2016-12-19 CITY COUNCIL REGULAR MEETING MINUTES11
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 19, 2016, AT 5:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 5:34 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Greg Hill
Councilmember
Trent Perez
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Keith Ordeneaux.
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; Lata Krishnarao Director of Community Development; Chris
Orlea Director of Parks and Recreation; Cynthia Pearson Director of Finance; Kim Sinistore
Executive Director of the Convention/Visitors Bureau; Eric Wilson Public Works Director;
Sparkle Anderson Communications Director; Skipper Jones Assistant Director of Capital
Projects; Michael Leech Assistant Director of Public Works; 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 Hill 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, Hill, and
Perez.
CITIZEN COMMENTS: None.
PUBLIC HEARING: None.
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CONSENT AGENDA: '
A. Consideration and Possible Action — Second and Final 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 (GlO-
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/O-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.
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 532-6 —An Ordinance of the City Council of the City of Pearland, 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.
C. Consideration and Possible Action — Resolution No. R2016-232 — A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for the purchase of
three (3) police motorcycles, from San Jacinto Harley-Davidson, in the amount of
$67,662.81. '
D. Consideration and Possible Action — Resolution No. R2016-234 —A Resolution of
the City Council of the City of Pearland, Texas, renewing a bid for the purchase of fire
bunker gear from Dooley Tackaberry, Inc. in the estimated amount of $64,000, for the
period of January 12, 2017 through January 11, 2018.
E. Consideration and Possible Action — Resolution No. R2016-224 —A Resolution of
the City Council of the City of Pearland, Texas, renewing a unit price service contract
for rough cut mowing maintenance of roadside ditches, vacant City properties and
retention areas, to Lawnscapes Unlimited in the estimated amount of $118,342.81, for
the period of January 12, 2017 through January 11, 2018.
F. Consideration and Possible Action — Resolution No. R2096.229 —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 Tally Landscape Architects, Inc., in the
amount of $239,448.41, for professional services associated with Shadow Creek
Ranch Trail Project.
G. Consideration and Possible Action — Resolution No. R2016-231 —A Resolution of
the City Council of the City of Pearland, Texas, awarding a contract, through the Texas
Association of School Boards Buy Board ("TASB Buy Board") for construction services
(Centennial Park, Phase 2) to Musco Sports Lighting LLC, in the amount of $279,900. ,
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' H. Consideration and Possible Action — Resolution No. R20116-235— A Resolution of
the City Council of the City of Pearland, Texas, accepting the City's Investment Report
for the quarter ending September 2016.
Consideration and Possible Action — Resolution No. R2016-225 —A Resolution of
the City Council of the City of Pearland, Texas, authorizing the conveyance of a special
warranty deed to the Lower Kirby Pearland Management District ("LKPMD") and the
Pearland Municipal Management District No. 1 ("PMMD No. 1") for the Kirby Drive
Detention Pond, and conveying a special warranty deed to the LKPMD for the Hooper
Road detention pond.
J. Consideration and Possible Action — Resolution No. R2016-226 —A Resolution of
the City Council of the City of Pearland, Texas, authorizing the conveyance of a
corrected special warranty deed to the Lower Kirby Pearland Management District
("LKPMD") and the Pearland Municipal Management District No. 1 ("PMMD No. 1 ") for
the Regional Detention Pond.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through J as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Hill, and Perez.
' Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
NEW BUSINESS:
Second and Final 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 Reed made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 1529-1 on its Second and Final Reading.
City Manager Clay Pearson reported the City's 2015-16 fiscal year ended September 30, 2016.
At that time, there were contracts, 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. The carryover for those expenditures are
being requested, and the budget for those items to be re-established in this fiscal year.
' Councilmember Carbone thanked staff for answering the questions he had before the meeting.
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Voting "Aye" Councilmembers Reed, Moore, Hill, Perez, and Carbone. ,
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2016-230 -A Resolution of the City Council of the City of
Pearland, Texas, authorizing a Reimbursement Agreement with the Pearland Economic
Development Corporation ("PEDC"), in the estimated amount of $578,391.00, for
reimbursement of construction costs associated with the City Hall Renovation Project; and
authorizing an Administrative Services Contract with the PEDC in the amount of $156,897.50,
for reimbursements associated with services provided by the City to the PEDC.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2016-230.
City Manager Clay Pearson reported on July 25, 2016, the Board of Directors of the Pearland
Economic Development Corporation approved the Pearland Economic Development
Corporation's (PEDC) share of renovation and construction of improvement costs at the
Pearland City Hall for PEDC offices. Once complete, PEDC will occupy Suite No. 300 on the
third floor of City Hall.
Discussion ensued between Councilmember Carbone and President of Pearland Economic ,
Development Corporation Matt Buchanan regarding the shared services was utilizing the rate
Pearland Economic Development Corporation is paying now on the contract with Shadow
Creek Business Center.
