2013-08-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 26, 2013, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:45 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Keith Ordeneaux
Susan Sherrouse
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Daniel Baum EMS Operations Director; Jon Branson Assistant
City Manager; Matt Buchanan President of Economic Development Corporation; Eric
Wilson Public Works Director; J.C. Doyle Police Chief; Trent Epperson Director of
Project Director; Bonita J. Hall Director of Human Resources and Safety Management;
Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community
Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Vance Riley Director of Fire Services; Sparkle Anderson Public Affairs
Manager; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer;
Johnny Spires Assistant Police Chief; Kim Sinistore Executive Director of the
Convention/Visitors Bureau.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
RECOGNITIONS AND AWARDS:
Mayor Reid and Director of Finance Claire Bogard presented a Proclamation
proclaiming September 2-6, 2013, as "National Payroll Week" to Accounting Technician
Fran Gorte.
Mayor Reid and Director of Finance Claire Bogard presented Budget Analyst Paulette
Englund with the Employee of the Quarter Award.
Director of Parks and Recreation Michelle Smith presented the acceptance of the
Challenge to Mayor Reid and Councilmembers by having them sign the pledge to
participate in the Healthy at HEB Community Challenge.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
Page 1 of 15 — 8/26/2013
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the June 24, 2013, Regular Meeting, held at 7:30 p.m.
2. Minutes of the July 8, 2013, Regular Meeting, held at 7:30 p.m.
3. Minutes of the July 22, 2013, Regular Meeting, held at 7:30 p.m.
4. Minutes of the August 5, 2013, Special Meeting, held at 8:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
FIRST READING OF ORDINANCE NO. 2000CUP-66 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING 5.00 ACRES OUT OF THE G.T. & B.R.R.
COMPANY SURVEY, A-304 IN BRAZORIA COUNTY, TEXAS. BEING
THE SAME LAND DESCRIBED AS 5.00 ACRES IN A WARRANTY
DEED FROM STEVEN C. MUTH TO HOUSTON CHINESE CHURCH,
DATED JULY 5, 2007 AND RECORDED AS DOCUMENT NO.
2007039242, OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS. (LOCATED AT THE 2500 BLOCK OF MILLER RANCH RD.,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO.
CUP 2013-05 TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF
WORSHIP IN THE SINGLE FAMILY RESIDENTIAL -1 (R-1) DISTRICT
AT THE REQUEST OF RAYMOND JJ ZHUO, APPLICANT, ON
BEHALF OF HOUSTON CHINESE CHURCH, OWNER, CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000CUP-67 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING LOTS 13, 14 AND 15, BLOCK E, PEARLAND,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK
OF BRAZORIA COUNTY, TEXAS IN VOLUME 29, PAGE 41 OF THE
DEED RECORDS, BRAZORIA COUNTY, TEXAS. (LOCATED AT
3901 PLUM ST., PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2013-06 TO ALLOW FOR AN ADULT
DAYCARE IN THE OLD TOWNSITE MIXED USE (OT -MU) DISTRICT
AT THE REQUEST OF RENEA SARTAIN, APPLICANT, ON BEHALF
OF JAMES C. PACE, OWNER, CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
Page 2 of 15 — 8/26/2013
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-107 — 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 TRACT OF LAND 100 FEET X 200 FEET OUT OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, OF THE H.T. & B. RAILWAY SURVEY, ABSTRACT
239, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4606 WALNUT
ST., PEARLAND, TX.) ZONE CHANGE 2013-12Z, A REQUEST OF
ERINN BROWN, APPLICANT, AND OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL — 2 (R-
2) ZONE TO THE OFFICE PROFESSIONAL (OP) 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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-108 — 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 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL
SURVEY, ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS;
BEING A PART OF THAT SAME TRACT OF LAND DESIGNATED AS
TRACT 8 AND DESCRIBED IN THE DEED OF LENNAR HOMES OF
TEXAS, INC. RECORDED IN BRAZORIA COUNTY CLERKS FILE
NO. 94-009151, OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS. (LOCATED AT THE NORTHWEST CORNER OF MCHARD
RD. AND CULLEN BLVD., PEARLAND, TX) ZONE CHANGE 2013-
13Z, A REQUEST OF KEITH SCHOONOVER OF LENNAR HOMES,
APPLICANT FOR LENNAR HOMES OF TEXAS, INC., OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY
RESIDENTIAL - 3 (R-3) ZONE TO THE GENERAL BUSINESS (GB)
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.
Page 3 of 15 — 8/26/2013
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1489 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 33.765 ACRES OF LAND. Mr. Darrin Coker,
City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1486 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 14, JUNK AND JUNK DEALERS, TO ADOPT A NEW
ARTICLE V, CRAFTED PRECIOUS METALS DEALERS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-135 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
AND INSTALLATION OF A DISTRIBUTED ANTENNA SYSTEM
WITHIN THE PUBLIC SAFETY BUILDING. Mr. Bill Eisen, City
Manager.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING JUNE 2013. Mr. Bill Eisen,
City Manager.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-128 — 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 MERCHANT
SERVICES. Mr. Bill Eisen, City Manager.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-132 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENEWING A UNIT PRICE SUPPLY
CONTRACT FOR SIGNS AND SIGN MATERIALS. Mr. Bill Eisen, City
Manager.
