2016-08-22 CITY COUNCIL REGULAR MEETING MINUTESL�J
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 22, 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; Roland Garcia Fire Marshal; Michelle Graham
Director of Human Resources; Frankie Legaux City Planner; Chris Orlea Director of Parks
and Recreation; Cynthia Pearson Director of Finance; Vance Riley Fire Chief; Kim Sinistore
Executive Director, Convention/Visitors Bureau; Eric Wilson Public Works Director; Sparkle
Anderson Communications Director; Joel Hardy Grants Coordinator; Skipper Jones
Assistant Director of Capital Projects; Michael Leech Assistant Director of Public Works;
Richard Mancilla Assistant City Engineer; John McCarter Management Assistant; Daniel
McGhinnis Chief Information Officer; Bob Pearce Purchasing Officer; Lawrence Provins
Deputy City Attorney; Johnny Spires Assistant Police Chief.
The invocation was given by Mayor Pro -Tem Moore and the Pledge of Allegiance was let
by Chief of Police J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Leo Walker, 207 W. Heritage Drive, addressed Council inviting everyone to the 3'" Annual
Veterans Day Walk to be held on November 12, 2016 near the Pearland Recreation Center.
The walk will honor our veterans and the funds collected will go to benefit the soldiers
suffering from post -dramatic stress syndrome.
Rebecca Uresti, 5726 Cantu Road, addressed Council stating she is speaking on behalf of
her mother who resides at 5726 Cantu Road. She stated she attended the meeting on May
9, 2016 speaking on flooding issues that have been going on in her mother's area since
2006. As of today nothing has been done to address the flooding issue. The situation is
getting worse.
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Woody Owens, 2117 Country Club Drive, addressed Council stating his concerns regarding
the Special Election to legalize the sale of alcoholic beverages for off -premise consumption
only. '
Angela Howe, 2720 Leroy, addressed Council stating her concerns regarding Bakfish
Brewing Co. and the lack of parking spaces.
Naomi Stevens, 3422 Shadycrest, addressed Council stating she is representing the
Pearland Arts League and would like to invite everyone to the Fusion of the Arts 2016. It
will be on September 10, 2016 at the Reflection Bay Center from 1:00 to 7:00 p.m.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action -Approval of Minutes:
1. Minutes of the July 11, 2016, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action- Second and Final 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 B Texas Plat Records. (Northeast corner
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.
C. Consideration and Possible Action - Resolution No. R2016-153 -
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 through the Texas Association of School Boards (TASB) Buy Board
for the purchase of a shade structure for the Southdown Park playground in the
amount of $67,573.00.
D. Consideration and Possible Action - Resolution No. R2016-140 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the Office
of City Secretary's certification of a Local Option Petition for the legal sale of
alcoholic beverages for off premise consumption only, and accepting the petition ,
into the City's official record.
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E. Consideration and Possible Action - Resolution No. R2016-142 - A
' Resolution and Order of the City Council of the City of Pearland, Texas, ordering
the holding of a Special Election to be held on Tuesday, November 8, 2016, or
the legal sale of all alcoholic beverages for off -premise consumption only.
F. Consideration and Possible Action - Resolution No. R2016-150 -
A Resolution of the City Council of the City of Pearland, Texas, renewing a bid for
water and wastewater testing services to Eastex Environmental Laboratory, Inc.
in the estimated amount of $150,000.00 for the period of September 16, 2016
through September 15, 2017.
G. Consideration and Possible Action - Resolution No. R2016-151 -
A Resolution of the City Council of the City of Pearland, Texas, awarding a unit
cost bid to Lone Star Pavement Services, LLC., for road striping services, in the
estimated amount of $240,000.00, for the period of September 16, 2016 through
September 15, 2017.
City Manager Clay Pearson asked that Consent Agenda Item G be removed to be placed
on a future agenda.
Councilmember Carbone asked that Consent Agenda Items B, C, D, and E be removed
from the Consent Agenda for further discussion.
' Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through F with the exception of Items B, C, D, and E as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Carbone Consent Agenda Item B was removed for further
discussion.
B. Consideration and Possible Action -Second and Final 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 B Texas Plat Records. (Northeast corner
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,
Page 3 of 11 - 8/22/2016
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 Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 2000M-150 on its Second and Final Reading.
City Manager Clay Pearson gave an overview of the revised Planned Development
document and site plan.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the concerns of the residents on how this can be revisited with respect to the
grandfather clause in terms of the overflow parking.
City Attorney Danin Coker stated with respect to the grandfather clause that was referenced
at the last meeting was once the Planned Development is approved the City cannot go back
and change those rights. What can ease the concern of City Council with respect to that is
the rights the applicant is gaining is subject to any rules, regulations regarding the permitting
of food trucks. Permits for the food trucks still have to go through the City, and if the
permitting requirements change for food trucks this will effect this establishment.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None. ,
Motion Passed 6 to 0.
As requested by Councilmember Carbone Consent Agenda Item C was removed for further
discussion.
