2017-07-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
' PEARLAND, TEXAS, HELD ON MONDAY, JULY 24, 2017 AT 6:30 P.M., IN THE PUBLIC
SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Woody Owens.
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 McDonald Director of Community
Development; Jimontanae McBride City Planner; Chris Orlea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Vance Riley Fire Chief; Kim Sinistore
' Executive Director of the ConvemionlVisitors Bureau; Johnny Spires Police Chief; Robert
Upton City Engineer; Sparkle Anderson Communications Manager; Joel Hardy Interim
Management Assistant; Daniel McGhinnis Chief Information Officer; Rick Overgaard
Assistant Finance Director; Bob Pearce Purchasing Officer.
The invocation was given by Mayor Pro -Tem Reed and the Pledge of Allegiance was led
by Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers, Carbone, Moore,
Ordeneaux, Little, and Perez.
CITIZEN COMMENTS:
Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regarding the
dead tree on Pearland Parkway and one across from the VFW Hall. He further stated his
concern regarding the traffic signal at the intersection of FM 518 and Dixie Farm Road.
Steve Bell, 1302 E. Broadway addressed Council giving an overview of the State of the Boy
Scouting movement in Pearland.
CONSENT AGENDA:
' A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of June 12, 2017, Public Hearing held at 6:00 p.m.
2. Minutes of June 19, 2017, Joint Public Hearing held at 6:30 p.m.
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B. Consideration and Possible Action - Resolution No. R2017-142 - A
Resolution of the City Council of the City of Pearland, Texas, awarding '
a construction services contract for the Toll Road Utilities Project to
Reliance Construction Services, L.P., in the amount of $244,376.00.
C. Consideration and Possible Action - Resolution No. R2017-145 - A
Resolution of the City Council of the City of Pearland supporting Brazoria
County's reappointment of the City's Public Works Director, Eric Wilson,
to the Board of Directors of the Gulf Coast Water Authority ("GCWA").
D. Consideration and Possible Action - Resolution No. R2017-141 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a sole source purchase of a carbon air filter unit to serve the Veterans II
Lift Station from Environmental Improvements in the amount of
$94,995.00.
E. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-160 - 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, being a 37.44 acre tract of land located
in the H.T. &B.R.R. Co. Survey, Section 85, Abstract No. 304, in
Brazoria County, Texas. Said 37.44 acres being Lots 17, 18, 19 and a
portion of Lot 20 of the Allison -Richey Gulf Coast Home Company's '
Suburban Garden Subdivision as shown on map recorded in Volume 2,
Page 107 of the Brazoria County Plat Records (B.C.P.R.). Said 37.44
acres being comprised of a call 10.0000 acre tract of land (styled "Tract
2") recorded in the name of 4601 Holmes Road Corporation under
Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and a portion of
a call 37.429 acre tract of land recorded in the name of Leonard Lee
Cherry, at al, under B.C.C.F. Nos. 2008049177 and 2008049178.(2006
Wooten Road, Pearland, TX.) Zone Change Application No. ZONE 17-
00009, a request of Geoff Freeman, applicant, on behalf of Pearland
Office Center, LLC, owner, represented by Lonnie Gaienne; for
approval of a change in zoning from Single -Family Residential -3
(R-3) to a Business Park District -288 (BP -288) zoning district; on
approximately 37.44 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.
F. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-161 - 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 3.1092 acre tract of land out of Lot '
46 of the Allison Richey Gulf Coast Home Company's subdivision of
Section 8, H.T&B.R.R. CO. Survey also called the F.B. Drake Survey,
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Abstract 504, Brazoria County, Texas, according to the map or plat
' thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria
County, Texas.(Located at 6601 Broadway Street, Pearland, TX.)
Zone Change Application No. ZONE 17-00010, a request of Pogie USA,
LLC., applicant and owner, represented by Bruce Honore; for approval
of a change in zoning from the General Business (GB) to a General
Commercial (GC) zoning district; on approximately 3.1092 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.
G. Consideration and Possible Action - Resolution No. R2017-132 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid to WatchGuard for the purchase of fifty (50) additional Vista Body
Cameras in the estimated amount of $87,515.00.
H. Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP 17-00008 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for a Child Day Care Center, a Gym/Health Club (Physical
Fitness; Indoors Only), a Restaurant (With No Drive -In or Drive-
Thru Service), and a Studio or Learning Center for Fine or
Performing Arts in the Neighborhood Services (NS) zoning district,
' Being a tract of land containing 3.795 acres, located in the H.T. & B.R.R.
