2016-12-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 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 6:35 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 Lorling
Others in attendance: Daniel Baum Deputy Fire Chief; Jon Branson Deputy City Manager;
Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief;
Trent Epperson Assistant City Manager; Michelle Graham Director of Human Resource; Lata
Krishnarao Director of Community Development; Chris Odea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Vance Riley Fire Chief; Eric Wilson Public
Works Director; Sparkle Anderson Communications Director; Robert Upton City Engineer;
John McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Rick
Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer; 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:
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the September 19, 2016, Regular Meeting held at 6:30 p.m.
2. Minutes of the October 17, 2016, Special Meeting held at 5:00 p.m.
Page 1 of 8 - 12/12/2016
B. Consideration and Possible Action - Resolution No. R2016-215 - '
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to renew a contract for EMS billing and
collection services with Digitech Computer, Inc. at the rate of 4.95% of net
collections (plus an approximate $2,075 per month for ePCR software fee) for
the period of December 16, 2016 through December 15, 2017.
C. Consideration and Possible Action - Resolution No. R2016-221 - 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 for the
cooperative purchase of goods and services with the City of Frisco, Texas.
D. Consideration and Possible Action - Resolution No. R2016-223 -
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Mutual Aid Fire Protection
Agreement.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through D as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None. '
Motion Passed 6 to 0.
NEW BUSINESS:
First Reading of Ordinance No. CUP 16-00010 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit to allow for a
metal, machine, or wood shop and building material sales in the Garden/O'Day-Mixed
Use (G/0 -MU) zoning district, Being a tract of land containing 0.63 acres (27,500 square
feet) and being known as Lot 9, Block 3 of Hickory Creek Subdivision as recorded in Volume
11, Page 1 of the Brazoria County Map Records. (Located at 2106 O'Day Road, Pearland,
TX.) Conditional Use Permit Application No CUP 16-00010, within the Garden/O'Day-Mixed
Use (G/0 -MU) zoning district, at the request of Jay Dorsey, applicant, on behalf of Trajan
Properties, LLC., owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the CUP 16-00010.
Councilmember Reed made the motion, seconded
by
Mayor Pro -Tem
Moore, to approve
Ordinance No. CUP 16-00010 on its First Reading,
1
Page 2 of 8— 12/12/2016
' City Manager Clay Pearson reported Council is being asked to approve the Conditional Use
Permit (CUP) to allow for a metal, machine, or wood shop and building material sales in the
Garden/O'Day-Mixed Use (G/0 -MU) zoning district.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. 2000M - 154 - 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, Zone
Change Application No. ZONE 16-00016, at the request of the City; for approval of
amendments to all Planned Developments and Planned Unit Developments within the
City of Pearland to require approval of a Conditional Use Permit for auto related uses,
Gas Stations, Pawn Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities,
Halfway House, Boarding Homes, AsphalUConcrete Plants, Liquor/Package Stores,
Cigars, Tobacco or E -Cigarettes Shops and Vaping Lounges; 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed, to approve
Ordinance No. 2000M-154 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change 16-00016.
City Manager Clay Pearson reported Council is being asked for approval of amendments to
all Planned Developments and Planned Unit Developments within the City of Pearland to
require approval of a Conditional Use Permit.
Drew Pelter, 12234 Shadow Creek Parkway, addressed Council stating his concerns
regarding the City's notification process. He further stated his concerns regarding the
amended ordinance should not apply to Shadow Creek Ranch.
City Attorney Darrin Coker stated the Planned Development (PD) can be amended and has
been in the past. The question is whether or not Council believes these amendments are
going to negatively impact the Tax Increment Reinvestment Zone No. 2 (TIRZ). The uses
that are listed are still allowed within the zoning, they do require an additional level of
scrutiny. They would still come before Council and Council can approve those uses within the
PD. He stated it is a presumption to argue that the TIRZ is anyway damaged by an
amendment in this case.
