2017-09-18 CITY COUNCIL REGULAR MEETING MINUTES1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 18, 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
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Gary Moore.
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; Ron Fraser
Assistant Police Chief; John McDonald Director of Community Development; Jimontanae
McBride City Planner; John McCarter Budget Officer; Cynthia Pearson Director of Finance;
Robert Upton. City Engineer; Eric Wilson. Director of Public Works; Andrea Brinkley
Assistant Director of Public Works; Joel Hardy Interim Management Assistant; Skipper
Jones Assistant Director of Capital Projects; Rick Overgaard Assistant Director of Finance;
Lawrence Provins Deputy City Attorney.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Assistant
Police Chief Ron Fraser.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers Carbone, Ordeneaux,
Little, Perez and Owens.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of July 24, 2017, Regular Meeting held at 6:30 p.m.
2. Minutes of August 8, 2017, Joint Public Hearing Minutes held at 6:30
p.m.
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B. Consideration and Possible Action — Resolution No. 2017-183 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid for
an HVAC System (Public Safety Building Server Room) to HIS Electric, Inc., in
the amount of $142,206.00.
C. Consideration and Possible Action - Resolution No. R2017-160 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a contract
for Bank Depository Services to Wells Fargo Bank for two (2) years, beginning
October 1, 2017 and ending September 30, 2019, with the option of three (3)
additional one-year terms.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
adopt Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Ordeneaux, Little, Perez and Owens.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chamber and
Councilmember Moore absent.
MATTERS REMOVED FROM CONSENT AGENDA: None.
CITIZENS COMMENTS:
Craig Bailey, 5940 Brookside Road, addressed Council stating he is the Mayor of
Brookside Village. Hurricane Harvey dealt Pearland and Brookside Village harsh blows
with flooding. Even with Pearland dealing with their flooding issues Pearland
Administration immediately stepped up and provided Brookside with Police protection,
water and hot meals. He cannot say thank you enough for Pearland's assistance during
this difficult time.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
NEW BUSINESS:
First Reading of Ordinance No. 1544 — An Ordinance appropriation adopting a budget
for the fiscal year beginning October 1, 2017, and ending September 30, 2018, and pay
plans for fiscal year 2018.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
approve Ordinance No. 1544 on its First Reading.
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City Manager Clay Pearson reported Council is being asked to adopt the budget for fiscal
year beginning October 1, 2017, and ending September 30, 2018, and pay plans for fiscal
year 2018.
Voting "Aye" Councilmembers Carbone, Ordeneaux, Little, Perez and Owens.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers and
Councilmember Moore absent.
First Reading Ordinance No. 1545 — An Ordinance adopting a tax of $0.685059 and
levying taxes for the use and support of the Municipal Government of the City of Pearland,
Texas, and providing for the interest and sinking fund of the taxable year 2017.
Councilmember Ordeneaux made the motion, seconded by Councilmember Little to move
that the property tax rate be increased by the adoption of a tax rate of $0.685059 per
$100 valuation, which is effectively a 2.7% increase in the tax rate.
City Manager Clay Pearson reported Council is being asked for approval of the new tax
rate on the first reading.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, and Carbone.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers and
Councilmember Moore absent.
First Reading of Ordinance No. 1404-3 - An Ordinance of the City Council of the City
of Pearland, Texas, amending Section 18-11 of Chapter 18; Municipal Court, of the City
of Pearland Code of Ordinances as it applies to the juvenile case manager fee; providing
a repealing clause, a saving clause and severability clause and providing for codification.
Councilmember Little made the motion, seconded by Councilmember Ordeneaux to
approve Ordinance No. 1404-3 on its First Reading.
City Manager Clay Pearson reported the State of Texas has authorized the governing
body of a municipality to collect a fee up to $5 from each Class C misdemeanor conviction
for the expenditures related to the employment of a Juvenile Case Manager.
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone, and Ordeneaux.
Voting "No" None.
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Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers and
Councilmember Moore absent.
First Reading of Ordinance No. 1023-7 - An Ordinance of the City Council of the City
of Pearland, Texas, amending development and permit fees; containing a savings clause,
a severability clause and a repealer clause; providing for publication and an effective date.
Councilmember Perez made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 1023-7 on its First Reading.
City Manager Clay Pearson reported Council is being asked for approval to amend the
development and permit fees.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Ordeneaux and Little.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers and
Councilmember Moore absent.
