2017-01-09 CITY COUNCIL REGULAR MEETING MINUTESn
11
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 9, 2017, 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
CityAttorney
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; Lata Krishnarao Director of Community Development;
Cynthia Pearson Director of Finance; Vance Riley Fire Chief; Kim Sinistore Executive
Director of the Convention/Visitors Bureau; Eric Wilson Director of Public Works; Sparkle
Anderson Communications Director; Robert Upton City Engineer; Daniel McGhinnis Chief
Information Officer; John McCarter Management Assistant.
The invocation was given by Councilmember Reed and the Pledge of Allegiance was led by
Charles Anderson Boy Scout Pack No. 446.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS: None.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the October 10, 2016, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action — Excuse Councilmember Ordeneaux
from December 19, 2016, Regular Council Meeting.
C. Consideration and Possible Action — Resolution No. R2017-1 — A
Resolution of the City Council of the City of Pearland, Texas, approving a
Special Events Permit for the Shadow Creek Ranch Triathlon.
Page 1 of 8— 1/9/2017
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt ,
Consent Agenda Items A through C 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. 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, Asphalt/Concrete 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.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve '
Ordinance No. 2000M-154 on its First Reading.
Katherine Edwards, BGE/Kerry R. Gilbert and Associates, on behalf of Shadow Creek Ranch
Development addressed Council stating that BGE/Kerry R. Gilbert and Associates help wrote
the original Plan Unified Development for Shadow Creek Ranch and currently reviewed all
the architectural developments. She stated it is their request that the Auto Accessory and
Parts, Auto Part Sales, Full Service Auto Wash and the Self Service terms be eliminated
from Ordinance No. 2000M-154. She stated this would help the continued development to
Shadow Creek Ranch.
Mayor Reid stated that the Planning & Zoning Commission did communicate with City
Council on the November 21, 2016, meeting to review these particular issues. The Council
did approve this item by a vote of 5 to 0.
City Manager Clay Pearson stated Council recently requested review of the conditional uses
related to certain auto related uses throughout the city since then this process has been
adopted. This item has a parallel process for all the Planned Developments in the city.
Councilmember Reed stated he does not agree to allow one Planned Development (PD) to
come forward without allowing all the other Planned Developments that exists with the City to
voice their concerns. If Council is going to pass this ordinance it should be passed across the '
board.
Page 2 of 8 - 1/9/2017
Mayor Reid stated Pearland allows these type of businesses in Pearland. Sometimes you do
' not want them built in particular places and that is why Pearland has zoning If Council
approves this tonight it should be approved across the board.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the notification sent to the interested parties.
Director of Community Development Lata Krishnarao stated she received two comments
after the notifications were sent out. One gentleman was in favor of the notification and
attached a section from the Shadow Creek Ranch Planned Development regarding why
some of the changes are ok in Shadow Creek Ranch. The second gentleman did not state he
was against it, but he had several questions that led her to believe he was not happy with the
changes.
Councilmember Carbone stated in terms of the request by Shadow Creek Ranch was a good
discussion at the last City Council meeting. This is the largest master planned community
that dates back to 1998 with over 40 acceptable Conditional Use Permits listed and they are
asking for 4 to be excluded. He further stated he does not have an issue with that.
Councilmember Ordeneaux stated he was against half of the changes when they were
presented so he will be voting no.
' Councilmember Hill stated he is ok with excluding the 4, but he does agree with the Mayor
and Councilmember Reed that it should be applied across the board and not just for Shadow
Creek Ranch.
Councilmember Perez stated he agrees with his fellow Councilmembers that whatever
Council does here tonight needs to be the same for all Planned Development.
Director of Community Development Lata Krishnarao clarified the difference between Auto
Parts Sales (With Outside Storage or Display) and Auto Parks Sales (Indoors Only; With
Repair Bays).
Councilmember Perez made the motion, seconded by Councilmember Carbone to amend
the motion to exclude Auto Parts Sales (Indoors Only; With Repair Bays), Auto Wash (Full
Service/Detail Shop) and Auto Wash (Self -Service) across the board.
