2017-05-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 8, 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 6:34 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Councilmember Greg Hill.
Tom Reid
Gary Moore
Tony Carbone
Derrick Reed
Keith Ordeneaux
Trent Perez
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Matt Buchanan President of Pearland Economic Development
Corporation; J.C. Doyle Police Chief; Trent Epperson Assistant City Manager; Michelle
Graham Director of Human Resource; Jimontanae McBride City Planner; John McCarter
Budget Officer; Cynthia Pearson Director of Finance; Vance Riley Fire Chief; Kim
Sinistore Executive Director of the Convention/Visitors Bureau; Robert Upton City
Engineer; Eric Wilson Public Works Director; Sparkle Anderson Communications Director;
Andrea Brinkley Assistant Director of Public Works; Joel Hardy Interim Management
Assistant; Jennifer Huhn Court Administrator; Skipper Jones Assistant Director of Capital
Projects; Daniel McGhinnis Chief Information Officer; Rick Overgaard Assistant Finance
Director; Johnny Spires Assistant Police Chief.
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, and Perez.
CITIZEN COMMENTS:
George Sandars, 2402 Francis Drive, addressed Council stating his concerns regarding the
streets are in disrepair in Mimosa Acres subdivision an older part of Peadand. He asked if
Mimosa Acres streets are on the schedule for overlay if Council would increase the priority.
CONSENT AGENDA:
A. 1. Consideration and Possible Action: Minutes of the April 10, 2017
Regular Meeting held at 6:30 p.m.
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B.
Consideration and Possible Action - Excuse the Absence of
Councilmember Derrick Reed from the Regular Council Meeting held on
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April 24, 2017.
C.
Consideration and Possible Action - Resolution No. R2017-87 - A
Resolution of the City Council of the City of Pearland, Texas, accepting
the City's Investment Report for the quarter ending March 2017.
D.
Consideration and Possible Action - Resolution No. R2017-89 - A
Resolution of the City Council of the City of Pearland; Texas,
authorizing Cobb Fendley & Associates to perform project management
services, in the amount of $71,147.00 associated with the Hughes
Ranch Road Waterline Project (Task Order No. 3; Smith Ranch Road to
Cullen Parkway).
E.
Consideration and Possible Action - Resolution No. R2017-90 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing Cobb Fendley & Associates to perform project management
services, in the amount of $100,623.00 associated with the Max Road
Project (Task Order No. 2; Reid Boulevard to Hughes Ranch Road).
F.
Consideration and Possible Action - Resolution No. R2017-91 - A
Resolution of the City Council of the City of Pearland, Texas,
'
amending a contract for plan review services with Freese & Nichols,
Inc., by an additional amount of $50,000.00.
G.
Consideration and Possible Action - Resolution No. R2017-93 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Letter Financing
Agreement with the Pearland Municipal Management District No. 1,
and a Reimbursement Agreement with the Pearland Economic
Development Corporation associated with the West Conveyance Pond.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through G as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
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' NEW BUSINESS:
First Reading of Ordinance No. CUP 17-00005 - An Ordinance of the City Council
of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for a liquor/package store in the General Business (GB) zoning district,
Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas,
according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records
of Brazoria County. (Located at 3291 E. Broadway Street, Pearland, TX.)
Conditional Use Permit Application No CUP 17-00005, within the General Business
(GB) zoning district, at the request of Michele Kreft, applicant, on behalf of Dairy Bell
LP, 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 Mayor Pro -Tem Moore to approve
the Ordinance No. CUP 17-00005 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 17-00005.
City Manager Clay Pearson reported Council is being asked for approval of Conditional
Use Permit Application No. CUP 17-00005.
