2017-06-12 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 12, 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 6:33 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
J. David Little
Councilmember
Trent Perez
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Ordeneaux.
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager, Michelle
Graham Director of Human Resource; John McCarter Budget Officer; Chris Orlea
' Director of Parks and Recreation; Cynthia Pearson Director of Finance; Vance Riley
Fire Chief; Kim Sinistore Executive Director of the Convention/Visitors Bureau; Johnny
Spires Police Chief; Robert Upton City Engineer; Eric Wilson Director of Public Works;
Sparkle Anderson Communications Director; Andrea Brinkley Assistant Director of
Public Works; Joel Hardy Interim Management Assistant; Skipper Jones Assistant
Director of Capital Projects; Daniel McGhinnis Chief Information Officer; Rick Overgaard
Assistant Finance Director; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Reed and the Pledge of Allegiance was
led by Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Little, and Perez.
Mayor Reid recognized the Government class of the Pearland Independent School
District in attendance.
CITIZEN COMMENTS:
Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regarding
traffic problems that will be caused by new businesses going in along Dixie Farm Road
' Andrew Gallagher, 7711 South Meadow Drive, addressed Council stating his concerns
regarding the professional qualifications for Project Mangers in the year 2000.
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CONSENT AGENDA: '
A. Consideration and Possible Action - Approval of Minutes:
Minutes of the May 8, 2017 Regular Meeting held at 6:30 p.m.
Minutes of the May 15, 2017 Special Meeting Canvass held at 6:00 p.m.
Minutes of the May 15, 2017 Joint Public Hearing held at 6:30 p.m.
B. Consideration and Possible Action - Resolution No. R2017-119 - A
Resolution of the City Council of the City of Pearland, Texas,
approving continued participation in the Criminal Justice Division -
General Victim Assistance Direct Services Grant Program.
C. Consideration and Possible Action - Resolution No. R2017-120 - A
Resolution of the City Council of the City of Pearland, Texas, accepting
the findings of the Citygate Final Report for Fire Department Standards
of Cover and Staffing.
D. Consideration and Possible Action - Resolution No. R2017-117 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid for the purchase of SCBA cylinders from Metro Fire Apparatus
Specialists in the amount of $58,200.00 through Buyboard.
E. Consideration and Possible Action - Resolution No. R2017-115 - A ,
Resolution of the City Council of the City of Pearland, Texas, renewing
a unit price bid award for the purchase of police department uniforms
from Cop Stop, with an estimated annual expenditure of $120,000 for
the period of June 23, 2017 through June 22, 2018.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to
adopt Consent Agenda Items A through E as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Little, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
MATTERS REMOVED FROM CONSENT AGENDA: None.
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' NEW BUSINESS:
First Reading of Ordinance No. 1537 —An Ordinance of the City Council of the City of
Pearland, Texas, authorizing issuance of City of Pearland, Texas, water and sewer
system revenue and refunding bonds, Series 2017C; prescribing the terms and
conditions thereof; providing for the payment thereof; establishing parameters with
respect to the sale of the bonds; authorizing the preparation and distribution of an
official statement to be used in connection with the sale of the bonds; making other
provisions regarding such bonds and matters incident thereto; authorizing execution
and delivery of a paying agent/registrar agreement and an escrow agreement; and
containing other matters related thereto.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Ordinance No. 1537 on its First Reading.
Director of Finance Cynthia Pearson gave an overview of the fiscal year 2017 budget
City Engineer Robert Upton gave an overview of the various Capital Improvement
Projects.
BOSC, Inc. Representative John Robuck summarized the projects and the funding of
' the projects.
Discussion ensued between Councilmember Carbone and BOSC, Inc. Representative
John Robuck regarding no restructure of principal payments of the General Obligation
refunding is purely for interest cost savings.
Discussion ensued between Councilmember Carbone, City Engineer Robert Upton and
Assistant City Manager Trent Epperson regarding the 2007 Bond, Capital Improvement
Projects and City facilities.
Voting "Aye" Councilmembers Reed, Moore, Little, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
First Reading of Ordinance No. 1538 — An Ordinance of the City Council of the City of
Pearland, Texas authorizing issuance of City of Pearland, Texas, permanent
improvement and/or refunding bonds in one or more series; setting certain parameters
for the bonds; authorizing refunding of certain outstanding obligations; authorizing a
pricing officer to approve the amount, the interest rate, price, and terms thereof and
' certain other procedures and provisions relating thereto.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed to approve
the Ordinance No. 1538 on its First Reading.
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City Manager Clay Pearson stated there are no additional comments. '
Voting "Aye" Councilmembers Moore, Little, Perez, Carbone, and Reed.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Council Action — Resolution No. R2017-122 —A Resolution of the City Council of the
City of Pearland, Texas, authorizing publication of notice of intention to issue
Certificates of Obligation, in an aggregate principal amount not to exceed $6,455,000,
for the acquisition, construction and improvement of certain public works, authorizing
distribution of a preliminary official statement relating to such series of Certificates and
authorizing certain other matters relating thereto.
