the council chambers, city hall, 3519 liberty drive, …...sep 12, 2016 · r e minutes of a...

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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF

PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 12, 2016, AT 6: 30 P. M., IN

THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.

Mayor Reid called the meeting to order at 6: 37 p. m. with the following present:

Mayor Tom Reid

Mayor Pro -Tem Gary MooreCouncilmember Tony CarboneCouncilmember Derrick Reed

Councilmember Keith Ordeneaux

Councilmember Greg HillCouncilmember Trent Perez

City Manager Clay PearsonCity Attorney Darrin Coker

City Secretary Young Lorfing

Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President ofEconomic Development Corporation; Kevin Byal Building Official; J. C. Doyle Police Chief; Paulette Englund Budget Analyst; Trent Epperson Assistant City Manager; Roland GarciaFire Marshal; Michelle Graham Director of Human Resource; Lata Krishnarao Director of

Community Development; Frankie Legaux City Planner; Chris Orlea Director of Parks andRecreation; Cynthia Pearson Director of Finance; Kim Sinistore Executive Director of the

ConventionNisitors Bureau; Neelie Walker Budget Analyst; Eric Wilson Public Works;

Sparkle Anderson Communications Director; Joel Hardy Grants Coordinator; JenniferHuhn Court Administrator; Skipper Jones Assistant Director of Capital Projects; Michael

Leech Assistant Director of Public Works; Richard Mancilla Interim City Engineer; JohnMcCarter Management Assistant; Rick Overgaard Assistant Finance Director; JohnnySpires Assistant Police Chief.

The invocation was given by Councilmember Hill and the Pledge of Allegiance was ledby Chief of Police J. C. Doyle.

Mayor Reid stated this is the 15th year anniversary of 9/ 11. This is something to keep inremembrance all those that lost their lives. From that devastation we have become a

better nation under God and should always be proud.

ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,

Ordeneaux, Hill, and Perez.

CITIZEN COMMENTS:

Rushi Patel, 12213 Rosemont Lane, addressed Council stating his concerns regarding

the water/sewer rates going up for Commercial Businesses.

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Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regardingthe City Council meeting live stream not working properly.

Carol Artz- Bucek, 6117 Broadway, addressed Council stating her concerns regarding thewater/sewer rates going up for Commercial Businesses.

Woody Owens, 2117 Country Club Drive, addressed Council stating his concernsregarding the water/sewer rate increase.

Vira Santellana, 2706 Shakespeare Street, addressed Council stating her concernsregarding the water/sewer rate increase. She further stated her concern regarding thesidewalk in front of her house is caved in and unleveled.

PUBLIC HEARING: None.

CONSENT AGENDA:

A. Consideration and Possible Action — Approval of Minutes:

1. Minutes of the July 25, 2016, Regular Meeting held at 6: 30 p. m. 2. Minutes of the August 6, 2016, Special Meeting held at 8: 30 a. m. 3. Minutes of the August 8, 2016, Regular Meeting held at 6: 30 p. m. 4. Minutes of the August 15, 2016, Special Meeting held at 6: 30 p. m.

B. Consideration and Possible Action — Second and Final Reading ofOrdinance No. 2000-T-21 — An Ordinance of the City Council of the Cityof Pearland, Texas, amending selected provisions of the UnifiedDevelopment Code of the City; having a savings clause, a severabilityclause, and a repealer clause; providing for codification, publication andan effective date.

C. Consideration and Possible Action — The reappointment of Ron

Fraser to Position No. 2, with the term expiring November 1, 2019, andthe reappointment of Mary Hickling to Position No. 5 with the termexpiring November 1, 2019 to serve on the Animal Shelter AdvisoryCommittee.

D. Consideration and Possible Action — The reappointment of GaryLawrence to Position No. 3 with the term expiring November 1, 2021 toserve on the Building/ Fire Code Board of Adjustments.

E. Consideration and Possible Action — Ratify the City Manager' sreappointment of Phil Cessac to Position No. 1 to serve on the Civil

Service Commission for a 3 -year term expiring November 1, 2019.

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F. Consideration Input and Discussion — The reappointment of

Manny Patel to Position No. 1 with the term expiring November 1, 2019, and then reappointment of Gaylynn Nasier to Position No. 2 with the term

expiring November 1, 2019 to serve on the Convention and Visitor' sBureau Advisory Board.

G. Consideration and Possible Action — The reappointment of Bill Sloan

to Position No. 2, with the term expiring September 30, 2018 and thereappointment of Ed Baker to Position No. 4 with a term expiringSeptember 30, 2018 to serve on the Development Authority of PearlandBoard.

