2017-12-11 CITY COUNCIL REGULAR MEETING MINUTESJ
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 11, 2017 AT 6:30 P.M., AT
THE PUBLIC SAFETY BUILDING, 2555 CULLEN BLVD., PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Derrick Reed
Tony Carbone
Gary Moore
Keith Ordeneaux
Trent Perez
Woody Owens
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; Jai
McBride City Planner; John McCarter Budget Officer; Chris Odea Director of Parks and
Recreation; Cynthia Pearson Director of Finance; Robert Upton City Engineer; Eric
Wilson Director of Public Works; Sparkle Anderson Communications Director; Joel Hardy
Interim Management Assistant; Daniel McGhinnis Chief Information Officer; Rick
Overgaard Assistant Finance Director; Lawrence Provins Deputy City Attorney; Johnny
Spires Police Chief.
The invocation was given by Councilmember Ordeneaux and the Pledge of Allegiance to
the American Flag was led by Patrick Swalwell of Pack 446 and the Pledge of Allegiance
to the Texas Flag was led by JP Jewell of Pack 446.
Mayor Reid recognized Cub Scouts Pack 446 attending the City Council meeting.
ROLL CALL: Mayor Pro -Tem Reed, Councilmembers, Carbone, Moore, Ordeneaux,
Little, Perez, and Owens.
CITIZEN COMMENTS:
JoAnne Knodel, 2013 Foxgove Oaks Court, addressed Council stating she is a Board
Member of the Forever Parks Foundation of Pearland. She thanked the City for their
continued support.
PUBLIC HEARING: None.
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CONSENT AGENDA: '
A. Consideration and Possible Action of Minutes:
Minutes of the November 6, 2017, Joint Special Meeting held at 6:30
p.m.
Minutes of the November 6, 2017, Special Meeting held at 7:00 p.m.
Minutes of the November 20, 2017, Joint Public Hearing held at 6:30
p.m.
B. Consideration and Possible Action - Second and Final Reading
of Ordinance No. 1553 - An Ordinance of the City Council of the
City of Pearland, Texas, finding that the City has established
Guidelines and Criteria for Granting Tax Abatement pursuant to
Resolution No. R2017-12; designating and describing a
Reinvestment Zone (to be known as Reinvestment Zone #29)
generally located near Kirby Drive and Beltway 8, in accordance with
the Property Redevelopment and Tax Abatement Act; finding that
the improvements sought are feasible and practical and would be a
benefit to the land to be included in the zone and the municipality
after the expiration of the Tax Abatement Agreement; authorizing the
City Manager to sign tax abatement agreements when approved by
the City Council; having a savings clause and a severability clause;
and an effective date.
C. Consideration and Possible Action - Excuse the Absence of
Councilmember J. David Little from the Regular Council Meeting
held on November 27, 2017.
D. Consideration and Possible Action - Resolution No. R2017-240
- A Resolution of The City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to participate in an
interlocal cooperative pricing arrangement with the Houston -
Galveston Area Council (HGAC) for the purchase of one (1)
concrete truck in the amount of $157,849.00 from Rush Truck
Center.
MATTERS REMOVED FROM CONSENT AGENDA: None
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve items A through D as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez, and
Owens.
Voting "No" None.
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' Motion Passed 7 to 0.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-166 - 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
2.197 acres of land located in the H.T. & B. R.R. Company Survey, Section 81, Abstract
Number 300, Brazoria County, Texas, being the residue of a called 2.21 acre tract
conveyed to Kirby/59 Partners II L.P. by an instrument of record in Document Number
2007060968 of the Official Records of said Brazoria County, Texas (B.C.O.R.).
(Northeast corner of CR 59 and Kirby Drive, Pearland, TX) Zone Change Application
No. ZONE 17-00018, a request of Shan Patel, applicant, on behalf of Kirby/59 Partners
II LP represented by Kirk Laguarta, owner; for approval of a change in zoning from
Office Professional (OP) to a Neighborhood Services (NS) zoning district; on
approximately 2.197 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 Moore made the motion, seconded by Mayor Pro -Tem Reed to approve
Ordinance No. 2000M-166 on its First Reading.
' Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. ZONE 17-00018.
Senior Planner Martin Griggs presented an overview of the requested change in zoning
from Office Professional (OP) to a Neighborhood Services (NS) zoning district.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
First Reading of Ordinance No. 2000M-167 - 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
Lot A and Lot B, 27.4346 acre (1,195,052 square foot) tracts of land located in the A.C.H.
& B. Survey, A-507 and the H. Stevens Survey, A-594, City of Pearland, Brazoria County,
Texas, and being a part of the lands described in deed to R. West Development Co., Inc.
' recorded under Brazoria County Clerk's File No. 99-04066, and a deed to Ravenwood
Section 3, Ltd. Recorded under Brazoria County Clerk's File No. 02-037050, both of the
Official Public Records of Brazoria County Texas. (4055 Village Drive, Pearland, TX)
Zone Change Application No. ZONE 17-00018, a request of Cortland Partners, applicant,
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on behalf of VOTL Holdings LLC, owner; for approval of reinstatement and '
amendment to the previously approved Planned Development #25; on approximately
27.4346 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 Moore to approve
Ordinance No. 2000M-167 on its First Reading.