Voting "Aye" Councilmembers Moore, Hill, Perez, Carbone, and Reed.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Council Action - Resolution No. 2016-227 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain
property for the Hughes Ranch Road Improvement Project; being a 0.1287 of one acre (5,608
square feet) parcel of land located in the H.T&B.R.R. Co. Survey Abstract No. 506, Brazoria
County, Texas and being situated in Lot 22, Block 20 of the Allison Richey Gulf Coast Home
Company Subdivision, a subdivision per plat or map recorded in Volume 2, Page 23-24,
Brazoria County Map Records (B.C.M.R.), said 0.1287 of one acre parcel being out of and a
part of a 0.9043 of one acre residue of a tract of land described as 0.9997 of one acre in a
conveyance to Philip C. Ross and Martha S. Ross recorded in Volume (90)854, Page 127 of
the Brazoria County Deed Records (B.C.D.R.), for the construction and maintenance of water,
sewer, drainage and road improvements on certain real property described herein; authorizing
the city attorney, or his designee, and other city officials to take such actions as are necessary ,
to acquire said property, located within the city, by donation, purchase, or by the exercise of the
power of eminent domain.
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' Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve Resolution
No. 2016-227.
CityAttorney Darrin Coker reported this resolution will allow the City to f le a condemnation petition
associated with the Hughes Ranch Road Project. Prior to the filing of a condemnation action, the
City Council must approve a resolution, declaring a public necessity, which will be filed as an
attachment to the City's Petition. Negotiations no longer appear to be beneficial; the property
owner has been informed of the City's intended action so that the property can be acquired in a
timely manner.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Council Action - Resolution No. 2016-228 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain
property for the Hughes Ranch Road Improvement Project; being a 0.0973 of one acre (4,238
square feet) parcel of land located in the H.T&B.R.R. Co. Survey Abstract No. 506, Brazoria
County, Texas and being situated in Lot 22, Block 20 of the Allison Richey Gulf Coast Home
Company Subdivision, a subdivision per plat or map recorded in Volume 2, Page 23-24, Brazoria
' County Map Records (B.C.M.R.), said 0.0973 of one acre parcel being out of and a part of a
0.9043 of one acre residue of a tract of land described as 0.9997 of one acre in a conveyance to
Philip A. Ross, et ux recorded in Volume (90)851, Page 158 of the Brazoria County Deed Records
(B.C.D.R.), for the construction and maintenance of water, sewer, drainage and road
improvements on certain real property described herein; authorizing the city attorney, or his
designee, and other city officials to take such actions as are necessary to acquire said property,
located within the city, by donation, purchase, or by the exercise of the power of eminent domain.
Councilmember Perez made the motion, seconded by Councilmember Hill, to approve Resolution
No. R2016-228.
City Attorney Darrin Coker reported the comments he stated on the previous item are the same for
this item.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Council Input and Discussion - Regarding Changing the Conditional Use Permit Approval
Process.
' City Manager Clay Pearson reported the purpose of this discussion is to review the current
Conditional Use Permit approval process and to consider the options designed to increase the
efficiency and effectiveness of the process, the public notice and involvement, and outcomes for
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quality development. '
Director of Community Development Lata Krishnarao gave an overview of what a Conditional Use
Permit (CUP) is and some examples when a CUP is used.
City Attorney Darrin Coker stated he wants to make sure everyone understands that a Conditional
Use Permit per the Unified Development Code is not a zone change. He gave an overview of the
options to change the Conditional Use Permit (CUP) process.
Option 1 — Revert to the process for Planning and Zoning approval of Conditional Use Permits
(CUP). As described in the November 23, 2016 memo, by using this process, notice is sent out to
surrounding landowners; a joint public hearing (JPH) is conducted; the JPH provides the City
Council the opportunity to provide input; the Planning and Zoning Commission (P&Z) makes the
decision on the CUP application; and the decision of the P&Z is appealable to the City Council.
This option has the net effect of delegating the policy making decision for CUP's to the P&Z while
the Council retains appellate jurisdiction. The process could be streamlined by scheduling a regular
meeting of P&Z and acting on the application the same night as the JPH.
Option 2 —This option streamlines CUP's through a City Council -only process. It should be noted
the CUP's are not zone changes to the zoning map, but they are specific use permits with possible
conditions attached. Consequently, the requirement for a joint public hearing and P&Z action are
not required. If this option is selected, it would involve the following: application for the CUP; notice
of a public hearing (Council only) to landowners; scheduling of a public hearing (Council only) on ,
the regular Council agenda; and a new business Rem on the same agenda for the City Council to
take action. One advantage would be that such public hearings could be scheduled for one of two
City Council meetings per month versus the one designated JPH night per month that is the current
process. Because the CUP is not a zone change, it could be approved at one Council meeting
which would allow the entire approval process to occur on one night (not having two readings).
