2017-02-13 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 13, 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 Lofting
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;
Lata Krishnarao Director of Community Development; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Kim Sinistore Executive Director of the
ConventionNisitors Bureau; Eric Wilson Public Works Director; Sparkle Anderson
Communications Director; Skipper Jones Assistant Director of Capital Projects; Robert
Upton City Engineer; John McCarter Management Assistant; Daniel McGhinnis Chief
Information Officer; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing
Officer.
The invocation was given by Mayor Pro -Tem Moore and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers, Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Carol Artz-Buoek, President/CEO of the Pearland Chamber of Commerce, addressed
Council reminding everyone of Pearland Day in Austin, Texas the week of February 21s'
through the 241h 2017.
CONSENT AGENDA:
A. Minutes of the December 12, 2016, Regular Meeting held at 6:30 p.m.
Minutes of the December 19, 2016, Regular Meeting held at 5:30 p.m.
Minutes of the December 19, 2016, Joint Special Meeting held at 6:30
p.m.
Page 1 of 16 2-13-2017
B.
Consideration and Possible Action - Resolution No. R2017-16 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
'
unit supply contract for general plumbing services with K. R. Allen
Services, in the total estimated amount of $95,000.00 for the period of
March 1, 2017 through February 28, 2018.
C.
Consideration and Possible Action - Resolution No. R2017-21 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City manager or his designee to enter into an amended contract
with 5Engineering, LLC, in the additional amount of $71,435.00, for
engineering services associated with the Mykawa Lift Stations Project.
D.
Consideration and Possible Action - Resolution No. R2017-32 - A
Resolution of the City Council of the City of Pearland, Texas,
amending a fixed unit cost contract for building plan review and
inspection services with AG/CM Inc., in the additional amount of
$102,000.00, and a total contract amount not to exceed $150,000.00.
E.
Consideration and Possible Action - Resolution No. R2017-28 -
Resolution of the City Council of the City of Pearland, Texas, changing
the City Council regular meeting times and dates for March 2017 from
March 6, 2017 at 6:30 pm to March 20, 2017 at 5:30 pm.
F.
Consideration and Possible Action - Resolution No. R2017-17 — A
,
Resolution and Order of the City Council of the City of Pearland,
Texas, ordering the holding of a General and Special Election to be
held on Saturday, May 6, 2017, for the purpose of electing the Mayor,
Councilmember Position No. 3, New Councilmember Position No. 7
and a Special Election to fill a vacancy on Councilmember Position No.
5 an unexpired term expiring May 4, 2019, in and for the City of
Pearland, Texas; establishing polling places; naming clerks; and
establishing procedures for said Regular City Officers and Special
Election.
G. Consideration and Possible Action - Resolution No. R2017-19 - A
Resolution of the City Council of the City of Pearland, Texas,
conveying an easement to Centerpoint Energy for electrical service in
the vicinity of Pearland Parkway.
H. Consideration and Possible Action - Resolution No. R2017.22 A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for the lease of Multi -function Devices (printers,
copier, scanners) to Ricoh Business Solutions in the estimated annual
amount of $97,000 for the period of March 13, 2017 through March 12, '
2020.
Page 2 of 16 2-13-2017
Councilmember Carbone asked that Consent Agenda Item H be removed from the
Consent Agenda for further discussion.
Councilmember Perez asked that Consent Agenda Item D 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 H with the exception of Items D and H as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Perez Consent Agenda Item D was removed for further
discussion.
D. Consideration and Possible Action - Resolution No. R2017-32 - A
' Resolution of the City Council of the City of Pearland, Texas, amending a
fixed unit cost contract for building plan review and inspection services with
AG/CM Inc., in the additional amount of $102,000.00, and a total contract
amount not to exceed $150,000.00.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. R2017-32.
City Manager Clay Pearson reported these vacancies have required the City to regularly
depend on third party services to supplement the sustained level of inspection activity and
has rapidly brought expenditures near the maximum contract amount while only one third
of the way through the contract.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Perez absent from the Chamber.