Councilmember Little made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. R2017-122.
Councilmember Carbone stated these Certificates of Obligation is debt the
residents/voters did not approve. The renovations of City facilities have already started,
he believes this should have been approved by the residents/voters, and that is why he
will be voting no.
Voting "Aye" Councilmembers Little, Perez, and Moore.
Voting "No" Councilmembers Carbone and Reed.
Motion Passed 3 to 2, with Councilmember Ordeneaux absent.
First Reading of Ordinance No. 2000T-25 — An Ordinance of the City Council of the
City of Peadand, Texas, amending selected provisions of the Unified Development
Code of the City regarding Studio or Learning Center for Fine Arts or Performing Arts;
Food Trucks at Micro-Brewery/Micro-Distillery/Micro-Wineries; Signage Lighting Around
Windows; having a savings clause, a severability clause, and a repealer clause;
providing for codification, publication and an effective date.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to
approve the Ordinance No. 2000T-25 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of the proposed amendments to the Unified
Development Code (UDC).
City Manager Clay Pearson reported as a response to the changing needs of the I community, local laws, and concerns that have been brought to staffs attention, regular
updates are proposed to the Unified Development Code (UDC).
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' City Planner Jimontanae McBride gave an overview of the proposed updates to the
Unified Development Code (UDC).
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, and Little.
Voting "No" None.
Motion passed 5 to 0, with Councilmember Ordeneaux absent.
First Reading of Ordinance No. 2000M-159 — 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, A
tract or parcel of land containing 9.6135 acres of land (418,766 square feet), being out
of and a part of Lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of
the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 79, Page 616 of the Office of the County Clerk of
Brazoria County. (Located at 3205 Dixie Farm Road, Pearland, TX.) Zone Change
Application No. ZONE 17-00007, a request of Kevin Cole, applicant, on behalf of
Anthony and Kimberly Giuliani, owner; for approval of a change in zoning from the
Single -Family Residential -1 (R-1) to a Neighborhood Services (NS) zoning district;
on approximately 9.6135 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 Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve the Ordinance No. 2000M-159 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 17-00007.
City Planner Jimontanae McBride gave an overview of the zone change from the
Single -Family Residential -1 (R-1) to a Neighborhood Services (NS) zoning district.
Kevin Cole, 3808 Houston Lake Drive, addressed Council stating after attending the
Public Hearing meeting he as the applicant and the owner are completely happy with
the Neighborhood Services (NS) zoning. This gives the owner a plan of action to move
forward.
Tony Giuliani, 306 Green Oaks, addressed Council stating he has learned a lot from this
process and thanked everyone for their assistance. He further stated he is pleased with
the Neighborhood Services (NS) zoning.
' Councilmember Perez stated the City has already identified what the zoning is to be.
He as concerns when he hears objections to the zone change that cannot be tied to site
plans. This is going to be a tough piece of land to develop. The City has the Unified
Development Code (UDC) that guides the City to develop tracts of land on how they are
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zoned. The City keeps stumbling to find ways not to work with the UDC, but work
around it by putting stipulations on pieces of land that are inappropriate. He stated he
understands why the neighbors do not want it, but it is not their land, the City has
already identified the land in question to be commercial. He is beside himseff on why
the City is putting the land owner through this process. As difficult as it has been it
should have been a simple slam dunk. He further stated he hopes there will not be this
kind of difficulty on any future tracks of land that requests a zone change that has
already been identified in the City's Comprehensive Plan as an appropriate use.
Councilmember Carbone stated he agrees with Councilmember Perez, in the end it
sounds like the applicant and land owner agree with the compromise. He is fine with the
zone change.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Little, and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Ed Mears, 2827 Moss Lake Lane, thanking the Mayor, Councilmembers, City
Manager's office and Deputy City Manager Jon Branson for their support regarding Blue
Ridge Landfill and passing a Resolution to suspend their permit until they come into
compliance with the Texas Commission on Environmental Quality (TCEQ).
First Reading of Ordinance No. CUP 17-00006 — 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 Planned Unit Development (PUD) zoning district,
Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the
T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey, Abstract No.
174, and the W.W. Dupuy & L.F. Robert Survey, Abstract No. 726, Brazoria County,
Texas, more particularly being the residue of that certain called 40.8803 acre tract
conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document
number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to
GCCLE-Shadow Creek, L.P. by instrument of record under document number
2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to
Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record under
document number 2007025822, B.C.O.R., also being all of Reserve "A" of the C&S
Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page 24 of
the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. (Located at 11041
Shadow Creek Parkway, Pearland, TX.) Conditional Use Permit Application No CUP
17-00006, within the Planned Unit Development (PUD) zoning district, at the request of
MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf of
Shadow Creek Investors 1, LLC., owner, represented by David Sutton, containing a
savings clause, a severability clause, and an effective date and other provisions related
to the subject.
'
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t Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Ordinance No. CUP 17- 00006 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-
00006.