' Councilmember Perez stated he would like staff to add these conditions to the Unified
Development Code (UDC) so they are relevant to all sites and not just this site.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
First Reading of Ordinance No. CUP 17-00004 - An Ordinance of the City Council
of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for a liquor/package store in the General Business(GB) zoning district,
Being 2.832 acres of land out of Lot 110 and Lot F of the subdivision of Alexander,
Crain, Hams & Brooks, Section 1, Abstract Number 147, City of Pearland, Brazoria
County, Texas, also being that certain called East 2.840 acres of 6.6 acres of land
described in deed and recorded in the Official Public Records of Real Property of
Brazoria County, Texas, under County Clerk's File Number 921027 267, said 2.832
acres of land. (Located at 3320 E. Broadway Street, Peadand, TX.) Conditional
Use Permit Application No CUP 17- 00004, within the General Business (GB)
zoning district, at the request of Richard B. Greenawalt for Limmrick Spirits, LLC.,
' applicant, on behalf of Pearland-SC, LTD., 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 Reed to approve
the Ordinance No. CUP 17-00004 on its First Reading.
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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 117-00004.
City Manager Clay Pearson reported Council is being asked for approval of Conditional
Use Permit Application No. CUP 17-00004.
Voting "Aye" Councilmembers Moore, Ordeneaux, Perez, Carbone, and Reed.
Voting 'No" None.
Motion Passed 5 to 0, with Councilmember Hill absent.
First Reading of Ordinance No. 2000M-157 - 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, Massey Tract, being a tract of land containing 212.174 acres (9,242,293
square feet), located within the H. Stevens Survey, Abstract -593 in Brazoria County,
Texas; Said 212.174 acre tract being a portion of a called 138.83 acre tract recorded
in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria
County Clerk's File Number (B.C.C.F. No.) 2010013347, all of a called 5.00 acre tract
of land recorded in the name of William Stephen Summers and wife, Lois Winifrede
Smith Summers in Volume (V.) 1318, Page 9 (P.) 700 of the Brazoria County Deed
Records (B.C.D.R.), all of a called 5.00 acre tract recorded in the name of Lois
,
Winifrede Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called 5.00 acre
tract of land recorded in the name of Lois Winifrede Summers in V. 1775, P. 248 of the
B.C.D.R., all of a called 10.55 acre tract of land recorded in the name of Lois Smith
Summers in B.C.C.F., No. 2013052681. A portion of a called 4.45 acre tract of land
recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, and all of a
called 45.00 acre tract of land recorded in the name of Lois Smith Summers in
B.C.C.F. No. 2013052682; Save and except the following 0.1697 acre tract: being a tract
of land containing 0.1697 acres (7,394 square feet), located in the H. Stevens Survey,
Abstract -593 in Brazoria County, Texas; Said 0.1697 acre tract being all of a called
0.1319 acre tract of land recorded in the name of the City of Pearland, Texas in
B.C.C.F. No. 2011044376 and all of a called 0.0378 acre tract of land recorded in the
name of the City of Pearland, Texas in B.C.C.F. No. 2011044379; and Rogers Tract,
being a tract of land containing 72.279 acres (3,148,490 square feet), located within
C.W. Gross Survey, Abstract- 525 in Brazoria County, Texas; said 72.279 acre tract
being a portion of a called 160 acre tract recorded in the name of Richard Rogers in
Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R.) and all of a
called 13.655 acre tract recorded in the name of H.L.&P. Co. in Volume 1149, Page 240
of the B.C.D.R. ; and a tract of land containing 72.584 acres (3,161,737 square feet),
located within C.W. Gross Survey, Abstract -525 in Brazoria County, Texas; said
72.279 acre tract being a portion of a called 160 acre tract recorded in the name of
Richard Rogers in Volume 103, Page 371 of the Brazoria County Deed Records
(B.C.D.R.) and all of a called 13.655 acre tract recorded in the name of H.L.&P. Co.
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in Volume 1149, Page 240 of the B.C.D.R; Zone Change Application No. ZONE 16-
00010, a request of Peter Boecher, applicant, on behalf of Lois Summers and Rogers
Families, owner; for approval of a change in zoning from Single -Family Estate
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' (R -E) to Planned Development (PD) zoning district for the development of
"Massey Oaks" a single-family residential development; on approximately
356.867 acres of land; 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 Ordeneaux made the motion, seconded by Councilmember Reed to
approve the Ordinance 2000M-157 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Zone Change Application No. ZONE 16-00010.
Chris Patterson, 19 Briar Hollow Lane, addressed Council thanking them for their input
and dedication regarding some issues that were discussed and worked through. He would
appreciate Council's approval on this item.