Survey, Abstract -564, in Brazoria County, Texas; Said 3.795 acre tract
being out of Lot 56 of Section 80 as shown on the Allison Richey Gulf
Coast Home Company, Part of Suburban Gardens, a subdivision of
record in Volume 2, Page 98, of the Brazoria County Plat Records
(B.C.P.R.), same being out of a called 5.0002 acre tract of land recorded
in the name of Kirby/59 Partners, LP in Brazoria County Clerk's File
(B.C.C.F.) Number 2007021066. (Located at 2645 County Road 59
(northwest corner of Kirby Drive and CR 59), Pearland, TX.)
Conditional Use Permit Application No CUP 17-00008, within the
Neighborhood Services (NS) zoning district, at the request of Alan
Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand, containing a savings clause, a severability,
clause, and an effective date and other provisions related to the subject.
I. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1539 - An Ordinance of the City Council of the City of
Pearland, Texas, approving the annexation by Brazoria County
Municipal Utility District No. 28 of approximately 28.7092 acres of land,
generally located at the intersection of Cullen Parkway and Fite Road;
' and the intersection of Harkey Road and Magnolia Boulevard,
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J. Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP 17-00010 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to '
allow for a Food Store/Supermarket in the Neighborhood Services
(NS) zoning district, Being a tract or parcel containing 5.707 acres
(248,578 square feet) of land situated in the H.T. & B.R.R. Co. Survey,
Section 17, Abstract Number 242, City of Pearland, Brazoria County,
Texas; being out and a portion of the called 9.1875 acre tract conveyed
to Mac Edison, LLC as described in deed recorded under Brazoria
County Clerk's File (B.C.C.F) Number (No.) 2012009629. (Located at
the southeast comer of Broadway and Tranquility Lakes
Boulevard, Pearland, TX.) Conditional Use Permit Application No CUP
17-00010, within the Neighborhood Services (NS) zoning district, at the
request of Brian Gills, applicant, on behalf of David Felt, owner,
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
K. Consideration and Possible Action — Second and Final Reading of
Ordinance No 1540 - An Ordinance extending the city limits of the City
of Pearland, Texas, to include certain land area within certain limits and
boundaries and annexing to the City of Pearland the area within such
limits and boundaries a 212 acre property entitled Massey Ranch
located within City of Pearland's Extraterritorial Jurisdiction (ETJ).
Massey Ranch is generally located approximately 2900 feet east of
FM1128 at the southwest corner of the intersection of McKeever '
(CR 100) and Harkey Roads; approving a service plan for all of the area
within such limits and boundaries; containing other provisions related to
the subject, and providing a savings and severability clause.
L. Consideration and Possible Action - Resolution No. R2017-140 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid to WatchGuard, in the estimated amount of $59,832.00, for the
purchase of eight (8) camera systems for Police Department patrol
vehicles.
M. Consideration and Possible Action - Resolution No. R2017-146 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
a bid for the purchase of six (6) Telecommunicator Consoles and two (2)
Rotating Resource Centers for the Pearland Police Department to Russ
Basset in the amount of $101,255.00.
Mayor Pro -Tem Reed asked that Consent Agenda Item E be removed from the Consent
Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to adopt
Consent Agenda Items A through M with the exception of Item E as presented on the I Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, and Perez.
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Voting "No" None.
Motion Passed 6 to 0, with Councilmember Owens absent.
' MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Reed Consent Agenda Item E was removed for further
discussion.
E. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-160 - 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, being a 37.44 acre tract of land located
in the H.T.&B.R.R. Co. Survey, Section 85, Abstract No. 304, in Brazoria
County, Texas. Said 37.44 acres being Lots 17, 18, 19 and a portion of
Lot 20 of the Allison -Richey Gulf Coast Home Company's Suburban
Garden Subdivision as shown on map recorded in Volume 2, Page 107
of the Brazoria County Plat Records (B.C.P.R.). Said 37.44 acres being
comprised of a call 10.0000 acre tract of land (styled "Tract 2") recorded
in the name of 4601 Holmes Road Corporation under Brazoria County
Clerk's File (B.C.C.F.) No. 03-006630 and a portion of a call 37.429 acre
tract of land recorded in the name of Leonard Lee Cherry, at al, under
B.C.C.F. Nos. 2008049177 and 2008049178.(2006 Wooten Road,
Pearland, TX.) Zone Change Application No. ZONE 17-00009, a
request of Geoff Freeman, applicant, on behalf of Pearland Office
Center, LLC, owner, represented by Lonnie Gaienne; for approval of a
change in zoning from Single -Family Residential -3 (R-3) to a
Business Park District -288 (BP -288) zoning district, on
approximately 37.44 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 Councilmember Moore to approve
Ordinance No. 2000M-160 on its Second and Final Reading.