As requested by Councilmember Carbone Consent Agenda Item H was removed for
further discussion.
Page 3 of 16 2-13-2017
H. Consideration and Possible Action - Resolution No. R2017-22 A '
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for the lease of Multi -function Devices (printers,
copier, scanners) to Ricoh Business Solutions in the estimated annual
amount of $97,000 for the period of March 13, 2017 through March 12,
2020.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. R2017-22.
City Manager Clay Pearson reported in November 2013, City Council authorized
replacement of the City's inventory of twenty-eight (28) multifunction devices (MFDs)
utilizing the HCDE cooperative purchasing program for a 36 -month lease with Dahill for
Xerox machines. The majority of those leases expire in March 2017. Purchasing staff
recently conducted a solicitation of sealed proposals for replacement MFDs, with the IT
Department recommending two changes. The first change is all equipment should have
color print capability. The second change is to add one unit to the Public Works Annex
location to replace multiple desk top printers.
Discussion ensued between Councilmember Carbone, Deputy City Manager Jon Branson
and Purchasing Officer Bob Pearce regarding the need for all equipment having color
print capability.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. ,
Voting "No" None.
Motion Passed 6 to 0.
NEW BUSINESS:
First and Only 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, and declaring an
emergency (Water and Wastewater.)
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Ordinance No. 1535 on its First and Only Reading.
City Manager Clay Pearson reported the Water Meter Changeout project has a 2 year
duration, which includes a selection process for the new meters and software system, and
the software and hardware implementation phase, which includes the installation of any ,
transmission infrastructure and meter changeout.
BOSC, Inc. Representative John Robuck gave an overview of the financials for this item
and the next item, Ordinance No. 1536.
Page 4 of 16 2-13-2017
' Discussion ensued between Councilmember Carbone and BOSC, Inc. Representative
John Robuck regarding the savings the City will see.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First and Only 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; making other provisions
regarding such bonds and matters incident thereto, and declaring an emergency (Water
and Wastewater.)
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Hill to approve the
Ordinance No. 1536 on its First and Only Reading.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, Carbone, and Reed.
Voting "No" None.
' Motion Passed 6 to 0.
Council Action - Resolution No. 2017-34 - A Resolution of the City Council of the
City of Pearland, Texas, expressing intent to defease certain of the City's
outstanding bonds (Water and Wastewater.)
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-34.
City Manager Clay Pearson repotted the City has several callable bond issues and in
conjunction with our Financial Advisors we believe a cash defeasance of $1,470,000 in
principal amount from the 2031 maturity of the Series 2006 Water and Sewer System
Revenue and Refunding Bonds would be appropriate.
BOSC, Inc. Representative John Robuck gave a power point presentation on the
Defeasance Certificate for Resolution.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0.
Page 5 of 16 2-13-2017
Council Action - Resolution No. R2017-31 - A Resolution of the City Council of the '
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Reimbursement and Maintenance Agreement between the City and the Pearland
Economic Development Corporation; and awarding a competitive concealed proposal
for the construction of the Kirby Drive Entryway and Corridor Enhancements Project to
Landscape Art, Inc., in the estimated amount of $1,093,035.60.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore to approve the
Resolution No. R2017-31.
President of Pearland Economic Development Corporation Matt Buchanan gave an
overview of this item and the next two items because all three are related regarding the
Reimbursement and Maintenance Agreement between the City and the Pearland
Economic Development Corporation for the construction of the Kirby Drive Entryway and
Corridor Enhancements Project.
Discussion ensued between Councilmember Perez and President of Pearland Economic
Development Corporation Matt Buchanan regarding the medians, landscaping and in the
future if left turn lanes are required.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R201730 - 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 between the City of Pearland, Lower Kirby Pearland
Management District, and the Pearland Municipal Management District No. 1
(collectively, the "Districts") for maintenance of improvements associated with the
Gateways and Corridor Enhancements Master Plan serving the Districts.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. R2017-30.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-29 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into '
an Amended Municipal Management Agreement between the City of Pearland and
the Texas Department of Transportation ("TXDot") associated with the Kirby Drive
Entryway Sign and Corridor Enhancements.