C. Consideration and Possible Action — Resolution No. R2016-153 —
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 through the Texas Association of School Boards (TASB) Buy Board
for the purchase of a shade structure for the Southdown Park playground in the
amount of $67,573.00.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to approve
Resolution No. R2016-153.
City Manager Clay Pearson reported the requested shade structure is available to the City
through a cooperative purchasing contract awarded by the Texas Association of School
Boards (TASB) BuyBoard program.
Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearson ,
regarding the budget going from $40,000 to $67,573 based on a need to redesign the
structure to meet windstorm guidelines.
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Discussion ensued between Councilmember Carbone, Deputy City Manager Jon Branson
' and Parks and Recreation Director Chris Orlea regarding the Parks account having the
funds in the overall budget for improvements to this facility and the shade structure being a
certain size triggered the increase in funds.
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 D was removed for further
discussion.
D. Consideration and Possible Action — Resolution No. R2016-140 — A
Resolution of the City Council of the City of Pearland, Texas, accepting the Office
of City Secretary's certification of a Local Option Petition for the legal sale of
alcoholic beverages for off premise consumption only, and accepting the petition
into the City's official record.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-140.
' City Manager Clay Pearson reported on June 9, 2016, the City received an application for
a local option petition. The applicant submitted the petitions to the City Secretary's Office
on July 22, 2016 with 10,461 signatures of which 8,004 signatures contained a valid voter's
registration number. In order to comply with the Election Code of the State of Texas, City
Council shall "Order" a Special Local Option Election for "the legal sale of all alcoholic
beverages for off -premise consumption only" by adopting a Resolution.
City Attorney Darrin Coker stated because this was done by a petition, and all the legal
requirements have been met, City Council accepts the certification the City Secretary's
Office is presenting. Once a valid petition has been certified City Council has no choice but
to call an election which will be November 8, 2016.
Councilmember Reed stated he thinks the residents were deceived and they do not want
liquor stores in Pearland.
Councilmember Hill stated Council cannot control it in the Council Chambers, but the
residents can control it by getting out and voting it down.
Discussion ensued between Councilmember Perez and City Attorney Darrin Coker
regarding some Unified Development Code provisions that will address liquor stores in
Pearland.
Page 5 of 11 — 8/22/2016
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
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. R2016-142 - A
Resolution and Order of the City Council of the City of Pearland, Texas, ordering
the holding of a Special Election to be held on Tuesday, November 8, 2016, or
the legal sale of all alcoholic beverages for off -premise consumption only.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to approve
Resolution No. R2016-142.
City Manager Clay Pearson reported Council is being asked to order the holding of a Special
Election to be held on Tuesday, November 8, 2016.
Discussion ensued between Mayor Pro -Tem Moore and City Attorney Darrin Coker
regarding the City cannot asked the entity requesting the petition to share half the cost of
the election.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. ,
Voting "No" None.
Motion Passed 6 to 0.
NEW BUSINESS:
Council Action - Resolution No. R2016-148 - A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into an Amended
Extra Territorial Jurisdiction Agreement with the City Arcola and a supporting Development
Agreement with Charleston C. M. I., LTD.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-148.
City Attorney Darrin Coker gave an overview of why the City will enter into an Amended
Extra Territorial Jurisdiction Agreement with the City of Arcola and a supporting
Development Agreement with Charleston C.M.I., LTD.
Discussion ensued between Mayor Pro -Tem Moore and City Attorney Darrin Coker '
regarding a buffer and commercial property.
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Voting "Aye" Councilmembers Perez, Hill, Moore, Ordeneaux, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. 2000-T-21 - An Ordinance of the City Council of the City
of Pearland, Texas, amending selected provisions 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed, to approve
Ordinance No. 2000-T-21 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the proposed amendments to the Unified Development
Code (UDC).
City Planner Frankie Legaux gave an overview of the updates proposed to the Unified
Development Code (UDC).
Discussion ensued between Councilmember Perez and City Attorney Darrin Coker
regarding doing away with the default zone and tracking the zoning ordinance, and the
' overlay on Manvel Road.
Councilmember Perez stated he would like to see Smoke Shops/Vapor Shops considered
and added to require a Conditional Use Permit (CUP).
City Attorney Darrin Coker stated this would need to be added to an additional Public
Hearing to make that change if it does not already require a CUP.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Perez absent from the Chambers at 7:36 p.m.
Councilmember Perez returned to the Chambers at 7:39 p.m.
Council Action - Resolution No. R2016-152 - 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, in the estimated amount of
$400,000.00, for the period of October 1, 2016 through September 30, 2017.
Councilmember Ordeneaux made the
motion, seconded by
Mayor
Pro -Tem Moore, to
' approve Resolution No. R2016-152.
Page 7 of 11 - 8/22/2016
Assistant City Manager Trent Epperson reported the purpose of requesting City Council
approval of this agreement earlier than last year is to see if Brazoria County could possibly
move up the paving work to earlier in the fiscal year rather than in late summer. A possibility
'
even exists where by the County could elect to perform the City's requested paving prior to
their paving off season in the winter months. A clear schedule is not available at this time,
however one will be provided to the Council once that information becomes available.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding any drainage issues are being addressed prior to any paving work.
