2012-12-10 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 10, 2012, AT 7:00 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:00 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Susan Sherrouse
Councilmember
Scott Sherman
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Woody Owens.
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Chief of Police; Vance Riley Fire Chief;
Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire
Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community
Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Daniel Baum EMS Operations Director; Sparkle Anderson Public Affairs
Manager; Bob Pearce Purchasing Officer.
The invocation was given by Mayor Pro -Tem Susan Sherrouse and the Pledge of
Allegiance was led by Chief of Police J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Mayor Reid passed on giving a report.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens was absent.
Mayor Pro -Tem Sherrouse reported November 30, she attended the Keep Pearland
Beautiful Education Committee Meeting; she attended the Christmas Tree Lighting; she
attended the Silver Lake Lion's Home Tour, the Pearland Christmas Parade; December
4, she attended the Neighborhood Center Open House; she attended the Greater 288
Partnership Luncheon; she attended the HomeTown Bank Grand Opening; she
attended the Pearland Crime Victims Tree Lighting; she and her husband participated in
the Keep Pearland Beautiful Tour De Lites Bike Ride through Green Tee Subdivision.
Councilmember Sherman passed on giving a report.
Page 1 of 17 — 12/10/2012 — 7:00 p.m.
Councilmember Ordeneaux passed on giving a report.
Councilmember Hill reported he attended the Pearland Crime Victims Tree Lighting
Ceremony, it was a great event and he looks forward to attending next year. He further
stated he went to the Filling Station at Pearland High School. It is a vocational study
program for students.
CITY MANAGER'S REPORT:
City Manager Bill Eisen thanked the Parks and Recreation Department for their usual
outstanding job on the parade and Tree Lighting Ceremony. He also thanked the Police
Department and other departments who contributed to both those events. He further
stated he wanted to thank Crime Victim Liaison Gina Mendez and Crime Victim
Specialist Velma Guadiana for the great job on the Crime Victims Tree Lighting
Ceremony. It was a very moving program.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the September 24, 2012, Regular Meeting held at 7:30
p.m.
2. Minutes of the October 22, 2012, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1472 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF APPROXIMATELY 91.2096 ACRES OF LAND.
Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-95 — 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 REAL PROPERTY, LOCATION
BEING A 13.589 ACRE TRACT OF LAND OUT OF ALLISON RICHEY
GULF COAST HOMES SUBDIVISION, AN ADDITION TO THE CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS AS RECORDED IN
VOLUME 3, PAGE 40, OF THE MAP RECORDS OF HARRIS
Page 2 of 17 — 12/10/2012 — 7:00 p.m.
COUNTY, TEXAS, SAID 13.589 ACRE TRACT OF LAND BEING A
PORTION OF A 36.166 ACRE TRACT OF LAND (BY DEED)
DEEDED TO SHT/KIRBY LTD, AS RECORDED IN HARRIS COUNTY
CLERK'S FILE NUMBER 20080049996 IN THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS.
(LOCATED AT NORTHEAST CORNER OF SPECTRUM AND
HOOPER, PEARLAND, TEXAS), ZONE CHANGE 2012-14Z, A
REQUEST OF JOE D. POWERS, AIA, APPLICANT, ON BEHALF OF
SHT/KIRBY, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE
FROM THE SPECTRUM DISTRICT (DISTRICT S1) (SP1) ZONE TO
THE PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2012-167 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HEREBY DESIGNATING CERTAIN
VEHICLES AS EMERGENCY VEHICLES OF THE EMERGENCY
MEDICAL SERVICES DEPARTMENT OF THE CITY OF PEARLAND.
Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
APPOINTMENT OF LARRY WILKINS TO POSITION NO. 2 TO
SERVE ON THE PARKS RECREATION AND BEAUTIFICATION
BOARD FOR A 3 - YEAR TERM EXPIRING NOVEMBER 1, 2015.
Mayor Tom Reid.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2012-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR
AMMUNITION. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2012-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING SEPTEMBER 2012.
Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
adopt Consent Agenda Items A through G as presented on the Consent Agenda.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Page 3 of 17 -12/10/2012 - 7:00 p.m.
Motion Passed 4 to 0, with Councilmember Owens absent.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 2000CUP-61 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOTS 3-6, BLOCK
5 OF THE TOWNSITE OF PEARLAND SUBDIVISION, A SUBDIVISION OF RECORD
IN VOLUME 29, PAGE 41 OF THE H.C.D.R. BRAZORIA COUNTY, TEXAS.