Page 6 of 16 2-13-2017
' Councilmember Carbone made the motion, seconded by Councilmember Reed to
approve the Resolution No. R2017-29.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. CUP 16-00014 - An Ordinance of the City Council
of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit
to allow for a food storelsupermarket in the Light Industrial (M-1) zoning district,
all of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey,
Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-
half of tract 123 of the subdivision of the A.C.H. & B. Survey, Section 1 according to
the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County,
Texas, said tract being that portion of the north one-half of Tract 123 lying West of
State Highway No. 35 (a.k.a Main Street) (3200 block of Main Street, south of
Swensen Road, on the west side of Main Street). Conditional Use Permit Application
No CUP 16-00014, within the Light Industrial (M-1), at the request of Jose Urioste,
applicant, on behalf of Rafael Ortega, owner, 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 Councilmember Ordeneaux to
approve the Ordinance No. CUP 16-00014 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council to deny the Conditional Use Permit Application No CUP 16-00014.
City Manager Clay Pearson reported this is a second application for a food
store/supermarket use on this site. A previous application that included general retail
lease space was submitted and denied by City Council in October of 2016. Given the
future land use plans staff is not able to recommend this request.
Councilmember Reed stated the applicant was not present at the last reading and the
applicant is not present tonight, he has made his decision on how he will be voting
tonight.
Councilmember Carbone asked how many votes to approve this request since it was
denied at the Planning and Zoning meeting.
City Attorney Darrin Coker stated since there are six Councilmembers it will take five
votes to be approved tonight.
Page 7 of 16 2-13-2017
Voting "Aye" Councilmembers Carbone and Perez. '
Voting "No" Councilmembers Reed, Moore, Ordeneaux, and Hill.
Motion Failed 4 to 2.
First Reading of Ordinance No. CUP 16-00017 - An ordinance of the City Council
of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit to
allow a hotel/motel in the General Business (GB) zoning district, being 1.8060 acre
(78,667 square feet) tract of land and being a portion of Lot 80 of the Allison Richey
Gulf Coast Home Company's Subdivision as recorded in Book 2, Page 23 Brazoria
County map Records in the H.T.& B.R.R. Company Survey Abstract 506, Brazoria
County, Texas. (Located at 8541 Broadway Street (west of Cullen Boulevard on
the northwest comer of intersection of Broadway Street and the USPS access
driveway), Pearland, TX.) Conditional Use Permit Application No CUP 16-00017,
within the General Business (GB) zoning district, at the request of Y Ali Khan of GK
Hospitality Development, LLC, applicant, on behalf of Kevin Ngo, 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 Hill to approve the
Ordinance No. CUP 16-00017 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to '
forward to Council for approval of Conditional Use Permit Application No CUP 16-00017.
City Manager Clay Pearson reported this is a second application for this use on this site.
A previous application was submitted and denied by the City Council in October of 2016.
This request is for approval of a Conditional Use Permit (CUP) on approximately 1,8060
acres of land, located at 8541 Broadway Street, to allow for a hotel/motel in the General
Business (GB) Zoning District.
Discussion ensued between Councilmember Perez and Director of Community
Development Lata Krishnarao regarding the maximum height of the building is 45 feet
with a portion of gable at maximum 55 feet.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, Carbone, and Reed.
Voting "No" None.
Motion Passed 6 to 0.
City Attorney Darrin Coker stated the next five items are all related to the Max Road
Project from FM 518 to Hughes Ranch Road, the acquisition of right-of-way. State law '
requires the Council to read the entire caption as part of the motion.