City Planner Jai McBride gave an overview of the "Massey Oaks" single-family residential
development.
City Manager Clay Pearson stated a portion of this property will need to go through a
separate annexation process before the City can zone ft. By having the first reading keeps
' things moving, but Council will not see the second reading until the end of Jul,,
Councilmember Carbone asked to hear from the Developer regarding the two items that
Staff recommends.
Chris Patterson stated this property is 370 acres, a very large scale tract of land. He
appreciates where Staff is coming from, but it is difficult to give the level of detail Staff is
seeking for the number of trees and benches over 370 acres of development. It is not
feasible for the company to design to that level at the zoning stage. Planning and Zoning
was aware of that and it was not a condition of Planning & Zoning's approval process. He
requested that this not be made a condition and to go with the recommendation that the
Planning & Zoning Commission forwarded to Council.
Reed Wilson Council for the Developer addressed Council stating we all want to get the
issues with the school system boundaries resolved. He stated he has reached out to the
School Districts and there is a meeting scheduled to meet and try to get this resolved. He
further stated they recognize it is subject to the approval of both school districts.
Councilmember Reed stated he is not opposed to the development in general, but seeing
what other neighborhoods in Peadand are going through with the division of school
districts he cannot consciously vote for it and do the right thing by the residents.
' Mayor Pro -Tem Moore stated he has also been concerned regarding the school districts
and would like to see that resolved before it comes back in July for the second reading.
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Councilmember Ordeneaux stated his biggest issue is density, he truly believes if the City ,
keeps going down this road it will affect every study and plan the City has. Taking Single -
Family Estate (R -E) and commercial property and rezoning it, basically becoming a Single -
Family Residential District (R3) or a Single -Family Residential District (R4) type density
development. He cannot support this. He further stated he does agree with getting the
school district issue resolved before Council approval.
Councilmember Perez stated regarding the school district issue he feels comfortable
tonight voting yes, but getting the issue resolved before the second reading. He further
stated his concerns regarding the lack of detail of the Planned Development (PD). The lack
of clarity in the Planned Development (PD) early on prevents the City from being able to
enforce what the Developer promised. He will feel comfortable in voting yes tonight, but
until the Planned Development (PD) has more detail and the school district issue is
resolved he will not vote yes on the second reading.
Ron Cobb Developer of Massey Oaks stated it is his full intention to do what is right. He
totally accepts Staffs language regarding the school district to not be split.
Voting "Aye" Councilmembers Perez, Carbone, Reed, and Moore.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1, with Councilmember Hill absent. '
Council Action - Resolution No. R2017-94 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing an Advanced Funding Agreement with the State
of Texas, in the amount of $8,587,000.00 for the Mykawa Road Project (FM 518 to
Beltway 8).
Councilmember Perez made the motion, seconded by Councilmember Carbone to
approve the Resolution No. R2017-94.
Assistant City Manager Trent Epperson gave an overview on the Advanced Funding
Agreement with the State of Texas for the Mykawa Road Project.
Councilmember Ordeneaux stated he is glad to see this project, it is going to be very
beneficial to the City. It is amazing the amount of traffic in that area. This is a regional
roadway and another way for Pearland residents to get in and out of Houston.
Councilmember Perez stated this project has been long in the making. He commended
Mayor Reid and Assistant City Manager Trent Epperson for their hard work and knowledge
on this project.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, and Ordeneaux. '
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Hill absent
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' Council Action - Resolution No. R2017-92 - A Resolution of the City Council of
the City of Pearland, Texas, approving Windstorm Insurance through AmRisc Carriers
and Lloyds of London in the amount of $531,877.00 for the period of May 26, 2017 to
May 26, 2018 with a two year guarantee.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. R2017-92.
City Manager Clay Pearson reported Council is being asked to approve the Windstorm
Insurance through AmRisc Carriers and Lloyds of London.
Discussion ensued between Councilmember Carbone and Risk Manager Georgina Ybarra
regarding the difference between option 1 and 2.
Discussion ensued between Councilmembers, City Attorney Darin Coker and Henna
Patel Windstorm Insurance Representative regarding the confusion of the two options,
cancellation and penalties.