(LOCATED AT 8809 BROADWAY ST, PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2012-08 TO ALLOW FOR A CHILD DAYCARE CENTER
(BUSINESS) IN THE NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT AT THE
REQUEST OF CHASING DREAMS DAYCARE, APPLICANT AND THE OLD PLACE
INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman,
to approve Ordinance No. 2000CUP-61.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2012-08.
City Manager Bill Eisen reported Staff recommends approval of the Conditional Use
Permit No. 2012-08 to allow the operation of a Child Daycare Center in the
Neighborhood Service district as proposed.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 2000-T-14 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED
PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Ordinance No. 2000-T-14.
1
Page 4 of 17 — 12/10/2012 — 7:00 p.m.
City Manager Bill Eisen reported Workshops and a Joint Public Hearing were conducted
with the Planning and Zoning Commission to discuss these proposed amendments.
From these workshops and Public Hearing the Commission has recommended approval
of these amendments.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 943-19 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
COMPREHENSIVE PLAN BY ADDING THE GRAND AVENUE PLAN, AS A GUIDE
FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Mike Hodge, Assistant City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 943-19.
City Manager Bill Eisen reported Council is being asked to amend the zoning
regulations for Old Town Site to facilitate future growth in accordance with the plan.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 943-20 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
COMPREHENSIVE PLAN BY ADDING THE LOWER KIRBY URBAN CENTER PLAN,
AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS
AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Mike Hodge, Assistant City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
approve Ordinance No. 943-20.
City Manager Bill Eisen reported following the Joint Public Hearing the Planning and
Zoning Commission considered the amendments to the Comprehensive Plan to include
the Lower Kirby Urban Center Plan. Council is being asked to consider the proposed
amendment.
Page 5 of 17 — 12/10/2012 — 7:00 p.m.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 1473 — 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. R2011-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #23), 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.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1473.
City Manager Bill Eisen reported the majority of the property to be included in the zone
is owned by the Pearland Independent School District. The property is currently zoned
for manufacturing and the City has been working with PISD on the development of the
property to various manufacturing and distribution users. The creation of a zone will
enhance the ability of the property to be marketed to potential users.
Voting "Aye" Councilmembers Sherman, Sherrouse, and Hill.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 3 to 0, with 1 abstention and Councilmember Owens absent.
COUNCIL ACTION - RESOLUTION NO. R2012-187 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A PROJECT PLAN
FOR REINVESTMENT ZONE NO. 23. Mr. Darrin Coker, City Attorney.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to
approve Resolution No. R2012-187.
City Manager Bill Eisen reported this is a consideration of a Project Plan for
Page 6 of 17 — 12/10/2012 — 7:00 p.m.
Reinvestment Zone No. 23. The creation of the Zone along with the Project Plan will
allow for the property to be sold to an end user by the City without the necessity of
soliciting bids.
Voting "Aye" Councilmembers Hill, Sherrouse, and Sherman.
Voting "No" None.
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 3 to 0, with 1 abstention and Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 1474 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISSOLVING BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 4 (the "DISTRICT"). Mr. Darrin Coker, City
Attorney.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Ordinance No.1474.
City Manager Bill Eisen reported the City and Municipal Utility District No. 4 entered into
a Strategic partnership Agreement in 2003, which called for the annexation of the
District to become effective on December 31, 2012. The proposed ordinance abolishes
the District effective December 31, 2012 which coincides with the annexation of the
District. Taking this action will alleviate any confusion with respect to the roles and
responsibilities of the parties.
Discussion ensued between Council and City Manager Bill Eisen regarding the City
taking on debt from Municipal Utility District No. 4 once it is annexed.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-172 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE
ISSUANCE OF $5,000,000 UNLIMITED TAX REFUNDING BONDS, SERIES 2013.
Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse,
to approve Resolution No. R2012-172.
Page 7 of 17 —12/10/2012 — 7:00 p.m.
City Manager Bill Eisen reported he wanted to clarify the caption in Resolution No.
R2012-172 indicated $5,000,000. The actual amount to be refunded is $5,500,000
however the basic information Council received is the same. Brazoria County Municipal
Utility District No. 6 is seeking the Council's consent to proceed with the refunding of the
District's Series 2003 Bonds. The purpose of the refunding is to lower the District's
annual debt service. The Proposed issuance of bonds would not extend the maturity
date beyond the original maturity date. It is expected to result in an estimated savings of
$364,271 for the District.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to amend Resolution No. R2012-172 to reflect the $5,500,000 instead of the $5,000,000
to be refunded.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-180 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDMENT OF A
DEVELOPMENT AGREEMENT WITH SOWELL INTERESTS-PARKSIDE, L.P.