Page 8 of 16 2-13-2017
' Council Action -Resolution No. R2017-23 - 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; being a 2.409 acre (104,939 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas,
being out of Lot 30, Section 9 of Allison - Richie Gulf Coast Home Company's
Subdivision according to the map or plat thereof recorder under Volume 2, Page 23 of
the Plat Records of Brazoria County, Texas, said Lot 30 being conveyed to Hurst S.
Barbee by deed filed under Clerk's File Number 96-002907 (50% interest) of the Official
Public Records of Brazoria County, Texas for the construction and maintenance of
water, sewer, drainage and road improvements (Max Road Project) 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve Resolution No. R2017 -23 -
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore
Voting "No" None.
Motion Passed 6 to 0.
' Council Action - Resolution No. R2017-24 - 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; being a 0.4008 of one acre (17,460 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being
out of Lot 27, Section 9 of Allison Richie Gulf Coast Home Company's Subdivision
according to the map or plat thereof recorder under Volume 2, Page 23 of the Plat
Records of Brazoria County, Texas, being out of the residue of said Lot 27 to James F.
Anthony and Wife, Eleanor Anthony by deed recorded under Volume 667, Page 325 of
the Deed Records of Brazoria County, Texas, for the construction and maintenance of
water, sewer, drainage and road improvements (Max Road Project) 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve the Resolution No. R2017-24.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
' Voting "No" None.
Motion Passed 6 to 0.
Page 9 of 16 2-13-2017
Council Action - Resolution No. R2017-25 - 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; being a 0.2255 of one acre (9,823 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being
out of Lot 23, Section 9 of Allison -Richie Gulf Coast Home Company's Subdivision
according to the map or plat thereof recorder under Volume 2, Page 23 of the Plat
Records of Brazoria County, Texas, being out of a called 4.93 acre tract of land
described as the north 1/2 of said Lot 23 as conveyed to Gurinda Akhtar by deed
file under Clerk's File Number 2014006307 of the Official Public Records of Brazoria
County, Texas, for the construction and maintenance of water, sewer, drainage and
road improvements (Max Road Project) 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve the Resolution No. R2017-25.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0. '
Council Action - Resolution No. R201746 - 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; being a 0. 1524 of one acre (6,639 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being
out of Lot 22, Section 9 of Allison -Richie Gulf Coast Home Company's Subdivision
according to the map or plat thereof recorder under Volume 2, Page 23 of the Plat
Records of Brazoria County, Texas, being out of a called 3.000 acre tract of land out of
said Lot 22 as conveyed to Gurinda Akhtar by deed filed under Clerk's File Number
2014024702 of the Official Public Records of Brazoria County, Texas, for the
construction and maintenance of water, sewer, drainage and road improvements (Max
Road Project) 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve the Resolution No. R2017-26.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore.
Voting "No" None. ,
Motion Passed 6 to 0.
Page 10 of 16 2-13-2017
Council Action - Resolution No. R2017-27 - 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; being a 1.012 acre (44,072 square feet) parcel of land situated in
the H.T. & B.R.R. Co. Survey, Abstract 234 in Brazoria County, Texas, being out of Lots
21 22, Section 9 of Allison -Richie Gulf Coast Home Company's Subdivision
according to the map or plat thereof recorder under Volume 2, Page 23 of the Plat
Records of Brazoria County, Texas, being out of a called 16.681 acre tract of land
described as all of said Lot 21 and part of said Lot 22 conveyed to Ambedyn Homes
LLC, by deed filed under Clerk's File Number 2014015517 of the Official Public
Records of Brazoria County, Texas, for the construction and maintenance of water,
sewer, drainage and road improvements (Max Road Project) 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve the Resolution No. R2017-27.
Councilmember Carbone asked for a summary regarding the power of eminent domain to
acquire fee simple title to certain property.
