2016-09-19 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 19, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Gary Moore
Tony Carbone
Derrick Reed
Keith Ordeneaux
Greg Hill
Trent Perez
Clay Pearson
Darrin Coker
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;
Chris Orlea Director of Parks and Recreation; Cynthia Pearson Director of Finance;
Vance Riley Fire Chief; Kim Sinistore Executive Director of the Convention/Visitors
Bureau; Neelie Walker Budget Analyst; Eric Wilson Public Works; Sparkle Anderson
Communications Director; Joel Hardy Grants Coordinator; Michael Leech Assistant
Director of Public Works; Daniel McGhinnis Chief Information Officer; Rick Overgaard
Assistant Finance Director; Bob Pearce Purchasing Office; Lawrence Provins Deputy City
Attorney.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance was
led by Chief of Police J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Brazoria County Commissioner Stacy Adams, 3301 Jacquelyn Street, addressed Council
thanking the City for the great partnership with Keep Pearland Beautiful and the Recycle
Center. He stated it means a lot to the Brazoria County residents to have a place to bring
their items that can be recycled. He also thanked Deputy City Manager Jon Branson for
his assistance regarding the partnership.
Brazoria County Commissioner Ryan Cade, 620 Rick Bailey Road, addressed Council
' thanking the City for the partnership and the many different ways the City works with
Brazoria County. He further stated what makes this great is the City and County can work
together on behalf of the residents.
Page 1 of 11 — 9/19/2016
Mayor Reid stated there are four Brazoria County Commissioners, three of the '
Commissioners serve Pearland. Stacy Adams and Ryan Cade are two of the three
Brazoria County Commissioners that serve Pearland. Commissioner Adams serves
central and east sides of Pearland, City of Brookside, Hill Crest Village and Alvin, Texas.
Commissioner Cade serves east of SH 288, and south thru Silverlake and Silvercreek, the
west central part of Pearland.
Vicky Smith, 2324 Da Vinci Drive, addressed Council stating her concerns regarding the
City's financials, water/sewer rates and the tax rate.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the September 6, 2016, Public Hearing held at 6:30 p.m.
2. Minutes of the September 6, 2016, Special Meeting held at 6:45
p.m.
B.
Consideration and Possible Action — Second and Final 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 managerfee; providing a repealing clause, a saving clause
and severability clause and providing for codification.
C
Consideration and Possible Action — Resolution No. R2016-168 —A
Resolution of the City Council of the City of Pearland, Texas, deducting
uncollectable amounts of $7,568.78 in outstanding Utility accounts from
the City's Financial Statement.
D.
Consideration and Possible Action — Resolution No. R2016-161 — 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 19, 2016 through September 18, 2017.
E.
Consideration and Possible Action — Resolution No. R2016-161 — A
Resolution of the City Council of the City of Pearland, Texas, renewing
a unit supply contract for school zone flasher systems to Southwest
Signal Supply, Inc. in the estimated amount of $ 50,000.00 for the period
of October 1, 2016 through September 30, 2017.
'
Page 2 of 11 — 9/19/2016
F. Consideration and Possible Action — Resolution No. R2016-170 — A
Resolution of the City Council of the City of Pearland, Texas,
establishing the Council Meeting times and dates for 2017.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through F 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:
Council Action — Resolution No. R2016-165 — A Resolution of The City Council of the
City of Pearland, requesting 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 this resolution has been amended as discussed at
the September 12, 2016 Council Meeting by removing the word positive from the caption
and under Section 1 of Resolution No. R2016-165.
Voting "Aye' Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Second and Final 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,
Page 3 of 11 — 9/19/2016
owner, containing a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
'
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Ordeneaux, to
approve Ordinance No. CUP 2016-05 on its Second and Final 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.
City Manager Clay Pearson reported the applicant is requesting approval of a Conditional
Use Permit (CUP) to allow for an extended stay hotel use under the brand Home 2 Suites
by Hilton in the Business Park District -288 (BP -288). The BP -288 zoning designation is
intended to permit large office complexes/campuses and retail development in locations
with good visibility and roadway access. As inherently provided by SH 299.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Hill, and Perez.
Voting "No" Mayor Pro -Tem Moore.
Motion Passed 5 to 1.
Second and Final 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 Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Ordinance No.1530 on its Second and Final Reading.
City Manager Clay Pearson reported adoption of the tax rate will provide for payment of
debt service and for the program of services for fiscal year 2016-2017.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
amend the motion adopting a tax rate of $0.6812 on each $100 valuation of property,
which is effectively a 6.6% increase in the effective tax rate.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Councilmember Carbone stated this is the largest effective tax rate increase in the history
'
of Pearland, and it is a wrong move.
Page 4 of 11 — 9/19/2016
Mayor Reid called for the vote on the original motion as amended.
' Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1.
Mayor Reid apologized for the oversight of not allowing a citizen to speak before New
Business, Ordinance No. 1530 was voted on.
