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2019-09-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 23, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:37 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem J. David Little Councilmember Luke Orlando Councilmember Derrick Reed Councilmember Gary Moore Councilmember Adrian Hernandez Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker Interim City Secretary Maria Rodriguez Others in attendance: Jon Branson Deputy City Manager, Matt Buchanan President of EDC, Trent Epperson Assistant City Manager, Roland Garcia Assistant Chief — Community Risk Reduction, John McDonald Director of Community Development, John McCarter Assistant Finance Director, Chris Orlea Director of Parks and Recreation, Cynthia Pearson Director of Finance, Vance Riley Fire Chief, Johnny Spires Police Chief, Robert Upton Director of Engineering and Capital Projects, Clarence Wittwer Director of Public Works, Joel Hardy Grants — Special Projects Administrator, Jennifer Huhn Court Administrator, Skipper Jones Assistant Director of Capital Projects, Joshua Lee Communications Director, Daniel McGhinnis Chief Information Officer and Lawrence Provins Deputy City Attorney. ROLL CALL: Mayor Reid, Mayor Pro -Tem Little, Councilmembers Orlando, Reed, Moore, Hernandez, Perez and Owens. CITIZEN COMMENTS: Diane Butcher, 1922 Prairie Creek, addressed Council and spoke regarding a revote for the bond election since the turnout was so small. Leo Walker, 2004 East Broadway, addressed Council and spoke regarding the Pearland Veterans Day Walk. Dallas Wilson, 2801 Waterside Trail, addressed Council representing Grace Church and spoke about the appreciation and gratitude the church has for Council. PUBLIC HEARING: None CONSENT AGENDA: Page 1 of 8 A. Consideration and Possible Action - Resolution No. R2019-210 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for the purchase of Debris Management Services with Ceres Environmental (Primary Contractor), for the period of November 1, 2019 to March 31, 2020. B. Consideration and Possible Action - Resolution No. R2019-209 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for the purchase of Debris Management Services with Crowder Gulf, LLC (Secondary Contractor), for the period of November 1, 2019 to March 31, 2020. C. Consideration and Possible Action - Resolution No. R2019-207 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of Debris Monitoring Services with Tetra Tech, Inc., for the period of November 1, 2019 to March 31, 2020. D. Consideration and Possible Action - Resolution No. R2019-215 -A Resolution of the City Council of the City of Pearland, Texas, authorizing the sale of property acquired through tax foreclosure proceedings. E. Consideration and Possible Action - Resolution No. R2019-234 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price service contract for HVAC/Refrigeration repair and maintenance services (Recreation Center and Natatorium) to the Lee Thompson Company, in the estimated amount of $100,000.00, for the period beginning October 1, 2019 through September 30, 2020. F. Consideration and Possible Action - Resolution No. R2019-219 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Ditch Cleaning Services with Donmar Grading, Inc., in the estimated amount of $200,000.00, for the period of October 1, 2019 through September 30, 2020. G. Consideration and Possible Action - Resolution No. R2019-229 -A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2020. Councilmember Orlando made the motion, seconded by Councilmember Moore to adopt Consent Agenda Items A through G with the exception of Item E as presented on the Consent Agenda. Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens. Voting "No" None. Motion passed 7 to 0. MATTERS REMOVED FROM CONSENT AGENDA: Page 2 of 8 E. Consideration and Possible Action - Resolution No. R2019-234 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price service contract for HVAC/Refrigeration repair and maintenance services (Recreation Center and Natatorium) to the Lee Thompson Company, in the estimated amount of $100,000.00, for the period beginning October 1, 2019 through September 30, 2020. Councilmember Orlando made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-234. City Manager Clay Pearson stated this is a renewal for a regular maintenance contract with Lea Thompson and is primarily for repairs at the Recreation Center. Councilmember Perez stated these HVAC/Refrigeration units are specialized and this is the only vendor in the region that can maintain these units. City Manager Clay Pearson stated these units are specialized and built for that kind of tough environment and that's why they've come up for renewal. Councilmember Owens stated there is a cost increase yearly for repairs to the Natatorium and asked staff if there is an issue with equipment. Assistant City Manager Trent Epperson stated the contract includes quarterly maintenance and repairs, so it needs to have adequate funds to cover those costs. He further stated only repairs that are needed will be done which may not add up to all the funds approved. Conversation ensued between Councilmember Hernandez and Assistant City Manager Trent Epperson regarding repairs to the Natatorium that are paid by the school district. Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Perez and Owens. Voting "No" Councilmember Moore. Motion passed 6 to 1. NEW BUSINESS: Second and Final Reading of Ordinance No. 1584 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020, and pay plans for fiscal year 2020. Councilmember Reed made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1584 on its Second and Final Reading. City Manager Clay Pearson stated this is the final reading adopting the budget for Fiscal Year 2020. Page 3 of 8 Assistant Director of Finance John McCarter presented to Council on the proposed Budget for ■ fiscal year 2020. Jeff Hunkele, 3912 Oakwood Dr, addressed Council and spoke in opposition of the proposed tax rate increase. Councilmember Owens stated he does not support the Budget and the needs of the City can be met at the current effective rate. Councilmember Perez stated he would like to answer a question that was raised by the speaker regarding a revote, stating that once a vote is complete the City is required by law to follow that directive. He further stated Council is obligated to pass a Budget and is working to make this Budget agreeable. Councilmember Moore stated he appreciates the citizens that have shown up and encourages them to be a part of the process next year during the early sessions. He further stated he does not agree entirely with the Budget but if the City is to do what is necessary the Budget must pass. Councilmember Hernandez stated the many ways the City has reached out to get feedback and received little response. He further stated citizens have multiple avenues to speak with Council and should use those in the future and be more engaged. Councilmember Little stated he is opposed to the proposed Budget and feels that it can be reworked. He further stated he was against the Animal Shelter when it was proposed but it went to voters and was passed. Councilmember Little stated if more people got involved with the Bond vote the result may have been different. Councilmember Reed condemned the lack of voting and stated Council is readily available and can be seen within the community so there is a chance to be informed. He further stated he will vote against the Budget. Councilmember Orlando stated he appreciates the feedback from citizens and now is the time to start looking at the next Budget to make changes. He further stated it does not help to show up at the last minute when a Budget must be passed and oppose it. Councilmember Orlando encouraged the citizens to get involved early. Voting "Aye" Councilmember Orlando, Hernandez, Moore and Perez. Voting "No" Councilmember Reed, Little and Owens. Motion passed 4 to 3. Second and Final Reading of Ordinance No. 1583 - An Ordinance adopting a tax rate of $0.741212 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 2019. Councilmember Little made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1583 on its Second and Final Reading. Page 4 of 8 City Manager Clay Pearson stated this will adopt a tax rate and levying taxes for the use and support of the Municipal Government. Assistant Finance Manager John McCarter presented to Council a Property Tax overview. Voting "Aye" Councilmember Orlando, Reed, Hernandez, Moore and Perez. Voting "No' Councilmember Little and Owens. Motion passed 5 to 2. Second and Final Reading of Ordinance No. 1358-18 -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, a repealer clause, providing for publication and an effective date. Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve Ordinance No. 1358-18 on its Second and Final Reading. Assistant Finance Director John McCarter presented to Council regarding the changes to the non - development fees and service fees. Councilmember Moore stated he does not support this Ordinance putting more of the burden on business owners. Councilmember Orlando stated he will vote in opposition of this Ordinance based on the changes to the water usage fees for businesses. Voting "Aye" Councilmember Reed, Hernandez, Perez and Owens. Voting "No" Councilmember Orlando, Little and Moore. Motion passed 4 to 3. Second and Final Reading of Ordinance No. 1023-9 - 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 Moore made the motion, seconded by Councilmember Hernandez to adopt Ordinance No. 1023-9 on its Second and Final Reading. City Manager Clay Pearson stated this is amending the development and permit fees as proposed in prior meetings. Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens. Page 5 of 8 Voting "No" None. Motion passed 7 to 0. Second and Final Reading of Ordinance 2000M-188 -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 all of a tract or parcel of land containing 79.1925 acres of land, part of so called West '/2 of the Northeast '/4 of Section 32, also being known as Lot 3-A, situated in the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County, Texas. (6700 Block of McKeever Road (CR 100) Zone Change Application No. ZONE 19-00013, a request by Chad Thumann, Sideline Investments, LLC., applicant, on behalf of THV Properties, LLC, owner; for approval of a zoning change from Single- family Estate District (R -E) to Single -Family Residential -3 (R-3) and Single-family Residential -4 District (R-4); on approximately 79.1925 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 Perez made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-188 on its Second and Final Reading. City Manager Clay Pearson stated this is for approval of a zoning change from Single-family Estate District (R -E) to Single -Family Residential -3 (R-3) and Single-family Residential -4 District (R-4) and has a negative recommendation from the Planning and Zoning Commission. Voting "Aye" Councilmember Orlando, Little, Hernandez, Moore, Perez and Owens. Voting "No" Councilmember Reed. Motion passed 6 to 1. First Reading of Ordinance 2000M-189 - 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, Tract (1): 8.99 acres of land situated in Lot 47 of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, out of the H.T. & B. R. R. Co. Survey, Abstract No. 234, Brazoria County, according to the plat recorded in Volume 2, Pages 23 & 24 of the Plat Records of Brazoria County, Texas. Tract (2): A tract of land containing 3.99 acres, being out of Lot 48, Allison Richey Gulf Coast Home Company Subdivision of Section 9, out of the H.T. & B. R. R. Co. Survey, Abstract No. 234, Brazoria County, according to the plat recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. (1706 & 1722 Roy Road) Zone Change Application No. ZONE 19-00015, a request by Michael C. Elliot, Independent Executer, applicant and owner; for approval of a zoning change from Suburban Residential -12 District (SR -12) to Light Industrial District (M-1), on approximately 12.89 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 Owens made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-189 on its First Reading. Page 6 of 8 Planning Manager Martin Griggs stated this is for approval of a zoning change from Suburban Residential -12 District (SR -12) to Light Industrial District (M-1). Voting "Aye" Councilmember Moore and Owens. Voting "No" Councilmember Orlando, Reed, Little, Hernandez and Perez Motion failed 5 to 2. First Reading of Ordinance 2000M-190 - 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 1, Block 1, of the Crown Plat, being an addition of 2.99 acres in the City of Pearland, Brazoria County, Texas, according to the plat recorded in Document No. 2010052498, in the Official Public Recorded of Brazoria County, Texas. (6301 Broadway Street) Zone Change Application No. ZONE 19-00017, a request by Nancy Murphy, applicant and owner; for approval of a Planned Development (PD) amendment to amend the base zoning for the Botanical Landscape PD from General Business District (GB) to General Commercial District (GC) and to permit outside storage within the district; on approximately 3.00 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 Orlando made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-190 on its First Reading. Planning Manager Martin Griggs stated this is for approval of a Planned Development (PD) amendment to amend the base zoning for the Botanical Landscape PD from General Business District (GB) to General Commercial District (GC) and to permit outside storage within the district. Conversation ensued between Councilmember Reed and Planning Manager Martin Griggs regarding the proximity of the proposed use to existing residential homes and the lighting restrictions in the site plans. Nancy Murphy, 2017 Victoria Court, addressed Council and stated the plan use would be for equipment storage and no buildings are currently planned but would like to have the flexibility to offer land to other businesses. Voting "Aye" Councilmember Orlando, Little, Hernandez, Moore, Perez and Owens. Voting "No" Councilmember Reed. Motion passed 6 to 1 First Reading of Ordinance 2000M-191 - 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 0.89 acres out of a tract Page 7 of 8 of land containing 3.05 acres out of an 11.45 acre tract out of the W.D.C. Hall League, Abstract No. 70, Brazoria County, being described in Volume 384, Page 541 of the Deed Records of Brazoria County, Texas. (2519 Broadway Street) Zone Change Application No. ZONE 19-00016, a request by Alan Mueller, applicant, on behalf of G -Tech Development, represented by Andy Grieve, owner; for approval of a zoning change from Single-family Residential -3 District (R-3) to General Business District (GB); on approximately 0.89 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 Reed made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-191 on its First Reading. Councilmember Perez stated he has consulted on this project and is recusing himself from the item discussion and vote. Planning Manager Martin Griggs stated this is for approval of a zoning change from Single-family Residential -3 District (R-3) to General Business District (GB). Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Owens. Voting "No" None. Motion passed 6 to 0 with Councilmember Perez absent from Chambers. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Mayor Reid stated Executive Session has been cancelled. NEW BUSINESS CONTINUED: None OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:36 p.m. Minutes approved as submitted and/or corrected ATT T: •.. Crystal. Roan, TR C, CMC City Secretary this the 2 to dayary, A.D., 2020. Tom Reid Mayor Page 8 of 8 H 1 1