City Attorney Darin Coker reported in this case this is a City project funded by TxDOT. All
' the offers the City made to the property owners are going to TOOT to be approved by
TOOT before the case can be settled. Each property owner contacted are given an
appraisal of their property and a land owner's bill of rights that explains their rights as a
property owner and dealing with the City. The City has to pay fair market value for the
property. Sometimes the property owner disagrees and the property owner can get their
own appraisals and challenge what the appraisal is. In the past the majority settles. In this
case there is a total of fifteen parcels being acquired and five have gotten to the point
where the City has to file a resolution to exercise the power of eminent domain.
Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-18 - A Resolution of the City Council of the
City of Pearland, Texas, renewing a unit supply bid for mechanical services,
maintenance and repairs for Public Works facilities to STP Services, in the estimated
amount of $500,000.00, for the period of February 24, 2017 to February 23, 2018.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore to approve the
' Resolution No. R2017-18.
Page 11 of 16 2-13-2017
City Manager Clay Pearson reported Council is being asked for approval to renew a '
contract for mechanical services, maintenance and repairs for Public works facilities to
STP Services with a total expenditure estimated at $500,000.00 for the period of February
24, 2017 to February 23, 2018.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-20 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing a variance to Chapter 4, Alcoholic Beverages, of
the Cit/,s Code of Ordinances, authorizing the sale of beer and wine (off -premise
consumption only) at a distance not closer than 250 feet from a public school property
line (Shadycrest Elementary).
Councilmember Perez made the motion, seconded by Councilmember Carbone to
approve the Resolution No. R2017-20.
City Attomey Darrin Coker reported there has been a request for a distance variance
application for a proposed grocery store, at the southeast corner of Broadway and Liberty '
Drive, currently abutting the property line of Shadycrest Elementary. The City's alcohol
regulations prohibit alcohol from being sold within 300 feet of a public school. The
applicant would like to seek a variance of 250 feet. The variance request is limited to the
sale of beer and wine for off -premise consumption only. The resolution as prepared only
grants 50' variance which means the variance would not be effective until the property is
replatted to create a separate lot that would separate the boundary of the grocery store
and the school by approximately 250 feet.
LiDL Grocery Store Representative Kelsey Osha gave a presentation to introduce their
brand since they are currently not located in the United States.
Councilmember Perez stated he is not in favor of this variance, the rule is there for a
reason. He would rather the applicant come to Council requesting another location in
Pearland or modify the design.
Councilmember Hill stated he does not have a problem with a grocery store in that
location. He further stated Councilmember Perez has a point and if the design could be
modified would be good.
Councilmember Ordeneaux stated he is going to abstain.
Mayor Pro -Tem Moore stated he does not like to see a request for a variance, because '
the rules are there for a reason. If some modifications could be done to the design would
be great.
Page 12 of 16 2-13-2017
Councilmember Reed stated he does not see an issue. If the building is moved 44 feet he
does not have a problem with the grocery store in that location.
Discussion ensued between Councilmember Carbone and Director of Community
Services Lata Krishnarao regarding if a Conditional Use Permit (CUP) is required.
Councilmember Carbone stated Councilmember Perez made some good points. He
further stated if Council moves forward out of respect he would like to postpone this item
to be able to have some communication with the School Trustees.
Councilmember Carbone made the motion, seconded by Councilmember Perez to
postpone Resolution No. R2017-20.
Voting "Aye" Councilmembers Carbone, Perez, and Reed.
Voting "No" Councilmembers Hill and Moore.
Motion Passed 3 to 2, with Councilmember Ordeneaux abstaining.
City Manager Clay Pearson stated the applicant will need to reach out to the School
Trustees to explain what they would like to do. The City does not need to get in the middle
of this.
' Council Input and Discussion - Regarding the Formation of Council committee for
Review of Conditional Use Permits (CUP) and related requirements and processes.
City Manager Clay Pearson reported there was discussion around a City Council -
appointed ad hoc committee. Such a committee could help to bring together perspectives
to review and offer suggestions for the elected representative and public input,
requirements, professional expectations, etc. with Conditional Use Permits.