City Manager Clay Pearson reported this request is for approval of a change in zoning from
Single -Family Residential -3 (R-3) to the Business Park District — 288 (BP -288) zoning
district on approximately 37.44 acres located at 2006 Wooten Road.
Discussion ensued between Mayor Pro -Tem Reed and City Manager Clay Pearson
regarding the entrance and roadway access.
Jeff Freeman with LJA Engineering stated a site plan was presented showing what the
development will look like. He further stated he is working with Staff to make sure it applies
' with all City Ordinances as far as drainage, access and emergency access.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, and Perez.
Voting "No" None.
Page 5 of 14 — 7/24/2017
Motion Passed 6 to 0, with Councilmember Owens absent
NEW BUSINESS:
Council Input and Discussion — Regarding the spending priorities recommended for the '
City's 110 Community Development Block Grant (CDBG) Program — FY 2018 Annual Action
Plan, as part of its FY 2018-2022 CDBG 5 -Year Consolidated Plan and related Affordable
Housing Assessment.
Interim Management Assistant Joel Hardy gave an overview of the spending priorities
recommended for the City's 1101 Community Development Block Grant (CDBG) Program —
FY 2018 Annual Action Plan.
Discussion ensued between Councilmember Perez and Interim Management Assistant Joel
Hardy regarding the Streets and Drainage projects have not been identified as of yet and
the threshold of an area allowed for the Community Development Block Grant Program.
First Reading of Ordinance No. 1541 — An Ordinance of the City Council of the City of
Pearland, Texas, approving Consent Conditions and consenting to the creation of Brazoria
County Municipal Utility District No. 69 (the "District") within the City's corporate boundaries.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1541 on its First and Only Reading.
City Manager Clay Pearson reported on May 22nd, Council approved the Development
Agreement with Massey Oaks. As part of that agreement the Council also approved the '
form of Utility Service Agreement fora new in -MUD (Municipal Utility District) that was being
legislatively created to serve the development. Now that the MUD has been legislatively
created, it requires the City's consent before it can be vested with the powers that are vested
in a MUD through the Water Code.
City Attorney Darrin Coker stated this is the third action associated with the Massey Oaks
Development. There will also be a fourth action on tonight's agenda associated with the
Massey Oaks Development. He further stated to clarify for the record the Ordinance before
Council references the 212 acres as part of the Massey Oaks Development. The Rogers
tract will also be included in this Municipal Utility District (MUD). That exhibit is not attached
because the Rogers tract is already part of Pearland's city limits. The Rogers tract will be
included in the second reading.
Discussion ensued between Councilmember Ordeneaux and City Attorney Darrin Coker
regarding this Municipal Utility District (MUD) will have the traditional powers associated
with a MUD such as to build the water, sewer, drainage improvements and some Park
powers with limitations.
Councilmember Perez asked if a provision could be added in the MUD that any annexation
must be continues.
City Attorney Darrin Coker stated the Municipal Utility District Attorneys representing '
Massey Oaks Development did not want the limitation of any annexation to be continues.
He further stated there is a lot of vacant properties adjacent to the Massey and Roger's
Page 6 of 14 — 7/24/2017
tract that they hope to include in this MUD district and it could be possible that the initial
property purchased is not adjacent to the property, but it could be the next tract over so it
' would not be continues to it, but they would still have the ability to purchase property, annex
it into the MUD and still have it developed.
Councilmember Perez stated his concern is there are enough MUD's that are disjointed.
He personally would like to see a prevision that this MUD be self-contained.
City Attorney Darrin Coker stated the consent conditions read that no additional land may
be annexed into the district unless City Council adopts a resolution granting consent to
annexation. This clearly gives Council the discretion and authority to annex or not annex.
Councilmember Carbone stated he understands Councilmember Perei s comments, but
he does not have an issue how it is written because it will come back before Council to
approve or disapprove.
Councilmember Perez stated he would like to have an open discussion or least consider if
the City continues to allow MUD's to annex areas. He further stated if he is the only one
concerned with continues annexation then he is fine with it.
Councilmember Ordeneaux stated he will be voting against this. The road power is a big
issue for him.
