2016-09-12 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 12, 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 6:37 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;
Paulette Englund Budget Analyst; Trent Epperson Assistant City Manager; Roland Garcia
Fire Marshal; Michelle Graham Director of Human Resource; Lata Krishnarao Director of
' Community Development; Frankie Legaux City Planner; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Kim Sinistore Executive Director of the
ConventionNisitors Bureau; Neelie Walker Budget Analyst; Eric Wilson Public Works;
Sparkle Anderson Communications Director; Joel Hardy Grants Coordinator; Jennifer
Huhn Court Administrator; Skipper Jones Assistant Director of Capital Projects; Michael
Leech Assistant Director of Public Works; Richard Mancilla Interim City Engineer; John
McCarter Management Assistant; Rick Overgaard Assistant Finance Director; Johnny
Spires Assistant Police Chief.
The invocation was given by Councilmember Hill and the Pledge of Allegiance was led
by Chief of Police J.C. Doyle.
Mayor Reid stated this is the 15' year anniversary of 9/11. This is something to keep in
remembrance all those that lost their lives. From that devastation we have become a
better nation under God and should always be proud.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Rushi Patel, 12213 Rosemont Lane, addressed Council stating his concerns regarding
' the water/sewer rates going up for Commercial Businesses.
Page 1 of 20 — 9/12/2016
Larry Maroott, 3606 Inverness Court, addressed Council stating his concerns regarding '
the City Council meeting live stream not working properly.
Carol Artz-Bucek, 6117 Broadway, addressed Council stating her concerns regarding the
water/sewer rates going up for Commercial Businesses.
Woody Owens, 2117 Country Club Drive, addressed Council stating his concerns
regarding the water/sewer rate increase.
Vira Santeilana, 2706 Shakespeare Street, addressed Council stating her concerns
regarding the water/sewer rate increase. She further stated her concern regarding the
sidewalk in front of her house is caved in and unleveled.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the July 25, 2016, Regular Meeting held at 6:30 p.m.
2. Minutes of the August 6, 2016, Special Meeting held at 8:30 a.m.
3. Minutes of the August 8, 2016, Regular Meeting held at 6:30 p.m.
4. Minutes of the August 15, 2016, Special Meeting held at 6:30 p.m. ,
B. Consideration and Possible Action — Second and Final 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.
C. Consideration and Possible Action — The reappointment of Ron
Fraser to Position No. 2, with the term expiring November 1, 2019, and
the reappointment of Mary Hickling to Position No. 5 with the term
expiring November 1, 2019 to serve on the Animal Shelter Advisory
Committee.
D. Consideration and Possible Action — The reappointment of Gary
Lawrence to Position No. 3 with the term expiring November 1, 2021 to
serve on the Building/Fire Code Board of Adjustments.
E. Consideration and Possible Action — Ratify the City Manager's
reappointment of Phil Cessac to Position No. 1 to serve on the Civil
Service Commission for a 3 -year term expiring November 1, 2019. '
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' F. Consideration Input and Discussion — The reappointment of
Manny Patel to Position No. 1 with the term expiring November 1, 2019,
and then reappointment of Gaylynn Nasier to Position No. 2 with the term
expiring November 1, 2019 to serve on the Convention and Visitor's
Bureau Advisory Board.
G. Consideration and Possible Action — The reappointment of Bill Sloan
to Position No. 2, with the term expiring September 30, 2018 and the
reappointment of Ed Baker to Position No. 4 with a term expiring
September 30, 2018 to serve on the Development Authority of Pearland
Board.
H. Consideration and Possible Action — The reappointment of Ron
Bavarian to Position No. 1 with a term expiring November 1, 2018 and
the reappointment of Robert Kettle to Position No. 3 with the term
expiring November 1, 2018 to serve on the Electrical Board.
I. Consideration and Possible Action — The reappointment of Gary
Shiver to Position No. 2 with the term expiring November 1, 2021 to
serve on the Gas and Plumbing Board.
J. Consideration and Possible Action — The reappointment of Crystal
' Carbone to Position No. 2 with the term expiring November 1, 2019 and
the reappointment of Dale Pillow to Position No. 5 with the term expiring
November 1, 2019 to serve on the Library Board.
