2017-01-23 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 23, 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
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 Long
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 Resources; Lata
Krishnarao Director of Community Development; Chris Orlea Director of Parks and Recreation;
Cynthia Pearson Director of Finance; Eric Wilson Director of Public Works; Jennifer Huhn Court
Administrator; Skipper Jones Assistant Director of Capital Projects; Michael Leech Assistant
Director of Public Works; John McCarter Management Assistant; Daniel McGhinnis Chief
Information Officer; Bob Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney.
The invocation was given by Mayor Pro -Tem Moore 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:
Lance Foss, 1409 O'Day Road #15, addressed Council stating the 6�, 71h and 8t1 grade
students were asked what they would do if they were Mayor for a day. He stated if he were
Mayor for a day he would have a local and regional network that would assist citizens with
employment, earn full time pay and work accordingly. He would be the same kind of
ambassador as Mayor Reid and work hard to have his good heart and intentions. He would
follow up on issues and request better pay for Councilmembers. He further stated his concerns
with extending deadlines and due dates regarding ballot boxes, surveys, bids and employment
openings.
PUBLIC HEARING: None.
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CONSENT AGENDA: '
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the October 24, 2016, Special Meeting held at 5:00 p.m.
2. Minutes of the October 24, 2016, Regular Meeting held at 6:30 p.m.
3. Minutes of the November 14, 2016, Regular Meeting held at 6:30 p.m.
4. Minutes of the November 21, 2016, Special Meeting held at 6:00 p.m.
5. Minutes of the November 21, 2016, Joint Special Meeting held at 7:30
p.m.
6. Minutes of the November 26, 2016, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Resolution No. R2017-9 - 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
Grapevine, Texas.
C. Consideration and Possible Action - Resolution No. R2017-8 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Amended
Memorandum of Understanding with Brazoria Drainage District No. 4 '
associated with right-of-way mowing.
D. Consideration and Possible Action - Resolution No. R2017-7 - A
Resolution of the City Council of the City of Pearland, Texas, adopting
and implementing an Open Ditch Mowing Policy for City facilities.
E. Consideration and Possible Action - The appointment of Vicky Smith
to Position No. 4 to an unexpired term with the term expiring November
1, 2019 to serve on the Parks, Recreation and Beautification Board.
F. Consideration and Possible Action - The appointment of Mitali Paul
to Position No. 7 to an unexpired term with the term expiring November
1, 2018 to serve on the Library Board.
G. Consideration and Possible Action - The appointment of Alpesh
Shukla to (Hotelier) Position No. 2 to an unexpired term with the term
expiring November 1, 2019, and appointment of Margo Green to
(Resident) Position No. 5 to an unexpired term expiring November 1,
2017 to serve on the Convention and Visitor's Bureau Advisory Board.
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H. Consideration and Possible Action Resolution No. R2017-13 - A
' Resolution of the City Council of the City of Pearland, Texas, renewing
a contract for the purchase of Fire Department Uniforms from Galls,
LLC, in the estimated amount of $59,950.00 for the period of January
26, 2017 through January 25, 2018.
I. Consideration and Possible Action - Resolution No. R2017-11 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid for the purchase of three (3) Police Department vehicles from
Silsbee Ford in the amount of $92,751.67 through the TASB Buyboard.
J. Consideration and Possible Action - Resolution No. R2017-10 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid for the purchase of police radio equipment to Motorola Solutions in
the amount of $77,265.78.
K. Consideration and Possible Action - Second and Final 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/self-storage 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.
L. Consideration and Possible Action Resolution No. R2017-6 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a unit supply bid for the purchase of Police Department firearm
ammunition with Bailey's House of Guns, in the estimated amount of
$62,625.40, for the period of January 24, 2017 through January 23,
2018.
M. Consideration and Possible Action - Resolution No. R2017-4 - A
Resolution of the City Council of the City of Pearland, Texas, renewing
a contract for delinquent revenue collections services with NRA Group,
LLC, for a one year period.
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N. Consideration and Possible Action - Resolution No. R2017-12 - A
Resolution of the City Council of the City of Pearland, Texas, updating '
and approving the City's guidelines and criteria for granting tax
abatements within a reinvestment zone created in the City of Pearland,
Brazoria County, Fort Bend County, and Harris County, Texas; providing
a savings clause; providing a severability, clause; and providing for an
effective date.
Councilmember Perez asked that Consent Agenda Items L and N be removed from the
Consent Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through N with the exception of Items L and N as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Perez Consent Agenda Item L was removed for further ,
discussion.