H. Consideration and Possible Action — The reappointment of Ron

Bavarian to Position No. 1 with a term expiring November 1, 2018 andthe reappointment of Robert Kettle to Position No. 3 with the term

expiring November 1, 2018 to serve on the Electrical Board.

I. Consideration and Possible Action — The reappointment of GaryShiver to Position No. 2 with the term expiring November 1, 2021 toserve on the Gas and Plumbing Board.

J. Consideration and Possible Action — The reappointment of Crystal

Carbone to Position No. 2 with the term expiring November 1, 2019 andthe reappointment of Dale Pillow to Position No. 5 with the term expiringNovember 1, 2019 to serve on the Library Board.

K. Consideration and Possible Action — The reappointment of Layni

Cade to Position No. 1 with the term expiring November 1, 2019 and thereappointment of Cheryl Weaver to Position No. 4 with the term expiringNovember 1, 2019 to serve on the Parks, Recreation and BeautificationBoard.

L. Consideration and Possible Action — The reappointment of Brandon

Dansby to Position No. 2 with the term expiring November 1, 2018, andthe reappointment of Mona Chavarria to Position No. 4 with a term

expiring November 1, 2018 to serve on the Pearland EconomicDevelopment Corporation Board of Directors.

M. Consideration and Possible Action — The reappointment of Mary Starrto Position No. 1 with the term expiring November 1, 2019, thereappointment of Troy Pradia to Position No. 4 with the term expiringNovember 1, 2019 and the reappointment of Derrell Isenberg to PositionNo. 6 with the term expiring November 1, 2019 to serve on the Planningand Zoning Commission.

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N. Consideration and Possible Action — The reappointment of Herbert

Fain, Jr. to Position No. 3 with the term expiring November 1, 2018, thereappointment of Gary Cook to Position No. 4 with the term expiringNovember 1, 2018 and the reappointment of Kenneth R. Phillips to

Position No. 5 with the term expiring November 1, 2018 to serve on theTax Increment Reinvestment Zone No. 2.

O. Consideration and Possible Action — The reappointment of Dale

Pillow to Position No. 1 with the term expiring November 1, 2018, thereappointment of Donald Glenn to Position No. 3 with the term expiringNovember 1, 2018 and the reappointment of Jessica Anderson to

Position No. Al with the term expiring November 1, 2018 to serve on theZoning Board of Adjustments.

P. Consideration and Possible Action — Resolution No. R2016- 158 — A

Resolution of The City Council of the City of Pearland, Texas, adoptingan Amended Investment Policy, Investment Strategy and approvedBrokers in accordance with Chapter 2256 of the Government Code

Public Funds Investment Act").

Q. Consideration and Possible Action — Resolution No. R2016- 159 — A

Resolution of the City Council of the City of Pearland, Texas, acceptingthe City's Investment Report for the quarter ending June 2016.

R. Consideration and Possible Action — Resolution No. R2016- 154 — A

Resolution of the City Council of the City of Pearland, Texas, renewinga contract for Fire Department medical screening services withMemorial -Hermann Medical Group in the estimated amount of

80, 000.00 for the period of September 14, 2016 through September 13,

2017.

Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adoptConsent Agenda Items A through R as presented on the Consent Agenda.

Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.

Voting " No" None.

Motion Passed 6 to 0.

NEW BUSINESS:

First Reading Ordinance No. 1530 — An Ordinance adopting a tax of $ 0. 6812 andlevying 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 2016.

Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approveOrdinance No. 1530 on its First Reading.

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City Manager Clay Pearson reported the Tax Code Section 26.05 requires a taxing unitto adopt its tax rate before September 30th or by the 60th day after the taxing unit receivesthe certified appraisal roll, whichever day is later.

Director of Finance Cynthia Pearson gave a presentation of the Fiscal Year 2016-2017

Proposed Budget and adopting the Tax Rate.

Livia Torres, 3318 Churchill Street, addressed Council stating her concerns regarding theCity's budget book being too large to copy or view, the cost of the studies the City isconducting, new City positions and purchasing police vehicles. She further stated herconcerns regarding Super Bowl week would not be beneficial to the City.

Ron Mansell, 2707 Laurel Creek Way, addressed Council stating his concerns regardingthe water/sewer rate increase.

Charles McMurry, 5209 Spring Branch Drive, addressed Council stating when the Citytalks about money they also talk about the services the City will be able to provide. Hefurther stated he agrees with the City tax rate, taxes are higher because the appraisedvalue of property went up. He stated he wants to enjoy the City services and to do thatCouncil is going to have to approve this tax rate, otherwise the City will not be able toprovide the services that are needed.