K. Consideration and Possible Action — The reappointment of Layni
Cade to Position No. 1 with the term expiring November 1, 2019 and the
reappointment of Cheryl Weaver to Position No. 4 with the term expiring
November 1, 2019 to serve on the Parks, Recreation and Beautification
Board.
L. Consideration and Possible Action — The reappointment of Brandon
Dansby to Position No. 2 with the term expiring November 1, 2018, and
the reappointment of Mona Chavarria to Position No. 4 with a term
expiring November 1, 2018 to serve on the Peadand Economic
Development Corporation Board of Directors.
M. Consideration and Possible Action— The reappointment of Mary Starr
to Position No. 1 with the term expiring November 1, 2019, the
reappointment of Troy Pradia to Position No. 4 with the term expiring
November 1, 2019 and the reappointment of Derrell Isenberg to Position
No. 6 with the term expiring November 1, 2019 to serve on the Planning
' and Zoning Commission.
Page 3 of 20 — 9/12/2016
N. Consideration and Possible Action — The reappointment of Herbert '
Fain, Jr, to Position No. 3 with the term expiring November 1, 2018, the
reappointment of Gary Cook to Position No. 4 with the term expiring
November 1, 2018 and the reappointment of Kenneth R. Phillips to
Position No. 5 with the term expiring November 1, 2018 to serve on the
Tax Increment Reinvestment Zone No. 2.
O. Consideration and Possible Action — The reappointment of Dale
Pillow to Position No. 1 with the term expiring November 1, 2018, the
reappointment of Donald Glenn to Position No. 3 with the term expiring
November 1, 2018 and the reappointment of Jessica Anderson to
Position No. Al with the term expiring November 1, 2018 to serve on the
Zoning Board of Adjustments.
P. Consideration and Possible Action — Resolution No. R2016-158 — A
Resolution of The City Council of the City of Pearland, Texas, adopting
an Amended Investment Policy, Investment Strategy and approved
Brokers in accordance with Chapter 2256 of the Government Code
("Public Funds Investment Act").
Q. Consideration and Possible Action — Resolution No. R2016.159 —A
Resolution of the City Council of the City of Pearland, Texas, accepting
the City's Investment Report for the quarter ending June 2016.
R. Consideration and Possible Action — Resolution No. 82016-154 — A '
Resolution of the City Council of the City of Pearland, Texas, renewing
a contract for Fire Department medical screening services with
Memorial -Hermann Medical Group in the estimated amount of
$80,000.00 for the period of September 14, 2016 through September 13,
2017.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through R as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
NEW BUSINESS:
First Reading Ordinance No. 1530 — An Ordinance adopting a tax of $0.6812 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 2016. '
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 1530 on its First Reading.
Page 4 of 20 — 9/12/2016
' City Manager Clay Pearson reported the Tax Code Section 26.05 requires a taxing unit
to adopt its tax rate before September 30th or by the 60t° day after the taxing unit receives
the certified appraisal roll, whichever day is later.
Director of Finance Cynthia Pearson gave a presentation of the Fiscal Year 2016-2017
Proposed Budget and adopting the Tax Rate.
Livia Torres, 3318 Churchill Street, addressed Council stating her concerns regarding the
City's budget book being too large to copy or view, the cost of the studies the City is
conducting, new City positions and purchasing police vehicles. She further stated her
concerns regarding Super Bowl week would not be beneficial to the City.
Ron Mansell, 2707 Laurel Creek Way, addressed Council stating his concerns regarding
the water/sewer rate increase.
Charles McMurry, 5209 Spring Branch Drive, addressed Council stating when the City
talks about money they also talk about the services the City will be able to provide. He
further stated he agrees with the City tax rate, taxes are higher because the appraised
value of property went up. He stated he wants to enjoy the City services and to do that
Council is going to have to approve this tax rate, otherwise the City will not be able to
provide the services that are needed.
' Lisa Hudanich, 2410 Eagles Way, addressed Council stating her job is working with
budgets and forecasts. She further stated her hat is off to Staff and Council for the hard
work they do working on the City budget. She stated her concerns regarding the
water/sewer rate increase and increase in taxes.
Councilmember Perez stated this is not an easy decision. Council has to find a way to
balance how much revenue the City takes in and how much the City spends to provide
the services the residents deserve.