L. Consideration and Possible Action Resolution No. R2017-6 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a unit supply bid for the purchase of Police Department firearm
ammunition with Bailey's House of Guns, in the estimated amount of
$62,625.40, for the period of January 24, 2017 through January 23,
2016.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-6.
City Manager Clay Pearson reported the purchase of these items is needed in order to provide
ammunition for on duty purposes as well as training purposes for the Police Department.
Discussion ensued between Councilmember Perez and Purchasing Officer Bob Pearce
regarding receiving one bid and in the future have other alternatives to open this up to receive
more bids.
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Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
' Voting "No" None.
Motion Passed 6 to 0.
As requested by Councilmember Perez Consent Agenda Item N was removed for further
discussion.
N. Consideration and Possible Action - Resolution No. R2017-12 - A
Resolution of the City Council of the City of Pearland, Texas, updating
and approving the City's guidelines and criteria for granting tax
abatements within a reinvestment zone created in the City of Pearland,
Brazoria County, Fort Bend County, and Harris County, Texas; providing
a savings clause; providing a severability clause; and providing for an
effective date.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R-2017-12.
City Manager Clay Pearson reported the law requires the City to develop Guidelines and
Criteria for tax abatements before entering into such agreements, and stipulate that such
Guidelines are effective for a period of 2 years.
Discussion ensued between Councilmember Carbone and President of Economic
Development Corporation Matt Buchanan regarding Section 2 (d) that states allows inventory
to be eligible for abatement which may include inventory and supplies.
Councilmember Perez stated in the City's Economic Qualifications, one of the qualifiers is the
development must have minimal employees. His concern is a lot of development the City loses
out on potentially for abatement. He stated he has had conversations with people interested in
Pearland, but unwilling to make the investment on the north, west, and lower Kirby area of
Pearland because there is no real value. He would like for the City to find a way to get that
competive edge so we do not lose that value. A way to encourage investment.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
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NEW BUSINESS:
First Reading of Ordinance No. 1535 - An Ordinance of the City Council of the City of '
Pearland, Texas, authorizing issuance of City of Pearland, Texas, water and sewer system
revenue bonds, series 2017A; prescribing the terms thereof; providing for the payment thereof;
awarding the sale thereof; and making other provisions regarding such bonds and matters
incident thereto.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 1535 on its First Reading.
BOSC, Inc. Representative John Robuck gave and an overview of the water and sewer system
revenue bonds, series 2017A.
Councilmember Carbone stated he would like to look at going to the level debt service and
push the principal out and take advantage of the lower rate.
City Manager Clay Pearson stated Council would like to move forward and talk about
restructuring to save back some funds.
Andrews Kurth LLP, Bond Council Rick Witte stated they can revise the amortization schedule
to reflect what Council desires.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to postpone '
Ordinance No. 1535 to February 13, 2017.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. 1536 — An Ordinance of the City Council of the City of
Pearland, Texas, authorizing issuance of City of Pearland, Texas, water and sewer system
revenue bonds, series 20176; prescribing the terms thereof; providing for the payment thereof;
awarding the sale thereof; and making other provisions regarding such bonds and matters
incident thereto.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 1536 on its First Reading.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to postpone
Ordinance No. 1536 to February 13, 2017.
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Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. 2017-15 -A Resolution Expressing Intent to Defease Certain
of the City's Outstanding Bonds.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. 2017-15.
BOSC, Inc. Representative John Robuck gave an overview of expressing Intent to Defease
Certain of the City's Outstanding Bonds.
Discussion ensued between Councilmember Hill and BOSC, Inc. Representative John Robuck
regarding the City's bond rating.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
' Motion Passed 6 to 0.
Second and Final 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.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. CUP -16-00009 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. 16-00009.
City Manager Clay Pearson reported at the first reading on January 9, 2016, Council voted to
approve storage of two truck trailers with other recommendations of Planning and Zoning
' Commission. The ordinance and attachments have been modified in accordance with the City
Council's approval.
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Discussion ensued between Councilmember Carbone and the applicant regarding the parking
lot limited to two spaces is acceptable. '
Voting "Aye" Councilmembers Hill, Perez, Carbone, Moore, and Ordeneaux.
Voting "No" Councilmember Reed.
Motion Passed 5 to 1
Second and Final 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, AsphaltlConcrete 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 Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 2000M-154 on its Second and Final Reading. ,
Mayor Reid read into the record the Planning and Zoning Commission's recommendation to
forward to Council for approval of the Zone Change Application No. 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.