Drew Pelter stated when millions of dollars is going to be invested in a Planned Unit
Development such as Shadow Creek Ranch there will be certain agreements and
concessions put in place. This took place between the City and Shadow Creek Ranch in
Page 3 of 8 -12/12/2016
1998/1999. A person needs assurances when they invest a large sum of money, you want to '
know what you are going to get 10, 15, 20 years from now. He further stated he does not
want to see it change now, he wants to stick to the original plan between the City of Pearland
and Shadow Creek Ranch.
Discussion ensued between Councilmember Carbone and City Attorney Darrin Coker
regarding if the amendments would have a negative impact on the Tax Increment
Reinvestment Zone No. 2 (TIRZ) keeping them from developing as originally intended.
Councilmember Carbone stated this is clearly a negative impact. He has not seen the
development agreement, but if that is what it states he would not be in agreement to
changing the rules at this point. He further stated the City has missed the mark as far as the
public notification and communicating with the public.
Councilmember Reed stated regarding the public notification is serious, every landowner and
resident need to know what is going on. He further stated there is some tailoring that can be
done regarding the Planned Development.
City Attorney Darrin Coker stated the actual language from the Development Agreement
states the City would not revoke or amend ordinances that are or will be adopted by the City
related to the zone, the Tax Increment Reinvestment Zone No. 2 (TIRZ) or the Planned Unit
Development (PUD), except as consistent and compliance with the plans. The plans that '
were adopted are associated with the TIRZ. The argument that is being made tonight is that
we can never rezone property because it would have a negative impact and not be
consistent with the plans. He stated that is not true. He stated if that is the case every time
the City would lower the tax rate in the past that would impact the TIRZ. If the argument
wants to be carried out to that degree then just about anything Council does could impact the
TIRZ.
Mayor Pro -Tem Moore stated he can see it both ways, there are a few things he would like to
change.
Councilmember Ordeneaux stated he voted against half of the zone changes regarding the
Unified Development Code (UDC) because it gives the Council body more power than the
land owner. When we think government can solve people's problems that is when we get into
trouble. A Conditional Use Permit (CUP) gives the governing body the power to tell a
business what color to paint their building and what plants they have to plant. He stated he
was going to vote against this because he does not agree with it.
Councilmember Hill stated our constituents have asked this body to do something because
they do not want certain businesses being built next to or in their neighborhoods. It takes
elected votes with vision and discretion to do the right thing.
Councilmember Perez stated our job is to help people protect their investment and what they ,
live next to. He further stated he does see the Conditional Use Permit (CUP) process causing
some problems and needs to be cleaned up.
Page 4 of 8 - 12/12/2016
' Discussion ensued between Councilmembers and City Attorney Darrin Coker regarding a
Conditional Use Permit (CUP), what can be allowed and what cannot be allowed.
Councilmember Carbone stated if an additional restriction was put on my property I would
feel like I'm damaged. He stated this body approved the way the City notifies property
owners, but clearly it failed. Before this reading is approved he would like to take a better
stab at notifying land owners. He further stated he would like to see the Development
Agreement between the City and Shadow Creek Ranch.
Councilmember Perez stated he would suggest that all the Planned Developments (PD) are
in a Municipal Utility District (MUD) and have an attorney and/or an engineer that represents
them. The City could send the attorney/engineer a certified letter and they could notify their
clients.
Councilmember Carbone made the motion, seconded by Councilmember Perez to postpone
Ordinance No. 2000M-154 to a future date.
Mayor Reid called for the vote to postpone Ordinance No. 2000M-154.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez.
Voting "No" Councilmember Reed,
Motion Passed 5 to 1.
Second and Final Reading of Ordinance No. 1534 - An Ordinance of the City Council of
the City of Pearland, Texas increasing the maximum combined rates of the city's normal
contributions and prior service contributions to the Texas Municipal Retirement System
pursuant to Section 855.501 of Title 8, Texas Government Code, as amended; and
prescribing the effective date for the ordinance.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1534 on its Second and Final Reading.
City Manager Clay Pearson reported as amended in the first reading, staff recommends
adoption of the attached ordinance allowing the city to adjust the Stat Max by 2% to 15.50%.