Lisa Hudanich, 2410 Eagles Way, addressed Council stating her job is working withbudgets and forecasts. She further stated her hat is off to Staff and Council for the hard

work they do working on the City budget. She stated her concerns regarding thewater/sewer rate increase and increase in taxes.

Councilmember Perez stated this is not an easy decision. Council has to find a way tobalance how much revenue the City takes in and how much the City spends to providethe services the residents deserve.

Councilmember Hill stated he likes the ability to reduce the tax rate, but because propertyvalues have increased it will be an increase in what the residents will pay. What isappealing to see is the amount of debt the City will be able to pay off.

Councilmember Ordeneaux stated he has always said the City needs more revenue todo the things that need to be done. The City is able to reduce the tax rate and still increasethe revenue.

Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearsonregarding the large budget books.

Mayor Pro -Tem Moore stated regarding the studies the City is conducting will show theCity areas that need or do not need improvement. The studies can give the City a plan towork with. He further stated regarding the tax rate, the City needs to bring in more revenueto be able to give the residents the services they need and deserve.

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Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearsonregarding the purchasing of police vehicles.

Councilmember Reed stated the tax rate will decrease, but the amount the residents will

pay will be more because the property value is going up. He further stated he will bevoting for the tax rate of $0. 6812 on each $ 100 valuation of property.

Councilmember Carbone stated he struggles with the tax rate. It will be the highest

effective tax rate increase in the history of Pearland. He stated regarding the water/sewerrate increase is going to be tough on businesses. He further stated he thinks going withthe tax rate of $0. 6812 is the wrong way to go.

Mayor Reid stated the City has to take in enough revenue to take care of and maintaincapital improvements. It will cost the residents more now or later.

Councilmember Perez gave a brief explanation regarding the budget, funds for capitalimprovements, City services, City debt and the tax rate.

Councilmember Ordeneaux stated the correct wording needs to be used in the Taxmotion.

Councilmember Reed made a motion, seconded by Mayor Pro -Tem Moore to adopt theproposed tax rate of $0. 6812 on each $ 100 valuation of property, a property tax revenueincrease of 6. 670% above the effective tax rate.

Councilmember Carbone stated he would like to be clear regarding going above the rollback rate is not going to solve all the problems. The original budget staff brought toCouncil was at the roll back rate. He stated Council wanted to go higher because we have

political cover to reduce the rate, but still raise revenues to the highest tax increase in the

history of Pearland.

Councilmember Ordeneaux stated let us not use political cover here. He stated he told

the citizens he was going to find the services they wanted. He has still yet to hear whatcuts will be done to get back to the roll back rate.

Councilmember Perez stated it is difficult to come up with a clean answer, and all thepoints are valid. When do we actually take care of the issues that are in front of us otherthan just saying we are cutting taxes. When will it be ok for us to finally swallow the pilland say we either lessen the value of our City or we invest in the City' s future.

Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez.

Voting " No" Councilmember Carbone.


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First Reading of Ordinance No. 1529 — An Ordinance appropriation adopting a budgetfor the fiscal year beginning October 1, 2016, and ending September 30, 2017, and payplans for fiscal year 2017.

Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed, to approveOrdinance No. 1529 on its First Reading.

Budget Analyst Paulette Englund gave a presentation on Fiscal Year 2016-2017 Budget

Ordinance and Pay Plans for adoption.

Budget Analyst Neelie Walker presented the Enterprise Fund, Internal Service Funds and

Other Funds by Strategic Priority.

Director of Finance Cynthia Pearson presented Council Discussion Topics:

Addressing CoordinatorMotor Pool

Street Program

Sidewalk Program

Facility MaintenanceCommunity Development Supplemental StaffingWater/Sewer Fund Grounds Maintenance Contract

Super Bowl Week in Pearland

Councilmember Carbone stated he is still not convinced that an Addressing Coordinatorposition is necessary.

Councilmember Reed stated after talking with the Fire and Police departments they donot have any issues with addresses. He is not convinced the City needs an AddressingCoordinator.

Mayor Pro -Tem Moore stated he does not know enough about an AddressingCoordinator. He has heard the comments Councilmember Perez has made regarding anAddressing Coordinator and he can see that position may benefit the City, but he is notcompletely sold on the position.

Councilmember Ordeneaux stated he is sold on the position, but if it makes everyone feel

better to cut $82, 000 he will support Council.