Councilmember Ordeneaux stated the changes to the Planned Development and Planned Unit
Development is better, but there are still some things I wonder why the City is making the
requestor jump through extra hoops.
Councilmember Perez stated he hopes some of the changes will alleviate some of
Councilmember Ordeneaux's concerns. He further stated he thinks this is a good quality move
for Council and the citizens.
Voting "Aye" Councilmembers Perez, Carbone, Moore, and Hill.
Voting "No" Councilmembers Reed and Ordeneaux.
Motion Passed 4 to 2.
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Council Action - Resolution No. R2017-5 - A Resolution of the City Council of the City of
' Pearland, Texas, authorizing a contract for construction management and construction
inspection with PTP Transportation, LLC, Inc., in the amount of $399,864.48 for services
associated with the Fite Road Extension Project (between McLean Road and Veterans Drive).
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-5.
City Manager Clay Pearson reported Council is being asked to approve the Construction
Management and Inspection Services contract for Fite Road Extension Project with PTP
Transportation, LLC in the amount of $399,864.48.
Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager Trent
Epperson regarding the speed limit on this road once it is constructed and building the sound
barrier wall.
Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding and outside company as part of the inspection process.
Mayor Pro -Tem Moore thanked Staff and the Design Firm for allowing input from the residents
regarding the sound barrier wall.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0
Council Action - Resolution No. R2017-14 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing Keep Pearland Beautiful participation in a Textile Recycling
Program with Simple Recycling.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2017-14.
City Manager Clay Pearson reported this will have no financial impact on the City. This is a
contract between Keep Pearland Beautiful (KPB) and Simple Recycling. KPB will receive a
nominal payment on a monthly basis from Simple Recycling dependent on the amount of
materials recycled.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding Simple Recycling being subject to a franchise fee.
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Discussion ensued between Councilmember Hill and Parks and Recreation Director Chris
Orlea regarding Simple Recycling having the same pick up days as Waste Management. '
Councilmember Perez stated he would like to see some form of aggressive advertising
campaign to let the citizens know. There is a lot of cause of confusion when you see a Waste
Management truck and then you see a Simple Recycling truck.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed abstaining.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Mayor Pro -Tem Moore stated there was discussion regarding a Permitting/Conditional Use Permit
(CUP) Committee, he would like to see that at the next Council meeting to start the process of
getting it put in place.
City Manager Clay Pearson stated he has met with several people to get more background
information and some options for Council. He will bring that back to Council in February.
Councilmember Reed stated at the last meeting City Attorney Darrin Coker addressed with '
Council the Planning and Zoning Commission and Pearland Economic Development
Corporation.
City Attorney Darrin Coker stated he forwarded Council some information on what could be
done and in addition to that he forwarded the information to the President of Pearland
Economic Development Corporation Matt Buchanan. The first step that would need to be done
is to present to the board to amend their by-laws. He stated Matt Buchanan will do that in the
near future. Once that is amended it will come before Council for approval.
Councilmember Reed stated the information he received regarding the Planning and Zoning
Commission was the boardmember would resign and once there is a replacement the
boardmember would step down at that time.
City Attorney Darrin Coker stated if you want it to be more of an immediate change that would
require a change to their by-laws as well.
Councilmember Reed stated he is fine with having the boardmember resign, weather they win
or lose they have to resign their position on the board.
City Attorney Darrin Coker stated that is something that can be prepared in an amendment to
their by-laws and presented to Council for consideration.
Councilmember Hill stated his concern regarding the Planning and Zoning Commission holding '
provision if a boardmember resigns they would stay on the board and serve out their term.
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' City Attorney Darrin Coker stated Councilmember Hill is correct there is currently a
constitutional holder provision for the Planning and Zoning Commission.
Councilmember Carbone stated to put it on a future agenda.
Councilmember Reed stated to also put Pearland Economic Development Corporation on a
future agenda.
Councilmember Perez stated in a month or so he would like a follow up on the professional
data of the incentive package regarding alternatives to do with the employee requirements.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:40 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENTCODE
1. Section 551.087 - Consultation with the City Attorney - Regarding
Economic Development Negotiations.
' NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:29 p.m.
No action taken.
ADJOURNMENT
Meeting was adjourned at 8:29 p.m.
Minutes approved as submitted and/or corrected this the 27th day of February, A.D., 2017.
—1" R"V
Tom Reid
Mayor
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