Councilmember Reed stated he is against excluding the Auto Wash (Self -Service).
Councilmember Perez made the motion, seconded by Councilmember Carbone to modify the
amended motion to only exclude Auto Parts Sales (Indoors Only; With Repair Bays) and
Auto Wash (Full Service/Detail Shop) across the board.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Page 3 of 8 — 1/9/2017
Motion Passed 6 to 0. ,
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Moore, Hill, Perez, and Carbone.
Voting "No" Councilmembers Reed and Ordeneaux.
Motion Passed 4 to 2.
First Reading of Ordinance No. CUP 16-00009 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit to allow for tool
and machinery rental with outdoor storage in the General Commercial (GC) zoning
district, being 4.694 acres (204,491 square feet) of land situated in the northeast one-
quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No. 242, Brazoria County, Texas,
and being a part of the land described in Vol. 103, Page 156 and also part of the land
described in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas. (Located
at 2932 Manvel Road, Pearland, TX.) Conditional Use Permit Application No. CUP 16-
00009, within the General Commercial (GC) zoning district, at the request of Arne Pepin,
applicant/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 Zone Change 16-00009 by a vote of 5 to 0 with
conditions. 1. That the existing track lighting be removed, 2. That the barbed wire fence be
replaced with a fence that meets the Unified Development Code, 3. All other conditions of
Unified Development Codes must be met, 4. The parking lot limited to two (2) spaces, 5.
Insure turning radius is up to TxDOT specification, 6. Existing fence needs to meet Unified
Development Code requirements, 7. Additional landscaping along the northern side of the
driveway.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. CUP 16-00009 on its First Reading.
City Manager Clay Pearson stated this is a conditional use request, the applicant is looking
to use the area for truck terminals. As noted Planning and Zoning did have a positive
recommendation, with the conditions staff has recommended.
Bo Faber, KW Commercial representing the buyer Central Pony Express 2932 Manvel Road,
addressed Council and stated they have agreed to all the requested changes with the
exception of the two (2) trailer limit looking ahead for future growth. We will fully comply with
Unified Development Code and the newly corridor overlay district. The set -back has been
increased even further to prevent these low profile trailer from being seen.
Councilmember Perez stated is comment is more directed to staff regarding having in the '
plans the maximum size of limitations of the turning movement so the landscape does not
get turn up or a trailer stuck in the ditch.
Page 4 of 8 - 1/9/2017
Councilmember Carbone stated clarification of one of the conditions to the limiting of parking
' spaces needs to specify the trailer parking is limited to (2) two spaces.
City Manager Clay Pearson stated the language will be clarified on the second and final
reading of Ordinance No. CUP 16-00009.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" Councilmember Reed.
Motion Passed 5 to 1
First Reading of — Ordinance No. CUP 16-00011 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a mini-
warehouse/selfstorage in the General Business (GB) zoning district, All of that Lot "A"
and Lot "B", Block 1 in the Whispering Winds Subdivision, Section 2, an addition in the
Thomas J. Green Survey, Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the
Plat Records of Brazoria County, Texas. (Located approximately 323 feet northeast of the
intersection of Westminister Road and Broadway Street.) Conditional Use Permit
Application No. CUP 16-00011, within the General Business (GB) zoning district, at the
request of Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC. owner,
containing a savings clause, a severability clause, and an effective date and other provisions
' related to the subject.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve
Ordinance No. CUP 16-00011 on its First Reading.
1
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change 16-00011.
Director of Community Development Lata Krishnarao gave an overview of the Conditional
Use Permit (CUP) to allow for a mini-warehouse/self-storage in the General Business (GB)
zoning district.
Councilmember Ordeneaux thanked the developer for the mini-warehouse/self-storage. He
likes this one and the location.
Councilmember Perez stated he is ok with the use of this location.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0.