Richard Sharp, 2516 Woodcreek Drive, addressed Council stating it would have been
nice to be able to speak before the vote. He further stated his concerns regarding the
City's investments and increased tax rate.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
resend the vote on New Business No. 3, Ordinance No. 1530.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
' Motion Passed 6 to 0.
Councilmember Carbone stated he will make comments at the adoption of the budget.
He stated he felt this was necessary to resend the motion and he apologized for
overlooking Richard Sharp's request to speak before New Business No. 3, Ordinance No.
1530 was voted on.
Councilmember Hill stated Council should make their comments now and not wait for the
adoption of the budget. He asked if staff could speak on the City's investments.
City Manager Clay Pearson gave an overview of the operation of the City as a
governmental body making investments and the City's investment policy.
Councilmember Ordeneaux encouraged residents to attend the workshops next year
when the City is discussing the budget and tax rate and not wait two weeks before it is to
be voted on. This is a detailed process and the City is a very large organization.
Councilmember Perez stated Council deals with these kind of comments regularly. What
Council struggles with is a lot of requirements by the state the City has to abide by
regarding bonds and investments. Councilmember Perez apologized for Richard Sharp
not be able to speak before the vote, but he hopes his comments have been addressed.
Councilmember Ordeneaux made the motion, seconded by Councilmember Reed, that
the property tax rate be increased by the adoption of a tax rate of $.6812 on each $100
Page 5 of 11 — 9/19/2016
property valuation, which is effectively a 6.6% increase in the effective tax rate. '
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, and Reed.
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1.
First and Only 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, a repealer clause, declaring an
emergency; providing for publication and an effective date.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to
approve Ordinance No. 1358-14 on its First and Only 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.
Assistant City Manager Trent Epperson stated fee changes have been discussed as part
of the budget process in budget workshops held in August and September 2016. Pursuant
to Council's feedback on September 12, 2016, staff will present two options for Council's '
consideration.
Budget Analyst Neelie Walker gave a presentation of the two options for the non -
development usage and service fees.
Option 1 — Consensus from Raftelis presentation on 8/29/2016.
• Scenarios —SCW1&SCWW1
• Revised cost allocation to base charge and transition to base charge scaled up by
meter size.
• Multi -family base rate is 91% of 5/8" meter base rate.
Option 2 — Similar to option 1.
• Revised the multiplier to make 5/8" and %" meters equal, then scaled up for larger
meters.
• Held water base rate for 5/8" and'/." meters to 2016 rate ($13.78)
• Increased the multi -family base rate to equal the 5/8" and'/." rate.
Councilmember Carbone stated he appreciates all the work staff has put into these
options. He further stated Option 2 seems fair.
Councilmember Reed stated he likes Option 2 also, it is fair to the businesses and '
residents.
Page 6 of 11 — 9/19/2016
Mayor Pro -Tem Moore stated he likes Option 2, it spreads the increase more evenly
' across the board.
Councilmember Ordeneaux stated Option 2 is a good compromise.
Councilmember Hill stated Option 2 is the best way to go.
Councilmember Perez stated Option 2 seems to be fair for everyone.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore to amend
Ordinance No. 1358-14 by adopting Option 2 for the non -development usage and service
fees.
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, and Ordeneaux, Hill, and Perez.
' Voting "No" None.
Motion Passed 6 to 0.
Second and Final 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 Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 1529 on its Second and Final Reading.
City Manager Clay Pearson reported the City Council has reviewed the fiscal year 2016-
2017 budget through a series of budget workshops and held public hearings on the
budget on August 29 and September 6, 2016. The operating budget for fiscal year 2016-
2017 totals $193,063,538 and capital improvement program (CIP) totals $104,309,330
including transfers.
Councilmember Perez stated he appreciates all the work staff has put into the budget. He
further stated he is for the proposed budget.
Councilmember Hill stated he has no comments.
Councilmember Ordeneaux stated he has no comments.
Page 7 of 11 — 9/19/2016
Councilmember Reed stated he would like to see the budget without the new position of '
an Address Coordinator. He further stated it has been said the City is understaffed in
several departments. He stated his concern the City should take care of positions already
existing and then expand with new positions.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the offsetting Water & Sewer — Ground Maintenance Contract change in the
General Fund.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmembers Carbone and Reed.
Motion Passed 4 to 2.
Council Action — Resolution No. R2016-166 — A Resolution of the City Council of the
City of Pearland, Texas, approving and adopting the Five -Year Capital Improvement
Program (CIP)2017-2021.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to
approve the Resolution No. R2016-166.
Craig Lacy, 13607 Fountain Mist Drive, addressed Council stating his concerns regarding '
the traffic congestion at Broadway and SH 288. He expressed several options to alleviate
congestion by construction of additional access points.