Assistant City Manager Trent Epperson stated next month the City should have a signed
contract to bring before Council for approval to do drainage work along Cantu Street.
Councilmember Perez stated his concerns regarding the City's Infrastructure investment
system and the overlay of roads fail after about a year.
Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager Trent
Epperson regarding the restriction of the County accommodating only five miles of road.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
,
Council Action - Resolution No. R2016-149 - A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for the asphalt paving of John Lizer Road and Liberty
Drive to Angel Brothers Enterprises, in the estimated amount of $423,677.00.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-149.
Assistant City Manager Trent Epperson reported Council is being asked for approval of a
construction contract with Angel Brothers Enterprises of Baytown, Texas to perform asphalt
paving services along Liberty Drive from Shady Bend Drive to John Lizer Road and along
John Lizer Road to its intersection with Pearland Parkway.
Voting "Aye" Councilmembers Perez, Hill, Moore, Ordeneaux, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First and Only Reading of Ordinance No. 1497-3 - An Ordinance of the City Council of
the City of Pearland, Texas, establishing school zone speed limits established for vehicles
under the provisions of the Texas Transportation Code (extending certain times and limits),
upon certain streets and highways, of parts thereof, within the corporate limits of the City of
'
Pearland, as set out in this ordinance; and providing a penalty.
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Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 1497-3 on its First and Only Reading.
Assistant City Manager Trent Epperson reported this ordinance establishes the school zone
speed limits within the City. On November 9, 2015, the City Council approved Ordinance
No. 1497-1 amending the school zone speed limits within the City initiated by requests from
Alvin Independent School District. Since that time, in conjunction with the school flasher
replacement plan, staff has made an effort to standardize school zones. The proposed
revisions address a request made by Magnolia Elementary School and new schools in Alvin
Independent School District.
Discussion ensued between Councilmember Perez and Contract Consultant Traffic
Engineering Mark Ingram regarding school zones at Shadow Creek High School.
Councilmember Perez asked over the next year if staff would look at the benefit of extending
the school zone at Shadow Creek High School with respect to the walkers.
Councilmember Reed stated the school zone at Shadow Creek High School will be
extended all the way down Broadway Street.
Councilmember Hill thanked Mark Ingram for working on the school zone speed limits. He
further stated Mark provides a great service to the community.
' Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 5 to 0, with Councilmember Ordeneaux abstaining and absent from the
Chambers at 7:50 p.m.
Councilmember Ordeneaux returned to the Chambers at 8:02 p.m.
Consideration Input and Discussion — Discussion #3, Fiscal Year 2016-2017 Budget.
City Manager Clay Pearson stated Staff wanted to report back to Council regarding the tax
rate for publishing, the General Fund and Debt Service Updates.
Budget Officer Tara Kilpatrick gave an overview of the Certified Property Values, Tax Rate,
General Fund and Debt Service Updates.
Discussion ensued between Councilmember Carbone, Budget Officer Tara Kilpatrick and
City Manager Clay Pearson regarding the tax rate, fund balance, and Police Fleet
Replacement Fund.
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Councilmember Carbone stated at the next scheduled meeting regarding the budget
he would like to have clarification regarding the Addressing Coordinator and Community '
Development Staffing other than seeing a place holder for $200,000.
Councilmember Ordeneaux stated he is glad to see the City is able to add funds to the
sidewalk maintenance. He further stated he likes what he sees and he thanked staff for their
hard work.
Discussion ensued between Councilmember Perez, City Manager Clay Pearson and
Budget Officer Tara Kilpatrick regarding the street and sidewalk maintenance and the place
holder for $200,000 to add staff.
Mayor Pro -Tem Moore stated he likes what he sees regarding the FY 2017 proposed
budget. The funds are being put in the right places.
Larry Marcott, 3606 Inverness Court, addressed Council stating he has seen a lot of
things around the City that are in disrepair. He stated Code Enforcement need additional
staff to be able to cover the whole City.
Councilmember Carbone stated he would like to respond regarding the comments
from Mr. Marcott. He stated looking at the budget he does not see where Code
Enforcement is getting additional staff.
Assistant Fire Chief Roland Garcia stated after looking at the numbers he did not feel '
additional Code Enforcement officers were needed.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the supplemental requests, the positions not funded and the $200,000 to
fill positions.
Councilmember Ordeneaux stated he thinks the City needs more Code Enforcement,
but, he also thinks the City needs more positions in Community Development because that
is where he hears more complaints. He further stated there is probably a lot of things staff
would like to do, but there is not enough funds. When you have limited funds you do
what is most important first.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None
OTHER BUSINESS:
ADJOURNMENT:
Meeting was adjourned at 8:32 p.m.
Page 10 of 11 — 8/22/2016
' Minutes approved as submitted and/or corrected this the 1011 day of October, A).D., 2016.
Tom Reid
Mayor
ATTEST:
Y,dong Lo g, MC
Sec ary
1
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