Councilmember Hill stated he likes the ability to reduce the tax rate, but because property
values have increased it will be an increase in what the residents will pay. What is
appealing to see is the amount of debt the City will be able to pay off.
Councilmember Ordeneaux stated he has always said the City needs more revenue to
do the things that need to be done. The City is able to reduce the tax rate and still increase
the revenue.
Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearson
regarding the large budget books.
Mayor Pro -Tem Moore stated regarding the studies the City is conducting will show the
' City areas that need or do not need improvement. The studies can give the City a plan to
work with. He further stated regarding the tax rate, the City needs to bring in more revenue
to be able to give the residents the services they need and deserve.
Page 5 of 20 — 9/12/2016
Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearson '
regarding the purchasing of police vehicles.
Councilmember Reed stated the tax rate will decrease, but the amount the residents will
pay will be more because the property value is going up. He further stated he will be
voting for the tax rate of $0.6812 on each $100 valuation of property.
Councilmember Carbone stated he struggles with the tax rate. It will be the highest
effective tax rate increase in the history of Peadand. He stated regarding the water/sewer
rate increase is going to be tough on businesses. He further stated he thinks going with
the tax rate of $0.6812 is the wrong way to go.
Mayor Reid stated the City has to take in enough revenue to take care of and maintain
capital improvements. It will cost the residents more now or later.
Councilmember Perez gave a brief explanation regarding the budget, funds for capital
improvements, City services, City debt and the tax rate.
Councilmember Ordeneaux stated the correct wording needs to be used in the Tax
motion.
Councilmember Reed made a motion, seconded by Mayor Pro -Tem Moore to adopt the
proposed tax rate of $0.6812 on each $100 valuation of property, a property tax revenue '
increase of 6.670% above the effective tax rate.
Councilmember Carbone stated he would like to be clear regarding going above the roll
back rate is not going to solve all the problems. The original budget staff brought to
Council was at the roll back rate. He stated Council wanted to go higher because we have
political cover to reduce the rate, but still raise revenues to the highest tax increase in the
history of Peadand.
Councilmember Ordeneaux stated let us not use political cover here. He stated he told
the citizens he was going to find the services they wanted. He has still yet to hear what
cuts will be done to get back to the roll back rate.
Councilmember Perez stated it is difficult to come up with a clean answer, and all the
points are valid. When do we actually take care of the issues that are in front of us other
than just saying we are cutting taxes. When will it be ok for us to finally swallow the pill
and say we either lessen the value of our City or we invest in the City's future.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1.
Page 6 of 20 — 9/12/2016
1
' First Reading of Ordinance No. 1529 — An Ordinance appropriation adopting a budget
for the fiscal year beginning October 1, 2016, and ending September 30, 2017, and pay
plans for fiscal year 2017.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed, to approve
Ordinance No. 1529 on its First Reading.
Budget Analyst Paulette Englund gave a presentation on Fiscal Year 2016-2017 Budget
Ordinance and Pay Plans for adoption.
Budget Analyst Neelie Walker presented the Enterprise Fund, Internal Service Funds and
Other Funds by Strategic Priority.
Director of Finance Cynthia Pearson presented Council Discussion Topics:
• Addressing Coordinator
• Motor Pool
• Street Program
• Sidewalk Program
• Facility Maintenance
• Community Development Supplemental Staffing
' • Water/Sewer Fund Grounds Maintenance Contract
• Super Bowl Week in Pearland
Councilmember Carbone stated he is still not convinced that an Addressing Coordinator
position is necessary.
Councilmember Reed stated after talking with the Fire and Police departments they do
not have any issues with addresses. He is not convinced the City needs an Addressing
Coordinator.
Mayor Pro -Tem Moore stated he does not know enough about an Addressing
Coordinator. He has heard the comments Councilmember Perez has made regarding an
Addressing Coordinator and he can see that position may benefit the City, but he is not
completely sold on the position.
Councilmember Ordeneaux stated he is sold on the position, but if it makes everyone feel
better to cut $82,000 he will support Council.
Councilmember Perez stated he has actually done an Addressing Coordinator job and
speaking from experience it is a very demanding and difficult job. City Staff has told
Council the City needs this position. Someone has to do this job, which staff employee is
going to do it.