Ms. Michelle Smith, Director of Parks and Recreation.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Ordeneaux,
to approve Resolution No. R2012-180.
City Manager Bill Eisen reported language was added to the agreement to cover the
original park area and clarify that the Home Owners Association would be responsible
for maintaining the dedicated property as well. Staff would like to create the agreement
for another 5 years to prevent the need for the annual repetitive return to update the
agreement.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-183 — 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 CITY OF HOUSTON. Mr. Bill Eisen, City Manager:
Page 8 of 17 — 12/10/2012 — 7:00 p.m.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to
approve Resolution No. R2012-183.
City Manager Bill Eisen reported due to the size of the Houston radio system project,
portable and mobile radios cost approximately 50% of their normal pricing for a limited
time. This affords an opportunity for Pearland to replace its radio fleet at a cheaper rate
than remaining with Harris County system and upgrading over time. Subscribing to the
City of Houston Public Safety Radio System instead of the Harris County radio system
will dramatically improve the abilities of the Pearland Fire, EMS, Police and Animal
Control to provide service as well as significantly improve the safety of public safety
officials operating at emergency incidents.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
amend Resolution No. R2012-183 to allow Staff to negotiate with the City of Houston
with regards to notice of cancellation of time periods.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-182 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR THE
PURCHASE OF RADIO EQUIPMENT. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-182.
City Manager Bill Eisen reported Council is being asked for approval authorizing the
City Manager to execute a Contract with Motorola for the purchase of radio equipment.
Discussion ensued between Council and a Motorola representative regarding the life
span and maintenance of the Motorola radios.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-177 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES FROM FUTURE CAPITAL LEASE
PROCEEDS. Mr. Bill Eisen, City Manager.
Page 9 of 17 — 12/10/2012 — 7:00 p.m.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
approve Resolution No. R2012-177.
City Manager Bill Eisen reported Council is being asked for approval declaring the City's
intent to reimburse itself from future Capital Lease proceeds for the purchase of
equipment.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-179 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE CAPITAL EXPENDITURES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-179.
City Manager Bill Eisen reported Council is being asked for approval declaring intent to
reimburse project expenditures from future bond proceeds.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-184 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CUSTODIAL SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2012-184.
City Manager Bill Eisen reported Council is being asked to award a bid for custodial
services to American Facility Services, Inc. with an estimated total expenditure of
approximately $93,840 in the first year.
Dale Pillow, 2302 Meadow Green Drive, addressed Council thanking the ones that post
the Agendas on the City website. She further stated when she reviewed the agenda for
tonight's meeting she was dismayed to find City Staff is recommending to award the bid
for custodial services to American Facility Services. A company based in Alpharetta,
Georgia. A&A Cleaning Services also submitted a bid. A&A Cleaning Services is
located in the City of Pearland and pays property taxes. A&A Cleaning Services employ
Page 10 of 17 —12/10/2012 — 7:00 p.m.
Pearland residents. This benefits the City as these employees will buy local and pay
sales tax. She stated A&A Cleaning Services is a great community partner and a
business that is committed to the Pearland Community.
Ruby Sandars, 2402 Francis Drive, addressed Council asking them to consider A&A
Cleaning Services as a local business vested in the community. The owner lives and
pay taxes in the community. She further stated she would like the City to get the best
value for their dollar when considering which company to award the bid.
C.R. Cooper, 1706 S. Baden Oaks Drive, addressed Council asking them to shop for
best value verses lowest pricing. She stated she is advocating for A&A Cleaning
Services. A&A Cleaning Services is a well established business. The investment
footprint of A&A Cleaning Services in this community is large and should not be
overlooked.
Dana Hundley, 4009 Blue Bird Way, addressed Council stating she would like to
express the fact to shop local. As a business leader in the community that is expressed
frequently. She further stated she has a deep concern about hiring an out of state
company. It is very difficult to manage employees from afar. She has seen it with many
businesses and it has not been very successful.
John Hundley, 5740 Broadway, addressed Council by reading the City of Pearland's
Mission Statement. He further stated he would like to think when the City wrote their
Mission Statement they were thinking about people like Mona Chavarria and A&A
Cleaning Services.
Tina Lax, 2901 Concord Knoll Drive, addressed Council stating she met Mona
Chavarria when she had her own business in Pearland. Mona supported her and her
business. She further stated she has closed her business and now working for Mona
Chavarria with A&A Cleaning Services. She knows firsthand the integrity level of Mona
Chavarria and her company would do a great job for the City of Pearland.