City Manager Clay Pearson reported the development of the Capital Improvement
Program (CIP) is a continual process and consequently should be viewed as a working
document. While the document covers a five-year planning perspective, it is revised every
year in order to accommodate new projects, reflect changes in ongoing projects, and
extend the program another year.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding an update of the feeder road on the east side of SH 288.
Discussion ensued between Councilmember Reed and Assistant City Manager Trent
Epperson regarding the funding of the feeder road entrance into J.C. Penney's.
Councilmember Ordeneaux stated when looking at the Capital Improvement Program
(CIP) there has been a lot of projects that have been moved up and around based on
input. Something he would like to look at once this hectic time of year is over is to reach
out to the citizens by communication and education with different ways to get around town
that is the most economical and/or quickest.
Page 8 of 11 — 9/19/2016
Councilmember Perez stated that feeder road has been looked at for more than ten years
' with ever possible scenario. It is out of the City limits, it is in the Texas Department of
Transportation (TxDOT) right of way, and Brazoria County. This is a good example of
some of the frustration the City runs into as a City. The City is working aggressively to try
to get some relief in this area. He further stated as far as the Capital Improvement
Program he would like to see the Pearland Parkway traffic circle improvements and
Woodcreek Park moved up on the Capital Improvement Program.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution No. 2016-167 —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 the Pearland Independent School District for School Resource
Officer Program.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. R2016-167.
' Councilmember Ordeneaux stated since he is employed with Pearland Independent
School District he will abstain from voting.
Councilmember Ordeneaux stepped out of the Council Chambers at 8:03 p.m.
City Manager Clay Pearson reported since 1994 the City has provided police officers to
Pearland Independent School District (PISD) as School Resource Officers (SRO), via
inter -local agreement between parties. The SRO's assist school administration in
maintaining a safe and secure environment as officers provide for a highly visible
presence to deter thefts, weapons, drug violations, trespassers as well as serving as a
positive role model for the students.
Councilmember Perez stated this is a great program.
Councilmember Hill had no comment.
Mayor Pro -Tem Moore had no comment.
Councilmember Reed had no comment.
Councilmember Carbone thanked staff for the answers to his questions regarding the
utilization study.
Page 9 of 11 — 9/19/2016
Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.
Voting "No" None. '
Motion Passed 5 to 0, with Councilmember Ordeneaux abstaining.
Councilmember Ordeneaux returned to the Council Chambers at 8:05 p.m.
First Reading of Ordinance No. 1531- An Ordinance Of The City Council of the City of
Pearland, Texas, prescribing the type of notice to be given of the time and place of the
November 21, 2016 Joint Public Hearing of the City Council and the Planning and Zoning
Commission for Amendments to Certain Planned Developments.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1531 on its First Reading.
City Attorney Darrin Coker reported on two different occasions the City will have zoning
applications coming to the Unified Development Code (UDC). The Joint Public Hearing
scheduled for September 26, 2016 will deal with the UDC text amendment. Anytime text
amendments are done to the UDC, the only notice that goes out is to the newspaper. The
zoning law will apply to almost every property in Pearland. The only properties that do not
get zoned are the new regulations that were adopted through the new UDC change. The
properties that this does not apply to is the Planned Development (PD) that Council '
previously approved. In order to make the changes that were adopted by the UDC
applicable to the Planned Development (PD) is to go back and zone each PD. There are
two ways this can be done. One is to do the thousands of notices that would go out for
those PD's or the alternate zoning notice which is the adopted Chapter 211.007 (d) of the
Local Government Code. This section provides that the governing body of a homerule
municipality may, by a 2/3's vote, prescribe an alternate from of notice be given of the
time and place of a joint public hearing for zoning purposes; an option the City has
previously exercised on two separate occasions where large numbers of properties were
affected. The proposed ordinance would allow the notice of the proposed zoning to occur
in the same manner as what takes place for a text amendment; by placing notice in the
newspaper. However, the City proposes publishing notice in the paper on two consecutive
weeks instead of only one week. This would be the third occasion and the City is looking
at a total of 49 PD's that this would be applicable to. He further stated if the new liquor
regulations are approved in November 2016 after the local option election, the alternate
zoning that would apply to the PD's would require a CUP in order to have liquor sales
allowed in a Planned Development (PD). If the new lighting standards are adopted the
current properties would be grandfathered unless there is new development or a
substantial amount of change that would trigger new standards.
Discussion ensued between Councilmember Ordeneaux and City Attorney Darrin Coker
regarding if a notice could be put in the residents water bill. ,
Page 10 of 11 - 9/19/2016
Discussion ensued between Councilmember Carbone and City Attorney Darrin Coker
regarding this Ordinance applies to the lighting and liquor.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
lighting.
Councilmember Reed stepped out of the Council Chamber at 8:15 p.m.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers.
Councilmember Reed returned to the Council Chamber at 8:18 p.m.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 8:19 p.m.
Minutes approved as submitted and/or corrected this the 12th day of December, A.D.,
2016.
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Tom Reid
Mayor
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