Councilmember Perez stated he has actually done an Addressing Coordinator job andspeaking from experience it is a very demanding and difficult job. City Staff has toldCouncil the City needs this position. Someone has to do this job, which staff employee isgoing to do it.

Councilmember Hill stated some years ago a retail space was misaddressed, the

business men and women working there were upset and it took a long time to get it fixed.

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He further expressed he fought for years regarding the address for the Pearland Lion' sClub to get changed. This has been an issue in the past. He further stated the concern

for him is whether to hire someone full time, or contract it out.

Mayor Reid stated he has had many problems with his house address. Plumbers, phonecompanies or any other company can never find his house because of the way it isaddressed. He further stated an Addressing Coordinator would be beneficial to the City.

Councilmember Ordeneaux stated if there is a problem with addresses, they need to befixed. Doing the right thing is not always easy. The Mayor's address needs to be fixed.

Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager TrentEpperson regarding the cost of contracting an Address Coordinator.

Fire Marshal Roland Garcia gave several examples of problem addresses around the

City.

Assistant City Manager Trent Epperson stated one of the first things this position wouldbe charged with is to establish a list of Address Standards.

Councilmember Hill stated from the way it sounds there are many address issues andmaybe we need to push forward with this position.

Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to removethe Addressing Coordinator position from the budget.

Voting "Aye" Councilmembers Carbone and Reed.

Voting "No" Councilmembers Moore, Ordeneaux, Hill, and Perez.

Motion Failed 4 to 2.

City Manager Clay Pearson gave an overview of the Motor Pool.

Discussion ensued between Councilmember Carbone and Director of Finance Cynthia

Pearson regarding the meaning of replacement vehicles, motor pool, rolling stock andtractors.

Councilmember Carbone stated he was not opposed to the idea when the consultant

discussed the financial impact of take home fleet vehicles, but he is having heart burnwhen being told it was Police department fleet and now it is rolling stock.

Mayor Pro -Tem Moore stated he agrees with Councilmember Carbone. We need to be

consistent with what we are saying and doing.

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Discussion ensued between Councilmembers Ordeneaux, Hill and City Manager ClayPearson regarding what has changed from Police Department fleet to what the City isactually purchasing.

Councilmember Perez stated this is somewhat confusing. He does think developing aFleet Fund to be able to pay as you go is a good investment.

Councilmember Carbone stated he is in favor of the Police Department fleet for $225,000

which was presented originally on August 22, 2016.

Councilmember Reed made the motion, seconded by Councilmember Carbone to keepthe $225,000 in the budget but to designate it to the Police Department fleet vehicle fund.

Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.

Voting " No" Councilmember Ordeneaux.


City Manager Clay Pearson gave an overview of the Street and Sidewalk Program.

Discussion ensued between Councilmember Hill, Assistant City Manager Trent Eppersonand City Manager Clay Pearson regarding $ 1, 729, 272 for the Street and SidewalkProgram.

Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore tokeep the $ 1, 729, 272 for Street and Sidewalk Program in the budget.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Carbone, and Moore.

Voting " No" None.

Motion Passed 5 to 0, with Councilmember Reed absent from the Chamber at 9: 05 p. m.

Councilmember Reed returned to the Chamber at 9: 10 p. m.

City Manager Clay Pearson gave an overview of the Facility Maintenance.

Discussion ensued between Councilmembers Carbone, Ordeneaux and Assistant CityManager Trent Epperson regarding Fire Station # 1 and the ongoing sewer line plumbingissues.

Mayor Pro -Tem Moore made the motion, seconded by Councilmember Perez to leavethe Facility Maintenance as is in the budget.

Voting " Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.

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Voting " No" None.


City Manager Clay Pearson gave an overview of the Community DevelopmentSupplemental Staffing.

Discussion ensued between Councilmember Carbone and President of Pearland

Economic Development Corporation Matt Buchanan regarding saving on contractedservices and temporary positions.

Discussion ensued between Mayor Pro -Tem Moore and City Manager Clay Pearsonregarding the difference between hiring one full- time position or two part- time positions.

Councilmember Perez stated the City needs to start investing in this department andsolve the turnover issue.

Councilmember Ordeneaux stated out of every five complaints he receives two to threeare regarding Community Development. He further stated he thinks a large problem isstaffing. He stated he has compared Pearland to other City' s that are close in populationand they have more staffing in Community Development than Pearland. This budgetamount does not come close to meeting the needs in Community Development.