This option has the effect of removing the P&Z from the process which they currently participate
in because they would no longer serve in a recommendation role for CUP's. The P&Z would
maintain their role and responsibilities for plats, zoning changes, the Capital Improvement Plan
(CIP) recommendation, and recommendations for text amendments to the zoning ordinance.
Option 3 —Continue the current process that requires notice sent out to landowners; a joint public
hearing; recommendation by P&Z, and the final decision by the City Council after two readings.
Mayor Reid stated in the City Charter the urban development ordinance was put in place for the
City to be able to control the development of our community, to protect the people and to make
sure there was a quality of development for the type of City the residents wanted.
Councilmember Carbone stated he does not like Option 1, Option 3 does not change enough, so
he is leaning towards Option 2.
Discussion ensued between Mayor Pro -Tem Moore and City Attorney Darrin Coker regarding ,
Option 3 after two readings.
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' Mayor Pro -Tem Moore stated he is looking between Option 1 and Option 3, Planning and Zoning
would provide input, they could recess to the P&Z meeting separate and Council could make the
decision that evening.
City Attorney Darrin Coker stated that would be a little more challenging because you are talking
about adding Joint Public Hearings on the same night as Council meetings.
Councilmember Hill stated with the Council body going from a five member board to seven
member board it is going to get harder to overturn Planning & Zoning and citizens will get angry if
they have to appeal. He thinks it should stop with Council making the decisions. Option 2 would
streamline the process and would be the better way to go. It would stop with Council and Council
could also help with some issues by explaining why or why not it is approved. He further stated he
would like to see a committee created to work with staff regarding changing some things with the
Conditional Use Permit and Community Development processes.
Councilmember Perez stated all three options do not address all of the issues Council has
heard about. Tonight Option 2 sounds the best. If we do one of these options it is not going to
get up where we need to go. He agrees with Councilmember Hill that if we have a committee
that includes some senior staff, development community. Councilmembers and community
partners that will help the City to work through the CUP process, the community development
process, and some of the issues we keep running into and deal with them all together.
' Councilmember Reed stated Option 2 takes out Planning and Zoning (P&Z) and he does not
think P&Z should be taken out of the Conditional Use Permit process. He further stated when
he served on the Planning and Zoning board ihe took pride in being able to voice concern.
Councilmember Reed asked Councilmember Hill when requesting the change was it to take
Planning and Zoning out of the process or to make changes to the background process and
notification.
Councilmember Hill stated a lot of residents complained about the amount of time it takes to
get through the process and issues regarding why the Conditional Use Permit was not
approved. He stated he was not thinking that Planning and Zoning needed to be taken out, but
he would not be opposed based on Option 2!if it speeds up the process.
Councilmember Reed stated he would not vote on any of the options presented tonight
because he thought the issue was the background process and notification. If the change could
be made to where the requestor only had to go through one vote instead of two votes, he would
go for doing that.
Mayor Pro -Tem Moore stated if we want to speed up the process and not take Planning and
Zoning (P&Z) out, we would have the Joint Public Hearing, P&Z gives their input, but not vote.
It would be presented at the next Council meeting for Council to vote on. That way Council
' would still have P&Z's input.
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Councilmember Perez stated going through these options there is not one that Council feels '
100% comfortable with that resolves the components that Council is hearing that needs to be
resolved. He further stated he agrees with Councilmember Reed that Planning and Zoning is
there for a reason and Council trusts their guidance.
City Attorney Darrin Coker stated to clarify weather Council moves forward tonight or in the future
with discussion on this matter, something to consider is because it is not a zone change
the regulations that Council establishes through the Unified Development Code (UDC) or any
amendments to it can reflect that the recommendation of the Planning and Zoning Commission
on CUP's does not require a vote.
President of the Pearland Economic Development Corporation Matt Buchanan gave an overview
of what is required for consideration for a Conditional Use Permit (CUP) in Pearland.
Councilmember Perez stated he thinks putting a band aid on this concern is not going to get the
resolution Council wants, which is a more streamline process in Community Development.
Councilmember Carbone stated the issue is if you are a small business in Pearland it is difficult
to build or do anything. If you are Kelsey -Seybold it is no problem. He further stated when he was
elected to be on Council it was to help the small business that wanted to grow and expand. He is
constantly hearing complaints and something needs to change. He agrees with Councilmembers
Perez and Hill regarding creating a committee to figure this out.
City Attorney Darrin Coker stated Council can decide how you want the composition of the '
committee to be and come back and proceed in that manner. He further stated not to have any
more than two councilmembers on the committee.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 6:38 p.m.
Minutes approved as submitted and/or corrected this the 13th day of February, A.D., 2017.
Tom Reid
Mayor
ATTEST:
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