' Councilmember Hill stated some years ago a retail space was misaddressed, the
business men and women working there were upset and it took a long time to get it fixed.
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He further expressed he fought for years regarding the address for the Pearland Lion's '
Club to get changed. This has been an Issue in the past. He further stated the concern
for him is whether to hire someone full time, or contract it out.
Mayor Reid stated he has had many problems with his house address. Plumbers, phone
companies or any other company can never find his house because of the way it is
addressed. He further stated an Addressing Coordinator would be beneficial to the City.
Councilmember Ordeneaux stated if there is a problem with addresses, they need to be
fixed. Doing the right thing is not always easy. The Mayors address needs to be fixed.
Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager Trent
Epperson regarding the cost of contracting an Address Coordinator.
Fire Marshal Roland Garcia gave several examples of problem addresses around the
City.
Assistant City Manager Trent Epperson stated one of the first things this position would
be charged with is to establish a list of Address Standards.
Councilmember Hill stated from the way it sounds there are many address issues and
maybe we need to push forward with this position.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to remove '
the Addressing Coordinator position from the budget.
Voting "Aye" Councilmembers Carbone and Reed.
Voting "No" Councilmembers Moore, Ordeneaux, Hill, and Perez.
Motion Failed 4 to 2.
City Manager Clay Pearson gave an overview of the Motor Pool.
Discussion ensued between Councilmember Carbone and Director of Finance Cynthia
Pearson regarding the meaning of replacement vehicles, motor pool, rolling stock and
tractors.
Councilmember Carbone stated he was not opposed to the idea when the consultant
discussed the financial impact of take home fleet vehicles, but he is having heart burn
when being told it was Police department fleet and now it is rolling stock.
Mayor Pro -Tem Moore stated he agrees with Councilmember Carbone. We need to be
consistent with what we are saying and doing. '
Page 8 of 20 — 9/1212016
' Discussion ensued between Councilmembers Ordeneaux, Hill and City Manager Clay
Pearson regarding what has changed from Police Department fleet to what the City is
actually purchasing.
Councilmember Perez stated this is somewhat confusing. He does think developing a
Fleet Fund to be able to pay as you go is a good investment.
Councilmember Carbone stated he is in favor of the Police Department fleet for $225,000
which was presented originally on August 22, 2016.
Councilmember Reed made the motion, seconded by Councilmember Carbone to keep
the $225,000 in the budget but to designate it to the Police Department fleet vehicle fund.
Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
City Manager Clay Pearson gave an overview of the Street and Sidewalk Program.
Discussion ensued between Councilmember Hill, Assistant City Manager Trent Epperson
' and City Manager Clay Pearson regarding $1,729,272 for the Street and Sidewalk
Program.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore to
keep the $1,729,272 for Street and Sidewalk Program in the budget.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Carbone, and Moore.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chamber at 9:05 p.m.
Councilmember Reed returned to the Chamber at 9:10 p.m.
City Manager Clay Pearson gave an overview of the Facility Maintenance.
Discussion ensued between Councilmembers Carbone, Ordeneaux and Assistant City
Manager Trent Epperson regarding Fire Station #1 and the ongoing sewer line plumbing
issues.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Perez to leave
' the Facility Maintenance as is in the budget.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Page 9 of 20 — 9/12/2016
Voting "No" None. '
Motion Passed 6 to 0.
City Manager Clay Pearson gave an overview of the Community Development
Supplemental Staffing.
Discussion ensued between Councilmember Carbone and President of Pearland
Economic Development Corporation Matt Buchanan regarding saving on contracted
services and temporary positions.
Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearson
regarding the difference between hiring one full-time position or two part-time positions.
Councilmember Perez stated the City needs to start investing in this department and
solve the turnover issue.
Councilmember Ordeneaux stated out of every five complaints he receives two to three
are regarding Community Development. He further stated he thinks a large problem is
staffing. He stated he has compared Pearland to other City's that are close in population
and they have more staffing in Community Development than Pearland. This budget
amount does not come close to meeting the needs in Community Development.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Perez to leave '
the Community Development Supplemental Staffing in the budget.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1.