First Reading of Ordinance No. 1358-15 -An Ordinance of the City Council of the City
of Pearland, Texas, amending non -development usage and service fees; containing a
savings clause, a severability clause and a repealer clause; providing for publication and
an effective date.
Councilmember Owens made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 1358-15 on its First Reading.
City Manager Clay Pearson reported annually, as part of the budget process, City staff
make necessary additions and/or changes in fees in order to cover the cost of service
being provided as well as conduct a rate analysis as part of the water/sewer rate model.
Discussion ensued between Councilmember Owens and City Manager Clay Pearson
regarding the false alarms fees.
Voting "Aye" Councilmembers Owens, Carbone, Ordeneaux, Little and Perez.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Reed absent from the Chambers and
Councilmember Moore absent.
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Council Action — Resolution No. R2017-189 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for asphalt paving services associated with the
Hatfield Road Paving Improvements Project to AAA Asphalt Paving, Inc., in the amount
of $774,082.50.
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-189.
Assistant City Manager Trent Epperson reported the Public Works Department undertook
a Right of Way Pavement Condition Assessment in 2014, which identified Hatfield Road
between Broadway Street and the northern City limits as needing repairs to both the base
and driving surface. It was determined that the work required to rehabilitate Hatfield Road
was too extensive to be performed in house by the Public Works Department or through
the Interlocal Agreement with Brazoria County.
Discussion ensued between Councilmember Perez and Public Works Director Eric
Wilson regarding milling the existing asphalt and the plan for the base material.
Mayor Pro -Tem Reed entered the Council Chamber at 6:57 p.m.
Voting "Aye" Councilmembers Carbone, Ordeneaux, Little, Perez and Owens.
Voting "No" None.
Motion Passed 5 to 0, with Mayor Pro -Tem Reed abstaining and Councilmember Moore
absent.
First Reading of Ordinance No. 2000M-163 - 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 tract of land containing 3.5818 acres (156,022 square feet), situated in the H.T. & B.R.R
Co. Survey, Abstract 549, Brazoria County, Texas, being out of Lot 21 of Allison -Richie
Gulf Coast Home Company's Suburban Gardens Subdivision of Section 24, in Brazoria
County, Texas, being all of tract conveyed unto Charlotte Polasek by deed recorded
under County Clerk's File No. 2016010131 of the Official Records of Brazoria County,
Texas. (6630 Bailey Road, Pearland, TX) Zone Change Application No. ZONE 17-00012,
a request of Fangfang Sun and Qianyi He, applicants/owners; for approval of a change
in zoning from Suburban Residential -15 (SR -15) to a General Commercial (GC)
zoning district; on approximately 3.5818 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.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Ordeneaux to
approve Ordinance No. 2000M=163 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 denial of the change in zoning from Suburban Residential -15
(SR -15) to a General Commercial (GC) zoning district.
City Planner Jimontanae McBride presented an overview of the request to change the
zoning from Suburban Residential -15 (SR -15) to a General Commercial (GC) zoning
district.
Voting "Aye" Councilmember Ordeneaux.
Voting "No" Councilmembers Reed, Little, Perez, Owens and Carbone.
Motion Failed 5 to 1, with Councilmember Moore absent.
First Reading of Ordinance No. CUP 17-00014 - An Ordinance of the City Council of
the City of Pearland, Texas, approving.a Conditional Use Permit (CUP) to amending a
previously approved site plan in the Business Park District -288 (BP -288) zoning
district, Being a 3.0679 acre tract of land located in the H.T. & B.R.R. Company Survey,
Abstract 300, Brazoria County, Texas; said 3.0679 acre tract being all of Lot 2 and Lot 3,
Block 1 of Minor Plat of Medical Resort at Pearland, a subdivision plat recorded in Clerk's
File Number 2015027678 of the Brazoria County Plat Records (B.C.P.R).
(Approximately 1,600 feet north of County Road 59 on the west side of Business
Center Drive, Pearland, Texas.) Conditional Use Permit Application No CUP 17-00013,
within the General Business (GB) zoning district, at the request of Kerry R. Gilbert &
Associates represented by Jennifer Curtis, applicant, on behalf of Global XYZ
Development LLC represented by Archana Thota, owner, 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 Mayor Pro -Tem Reed to
approve Ordinance No. CUP 17-00014 on its First Reading.