Mayor Pro -Tem Moore stated he would like a small business owner, someone from the
outside to serve on this committee. He further stated his idea for this committee is to help
individuals to go through this process to make it easier for them.
Councilmember Perez stated he agrees, the idea of this is to discuss the processes.
Councilmember Hill stated the three Councilmembers that are to be on this committee
should meet, figure out who else is going to be on this committee, call a meeting and
discuss the processes to find ways to make it easier for applicants.
City Attorney Darrin Coker stated since this is a discussion item and no action to be
' taken, he would recommend this to be an action item for the next Council meeting to
formally appoint Councilmembers that you would like to be on that committee. If a
committee is created without taking formal action it raises more eyebrows.
Page 13 of 16 2-13-2017
Council Input and Discussion - Regarding term limits and automatic- resignation ,
requirements for the Planning and Zoning Commission and the Pearland Economic
Development Corporation.
City Attorney Darrin Coker reported this item was the request of two councilmembers.
The purpose is to discuss term limits and automatic resignation requirements for the
Planning and Zoning Commission and the Pearland Economic Development Corporation.
For the Planning and Zoning Commission the City Charter establishes 7 positions and
sets the terms at 3 years, and only indicates that subsequent reappointments are for 3
years with no term limits. Tenn limits could be adopted by Council without a Charter
amendment. Regarding the automatic resignation, it is important to note that Article XVI,
Section 17 of the Texas Constitution requires the individual that automatically resigns to
continue performance of their duties (as a holdover) until their successor is duly qualified.
The only way the auto -resign requirement could be avoided would be through a Charter
Amendment that reduces the terms of Planning & Zoning members from 3 to 2 years. He
stated regarding the Pearland Economic Development Corporation members serve 2
year terms with a limit of 3 consecutive terms (6 years maximum) unless Council
exercises its discretion to refuse a reappointment. These rules are contained in the PEDC
Bylaws which were ratified by Council. The PEDC is a separate corporation and not
considered to be a governmental body. This fact, plus the fad the terms of office are only
2 years render the statutory Resign to Run provision inapplicable to PEDC board
members. Regardless, the PEDC bylaws could be amended by City Council to include a
resign to run provision, and such an amendment will be considered by the PEDC Board '
this month.
Councilmember Perez stated he is in favor of adding the automatic resignation provision.
Councilmember Hill stated he is ok with having an auto -resignation provision for Pearland
Economic Development Corporation. He thinks they should leave Planning and Zoning
like it is.
Councilmember Ordeneaux stated he does not have a problem with the auto -resignation
provision for Pearland Economic Development Corporation.
Mayor Pro -Tem Moore stated he does not think the Planning and Zoning Commission
needs the auto -resignation provision.
Councilmember Reed stated he has no comments.
Councilmember Carbone stated he has no comments.
City Attorney Darrin Coker stated he will update Council after the Pearland Economic
Development Corporation meets. If they approve the auto -resignation provision it will ,
come back to City Council to ratify their amended bylaws.
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I
Council adjourned into Executive Session under Texas Government code at 8:00 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.087 - Consultation with City Attorney — Regarding
Economic Development Negotiations.
2. Section 551.071 - Consultation with City Attorney — Regarding Texas
Commission on Environmental Quality related issues.
3. Section 551.071 - Consultation with City Attorney — Regarding
Property Development.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:31 p.m.
Council Action: Regarding Property Development.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
' authorize Mayor Tom Reid to sign on behalf of City Council a letter of no objection to the
proposed legislation creating the Brazoria County Municipal Utility District No. 69.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux abstaining.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Mayor Pro -Tem Moore stated he would like to see on a future agenda the Ethics Ordinance
to review.
ADJOURNMENT
Meeting was adjourned at 9:33 p.m.
Page 15 of 16 2-13-2017
Minutes approved as submitted and/or corrected this the 271h day of March, A.D., 2017. '
Tom Reid
Mayor
ATTEST
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Seccalary r
Page 16 of 16 2-13-2017