Assistant City Manager Trent Epperson gave an overview of the Water/Sewer Fund
Grounds Maintenance Contract.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding moving Water/Sewer ground maintenance to contract mowing and
Water/Sewer salary and wages decrease.
Councilmember Carbone stated to pay $200,000 to mow around Water/Sewer Plants is
a lot of money. Is there a standard for mowing the Water/Sewer Plants.
Director of Public Works Eric Wilson stated there are statutory requirements by the Texas
Commission on Environmental Quality (TCEQ) regarding mowing and maintenance of '
the Water/Sewer Plants because of health and safety issues. The City has five
Wastewater Treatment Plants that varies from five to fifteen in acreage. He further stated
Page 10 of 20 — 9/12/2016
' seventy four lift stations and thirteen water facilities that are large in size.
Discussion ensued between Council and Assistant City Manager Trent Epperson
regarding contract mowing verses employee mowing.
Councilmember Reed stated he would not be able to vote on this without more information
and to see a better breakdown.
Councilmember Carbone stated he does not see any kind of a savings. He could not vote
at this time unless a savings, justification and details are provided by the next reading.
Councilmember Perez stated he agrees, he cannot see where there is a savings.
Councilmember Ordeneaux stated these meetings started in August 2016. These
numbers were in the first budget presented. Why was these details not asked for back in
August.
Councilmember Carbone stated this is the first time the public has been able to see the
memos that were provided to Council by staff. He further stated this is the first logical
presentation that has been captured in a way for Council to address in an orderly fashion.
Councilmember Ordeneaux stated he would suggest to the public to listen to the
' Workshop audios. He further stated at the first Workshop he asked Council to start this
process what would Council like to cut from the budget and there was not a word spoken.
Councilmember Carbone made the motion, seconded by Councilmember Reed to
remove the Water/Sewer Fund Ground Maintenance Contract.
Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
City Manager Clay Pearson gave an overview of the Super Bowl Week in Pearland.
Councilmember Reed stated he has not seen any support from the local Hotel owners.
He further stated he knows the Hotel Occupancy Tax is what will be funding the Super
Bowl Week, but he thinks there is something better to use these funds to draw people to
Pearland. Right now he cannot see keeping this in the budget.
Discussion ensued between Councilmember Hill and Deputy City Manager Jon Branson
regarding a breakdown of the Hotel/Motel Occupancy Tax and the Parks Donation Fund.
Page 11 of 20 — 9/12/2016
Councilmember Carbone stated he is ok with removing the funds for the second day of '
Winterfest. He further stated he does not understand how running a shuttle up and down
FM 518 will get more people to stay in hotels.
Mayor Pro -Tem Moore stated the City of Houston will be offering so many events during
Super Bowl Week that people will be staying in Houston because that is where all the
action will be. He further stated the Convention/Visitors Bureau does a great job, he does
not want his vote to reflect upon that.
Executive Director, Convention/Visitors Bureau Kim Sinistore explained having the Super
Bowl Week in Pearland will bring in additional hotel/motel occupancy tax, sales tax, and
event revenues by encouraging visitors to frequent Pearland's restaurants, shopping and
entertainment.
Councilmember Ordeneaux stated he trusts the Convention/Visitors Bureau Advisory
Board. Most of the members are hotel owners and they are recommending to do this. He
further stated because of the lack of taxi service for some of the hotels he does not want
to see the shuttle transportation portion cut from the budget.
Councilmember Hill stated he does not think the Winterfest portion would be beneficial to
the City, but he does think the shuttle bus would be a wise investment for the City.
Councilmember Perez stated he does not think the second day of Winterfest would be a '
good investment for the City. He further stated you have to spend money to make money
and that is what the Hotel Occupancy Tax is meant for.
Councilmember Reed made the motion, seconded by Councilmember Hill to accept the
Super Bowl Week in Pearland with the deduction of $72,000 for Winterfest.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Hill, and Perez.
Voting "No" Mayor Pro -Tem Moore.
Motion Passed 5 to 1.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to table New
Business Item No. 2, Ordinance No. 1529 and move to New Business Item No. 7,
Resolution No. R2016-165.
Voting "Aye" Councilmembers Reed, Moore, Hill, and Perez.