Mayor Pro -Tem Moore made the motion, seconded by Councilmember Perez to leavethe Community Development Supplemental Staffing in the budget.

Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez.



Assistant City Manager Trent Epperson gave an overview of the Water/Sewer FundGrounds Maintenance Contract.

Discussion ensued between Councilmember Carbone and Assistant City Manager TrentEpperson regarding moving Water/Sewer ground maintenance to contract mowing andWater/ Sewer salary and wages decrease.

Councilmember Carbone stated to pay $ 200, 000 to mow around Water/Sewer Plants isa lot of money. Is there a standard for mowing the Water/Sewer Plants.

Director of Public Works Eric Wilson stated there are statutory requirements by the TexasCommission on Environmental Quality ( TCEQ) regarding mowing and maintenance ofthe Water/Sewer Plants because of health and safety issues. The City has fiveWastewater Treatment Plants that varies from five to fifteen in acreage. He further stated

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seventy four lift stations and thirteen water facilities that are large in size.

Discussion ensued between Council and Assistant City Manager Trent Eppersonregarding contract mowing verses employee mowing.

Councilmember Reed stated he would not be able to vote on this without more information

and to see a better breakdown.

Councilmember Carbone stated he does not see any kind of a savings. He could not voteat this time unless a savings, justification and details are provided by the next reading.

Councilmember Perez stated he agrees, he cannot see where there is a savings.

Councilmember Ordeneaux stated these meetings started in August 2016. These

numbers were in the first budget presented. Why was these details not asked for back inAugust.

Councilmember Carbone stated this is the first time the public has been able to see the

memos that were provided to Council by staff. He further stated this is the first logicalpresentation that has been captured in a way for Council to address in an orderly fashion.

Councilmember Ordeneaux stated he would suggest to the public to listen to the

Workshop audios. He further stated at the first Workshop he asked Council to start thisprocess what would Council like to cut from the budget and there was not a word spoken.

Councilmember Carbone made the motion, seconded by Councilmember Reed toremove the Water/Sewer Fund Ground Maintenance Contract.

Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.

Voting " No" Councilmember Ordeneaux.


City Manager Clay Pearson gave an overview of the Super Bowl Week in Pearland.

Councilmember Reed stated he has not seen any support from the local Hotel owners. He further stated he knows the Hotel Occupancy Tax is what will be funding the SuperBowl Week, but he thinks there is something better to use these funds to draw people toPearland. Right now he cannot see keeping this in the budget.

Discussion ensued between Councilmember Hill and Deputy City Manager Jon Bransonregarding a breakdown of the Hotel/ Motel Occupancy Tax and the Parks Donation Fund.

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Councilmember Carbone stated he is ok with removing the funds for the second day ofWinterfest. He further stated he does not understand how running a shuttle up and downFM 518 will get more people to stay in hotels.

Mayor Pro -Tem Moore stated the City of Houston will be offering so many events duringSuper Bowl Week that people will be staying in Houston because that is where all theaction will be. He further stated the Convention/Visitors Bureau does a great job, he does

not want his vote to reflect upon that.

Executive Director, ConventionNisitors Bureau Kim Sinistore explained having the SuperBowl Week in Pearland will bring in additional hotel/ motel occupancy tax, sales tax, andevent revenues by encouraging visitors to frequent Pearland' s restaurants, shopping andentertainment.

Councilmember Ordeneaux stated he trusts the ConventionNisitors Bureau AdvisoryBoard. Most of the members are hotel owners and they are recommending to do this. Hefurther stated because of the lack of taxi service for some of the hotels he does not wantto see the shuttle transportation portion cut from the budget.

Councilmember Hill stated he does not think the Winterfest portion would be beneficial to

the City, but he does think the shuttle bus would be a wise investment for the City.

Councilmember Perez stated he does not think the second day of Winterfest would be agood investment for the City. He further stated you have to spend money to make moneyand that is what the Hotel Occupancy Tax is meant for.

Councilmember Reed made the motion, seconded by Councilmember Hill to accept theSuper Bowl Week in Pearland with the deduction of $72, 000 for Winterfest.

Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Hill, and Perez.

Voting " No" Mayor Pro -Tem Moore.


Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to table NewBusiness Item No. 2, Ordinance No. 1529 and move to New Business Item No. 7,

Resolution No. R2016- 165.

Voting "Aye" Councilmembers Reed, Moore, Hill, and Perez.

Voting " No" Councilmembers Carbone and Ordeneaux.


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Mayor Reid called for a recess at 10: 06 p. m.

Mayor Reid called the meeting back to order at 10: 16 p. m.