Page 5 of 8 — 1/9/2017
Council Action - Resolution No. R2017-2 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into a Second '
Amended Development Agreement with Sowell Interests -Parkside, L.P., KB Home Lone Star
Inc. and the Canterbury Park Home Owners Association, Inc. regarding the construction of
Park Improvements in the Canterbury Park Subdivision.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-2.
President of Pearland Economic Development Corporation Matt Buchanan gave an overview
of the construction of Park Improvements in the Canterbury Park Subdivision.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-3 - A Resolution of the City Council of the City of
Pearland, Texas, adopting a State Legislative Agenda for the 85th Session of the Texas
Legislature.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve '
Resolution No. R2017-3.
Assistant City Manager Trent Epperson reported Council is being asked to approve adopting
a State Legislative Agenda for the 851h Session of the Texas Legislature.
Councilmember Ordeneaux stated regarding the bullet point under Transportation that states,
Oppose funding or legislation enabling the Texas Department of Transportation (TxDOT) to
construct the SH35 Tollway, as currently planned with an elevated cross-section through the
Old Townsite area of the City of Pearland. He would like to have on record that Pearland is
officially saying the City is not in favor of.
Councilmember Hill stated for the most part all of Pearland would agree that we are not in
favor of that, but keep in mind that we will be going against some cities in Brazoria County
that are in favor of that. He further stated regarding Tourism and Travel, the bullet point,
Support the Uniform School Start Date of the 4th Monday in August. Some schools in the
Pearland Independent School District (PISD) might be against. If this is the case the City
might want to move forward regarding this so we do not get cross ways with PISD, if the
school district is trying to get more local control.
Councilmember Perez stated he would agree, he has already heard from a school board
member concerned that the state is trying to take away some of the school districts abilities. ,
He further stated he would like to consider adding, even though it is not directly in Pearland it
does effect Pearland, and that is under Transportation. He would like the City to show some
support of the 3611 corridor expansion. That could eventually help the City.
Page 6 of 8 - 1/9/2017
1
Councilmember Ordeneaux stated that is also their emergency evacuation. Any help that
would not put them traveling to SH288 and through Pearland when Pearland residents are
trying to evacuate would help.
Councilmember Carbone made the motion, seconded by Councilmember Hill, to amend
Resolution No. R2017-3 by striking the Uniform School Start Date of the 41h Monday in
August and to add under Transportation the support of the 36'^ corridor expansion.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, Ordeneaux, and Hill.
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, Hill, and Perez.
Voting "No" None.
Motion Passed 5 to 0 with Councilmember Ordeneaux abstaining.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Councilmember Ordeneaux stated the changes that were made to the Planned Development
(PD) Item #1, he would like to see those same changes made to the Unified Development Code
on a future agenda.
Councilmember Reed stated on a future agenda he would like to discuss the term limits for the
Planning and Zoning Commission.
Councilmember Perez stated regarding the Boards he would like a provision made if anyone on
Planning and Zoning, Pearland Economic Development Corporation or any organization has a
Member that wants to run for political office, for example City Council or School Board, the
member must resign their position on the board as a condition of them running, and not if they win
or lose.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:47 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.072 - Consultation with the City Attorney — Regarding
the purchase, exchange or lease of property for city infrastructure.
Page 7 of 8 — 1/9/2017
2. Section 551.071 - Consultation with the City Attorney - Regarding
the proposed creation of a new Municipal Utility District. '
3. Section 551.087 - Consultation with City Attorney - Regarding
Economic Development Negotiations.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:29 p.m.
Council Action - Regarding the proposed creation of a new Municipal Utility District.
No Action Taken.
Council Action - Regarding Economic Development Negotiations.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, for Staff to
proceed with the amendment of the Tax Abatement agreement with FloWorks as discussed
in Executive Session.
Councilmember Reed left the Council Chamber at 8:29 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 Chamber.
ADJOURNMENT
Meeting was adjourned at 8:31 p.m.
Minutes approved as submitted and/or corrected this the 27th day of February, A.D., 2017.
Tom Reid
Mayor
ATTEST.
Q ... .
ng ing, T C
S tary......
""',11160%`�
Page 8 of 8 - 1/9/2017