Councilmember Sherman asked that Consent Agenda Items D and E be removed from
the Consent Agenda for further discussion.
Councilmember Carbone asked that Consent Agenda Items H through J be removed
from the Consent Agenda for further discussion.
Page 4 of 15 — 8/26/2013
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through K with the exception of Items D, E, H, I, and J,
as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Sherman Consent Agenda Item D was removed for
further discussion.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-107 — 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 TRACT OF LAND 100 FEET X 200 FEET OUT OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, OF THE H.T. & B. RAILWAY SURVEY, ABSTRACT
239, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4606 WALNUT
ST., PEARLAND, TX.) ZONE CHANGE 2013-12Z, A REQUEST OF
ERINN BROWN, APPLICANT, AND OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL — 2 (R-
2) ZONE TO THE OFFICE PROFESSIONAL (OP) 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.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-107 on its second and final reading.
City Manager Bill Eisen reported if approved this zone change will allow the applicant to
convert the existing single family home on site into an office space for a law practice.
Councilmember Sherman stated he pulled Items D and E because on previous agendas
he voted against these items. He further stated he wanted the opportunity tonight to do
so as well.
Page 5 of 15 — 8/26/2013
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, and Carbone.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
As requested by Councilmember Sherman Consent Agenda Item E was removed for
further discussion.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-108 — 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 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL
SURVEY, ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS;
BEING A PART OF THAT SAME TRACT OF LAND DESIGNATED AS
TRACT 8 AND DESCRIBED IN THE DEED OF LENNAR HOMES OF
TEXAS, INC. RECORDED IN BRAZORIA COUNTY CLERKS FILE
NO. 94-009151, OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS. (LOCATED AT THE NORTHWEST CORNER OF MCHARD
RD. AND CULLEN BLVD., PEARLAND, TX) ZONE CHANGE 2013-
13Z, A REQUEST OF KEITH SCHOONOVER OF LENNAR HOMES,
APPLICANT FOR LENNAR HOMES OF TEXAS, INC., OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY
RESIDENTIAL - 3 (R-3) ZONE TO THE GENERAL BUSINESS (GB)
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.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 2000M-108 on its second and final reading.
City Manager Bill Eisen reported the applicant/owner is requesting approval of a zone
change from the Single Family -3 (R-3) zone to the General Business (GB) zone. If
approved, this zone change will allow the applicant to market and sell the property for
future commercial use.
Voting "Aye" Councilmembers Carbone, Hill, Ordeneaux, and Sherrouse.
Voting "No" Councilmember Sherman.
Motion Passed 4 to 1.
Page 6 of 15 — 8/26/2013
As requested by Councilmember Carbone Consent Agenda Item H was removed for
further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-135 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
AND INSTALLATION OF A DISTRIBUTED ANTENNA SYSTEM
WITHIN THE PUBLIC SAFETY BUILDING. Mr. Bill Eisen, City
Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-135.
City Manager Bill Eisen reported the purchase of this antenna system is recommended
for the purpose of providing City employees with effective and timely communications
capability, particularly for calls of a public safety nature. Funding for the purchase of this
system is $59,602.52 which will come from the Police Department Operating Budget.
Councilmember Carbone asked if this antenna system is the new radio system that was
recently put in place.
City Manager Bill Eisen stated this is not the new system, this system has been
pending. The Public Safety Building was constructed to withstand 150 mile an hour
winds. There is a lot of steel in the building that interferes with radio and cell phone
signals. The intent of the antenna system is to improve the ability to receive and make
cell phone calls as well as hand held radio communication from inside the Police
Department.
Councilmember Carbone stated the disparity between the bids is amazing.
City Manager Bill Eisen stated the company that is the low bid is a company the City
has had an ongoing relationship with for a long time. The City has a high degree of
confidence in this company.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Councilmember Carbone Consent Agenda Item I was removed for
further discussion.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING JUNE 2013. Mr. Bill Eisen,
City Manager.
Page 7 of 15 — 8/26/2013
Councilmember Carbone made a motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-127.
City Manager Bill Eisen reported the state law that governs investment of public funds
requires the governing body to adopt an investment report which provides details on the
investment of public funds on a quarterly basis.
Councilmember Carbone stated he would like to get a better understanding of the
ending book value of some of the accounts showing negative from $170,000 to
$250,000.
Finance Director Claire Bogard stated the report showing negative is the investment at
Wells Fargo Bank. When the investments or CD's are added in they will have an overall
positive cash investment standing.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
As requested by Councilmember Carbone Consent Agenda Item J was removed for
further discussion.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-128 — 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 MERCHANT
SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-128.
City Manager Bill Eisen reported Council is being asked for approval to execute a five
year agreement with Automated Merchant Services to provide credit card payment
processing services estimated at $255,000 for the first year with future year costs based
upon levels of activity.