Mark Johnson, 2264 Hidalgio Drive, addressed Council stating he is asking Council's
approval of Ordinance No. 2000M-167 for the proposed development of phase 2.
Stephanie White, 2800 South Texas Avenue, addressed Council stating she is
representing Cortland Partners, applicant, on behalf of VOTL Holdings LLC, owner; for
approval of the proposed reinstatement and amendment to the Planned Development
(PD).
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Ordinance No. 2000M-167.
Senior Planner Martin Griggs presented and overview of the requested proposed
reinstatement and amendment to the Planned Development (PD). '
Councilmember Perez stated he will approve this first reading, but for the second reading
he would like to see the exhibits that will reflect the secondary access and the cul-de-sac
that will be required.
Discussion ensued between Councilmember Perez and Stephanie White Cortland
Partners Representative regarding the exhibit showing an access easement and the plat
showing a 70 foot right-of-way.
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens and Carbone.
Voting "No" Councilmember Moore.
Motion Passed 6 to 1.
First Reading of Ordinance No. 2000T-27 - An Ordinance of the City Council of the City
of Pearland, Texas, amending selected provisions of the Unified Development Code
regarding the Land Use Matrix, regulations specific to use (liquor/package stores & micro -
breweries/ micro -distilleries/ micro -wineries), regulations associated with landscape
buffer, and to the tree mitigation fee credits; having a savings clause, a severability I clause, and a repealer clause; providing for codification, publication and an effective date.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
postpone Ordinance No. 2000T-27.
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' Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Ordinance No. 2000-27 on its First Reading.
Buck Stevens, 4701 W. Orange Street, addressed Council stating his concerns regarding
some of the changes to the Unified Development Code (UCD) needing clarification.
Senior Planner Martin Griggs presented and overview of the amended provisions of the
Unified Development Code regarding the Land Use Matrix.
Councilmember Moore stated he is not in favor of a package liquor store must be at least
2500 feet from the nearest package liquor store. He stated his concern regarding the
amount of acres needed to have a food truck.
Councilmember Ordeneaux stated he is not sure what the alcohol provisions are trying to
control when the City specially pulled out grocery and convenient stores to sell alcohol. If
Texas Alcoholic Beverage Commission (TABC) does not allow drive-thru then it is a mute
point. He further stated regarding the food trucks being lumped together the way they are
he will be voting no.
Councilmember Perez stated his concerns regarding clarification for package liquor
stores cannot be within 300 feet of the entrance of any residential subdivision. He stated
' it is inherent the Unified Development Code is to be followed, he does not see the benefit
of reiterating it.
Discussion ensued between Councilmember Perez and City Attorney Darrin Coker
regarding tree mitigation fees and credits.
Councilmember Owens stated his concerns regarding a package liquor store must be at
least 2500 feet from the nearest package liquor store.
Councilmember Perez made the motion, seconded by Councilmember Carbone to
postpone Ordinance No. 2000T-27 for better clarification.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed, Ordeneaux and
Little.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-217 - A Resolution and Order of the City
' Council of the City of Pearland, Texas, casting votes for candidates for the Brazoria
County Appraisal District Board of Directors for the 2018-2019 term.
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Councilmember Little made the motion, seconded by Councilmember Moore to approve I Resolution No. R2017-217 a Resolution and order of City Council, City of Pearland, Texas
casting a vote for candidate Rubye Joe Knight for the Brazoria County Appraisal District
Board of Directors for the 2018-2019 term.
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone, Moore, Reed and
Ordeneaux.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-219 - A Resolution and Order of the City
Council of the City of Pearland, Texas, casting votes for candidates for the Harris County
Appraisal District Board of Directors for the 2018-2019 term.
Councilmember Perez made the motion, seconded by Councilmember Ordeneaux to
approve Resolution No. R2017-219 a Resolution and order of City Council, City of
Pearland, Texas casting a vote for candidate Mike Sullivan for the Harris County
Appraisal District Board of Directors for the 2018-2019 tens.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed, Ordeneaux and '
Little.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-218 - A Resolution and Order of the City
Council of the City of Pearland, Texas, casting votes for candidates for the Fort Bend
County Appraisal District Board Of Directors for the 2018-2019 tens.
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-218 a Resolution and order of City Council, City of
Pearland, Texas casting a vote for candidate Heather Zalas for the Fort Bend County
Appraisal District Board of Directors for the 2018-2019 term.
Voting "Aye" Councilmembers Owens, Carbone, Moore, Reed, Ordeneaux, Little and
Perez.
Voting "No" None.
Motion Passed 7 to 0.