Council Action — Resolution No. R2016- 165 - A Resolution of The City Council of theCity of Pearland, requesting positive consideration, by the trustees of Fort BendIndependent School District ( FBISD) and the Alvin Independent School District (AISD), of

a petition submitted by the residents located in the FBISD portion of Shadow Creek Ranchrequesting to be disannexed from the FBISD boundaries and annexed into the AISDboundaries.

Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approveResolution No. R2016- 165.

City Manager Clay Pearson reported City Council requested drafting of a resolution forconsideration to support the efforts of Pearland residents seeking to detach from FortBend Independent School District and instead to be annexed to the Alvin Independent

School District, which is contiguous.

Councilmember Hill stated Alvin Independent School District members have concerns

regarding the growth of Alvin ISD that could further prohibit them from a bond capacitystandpoint of accepting future bonds. He further stated he is not sure if this is the propertime to vote on this. He suggested postpone the resolution to the next Council meeting.

Councilmember Perez stated he does not think Council is prepared to make this

resolution at this time and should postpone it.

Councilmember Ordeneaux stated he does not want anyone to think if this passes it is

going to change a whole lot. This would be good for Shadow Creek Ranch developmentfor it all to be in the Alvin Independent School District. He stated he wished the City coulddo something more to help the Realtors to express the information to buyers whenpurchasing a home regarding what school district they are in. He does not like onegovernment telling another government what to do. He supports reducing the number ofschool districts within the City limits.

Mayor Pro -Tem Moore stated he agrees that it would be a good thing for Shadow CreekRanch to be part of Alvin Independent School District. It is not a decision that City Councilshould be making. It should be Alvin and Fort Bend Independent School Districts makingthe decision. He is not opposed to making a resolution, but he needs more informationfrom Alvin and Fort Bend ISD.

Councilmember Reed stated a resolution after the fact serves no purpose what so ever.

He agrees with Councilmember Ordeneaux regarding the City should not direct the schooldistricts on how to do their job. What he is saying is these are Pearland residents andCouncil supports our residents. He stated the resolution should state only that Pearland

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City Council supports them in their efforts. The decision should be between Alvin and FortBend Independent School Districts.

Councilmember Carbone stated he cannot say he is for or against it. He further stated fortonight the wise thing to do is to postpone the resolution.

Councilmember Carbone made the motion, seconded by Councilmember Reed topostpone Resolution R2016- 165 to change the language to the next Regular Council

meeting, September 19, 2016.

Voting " Aye" Councilmembers Carbone, Reed. Moore, Ordeneaux, Hill, and Perez.

Voting " No" None.


Mayor Reid returned to New Business Item No. 2, Ordinance No. 1529.

First Reading of Ordinance No. 1529 — An Ordinance appropriation adopting a budgetfor the fiscal year beginning October 1, 2016, and ending September 30, 2017, and payplans for fiscal year 2017.

Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux toremove New Business Item No. 2, Ordinance No. 1529 from the table.

Voting " Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting " No" None.


Discussion ensued between Councilmember Carbone and City Manager Clay Pearsonregarding when Council will receive a revised budget document.

City Attorney Darrin Coker stated when Council started Item No. 2 there was a motionand second to approve the budget as presented. Council went through the seven items

one at a time to get a feel how Council felt as a whole on each item. What needs to be

done now is to incorporate those actions that took place into the original motion.

Councilmember Perez stated since the budget is being discussed at this time can somefunds be allocated to Woodcreek Park.

Director of Parks and Recreation Chris Orlea stated the funds are there in the capacitythat they are allocated thru the Capital Improvement Plan ( CIP) documents.

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City Attorney Darrin Coker stated Woodcreek Park is scheduled to be discussed withCouncil on October 10, 2016, Regular Council meeting Executive Session.

Councilmember Carbone stated Council should wait on this and discuss it on October 10,

2016 in Executive Session and if need be make an amendment to the motion at that time.

Councilmember Perez agreed to wait and discuss the Woodcreek Park project in

Executive Session on October 10, 2016.

Councilmember Ordeneaux made the motion, seconded by Councilmember Perez, toamend the motion to reflect the three changes Council made to the proposed budget. The

three items are to designate $ 225, 000 to specially be for the Fleet Police Department, toremove the Water/Sewer Fund Ground Maintenance Contract and the reduction of the

Super Bowl funds by $ 72, 000.

Mayor Reid called for the vote to amend the motion.

Voting " Aye" Councilmembers Moore, Ordeneaux, Hill, and Perez.