Councilmember Carbone stated in the agenda packet it states this allows a temporary fix and
is projected beyond 2023. He does not know if temporarily and projected years is the same,
but he thinks this solves the issue.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, and Moore
' Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
Page 5 of 8 -12/12/2016
First Reading of Ordinance No. 532-6 - An Ordinance of the City Council of the City of ,
Peadand, Texas, amending Ordinance No. 532, the Flood Damage Prevention Ordinance;
providing a penalty for violation; having a savings clause, a repealer clause, a severability
clause; providing for codification, publication and an effective date.
Councilmember Hill made the motion, seconded by Councilmember Reed, to approve Ordinance
No. 532-6 on its First Reading.
City Manager Clay Pearson reported the City is a member of the National Flood Insurance
Program (NFIP) which enables owners with insurable property within our community to be
eligible for flood insurance policies. As a member of the program, the City is required to adopt
floodplain management measures by ordinance that meets or exceeds the minimum NFIP
requirements.
Councilmember Perez stated he would like to ask when updating maps on the north and south
side of Clear Creek he would like to add a process when we provisions are received and even
provisions the City already has to make sure the current verbiage is on the maps on how the
land is sub -divided. If a layer could be added to the GIS process this could be a resource that
both staff and residents could use to properly identify wheatear a piece of property is in the flood
plain.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None. '
Motion Passed 6 to 0.
First Reading of Ordinance No. 1529-1 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1529, the 2016-2017 Annual Budget Ordinance,
by; authorizing the City Manager or his designee to take all actions necessary to facilitate the
changes identified herein without further approval of City Council; providing a savings clause,
a severability clause, a repealer clause, and an effective date.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 1529-1 on its First Reading.
City Manager Clay Pearson reported Council is being asked to approve amending Ordinance
No. 1529, the 2016/2017 Annual Budget Ordinance.
Budget Officer Tara Kilpatrick gave an overview of purchases of goods and services and
other items that were approved and budgeted in fiscal year 2015/2016, but the actual
expenditure and receipt of revenue will be incurred in the 2016/2017 fiscal year.
Councilmember Carbone stated this is truly amending the budget. He further stated he would '
have liked to seen this in two separate ordinances. One being the carry over and timing
issues and the second for the changes to the budget.
Page 6 of 8 - 12/12/2016
' City Manager Clay Pearson stated with one ordinance it is straight forward. He further stated
the preference of the Council.
Voting "Aye" Councilmembers Perez, Reed, Moore, Ordeneaux, and Hill.
Voting "No" Councilmember Carbone
Motion Passed 5 to 1.
Council Action — Resolution No. R2016-222 — A Resolution of the City Council of the City of
Peadand, Texas suspending the effective date for ninety days in connection with the statement
of intent filed by CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and
CenterPoint Energy Texas Gas on or about November 16, 2016; authorizing participation in a
coalition of similarly situated cities; authorizing participation in related rate proceedings;
authorizing the retention of special counsel; requiring the reimbursement of municipal rate case
expenses; finding that the meeting complies with the open meetings act; making other findings
and provisions related to the subject; anddeclaring an effective date.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to approve
Resolution No. R2016-222.
City Attorney Darrin Coker reported it is recommended that the City suspend CenterPoint's
proposed effective date for ninety (90) days. Assuming a proposed effective date of December
21, 2016 the 90 -day suspension period ends on March 21, 2017. Should CenterPoint extend its
proposed effective date, the suspension period would change accordingly, day for day. It is also
recommended the City retain the law firm of Herrera & Boyle, PLLC to represent the City's
interest in matters related to CenterPoint's rate case and to advise the City with regard to
CenterPoint's application, and that the City intervene in the proceeding before the Railroad
Commission of Texas, and represent the City in any appeals, if any, regarding CenterPoint's rate
application.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez
Voting "No" None.
Motion Passed 6 to 0.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS: None.
Page 7 of 8 — 12/12/2016
Meeting was adjourned at 7:55 p.m. ,
Minutes approved as submitted and/or corrected this the 13u' day of February, A.D., 2017.
Tom Reid
Mayor
ATTEST:
��quun„
??!?i,
?unLBTRM e
Ity .........
L�1
I
Page 8 of 8 — 12/12/2016