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' Council Action — Resolution No. R2017-254 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple
title to certain property associated with public improvements in the Lower Kirby vicinity;
all of that 1.005 acres of land, In the James Hamilton Survey, A-881, Harris County,
Texas, which is all of a 1 acre tract described In the deed from F.D. Limke to Edgar Ellis,
recorded under Volume 467, Page 116, In the Deed Records of Harris County, Texas out
of Lot 3, of the JAMES HAMILTON SURVEY, a subdivision of record in Volume 83, Page
342 of the Deed Records of Harris County, Texas, for the construction and maintenance
of public facilities, park improvements, water, sewer, drainage and road improvements on
certain real property described herein; authorizing the City Attorney, or his designee, and
other city officials to take such actions as are necessary to acquire said property, located
within the City, by donation, purchase, or by the exercise of the power of eminent domain.
City Attorney Darrin Coker stated he will read the captions for this item and the next item
in their entirety as requirements of State Law and Council can make a motion accordingly.
Council Action — Resolution No. R2017-255 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple
title to certain property associated with public improvements in the Lower Kirby vicinity;
All of that 1.001 acres of land, In the James Hamilton Survey, A-881, Harris County,
Texas, which is all of a 1 acre tract described in the deed from I. Smith to Leo Mazow,
' recorded under Volume 784, Page 675, in the Hams County Deed Records, out of Lot 3,
of the JAMES HAMILTON SURVEY, a subdivision of record in Volume 83, Page 342 of
the Deed Records of Harris County, Texas, for the construction and maintenance of public
facilities, park improvements, water, sewer, drainage and road improvements on certain
real property described herein; authorizing the City Attorney, or his designee, and other
city officials to take such actions as are necessary to acquire said property, located within
the City, by donation, purchase, or by the exercise of the power of eminent domain.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2017-254 and Resolution No. R2017-255.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-252 - A Resolution of the City Council of the
City of Pearland, Texas, renewing a unit supply contract for sludge transfer, dewatering
and lift station cleaning services to Magna Flow Environmental in the estimated amount
' of $450,000.00 beginning December 12, 2017 through December 11, 2018.
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Councilmember Moore made the motion, seconded by Mayor Pro -Tem Reed to approve '
Resolution No. R2017-252.
City Manager Clay Pearson reported Council is being asked to renew a unit supply
contract for sludge transfer, dewatering and lift station cleaning services to Magna Flow
Environmental.
Discussion ensued between Councilmember Moore and City Manager Clay Pearson
regarding Magna Flow Environmental was chosen because they are able to do everything
that is required.
Discussion ensued between Councilmember Perez and Director of Public Works Eric
Wilson regarding when this contract starts new the City will request the dried solids be
taken to a landfill other than Blue Ridge Landfill.
Councilmember Carbone stated when this contract starts new he would like to know the
cost difference. He further stated he is not going to blindly say the City cannot go to Blue
Ridge Landfill if it is going to cost the City in excess of 100,000 to utilize another landfill.
Assistant City Manager Trent Epperson stated when the contract starts new the City will
take bids showing see the costs.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and '
Carbone,
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2017-251 - A Resolution of the City Council of the
City of Pearland, Texas, renewing a unit price contract for dewatered bio -solids disposal
services to Sprint Waste Services LP in the estimated amount of $461,000.00 beginning
December 15, 2017 through December 14, 2018.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2017-251.
City Manager Clay Pearson reported Council is being asked to renew a unit price contract
for dewatered bio -solids disposal services to Sprint Waste Services LP.
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and
Moore. '
Voting "No" None.
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' Motion Passed 7 to 0.
First Reading of Ordinance No. 1544-1 - An Ordinance of the City Council of the City
of Pearland, Texas, amending Ordinance No. 1544, the 2017-2018 Annual Budget
Ordinance, by; authorizing the City Manager or his designee to take all actions necessary
to facilitate the changes identified herein without further approval of City Council;
providing a savings clause, a severability clause, a repealer clause, and an effective date.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Ordinance No. 1544-1 on its First Reading.
Budget Officer John McCarter presented and overview of the carryover expenditures and
the budget for those items to be re-established in this fiscal year.
Discussion ensued between Councilmember Owens and City Manager Clay Pearson
regarding property tax revenue.
Councilmember Carbone thanked staff for the memo's and detail.
Discussion ensued between Councilmember Carbone and Budget Officer John McCarter
regarding revenue being down due to building permits and how that will track into the
' future.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Carbone, Moore and
Reed.
Voting "No" None.
Motion Passed 7 to 0.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
Council adjourned into Executive Session under Texas Government Code at 7:51 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Executive Session — Section 551-074 — Personnel Matters — Regarding
appointments to City Boards and Commissions.
' 2. Executive Session — Section 551-071 — Consultation with City Attorney -
Regarding pending and potential litigation.
Council returned from Executive Session at 9:05 p.m.
Page 9 of 10 —12/11 /2017
OTHER BUSINESS: No Council action taken. '
ADJOURNMENT:
Meeting was adjourned at 9:06 p.m.
Minutes approved as submitted and/or corrected this the 8'1 day of January, A.D., 2018.
Tom Reid
Mayor
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