Voting " No" Councilmembers Carbone and Reed.


Mayor Reid called for the vote on the original motion as amended.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, and Reed.



First Reading of Ordinance No. 1358- 14 - An Ordinance of the City Council of the Cityof Pearland, Texas, amending non -development usage and service fees; containing asavings clause, a severability clause and a repealer clause; providing for publication andan effective date.

Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, toapprove Ordinance No. 1358- 14 on its First Reading.

City Manager Clay Pearson reported annually, as part of the budget process, City staffmakes necessary additions and/ or changes in fees in order to cover the cost of servicebeing provided as well as conduct a rate analysis as part of the water/sewer rate model.

Budget Analyst Neelie Walker gave an overview of the Fee changes discussed as part ofthe budget process in budget workshops held in August and September 2016.

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Councilmember Perez stated this is a complex item. The money the residents pay forwater service is used to build the Wastewater Treatment Plants, replace and/or install

water and sewer lines, and maintenance to keep everything working properly. He furtherstated from 2009 to 2014 rates did not go up, but the expenses to maintain everything didgo up. He stated the City can continue to be in debt or try to get it close to a balancebudget. He further stated he would struggle to go against the rate model Council has

already approved, against what we know already works.

Councilmember Carbone stated the issue is a 15. 6% increase. The residents are goingto see a 6% increase. The makeup of that is going to be on the commercial side. Are wecomfortable with this rate structure where businesses are subsidizing residential.

Councilmember Hill stated he is not opposed to looking at other scenario' s so thebusinesses are not subsidizing residential. It does help the residents, but it does not helpthe businesses.

Councilmember Ordeneaux stated people are moving to Texas every day and there is acertain amount of water. Water will get more expensive, it is the second highest utility. Right now we are shifting the burden onto businesses by a base charge on the meteritself. Do we want to attempt through water rates to get conservation so we do not need

as much water so the overall cost to the City is reduced. He stated if that is the way to gohe does not think the base charge is the way. He thinks the increase on the actual waterused is the way to go. People will start reducing the amount of water they are usingbecause of the cost.

Mayor Pro -Tem Moore stated he does struggle some regarding most of the cost going tocommercial. He stated he would like to keep the residential rate flat, no increase ordecrease. Try to add the difference to the meter structure on the commercial side to cutthem somewhat of a break.

Councilmember Reed stated regarding the rate increase he wanted it to be less of animpact on the residents, however he did not look at the impact it would have on

commercial. He agrees with not putting so much pressure on commercial. He would liketo see another plan that would not put so much pressure on residents or commercial.

Councilmember Carbone stated he agrees with Councilmember Ordeneaux regarding ifit is Council' s intent to conserve water, raise the rate on actual water used. If your water

bill is high, you will stop using as much water. He likes moving more towards volumetricwater usage and to soften it some for commercial businesses.

Assistant City Manager Trent Epperson stated when looking at the rate structure it wasnot to shift the burden from one area to another, but to allocate the cost as the system

operates to where the cost most actually falls. It is the calculation of the additional capacityrequired for the overall system based on the meter size. Staff looked to shift a little more

of the rates into the base part of the rate because the majority of the expenditures are fixit expenditures. Staff tried to align more of the base cost to the fix cost. To look at more

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of a conservation rate by volumetric water usage is typically looked at more on theresidential side than commercial, because commercial is going to use what they need touse.

Councilmember Ordeneaux stated what he would like to see an increase per gallon of

water used on the residential side across the board. A rate increase that could help offsetthe base charge increase. He truly believes in the long term it is how the City will getconservation of water which he thinks in his life time will be a major issue.

Councilmember Carbone stated let us hammer out commercial verses residential. The

average resident will have a 6. 3% increase and with the overall fund revenue increasing15. 6% which is pushing the bulk onto the commercial side. The question he has is are wecomfortable taking the 15. 6% increase across the board.

Councilmember Reed stated he would like to see the water stay flat for residential, arevised cost allocation to base charge and transition to base charge scaled up by metersize and to see less of an impact on commercial. He further stated he would like to see

what the cost would be for a 3" in respect to meter size.

Assistant City Manager Trent Epperson stated staff will bring back a scenario showingthe base rates calculated on volumetric capacity of the meter. A revised cost allocation tobase charge and a more prevalent industry practice; AWWA capacity factors.

Councilmember Carbone made the motion, seconded by Councilmember Perez, topostpone Ordinance No. 1358- 14 to the next Regular Council meeting, September 19, 2016.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting " No" None.


