recommendations presented by Planning & Zoning and Staff.
City Attorney Darrin Coker stated the City cannot build contingencies into a Planned
Development (PD).
Councilmember Perez stated Council could improve the Planned Development (PD) and
then by some other instrument require the parking to be monitored to see how much of a
nuisance this is to the neighbors. If it is a too much of a nuisance the City could put into the
PD a condition.
City Attorney Darrin Coker stated accept for the fact that they have been grandfathered in
with the Planned Development (PD) that was approved.
Councilmember Ordeneaux stated he cannot support that unless it is done to every
business that has overflow parking.
Councilmember Reed stated this is two different issues. The ordinance tonight is asking to
allow two food trucks. The parking issue will need to be addressed later.
Councilmember Ordeneaux made the motion, seconded by Councilmember Reed to amend
the motion on the first reading to include Staffs recommendations. '
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-141 — A Resolution of the City of Pearland, Texas,
authorizing the issuance of the Pearland Economic Development Corporation Sales Tax
Revenue Refunding Bonds, Series 2016; authorizing a Sales Tax Remittance Agreement;
authorizing a continuing disclosure undertaking in connection with such bonds; and making
various findings and provisions related to the subjects.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve '
Resolution No. R2016-141.
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BOSC, Inc. Financial Advisor John Robuck gave an overview of the issuance of the
' Pearland Economic Development Corporation Sales Tax Revenue Refunding Bonds,
Series 2016.
Discussion ensued between Councilmember Carbone, Financial Advisor John Robuck and
President of Economic Development Corporation Matt Buchanan regarding the fund
balance, and setting aside ten percent of the annual sales tax for fiscal year 2016/2017.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-136 — A Resolution of the City Council of the City
of Pearland, Texas, approving the U. S. Department of Housing and Urban Development
Community Development Block Grant Program year 2016ffiscal year 2017 Annual Action
Plan.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Resolution No. R2016-138.
City Manager Clay Pearson reported Council is being asked to approve the City's 10u'
' Annual Action Plan, for submission to the U.S. Department of Housing and Urban
Development Community Development Block Grant Program — Program Year 2016, Fiscal
Year 2017.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-136 — A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for the construction of the Industrial Drive at SH 35
Realignment and Intersection Improvements Project to Excel Paving & Construction
Company, in the amount of $745,192.00.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2016-136.
City Manager Clay Pearson reported Council is being asked to approve a construction
contract with Excel Paving & Construction Company for the Industrial Drive at SH 35
Realignment and Intersection Improvements Project in the amount of $745,192.
' Discussion ensued between Councilmember Carbone and Assistant Director of Capital
Projects Skipper Jones regarding the only bid received for this project.
Page 7 of 9 — 8/8/2016
Councilmember Perez stated he is glad to see the City moving forward with this project.
There has been several accidents in that area.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. '
Voting "No" None.
Motion Passed 6 to 0
Council Action - Resolution No. R2016-144 -A Resolution of the City Council of the City
of Pearland, Texas, approving a revised funding assistance application to the Texas Water
Development Board, Drinking Water State Revolving Fund (DWSRF) program; for the
preliminary design, pilot testing, final design, and first phase (10 MGD) construction of a
Surface Water Treatment Plant and associated water conveyance infrastructure and a water
meter change out/replacement program in the amount of $159.5 million.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-144.
Assistant City Manager Trent Epperson reported that this is a revised funding assistance
application to the Texas Water Development Board Drinking Water State Revolving Fund
(DWSRF) for the costs associated with the preliminary design, pilot testing, final design,
and construction of the first phase Surface Water Treatment plant, associated water
conveyance infrastructure and a water meter change out/replacement program in the '
amount of $159.5 million.
Discussion ensued between Councilmember Carbone, Director of Public Works Eric Wilson
and Assistant City Manager Trent Epperson regarding the Capital Improvement Plan (CIP)
and the lifespan of a water meter.
Discussion ensued between Mayor Pro -Tem Moore and Director of Public Works Eric
Wilson regarding the amount of water taken in by the City.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Mayor Pro -Tem Moore requested the parking issue at Bakfish Brewing and surrounding
neighborhood.
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Councilmember Reed requested the Traffic Committee bring back to Council some possible
solutions regarding the parking issue at Bakfish Brewing and surrounding neighborhood. He
further requested the City adopt a Resolution showing the City/Council supports Fort Bend/
Shadow Creek Ranch and their efforts to combine with Alvin Independent School District.
Councilmember Carbone stated an item to note for Staff is to look at the City's Unified
Development Code (UDC) to revisit Brewing parking requirements. It will not affect anything
currently that is grandfathered in, but it may solve some issues going forward. He stated he
would be interested in looking at crushed concrete for more parking at the Bakfish Brewing.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 8:13 p.m.
Minutes approved as submitted and/or corrected this the 121h day of September, A.D., 2016.
RLJ
Tom Reid
' Mayor
ATTEST:
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