Mayor Reid read into'the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of CUP 17-00014.
City Planner Jimontanae McBride presented an overview of the requested Conditional
Use Permit (CUP) amending a previously approved site plan in the Business Park District -
288 (BP -288) zoning district.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Moore absent.
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First Reading of Ordinance No. 2000T-26 - An Ordinance of the City Council of the City
of Pearland, Texas, amending selected provisions of the Unified Development Code
regarding: Lumber MillsNards, Open Air Markets, Transfer Stations, revisions to the UDC
Conditional Use Permit approval process, and revisions to the UDC regarding, the
exemptions of Tree Farms and Nurseries; having a savings clause, a severability clause,
and a repealer clause; providing for codification, publication and an effective date.
Councilmember Little made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 2000T-26 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.
City Planner Jimontanae McBride presented an overview of the amended Unified
Development Code.
Councilmember Ordeneaux stated comments regarding Open Air Markets and Tree
Farms.
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone and Reed.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1, with Councilmember Moore absent.
First Reading of Ordinance No. CUP 17-00013 - 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 a tract or
parcel containing 22.3385 acres (973,065 square feet) of land situated in the Thomas J.
Green Survey, Abstract Number 198, Brazoria County, Texas, and being out of and a
portion of the called 118.755 acre tract as described in the deed to Marion E. Settegast,
et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, said
22.3385 also being all of Lot A of Pearland Commons, a subdivision of a portion of said
called 118.755 acre tract. (Located at 2708 Pearland Parkway, Pearland, TX.)
Conditional Use Permit Application No CUP 17-00013, within the General Business (GB)
zoning district, at the request of Aaveg Desai, applicant, on behalf of HEB Grocery
Company, LP represented by Debbie Knox, 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 Mayor Pro -Tem Reed to approve
Ordinance No. CUP 17-00013 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council a tied vote of 2 to 2 constituting a negative recommendation.
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City Planner Jimontanae McBride presented an overview of the requested Conditional
Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB)
zoning district.
Councilmember Perez stated this ordinance should be postponed until changes to the
Unified Development Code (UDC) have been finalized and the City knows where
liquor/package stores will be allowed in the City.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Reed to postpone
Ordinance No. CUP 17-00013 to a future meeting.
Councilmember Carbone stated if this got voted down tonight it could be heard and
decided in one meeting in the future. There is no need to postpone this item because if it
is voted up or down it does not delay the process
Voting "Aye" Councilmembers Perez and Owens.
Voting "No" Councilmembers Carbone, Reed, Ordeneaux and Little.
Motion Failed 4 to 2, with Councilmember Moore absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Ordeneaux and Little.
Voting "No" Councilmember Owens.
Motion Passed 5 to 1, with Councilmember Moore absent.
Second and Final Reading of Ordinance No. 2000M-162 - 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 Being lots 2, 3, and 4 of 18.6542 out of a 22.8622 acre tract of land out of
a portion of Lots, 28, 33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29,
Page 41, of the Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B.R.R.
Co. Survey, Abstracts 232 and 542, Brazoria County, Texas. (Approximately 18 acres
at the SWC of Rice Drier Road and N Main Street (SH35) with an address of 1916
North Main Street, Pearland, TX) Zone Change Application No. ZONE 17-00004, a
request of Method Architecture represented by Samuel Hero, applicant, on behalf of
Presidio Equities, LLC, owner, represented by Bobby Orr; for approval of a change in .
zoning from Light Industrial (M-1) to a Planned Development (PD) zoning district;
on approximately 18.6542 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.
Page 8 of 12 — 09/18/2017
Councilmember Owens made the motion, seconded by Councilmember Carbone to
approve Ordinance No. 2000M-162 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 17-00004.
Paul Glenn, 1871 Mykawa Road, -addressed Council stating he is the Human Resource
Manager of Third Coast Terminals. He stated his concern for the employees of Third
Coast Terminals if this zone change passes from a Light Industrial (M-1) to a Planned
Development (PD) zoning district. He asked Council to vote no on this item.
Aaron Lloyd, 1871 Mykawa Road, addressed Council stating he is the attorney for Third
Coast Terminals. He stated if this zone change passes going from Light Industrial (M-1)
to a Planned Development (PD) zoning district would have a material diverse effect on
Third Coast Terminal and its operations.