Voting "Aye" Councilmembers Reed, Little, Perez, Carbone, and Moore.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1, with Councilmember Owens absent
First Reading of Ordinance No. 1497-4— An Ordinance of the City Council of the City of
Pearland, Texas, establishing school zone speed limits established for vehicles under the
provisions of the Texas Transportation Code (extending certain times and limits), upon
certain streets and highways, of parts thereof, within the corporate limits of the City of
Pearland, as set out in this ordinance; and providing a penalty.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Ordinance No. 1541 on its First and Only Reading.
City Manager Clay Pearson reported the Ordinance No. 1497, adopted in January 2014
consolidated multiple ordinances into one ordinance to establish 25 school zones within the
City limits. The consolidation occurred because each time there were changes to school
zones, the City had to adopt multiple revised ordinances.
City Engineer Robert Upton gave an overview on establishing school zone speed limits
' Discussion ensued between Councilmember Perez and City Engineer Robert Upton
regarding Rustic Oaks School on Dixie Farm Road and the school zone on FM 518.
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Discussion ensued between Mayor Pro -Tem Reed and City Engineer Robert Upton
regarding the school zones on FM 518/Broadway be reviewed in September/October during
school hours. '
Discussion ensued between Councilmember Carbone and City Engineer Robert Upton
regarding the school districts/Principals were spoken with regarding the school zones.
Discussion ensued between Mayor Pro -Tem Reed and City Engineer Robert Upton
regarding a longer school zone on FM 518/Broadway for Shadow Creek High School and
Shirley Brothers Elementary.
Mayor Pro -Tem Reed stated his concerns regarding the school zone for C.J. Harris, he
further stated his vote will be no.
Councilmember Carbone stated he understands both sides, but he is comfortable with
staffs recommendations. He further stated it would be a good idea to reach out to the school
district mid -year.
Voting "Aye" Councilmembers Little, Perez, Carbone, and Moore
Voting "No" Mayor Pro -Tem Reed.
Motion Passed 4 to 1, with Councilmember Ordeneaux abstaining and Councilmember
Owens absent.
Second and Final 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
Page 8 of 14 — 7/24/2017
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. 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 (R -E) to Planned Development (PD) zoning district for the development
of "Massey Oaks" a single-family residential development; for 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 Little made the motion, seconded by Councilmember Carbone to approve
Ordinance No. 2000M-157 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 Zone Change Application No. ZONE 16-00010.
City Planner Jimontanae McBride gave an overview of the Planned Development.
' Councilmember Perez asked for an update regarding getting the school district annexed.
Alan Mueller stated he spoke with Dr. Gilchrest with Alvin Independent School District (ISD)
and the school board wants the school district to all be within Alvin ISD. He also spoke with
Dr. Kelly with Pearland ISD and the school board was open to different options including an
equal value split. The school board was also open to putting it all into Alvin ISD. He further
stated this would be handled by a minor boundary adjustment. An administrative procedure,
the two school districts can undertake without public hearings. After meeting with both
school districts the Developer and Land Owner all agreed they would put all the property
into Alvin ISD. The land owner has executed that petition and submitted to both school
districts. They are in possession of that as of 10 days ago. Because of the summer schedule
the School Boards have not met yet to consider those petitions, however, both
Superintendents assured us that the petition would be accepted.
Councilmember Perez stated he is supportive of the development, but he does not know
where the school districts stand as a body, he knows what he has been told. He further
stated it would be better to postpone and see how the school districts are going to vote
before Council moves to the second reading.
Mayor Pro -Tem Reed stated he agrees with Councilmember Perez.
' Alan Mueller stated the Planned Development has a condition that no plat will be reported
or approved unless the two school districts approve the boundary adjustment. He further
stated the language could be changed stating there will be no plat accepted for Record A
until all the property has been transferred into one school district.
Page 9 of 14 — 7/24/2017
City Attorney Darrin Coker stated that restriction could be placed in the Planned
Development (PD) as opposed to the language that is currently there. If for some reason
the school districts do not come to a decision then it would have to come back and be '
resolved through an amendment to the PD.
Councilmember Ordeneaux stated at this point he is very frustrated with this body. Council
continues to say to the government to stay out of our business, let us control our City, yet
Council has spent the last two agenda items telling the school districts what to do. If you
like the development, approve the development. I'm going to vote no because I do not like
the development, but I am not going to hold the land owner or developer to the whim of
another body to get my approval. We are independently elected bodies for a reason and I
personally feel it is putting pressure on the other two elected bodies. Let them do what they
think is best for them and let us do what we think is best for us. The state has not given the
City the power to set school districts the power was given to school districts. The developer
and land owner has done everything they can to meet our requests. If the other two bodies
do not agree than the entire thing goes up in flames. He does not think that is fair to
anybody.