Councilmember Carbone stated he would like to get more information on the Windstorm
Insurance and options.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
postpone Resolution No. R2017-92 to the next scheduled Council meeting of May 22,
2017.
Voting "Aye" Councilmembers Carbone, Moore, and Ordeneaux.
Voting "No" Councilmembers Reed and Perez.
Motion Passed 3 to 2, with Councilmember Hill absent.
Council Input and Discussion: Potential Mid -year Allocation of Over -Policy Funds.
City Manager Clay Pearson stated the purpose of this discussion is to gain feedback and
direction on the opportunity to allocate over -policy fund balance.
Discussion ensued between Councilmember Perez, Assistant City Manager Trent
Epperson and City Engineer Robert Upton regarding hiring two Project Senior Managers,
and staff obligation.
City Manager Clay Pearson asked Council for consideration regarding the six (6)
additional Firefighters and equipment for reducing mandatory overtime.
' Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding preliminary Engineering for mobility projects.
Page 7 of 10 - 5/8/2017
Discussion ensued between Councilmember Reed, Councilmember Perez, Mayor Pro- ,
Tem Moore, Councilmember Ordeneaux, Assistant City Manager Trent Epperson and
City Attorney Darrin Coker regarding the funds for the services of Cobb Fendley to take
pictures associated with the construction of new receiver cells.
Councilmember Reed stated he would like to see a breakdown of the services provided
by Cobb Fendley.
Councilmember Ordeneaux stated Staff did a good job looking at issues city wide, he
likes the information Staff provided. He does not want to reduce the funding for streets
and sidewalks.
Discussion ensued between Councilmember Reed, City Manager Clay Pearson and
Assistant Police Chief Johnny Spires regarding the funds for Dispatch Center furniture.
Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager Trent
Epperson regarding the expansion of Baily Road and the overpass.
Council Input and Discussion: Regarding payments in lieu of Sidewalks
Assistant City Manager Trent Epperson stated this discussion is regarding sidewalks built
to meet code are needed to link to existing or future sidewalks. Where the City is currently '
accepting in -lieu funds is in accordance with the code and are on roadways where no
sidewalks exist or where the City has a pending Capital Improvement Program.
Councilmember Perez stated what the City is doing now is not working. He would like to
see the City do something that makes a little more sense than what is being done now. He
would like to explore a way to create this program that will offer a benefit for the City and
the Developer that will help fund the sidewalk gap program, to be used in a place where
sidewalks are needed opposed to a place where they are not needed.
Councilmember Ordeneaux stated this has been an issue he has struggled with since
before he was elected to Council. He has tried to come up with a plan that would work, but
he has not found a plan that would actually solve the problem. He further stated he would
like to see something concrete that sidewalks are on both sides of a street.
Discussion ensued between Mayor Pro -Tem Moore and Councilmembers Perez and
Ordeneaux regarding sidewalks on both sides of a street verses only on one side of the
street.
Page 8 of 10 - 5/8/2017
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Councilmembers Perez, Carbone and Reed asked to put on the next Executive Session
the scope of an environmentalist consultant for Blue Ridge Cell construction and to
establish a rate for services.
City Attorney Darrin Coker stated he will schedule it for the first Regular Council meeting
in June 2017.
Councilmember Carbone stated he would like to follow up regarding the citizen comment
of the schedule for overlay for the streets in Mimosa Acres.
Councilmember Ordeneaux stated he would also like to see the overlay schedule for
streets and where Mimosa Acres is on the schedule.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:52 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
' 1. Section 551.087 - Consultations with City Attorney — Regarding
Economic Development Negotiations.
Council returned from Executive Session at 9:18 p.m.
NEW BUSINESS CONTINUED:
Council Action - Regarding Economic Development Negotiations.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux
authorizing the City Manager or his designee to enter into a revised Tax Abatement
Agreement with Pearland Economic Development Corporation prospect 1503.
Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, and Perez.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Reed absent from the Chamber and
Councilmember Hill absent.
Page 9 of 10 — 5/8/2017
ADJOURNMENT
Meeting was adjourned at 9:19 p.m.
Minutes approved as submitted and/or corrected this the 12t1 day of June, A.D., 2017.
Tom Reid
Mayor
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