Carol Artz-Bucek, 6117 Broadway, addressed Council stating the Pearland Chamber of
Commerce has a program called Pearland Purchase Power. They encourage Pearland
residents to shop local. She further stated it is very important as City residents and
Councilmembers to support the businesses in Pearland who reinvest back to the City.
Tony Carbone, 1410 Crystal Lake Circle E, addressed Council stating he has used A&A
Cleaning Services for residential and commercial. He further stated when he chose
A&A Cleaning for commercial services; it was not the low bid. He made the decision to
shop local and receive the best value.
Felicia Harris, 3112 Sumac Drive, addressed Council stating it was not hard to take the
call from Ms. Chavarria and to listen to what she had to say. She further stated she has
personally used A&A Cleaning Services in her home. If there was ever an issue she
could contact Ms. Chavarria and it would be taken care of. She stated it is her request
for Council to use best value when awarding this bid.
Page 11 of 17 — 12/10/2012 — 7:00 p.m.
Mona Chavarria, 2810 Wagon Trail, addressed Council asking them to take another
look at this recommendation and to award the bid to A&A Cleaning Service as the best
value for the City.
Discussion ensued between Council, Purchasing Officer Bob Pearce and Shawn Hall
the representative from American Facility Services, Inc. regarding the evaluation
process with the bids and what the City can expect from American Facility Services.
Councilmember Sherman asked if there was a statuary determination for best value.
Felicia Harris responded by stating under Local Government Code, Section 252.043
Sub -Section B states a Municipality may consider the purchase price, the reputation of
the bidder and the bidders goods for services, the quality of the bidders goods and
services, the extent in which the goods and services meet the Municipality's needs, the
past relationship with the Municipality, the impact on the ability of the Municipality to
comply with laws and rules relating to contracting with historically underutilized
businesses and non-profit organizations employing persons with disabilities, the long
term cost to the Municipality to acquire the bidders goods or services, any relevant
criteria specifically listed in the request for bids or proposals.
Mayor Reid asked if the contract could be divided between bidders.
Purchasing Officer Bob Pearce responded by stating it can be awarded to a single
bidder or divided between bidders.
Councilmember Sherman stated he is not in favor of dividing the contract.
Mayor Pro -Tem Sherrouse stated she agrees with Councilmember Sherman. She
further stated the idea of out sourcing was to simplify, streamline and to be more cost
effective.
Assistant City Manager Jon Branson stated the purpose for staff to go out for bids was
to see if it would be advantageous for the City to enter into a contract for janitorial
services to save money by reducing staff. The proposal before Council tonight would
provide a $34,000 savings to the City on an annual basis. If Council chose to go with
the higher contractor/higher bid that is in discussion tonight the City would be adding
more money to the overall cost than what the City is currently paying for existing
janitorial services.
Felicia Harris stated the proposal from A&A Cleaning Services would give the City more
cleanings per year than the City receives now with the current budget. She further
stated a responsible bidder would perform the services for the price that is presented.
The numbers presented by American Facility Services is $112.00 a day to clean the
Pearland City Hall. She further stated it cost more than that to have her house cleaned
and her house is not near the size of the Council Chamber. She stated she would
question if American Facility Services is a responsible bidder in the since they can
Page 12 of 17 — 12/10/2012 — 7:00 p.m.
provide the service and expectations the City wants at the price they proposed.
Councilmember Sherman made the motion to amend the motion and award the contract
to A&A Cleaning Services.
City Manager Bill Eisen stated that motion would require an additional part to amend the
budget to increase the cost of service by $24,000.
The motion was seconded by Councilmember Hill to amend the motion to award the
contract to A&A Cleaning Services and to amend the budget to increase the cost of
service by $24,000.
Parks & Recreation Director Michelle Smith stated Staff was asked to look at the better
value between contracting the janitorial services out verses keeping the services in
house. She further stated she did not evaluate if A&A Services would be less expensive
than what the City has internally. She was looking at lowest bidder and what the savings
were for the different bids. In the event Council would like for Staff to go back and look
at internal cost verses the A&A prices, she would be happy to do so. She further stated
she wanted to make sure of the understanding. When Staff was charged to go out for
bids we were to look for a savings for the City verses keeping personnel in house.
Councilmember Sherman stated the City has a current service frequency and the City
' bid out a higher service frequency. He asked did the City not take into account what it
would cost the City to do this increased service frequency.
Parks & Recreation Director Michelle Smith stated staff does not have an internal cost
of what it would cost to do the internal frequency. It was bid out at five days a week with
an add alternate of three days a week. At the time she was not aware that staff was so
stretched that some of the City buildings were only getting one day a week. She stated
once she was aware she realized it needed to be an increased service level because
the bidders were not asked for one day a week, they were asked for a minimum of three
days a week. That is why Council has information with the combination of five days a
week and three days a week because that is the only prices the City asked for.