Voting "No" Councilmembers Carbone and Ordeneaux.
Motion Passed 4 to 2.
Page 12 of 20 — 9/12/2016
' Mayor Reid called for a recess at 10:06 p.m.
Mayor Reid called the meeting back to order at 10:16 p.m.
Council Action - Resolution No. R2016-165 - A Resolution of The City Council of the
City of Pearland, requesting positive consideration, by the trustees of Fort Bend
Independent School District (FBISD) and the Alvin Independent School District (AISD), of
a petition submitted by the residents located in the FBISD portion of Shadow Creek Ranch
requesting to be disannexed from the FBISD boundaries and annexed into the AISD
boundaries.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
Resolution No, R2016-165.
City Manager Clay Pearson reported City Council requested drafting of a resolution for
consideration to support the efforts of Pearland residents seeking to detach from Fort
Bend Independent School District and instead to be annexed to the Alvin Independent
School District, which is contiguous.
Councilmember Hill stated Alvin Independent School District members have concerns
regarding the growth of Alvin ISD that could further prohibit them from a bond capacity
' standpoint of accepting future bonds. He further stated he is not sure if this is the proper
time to vote on this. He suggested postpone the resolution to the next Council meeting.
Councilmember Perez stated he does not think Council is prepared to make this
resolution at this time and should postpone it.
Councilmember Ordeneaux stated he does not want anyone to think if this passes it is
going to change a whole lot. This would be good for Shadow Creek Ranch development
for it all to be in the Alvin Independent School District. He stated he wished the City could
do something more to help the Realtors to express the information to buyers when
purchasing a home regarding what school district they are in. He does not like one
government telling another government what to do. He supports reducing the number of
school districts within the City limits.
Mayor Pro -Tem Moore stated he agrees that it would be a good thing for Shadow Creek
Ranch to be part of Alvin Independent School District. It is not a decision that City Council
should be making. It should be Alvin and Fort Bend Independent School Districts making
the decision. He is not opposed to making a resolution, but he needs more information
from Alvin and Fort Bend ISD.
Councilmember Reed stated a resolution after the fact serves no purpose what so ever.
He agrees with Councilmember Ordeneaux regarding the City should not direct the school
districts on how to do their job. What he is saying is these are Pearland residents and
Council supports our residents. He stated the resolution should state only that Pearland
Page 13 of 20 - 9/12/2016
City Council supports them in their efforts. The decision should be between Alvin and Fort '
Bend Independent School Districts.
Councilmember Carbone stated he cannot say he is for or against it. He further stated for
tonight the wise thing to do is to postpone the resolution.
Councilmember Carbone made the motion, seconded by Councilmember Reed to
postpone Resolution R2016-165 to change the language to the next Regular Council
meeting, September 19, 2016.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Mayor Reid returned to New Business Item No. 2, Ordinance No. 1529.
First Reading of Ordinance No. 1529 —An Ordinance appropriation adopting a budget
for the fiscal year beginning October 1, 2016, and ending September 30, 2017, and pay
plans for fiscal year 2017.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to '
remove New Business Item No. 2, Ordinance No.1529 from the table.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding when Council will receive a revised budget document.
City Attorney Damn Coker stated when Council started Item No. 2 there was a motion
and second to approve the budget as presented. Council went through the seven items
one at a time to get a feel how Council felt as a whole on each item. What needs to be
done now is to incorporate those actions that took place into the original motion.
Councilmember Perez stated since the budget is being discussed at this time can some
funds be allocated to Woodcreek Park.
Director of Parks and Recreation Chris Orlea stated the funds are there in the capacity
that they are allocated thru the Capital Improvement Plan (CIP) documents. '
Page 14 of 20 — 9/12/2016
' -City Attorney Darrin Coker stated Woodcreek Park is scheduled to be discussed with
Council on October 10, 2016, Regular Council meeting Executive Session.
Councilmember Carbone stated Council should wait on this and discuss it on October 10,
2016 in Executive Session and if need be make an amendment to the motion at that time.
Councilmember Perez agreed to wait and discuss the Woodcreek Park project in
Executive Session on October 10, 2016.