First Reading of Ordinance No. CUP 2016- 05 — An Ordinance of the City Council of theCity of Pearland, Texas, approving a Conditional Use Permit ( CUP) to allow for aHotel/Motel in the Business Park District — 288 ( BP -288) zone, being 14. 286 acres of

land out of Lots 6 and 7 of a subdivision in the James Hamilton Survey, Abstract 881, inHarris County, Texas according to the map or plat thereof recorded in Volume 83, Page342 of the deed records of Harris County, Texas and being that same tract of landconveyed to Nova Strategic Solutions Ltd., as described in deed recorded under CountyClerk's File # Z357162 of the real property records of Harris County, Texas. ( Located atSH 288, north of 1111 Freeway 288, Pearland, TX.) Conditional Use Permit ApplicationNo. 2016-05, within the Business Park District — 288 ( BP -288) zoning district, at therequest of Nirmal Gandhi, applicant; on behalf of Ajay and Madhu Jain Living Trust, owner, containing a savings clause, a severability clause, and an effective date and other

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provisions related to the subject.

Councilmember Hill made the motion, seconded by Councilmember Carbone, to approveOrdinance No. CUP 2016- 05 on its First Reading.

Mayor Reid read into the record the Planning & Zoning Commission' s recommendationto forward to Council for approval of the Conditional Use Permit Application No. 2016- 05.

Director of Community Development Lata Krishnarao gave an overview of the requestedConditional Use Permit.

Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Hill, and Perez.

Voting " No" Mayor Pro -Tem Moore.


Council Action — Resolution No. R2016- 157 — A Resolution of the City Council of theCity of Pearland, Texas, authorizing the City Manager or his designee to enter into acontract with Halff Associates, Inc., in the amount of $ 337,075.00, for professional

services associated with the Corrigan Ditch Sub -Basin of the Mary's Creek DrainageImprovement Project.

Councilmember Perez made the motion, seconded by Councilmember Carbone, toapprove Resolution No. R2016- 157.

City Manager Clay Pearson reported a preliminary Engineering Report for a portion of theCorrigan Ditch drainage area located along Wagon Trail Road, between Broadway Streetand Mary' s Creek was completed in May of 2016. This project was identified based onhistorical as well as recent flooding in 2015 and 2016 including citizen complaints aboutrecurring flooding in the area.

Councilmember Carbone stated he is happy to see this is being taken care of.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting "No" None.


Council Action — Resolution No. R2016- 164 — A Resolution of the City Council of theCity of Pearland, Texas, authorizing the City Manager or his designee to enter into aReimbursement and Maintenance Agreement between the City and the PearlandEconomic Development Corporation and an Interlocal Agreement between the City, Brazoria County, and Pearland Municipal Management District No. 2 associated with theSH 288 Corridor Hardscape Enhancements Project.

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Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, toapprove Resolution No. R2016- 164.

President of Pearland Economic Development Corporation Matt Buchanan gave apresentation on the SH 288 Corridor Hardscape Enhancements Project.

Discussion ensued between Councilmember Reed and President of Pearland Economic

Development Corporation Matt Buchanan regarding the feeder road near the intersectionof FM 518 and SH 288 is not included.

Councilmember Ordeneaux stated he has concerns regarding the brick pavers, becausethroughout the City he has seen some issues with the brick pavers.

Discussion ensued between Councilmember Carbone and President of Pearland

Economic Development Corporation Matt Buchanan regarding most of the maintenancewill be done by the Municipal Management District.

Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.

Voting "No" None.


First Reading of Ordinance No. 1404-02 — An Ordinance of the City Council of the Cityof Pearland, Texas, amending Section 18- 11 of Chapter 18; Municipal Court, of the Cityof Pearland Code of Ordinances as it applies to the juvenile case manager fee; providinga repealing clause, a saving clause and severability clause and providing for codification.

Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, toapprove Ordinance No. 1404-02 on its First Reading.

City Manager Clay Pearson reported to meet the staffing costs to provide the JuvenileCase Manager and the Teen Court Program, additional revenues are required to cover

the cost. This is in keeping with Fiscally Responsible Strategic Priority.

Voting "Aye" Councilmembers Perez, Hill, Moore, Ordeneaux, Reed, and Carbone.

Voting " No" None.


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MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.

OTHER BUSINESS:

ADJOURNMENT

Meeting was adjourned at 12: 17 p. m.

Minutes approved as submitted and/ or corrected this the 28t'' day of November, A. D., 2016.

ATTEST:

g Lorfi , TRMC

Secret y

c.

Tom Reid

Mayor

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