Councilmember Perez stated it is already in the Planned Development that the City wants
the school district boundaries rectified. The City requires another body to react before
Council approves.
Mayor Pro -Tem Reed stated he is not going to vote for the Planned Development unless it
is all one school district.
Discussion ensued between Councilmember Moore and the Developer Mr. Cobb regarding '
if this does not change to one school district the northern half of Massey Ranch would be
in Pearland and the southern part in Alvin.
Mr. Cobb stated he is willing to accept a condition that he will not plat any lot in this Planned
Development until at such time we have received the school districts decision.
Councilmember Ordeneaux stated he has issues with this, but he will vote for it because he
does not want to hold the Developer/Owner hostage.
City Attorney stated to vote on the motion as currently presented, to clarify Council would
like to amend the motion currently on the table.
Councilmember Perez amended the motion, seconded by Councilmember Carbone to have
the language in the Planned Development that the school districts agree to a boundary,
whatever that boundary may be before plats are approved.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Perez, Carbone, Moore, and Reed.
Voting "No" Councilmembers Ordeneaux and Little. '
Motion Passed 4 to 2, with Councilmember Owens absent.
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Mayor Reid called for the vote on the original motion as amended.
' Voting "Aye" Councilmembers Little, Perez, Carbone, and Moore.
Voting "No" Councilmember Reed and Ordeneaux.
Motion Passed 4 to 2, with Councilmember Owens absent.
Second and Final Reading of Ordinance No. CUP 17-00009 — 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 Commercial (GC) zoning district,
Being Lot A of Block One containing 1.9636 acres of land out of a parcel of land containing
4.7335 (206,192 square feet) of land more or less out of Lot 32, Zychlinski Subdivision
according to the plat thereof recorded in Volume 29, Page 43, deed records, Brazoria
County, Texas (Located at 1823 North Main Street, Pearland, TX.) Conditional Use
Permit Application No. CUP 17-00009, within the General Commercial (GC) zoning district,
at the request of Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh, owner,
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 Councilmember Carbone to approve
Ordinance No. CUP 17-00009 - on its Second and Final Reading.
City Manager Clay Pearson reported this request is for approval of a Conditional Use Permit
' (CUP) located at 1823 North Main Street to allow for a Liquor/Package Store.
Voting "Aye" Councilmembers Perez, Carbone, Moore, Reed, Ordeneaux, and Little.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Owens absent.
Council Action — Resolution No. R2017-143 —A Resolution of the City Council of the City
of Pearland, Texas, awarding a construction services contract, associated with the Orange
Street Service Center Field Operations Support Building Renovation Project (Phase 1A), to
C.A. Walker Construction, in the amount of $1,538,265.00.
Councilmember Carbone made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-143.
City Manager Clay Pearson reported the Orange Street Service Center Field Operations
Support Building Renovation project is Phase 1A of a larger, muni -phase project to upgrade,
modernize and consolidate facilities at the Orange Street Service Center.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, and Perez.
' Voting "No" None.
Motion Passed 6 to 0, with Councilmember Owens absent.
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Council Action —Resolution No. R2017-139— A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for purchase of eight (8) Police Department vehicles,
from Silsbee Ford, in the amount of $345,536.00 through the Buyboard Program. '
Councilmember Moore made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-139.
City Manager Clay Pearson reported City Council approved funding for eight (8) additional
Patrol vehicles as part of the Fiscal Year 2017 Mid -Year Amendment. These additional
vehicles will allow for the full implementation of the updated Take -Home Vehicle Program.
Discussion ensued between Councilmember Little and Assistant Police Chief Chad Randall
regarding the cost of each vehicle.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Little, Perez, and Carbone.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Owens absent.
Council Input and Discussion — Regarding a presentation of Compensation and
Classification Study completed by Management Advisory Group, Inc. (MAG).
Management Advisory Group, Inc. Representative David Lookingbill gave a presentation of
the Compensation and Classification Study. ,
Director of Human Resource Michelle Graham gave a presentation of Scenarios and Next
Steps of the Compensation and Classification Study.