Councilmember Ordeneaux made the motion, seconded by Councilmember Perez, to
amend the motion to reflect the three changes Council made to the proposed budget. The
three items are to designate $225,000 to specially be for the Fleet Police Department, to
remove the Water/Sewer Fund Ground Maintenance Contract and the reduction of the
Super Bowl funds by $72,000.
Mayor Reid called for the vote to amend the motion.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmembers Carbone and Reed.
Motion Passed 4 to 2.
' Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, and Reed
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1
First Reading of Ordinance No. 1358-14 - 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 Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Ordinance No. 1358-14 on its First Reading.
City Manager Clay Pearson reported annually, as part of the budget process, City staff
makes necessary additions and/or changes in fees in order to cover the cost of service
being provided as well as conduct a rate analysis as part of the water/sewer rate model.
' Budget Analyst Neelie Walker gave an overview of the Fee changes discussed as part of
the budget process in budget workshops held in August and September 2016.
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Councilmember Perez stated this is a complex item. The money the residents pay for '
water service is used to build the Wastewater Treatment Plants, replace and/or install
water and sewer lines, and maintenance to keep everything working properly. He further
stated from 2009 to 2014 rates did not go up, but the expenses to maintain everything did
go up. He stated the City can continue to be in debt or try to get it close to a balance
budget. He further stated he would struggle to go against the rate model Council has
already approved, against what we know already works.
Councilmember Carbone stated the issue is a 15.6% increase. The residents are going
to see a 6% increase. The makeup of that is going to be on the commercial side. Are we
comfortable with this rate structure where businesses are subsidizing residential.
Councilmember Hill stated he is not opposed to looking at other scenario's so the
businesses are not subsidizing residential. It does help the residents, but it does not help
the businesses.
Councilmember Ordeneaux stated people are moving to Texas every day and there is a
certain amount of water. Water will get more expensive, it is the second highest utility.
Right now we are shifting the burden onto businesses by a base charge on the meter
itself. Do we want to attempt through water rates to get conservation so we do not need
as much water so the overall cost to the City is reduced. He stated if that is the way to go
he does not think the base charge is the way. He thinks the increase on the actual water '
used is the way to go. People will start reducing the amount of water they are using
because of the cost.
Mayor Pro -Tem Moore stated he does struggle some regarding most of the cost going to
commercial. He stated he would like to keep the residential rate flat, no increase or
decrease. Try to add the difference to the meter structure on the commercial side to cut
them somewhat of a break.
Councilmember Reed stated regarding the rate increase he wanted it to be less of an
impact on the residents, however he did not took at the impact it would have on
commercial. He agrees with not putting so much pressure on commercial. He would like
to see another plan that would not put so much pressure on residents or commercial.
Councilmember Carbone stated he agrees with Councilmember Ordeneaux regarding if
it is Council's intent to conserve water, raise the rate on actual water used. If your water
bill is high, you will stop using as much water. He likes moving more towards volumetric
water usage and to soften it some for commercial businesses.
Assistant City Manager Trent Epperson stated when looking at the rate structure it was
not to shift the burden from one area to another, but to allocate the cost as the system
operates to where the cost most actually falls. It is the calculation of the additional capacity
required for the overall system based on the meter size. Staff looked to shift a little more '
of the rates into the base part of the rate because the majority of the expenditures are fix
it expenditures. Staff tried to align more of the base cost to the fix cost. To look at more
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' of a conservation rate by volumetric water usage is typically looked at more on the
residential side than commercial, because commercial is going to use what they need to
use.
Councilmember Ordeneaux stated what he would like to see an increase per gallon of
water used on the residential side across the board. A rate increase that could help offset
the base charge increase. He truly believes in the long term it is how the City will get
conservation of water which he thinks in his life time will be a major issue.
Councilmember Carbone stated let us hammer out commercial verses residential. The
average resident will have a 6.3% increase and with the overall fund revenue increasing
15.6% which is pushing the bulk onto the commercial side. The question he has is are we
comfortable taking the 15.6% increase across the board.
Councilmember Reed stated he would like to see the water stay flat for residential, a
revised cost allocation to base charge and transition to base charge scaled up by meter
size and to see less of an impact on commercial. He further stated he would like to see
what the cost would be for a 3" in respect to meter size.