Councilmember Ordeneaux stated the increased service level and the savings with the
current bidder Staff has purposed, in combination with City staff and contract staff is
currently costing the City $34,000 more on an annual basis than the purposed bid.
Councilmember Ordeneaux stated he would like to know the difference between the
services being done in house compared to the bids. Historically what percentage of
Custodial City Staff lives in the City and what percentage of the City Staff utilize the
benefits the City afforded to them.
Councilmember Sherman made the motion, seconded by Councilmember Hill, to
withdraw the amended motion to award the contract to A&A Services and to increase
the budget by $24,000.
Page 13 of 17 —12/10/2012 — 7:00 p.m.
Mayor Pro -Tem Sherrouse stated she would also like to know what it would cost the
City if they provide the Custodial services compared to the purposed bid. She further
stated she is not ready to vote on Resolution No. R2012-184 tonight.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
Mayor Pro -Tem Sherrouse made a motion, seconded by Councilmember Sherman, to
postpone Resolution No. R2012-184 to January 7, 2013 Council Meeting, waiting to
receive further information as directed to Staff
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-181 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDMENT OF A
DEVELOPMENT AGREEMENT WITH SHS PARTNERS, LTD. Mr. Bill Eisen, City
Manager.
Councilmember Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-181.
City Manager Bill Eisen reported Council is being asked for consideration and approval
of an Oversizing Agreement with SHS Partners, Ltd. for the Riverstone Ranch
Wastewater Service Area.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-185 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE WESTSIDE LIBRARY AND
AUTHORIZING A BUDGET TRANSFER FROM THE GENERAL FUND TO THE
CAPITAL PROJECTS FUND. Mr. Bill Eisen, City Manager.
Page 14 of 17 —12/10/2012 — 7:00 p.m.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to
approve Resolution No. R2012-185.
City Manager Bill Eisen reported Council is being asked to approve the bid and award
the contract for construction to Construction Masters, Inc. in the amount of $375,000.
And approve a budget adjustment in the General Fund of $125,500. as a transfer to the
Capital Projects Fund.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-186 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE FIRE AND EMS
ADMINISTRATION FACILITY. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2012-186.
City Manager Bill Eisen reported Council is being asked to approve the bid and award
the contract for construction to Bass Construction Company, Inc. in the amount of
$1,273,000.
Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO R2012-188 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION
OF THE PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2.
Mr. Matt Buchanan, President of Pearland Economic Development.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2012-188.
City Manager Bill Eisen reported Council is being asked to approve the resolution
consenting to the creation of the Pearland Municipal Management District No. 2 in the
288 Corridor.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Page 15 of 17 —12/10/2012 — 7:00 p.m.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2012-189 — AN ORDINANCE GRANTING
THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO
THE ADDITION OF ROAD POWERS FOR BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 35 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Bill Eisen,
City Manager.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to
approve Resolution No. R2012-189.
City Manager Bill Eisen reported Council is being asked to approve the resolution
granting road powers to Brazoria Municipal Utility District 35.
Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
FIRST READING OF ORDINANCE NO. 1475 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS EXTENDING TRAFFIC RULES AND
REGULATIONS TO CERTAIN PRIVATE ROADS OWNED AND MAINTAINED BY THE
LAKES AT COUNTRY PLACE COMMUNITY ASSOCIATION AND CONTAINED
WITHIN THE LAKES AT COUNTRY PLACE SUBDIVISION; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES AND FINES; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER LAWS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux,
to approve Ordinance No. 1475.
City Manager Bill Eisen reported Section 542.008 of the Texas Transportation Code
allows a City to extend its enforcement of traffic laws in private street subdivisions upon
the request of the entity that owns and maintains the private streets. To date, the Cabot
Cove subdivision is the only gated neighborhood that has petitioned the City for such
enforcement, and in 2008 the City approved an ordinance authorizing traffic
enforcement there. As you are aware, The Lakes at Country Place subdivision will be
annexed into the City at the end of this year. In working with the Community Association
on their transition into the City, they plan to submit a formal request seeking the
authorization of traffic enforcement laws in accordance with Section 542.008. The
proposed ordinance would allow for traffic enforcement to occur beginning January 1,
2013.
Page 16 of 17 — 12/10/2012 — 7:00 p.m.
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Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 9:14 p.m.
Minutes approved as submitted and/or corrected this the 28th day of January, A.D.,
2013.
Tom Reid
Mayor
ATTEST:
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