City Planner Jimontanae McBride presented an overview of the requested zone change.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone to
postpone Ordinance No. 2000M-162 to a future meeting.
Bobby Orr stated he has owned the property located at 1916 North Main Street for the
last seven years and Third Coast Terminals has had several opportunities to purchase
the property. At this point he has no interest in negotiating with Third Coast Terminal. He
will be extremely disappointed if this does not get considered tonight.
Voting "Aye" Councilmembers Owens and Carbone.
Voting "No" Councilmembers Ordeneaux, Little, Perez and Reed.
Motion Failed 4 to 2, with Councilmember Moore absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Carbone,, Reed, Ordeneaux and Perez.
Voting "No" Councilmember Owens and Little.
Motion Passed 4 to 2, with Councilmember Moore absent.
Council Action - Resolution No. R2017-170 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for the construction of the Independence Park
Phase 1 Project to Harper Brothers Construction, in the amount of $3,572,424.00,
including an appropriation of $130,000.00 from the Park Zone Development Fund.
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Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Reed to
approve Resolution No. R2017-170.
City Manager Clay Pearson reported Council is being asked to award a bid for the
construction of the Independence Park Phase 1 Project to Harper Brothers Construction.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Perez and Owens.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Little absent from the Chamber and
Councilmember Moore absent.
Council Action - Resolution No. R2017-172 - A Resolution of the City Council of the
City Of Pearland, Texas, approving a bond order of Brazoria County Municipal Utility
District No. 6 and authorizing the issuance of Series 2018 Bonds in an amount not to
exceed $4,870,000.00.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember. Carbone to
approve Resolution No. R2017-172.
City Manager Clay Pearson reported Council is being asked to approve a bond order of
Brazoria County Municipal Utility District No. 6 and authorizing the issuance of Series
2018 Bonds in an amount not to exceed $4,870,000.00.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez and Owens.
Voting "No" Councilmembers Reed and Carbone.
Motion Passed 4 to 2, with Councilmember Moore absent.
Council Action — Resolution No. 2017-181 - 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 with the Pearland Independent School District for the School
Resource Officer Program.
Councilmember Perez made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2017-181.
City Manager Clay Pearson reported Council is being asked for approval to enter into an
Interlocal Agreement with the Pearland Independent School district for the School
Resource Officer Program.
Page 10 of 12 — 09/18/2017
Voting "Aye" Councilmembers Perez, Owens, Carbone, Reed and Little.
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Ordeneaux absent from the Chamber and
Councilmember Moore absent.
Council Input and Discussion - Regarding speed limits and school zones.
Discussion ensued between Mayor Pro -Tem Reed, Councilmember Perez, City Engineer
Robert Upton and Assistant City Manager Trent Epperson regarding the speed limits and
school zones.
Assistant City Manager Trent Epperson stated if Council wants Staff to look at lowering
the speed limits it will need to start by doing a speed study.
Councilmember Perez stated to do a City wide speed study will be very expensive. Even
if it is done one by one in-certai'O.areas' it will still be expensive and less efficient. In order
to have better tools and mechahizes to deal with these issues more quickly is to have an
on staff Traffic Engineer. The speed studies could be done in house, we would have more
control, more direct input and more ability to modify has things change with traffic
conditions. If Council would like to move in that direction let's look at next year's budget,
to hire a Traffic Engineer.
Mayor Pro -Tem Reed stated he agrees with Councilmember Perez, but he does not want
to postpone this until 2018 or 2019.
Councilmember Carbone stated Staff has provided good information regarding this and
he does not see any reason for any changes at this time. He further stated it would be
beneficial for the City to have a Traffic Engineer on staff.
Council Input and Discussion - Regarding the Planned Development process:
Councilmember Perez stated his concerns regarding the -use of the Planned Development
process. He further stated Council has the opportunity to discuss the Planned
Development process to see if changes need to be made to give better guidance.
Mayor Pro -Tem Reed stated he has not heard any complaints regarding the Planned
Development process.
Page 11 of 12 — 09/18/2017
ADJOURNMENT
Meeting was adjourned at 8:48 p.m.
Minutes approved as submitted and/or corrected this the 13th day of November, A.D.,
2017.
D rrick Reed
Mayor Pro -Tem
ATTEST:
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