Assistant City Manager Trent Epperson stated staff will bring back a scenario showing
the base rates calculated on volumetric capacity of the meter. A revised cost allocation to
base charge and a more prevalent industry practice; AW WA capacity factors.
Councilmember Carbone made the motion, seconded by Councilmember Perez, to
postpone Ordinance No. 1358-14 to the next Regular Council meeting, September 19,
2016.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. CUP 2016-05 — An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a
Hotel/Motel in the Business Park District— 288 (BP -288) zone, being 14.286 acres of
land out of Lots 6 and 7 of a subdivision in the James Hamilton Survey, Abstract 881, in
Harris County, Texas according to the map or plat thereof recorded in Volume 83, Page
342 of the deed records of Harris County, Texas and being that same tract of land
conveyed to Nova Strategic Solutions Ltd., as described in deed recorded under County
Clerk's File #Z357162 of the real property records of Harris County, Texas. (Located at
SH 288, north of 1111 Freeway 288, Pearland, TX.) Conditional Use Permit Application
' No. 2016-05, within the Business Park District — 288 (BP -288) zoning district, at the
request of Nirmal Gandhi, applicant; on behalf of Ajay and Madhu Jain Living Trust,
owner, containing a savings clause, a severability clause, and an effective date and other
Page 17 of 20 — 9/12/2016
provisions related to the subject. '
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. CUP 2016-05 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of the Conditional Use Permit Application No. 2016-05.
Director of Community Development Lata Krishnarao gave an overview of the requested
Conditional Use Permit.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Hill, and Perez.
Voting "No" Mayor Pro -Tem Moore.
Motion Passed 5 to 1.
Council Action — Resolution No. R2016-157 — 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 Halif Associates, Inc., in the amount of $337,075.00, for professional
services associated with the Corrigan Ditch Sub -Basin of the Mary's Creek Drainage
Improvement Project.
Councilmember Perez made the motion, seconded by Councilmember Carbone, to ,
approve Resolution No. R2016-157.
City Manager Clay Pearson reported a preliminary Engineering Report for a portion of the
Corrigan Ditch drainage area located along Wagon Trail Road, between Broadway Street
and Mary's Creek was completed in May of 2016. This project was identified based on
historical as well as recent flooding in 2015 and 2016 including citizen complaints about
recurring flooding in the area.
Councilmember Carbone stated he is happy to see this is being taken care of.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. R2016-164 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Reimbursement and Maintenance Agreement between the City and the Pearland
Economic Development Corporation and an Interlocal Agreement between the City, '
Brazoria County, and Pearland Municipal Management District No.2 associated with the
SH 288 Corridor Hardscape Enhancements Project.
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' Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to
approve Resolution No. R2016-164.
President of Pearland Economic Development Corporation Matt Buchanan gave a
presentation on the SH 288 Corridor Hardscape Enhancements Project.
Discussion ensued between Councilmember Reed and President of Pearland Economic
Development Corporation Matt Buchanan regarding the feeder road near the intersection
of FM 518 and SH 288 is not included.
Councilmember Ordeneaux stated he has concerns regarding the brick pavers, because
throughout the City he has seen some issues with the brick pavers.
Discussion ensued between Councilmember Carbone and President of Pearland
Economic Development Corporation Matt Buchanan regarding most of the maintenance
will be done by the Municipal Management District.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez
Voting "No" None.
' Motion Passed 6 to 0.
First Reading of Ordinance No. 1404-02 —An Ordinance of the City Council of the City
of Pearland, Texas, amending Section 18-11 of Chapter 18; Municipal Court, of the City
of Pearland Code of Ordinances as it applies to the juvenile case manager fee; providing
a repealing clause, a saving clause and severability clause and providing for codification.
11
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1404-02 on its First Reading.
City Manager Clay Pearson reported to meet the staffing costs to provide the Juvenile
Case Manager and the Teen Court Program, additional revenues are required to cover
the cost. This is in keeping with Fiscally Responsible Strategic Priority.
Voting "Aye" Councilmembers Perez, Hill, Moore, Ordeneaux, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Page 19 of 20 — 9/12/2016
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None. '
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 12:17 p.m.
Minutes approved as submitted and/or corrected this the 261hday of November, A.D.,
2016.
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Tom Reid
Mayor
ATTEST:
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