City Manager Clay Pearson reported Council is being asked to approve a Conditional
Use Permit (CUP) to allow for a Liquor/Package store in the Planned Unit Development
(PUD) zoning.
Voting "Aye" Councilmembers Reed, Moore, Little, Perez, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
First Reading of Ordinance No. 1529-2 -An Ordinance of the City Council of the City
of Pearland, Texas, amending Ordinance No. 1529-1, the 2016-2017 Annual Budget
Ordinance, by; authorizing the City Manager or his designee to take all actions
' necessary to facilitate the changes identified therein; providing a savings clause, a
severability clause, a repealer clause, and an effective date.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed to approve
the Ordinance No. 1592-2 on Its First Reading.
City Manager Clay Pearson reported City Staff is submitting for Council's consideration
and approval of a revised budget for the Fiscal Year 2017 (FY17).
Budget Officer John McCarter gave a presentation of the Fiscal Year 2017 revised
budget.
Discussion ensued between Councilmember Carbone and Budget Officer John
McCarter regarding the seventh Council position was not budgeted and the increase of
the Library renovation.
Discussion ensued between Councilmember Carbone and Deputy City Manager Jon
Branson regarding the water and sewer billing for residents.
Police Chief Johnny Spires gave an overview of the budget changes for Civil Service
' Councilmember Perez stated this year is going to be a difficult budget session, there are
a lot of programs that are underfunded. A lot of decisions to be made.
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Mayor Pro -Tem Moore stated it will be a difficult budget session, he feels the City is '
over spending, trying to do too many programs to quick. The City cannot continue down
this road with the current budget.
Councilmember Carbone stated right now the City is 3,000,000 over General Fund
policy. The question is how the City would like to allocate those funds.
Councilmember Perez stated he is fine with how the 3,000,000 is being allocated. He
thanked Staff for all their hard work.
Voting "Aye" Councilmembers Perez, Carbone, and Reed.
Voting "No" Councilmembers Moore and Little.
Motion Passed 3 to 2, with Councilmember Ordeneaux absent.
Council Action — Resolution No. R2017-114 — A Resolution of the City Council of the
City of Pearland, Texas, renewing a unit price bid for the purchase of motor fuel from
Houston -Pasadena Apache Oil, LP in the estimated amount of $850,000 for the period
of June 20, 2017 through June 19, 2018.
Councilmember Little made the motion, seconded by Councilmember Carbone to
approve the Resolution No. R2017-114. '
City Manager Clay Pearson reported it is necessary for the support of ongoing City
operations to contract with a commercial fuel supplier in order to assure a constant,
reliable fuel source3 for City vehicles and equipment.
Voting "Aye" Councilmembers Little, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
Council Action — Resolution No. R2017-116 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the Lower Kirby Pearland Management District
("District") to issue and sell road bands, totaling $3,830,000.00, for certain roadway and
storm drainage projects (South Spectrum Boulevard between Promenade Shops Drive
and Kirby Drive).
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. R2017-116.
President of Pearland Economic Development Corporation Matt Buchanan gave an '
overview of certain roadway and storm drainage projects (South Spectrum Boulevard
between Promenade Shops Drive and Kirby Drive).
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' Discussion ensued between Councilmembers Carbone, Perez and President of
Peadand Economic Development Corporation Matt Buchanan regarding how fees are
calculated and charged.
Voting "Aye" Councilmembers Perez, Reed, Moore, and Little.
Voting "No" Councilmember Carbone.
Motion Passed 4 to 1, with Councilmember Ordeneaux absent.
Mayor Pro -Tem Moore stated he would like to acknowledge that it has been a year,
June 12, 2016 in the loss of Pearland Police Officer Endy Ekpanya in a tragic accident.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
Council adjourned into Executive Session under Texas Government Code at 8:36 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.074 - Personnel Matters - Regarding the appointment of
Community Development Director.
' 2. Section 551.087 - Consultation with City Attorney - Regarding
Economic Development Negotiations.
3. Section 551.071 - Consultation with City Attorney - Regarding Legal
advice and interpretations associated with the City Charter and City
Council procedures.
Council returned from Executive Session at 9:19 p.m.
NEW BUSINESS CONTINUED:
Council Action - Regarding the appointment of Community Development Director.
Councilmember Carbone made the motion, seconded by Councilmember Perez to
appoint John McDonald has the Community Development Director as discussed in
Executive Session.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Little and Perez.
Voting "No" None.
I
Motion Passed 5 to 0, with Councilmember Ordeneaux absent.
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Council Action - Regarding Economic Development Negotiations. '
No Action Taken.
Council Action - Regarding legal advice and interpretations associated with the City
Charter and City Council procedures.
No Action Taken.
ADJOURNMENT:
Meeting was adjourned at 9:20 p.m.
Minutes approved a submitted and/or corrected this the 101h day of July, A.D., 2017.
Tom Reid
Mayor ,
ATTEST:
QD1.
YQbng ing, TR9C d
Uty Secretary
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