John DeSpain, 2555 Cullen Parkway, addressed Council stating he is the President of the
Pearland Police Officers Association and representing the men and women of the Pearland
Police Department. He thanked Director of Human Resource Michelle Graham and
Management Advisory Group, Inc. Representative David Lookingbill for what they
presented. He stated this survey has confirmed that the employees have not been
anywhere near a priority with this City. The pay has fallen behind and benefits have not kept
up with industry standards. If money is going to be an issue it may be time to slow down on
some projects and think about all the employees who have helped and continues to help in
making this City what it is. Employees have been force fed the Pearland Way for excellence,
but being treated below average when it comes to pay and benefits, which this survey
clearly shows. With great certainty Managers recently hired were hired above or at current
market rate while a majority of the employees are paid below market rate. Speaking for the
Police officers, we have never asked to be the highest paid in the state or in the area all we
have asked is to be competitive. This study shows almost all the employees are pretty much
below market. The Pearland Police Officers Association encourages the City leaders to
adopt the 100% Market Scenario and to let the employees know they are an important part
of this City and to adopt a regular schedule to review compensation and benefits so the City '
does not fall back into this trap.
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Discussion ensued between Councilmember Perez and Director of Human Resource
Michelle Graham regarding other benefits such as vacations days and holidays.
' Councilmember Perez stated in the near future he would like to have another conversation
where we couple together the benefits and salaries realistically and hopefully find
something competitive with the region.
Discussion ensued between Councilmember Perez and Director of Human Resource
Michelle Graham regarding certification pay.
Councilmember Perez stated he is in favor of going with 100% for the staff/employees so
they are given what they are due. He further stated he agrees with what Officer DeSpain
said regarding this study becoming a living document and it stays updated so Council can
regularly look to see if the City is fully staffed and are the employees being compensated.
Discussion ensued between Councilmember Little and Management Advisory Group
Representative David Lookingbill regarding clarification of the different scenarios 92.5% up
to 100%.
Councilmember Little stated he will be voting yes. It is a sad situation if the City cannot be
at least average in compensation for the employees.
Councilmember Ordeneaux stated we do not want to cut man power, we need man power.
I'm 100% behind this, and put it before the voters.
Councilmember Moore stated he feels bad that the employees feel he does not value them.
He further stated he values each and every employee of the City. He thanked all the
employees for their effort and hard work. He would like to see all of the benefits as a whole
to see what can be done to maximize the benefit package along with the salary. He would
go with the 97.5% if he could see some numbers and work towards the 100%. He is fine
with putting it before the voters.
Discussion ensued between Councilmember Carbone and Director of Human Resource
Michelle Graham regarding the benefits and compensation are looked at separately.
Councilmember Carbone stated he understands the benefits and compensation are looked
at separately, but in the near future he thinks Council needs to look at it as a whole.
Discussion ensued between Councilmember Ordeneaux and Management Advisory Group
Representative David Lookingbill regarding a self-funded service is less expensive for the
City.
Councilmember Carbone stated he was hoping to see more details behind this survey. Most
of Council would like to go 100% but we have to see what the budget looks like.
t Director of Human Resource Michelle Graham stated the level of detail relating to the unified
pay plan and civil service pay plan, is not.here because the pay plan is established based
on percent of market you want to'be at. What is provided is the cost implications of the
scenarios when presented with the budget as the recommended scenario. The level of
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detail would be there for both the unified and civil service pay plans.
Discussion ensued between Councilmembers regarding medical benefits, compensation, ,
needing more data, the City giving more to the medical plan, areas the City could save
money and longevity pay.
Director of Human Resource Michelle Graham stated she will provide Council a draft copy
of the detailed benefits and compensation survey.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDA:
Mayor Pro -Tem Reed stated he would like to have a discussion topic regarding general
speed limits around Pearland schools and major thro fares.
Councilmember Perez stated he would like to have a discussion regarding the Planned Unit
Development (PUD) process.
Council adjourned into Executive Session under Texas Government Code at 9:27 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 — Consultation with City Attorney — Regarding Pending
Litigation Associated with Blue Ridge Landfill.
2. Section 551.071 — Consultation with City Attorney — Regarding Matters '
Subject to The Attorney -Client Privilege related to the construction of public
facilities.
Council returned from Executive Session at 10:19 p.m.
NEW BUSINESS CONTINUED: None.
ADJOURNMENT
Meeting was adjourned at 10:20 p.m.
Minutes approved as submitted and/or corrected this the 181h day of September, A.D., 2017.
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Tom Reid
Mayor
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