Councilmember Carbone stated his concern is why other organizations pass the sur-
charge fee through and the City does not.
City Manager Bill Eisen stated he understands if you accept credit cards you agree not
to bill a sur -charge for accepting the credit card.
Finance Director Claire Bogard stated the City has three different credit cards; Visa,
Mastercard, and Discover. The credit card agreements and fee structures are different
with each credit card. State statue states you can pass along the fee, but you cannot
pass more than what the City is being charged by the credit card company. At this time
the City has not determined how the agreements can be meshed together.
Page 8 of 15 — 8/26/2013
Councilmember Ordeneaux stated from experience using a credit card to pay college
tuition there was an assessment fee. He further stated the three different colleges did
not take Visa. That could be because Visa's fee structure did not mesh with the other
credit cards that were accepted. He stated he would be interested in knowing the
change it would make if the City was able to pass along the fee.
Councilmember Carbone stated the City could save $250,000 a year if 100% of the fee
could be passed on.
Finance Director Claire Bogard stated staff will look into it.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2013-133 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CUSTODIAL SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to
approve Resolution No. R2013-133.
City Manager Bill Eisen reported Staff previously issued an RFP and accepted
proposals for custodial services at City facilities, which was subsequently awarded to
American Facility Services, Inc. in January, 2013. Since the inception of that agreement,
City Staff has experienced deficiencies in a wide spectrum of cleaning services required
by the RFP specifications. On July 29, 2013, staff issued a Termination of Service
Contract letter to American Facility Services, Inc., effective July 31, 2013. Council is
being asked to award a bid for custodial services to C & S Janitorial Services at the cost
of $13,357 for the remaining year of 2013 and $136,527 coming out of next year's
budget. An estimated total expenditure of $149,884.
Mayor Pro -Tem Hill is concerned why the City is going from value based bid to low bid.
He stated he has always maintained to utilize local and C & S Janitorial Services are not
from out of state.
Purchasing Officer Bob Pearce stated the Parks and Recreation Building
Superintendent, who is no longer with the City, wanted to avoid the scenario of the
experience in the past with the Ground Maintenance Contract. He further stated this is a
very defined scope of work and suited to a responsible low responsive bidder. He
believes this service is better suited and feels the City is getting better pricing with a low
bid award.
Page 9 of 15 — 8/26/2013
Purchasing Officer Bob Pearce stated C & S Janitorial Services is well represented in
our immediate area. He further stated the references contacted were asked to rate C &
S on a scale from 1 to 10, 10 being the best. All references rated C & S 10 across the
board with one reference giving them a 10 plus.
Discussion ensued between Mayor Pro -Tem Hill, Purchasing Officer Bob Pearce and
Michelle Smith Parks and Recreation Director regarding the meaning of the language in
the bid/contract "specifications needed to be adjusted".
Councilmember Sherman stated when this item was put on the agenda he was angry
and embarrassed with American Facility Services for the situation he was put in. He
stated the City had this company to come to Pearland. They knew the situation they
were walking into, they promised the City certain things and obviously did not follow
through. This is not a comfortable moment for some of the Councilmembers. With that
said, I would probably still have voted to give this contract to American Facility Services
because at the time the City was locked into the requirements. He stated he remembers
asking if the contract would allow the City to cease if there was cause. It was a
protection the City built into the Contract. He further stated he appreciates Staff going
out and making sure this is a good bid and C & S Janitorial Services is a good
company.
Councilmember Sherman asked C & S Janitorial Services Representative to elaborate
about the company.
C & S Janitorial Services Representative Carlos Amezquita stated he is the Business
Director for the company. They have been in business since 1991. He has been with
the company for 8 years. At the time he was hired there were 17 employees. Over the
last 8 years the company has had a large amount of growth and now has 375
employees. The company is a full service facility. The company's goal is to have long
term contracts. The main office is located off of FM 1960 in the Willowbrook area. The
company's employees are W-2 employees. He stated he has toured the City facilities.
Councilmember Sherman asked if C & S has ever had a contract terminated mid -stream
due to failure to meet contract requirements.
Carlos Amezquita stated several years ago a contract was terminated with a church.
There was an investigation and found it to be more political. It was not a negative
termination. He stated C & S still uses the church as a reference.
Councilmember Carbone asked how often do buildings of this type get serviced.
Carlos Amezquita stated he would use Texas City as an example. C & S services the
Library 6 times a week, Police Department 7 times a week, City Hall 5 times a week. He
stated it depends on the need. He further stated for the Pearland buildings 5 days a
week would be sufficient. He stated he feels a building should be cleaned the same
number of times the building is open for business.
Page 10 of 15 — 8/26/2013
Discussion ensued between Council and Director of Parks and Recreation Michelle
Smith regarding the number of times the buildings are cleaned currently and the number
of times C & S Janitorial Services will clean the buildings.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-134 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT (SRO PROGRAM).
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-134.
City Manager Bill Eisen reported Council is being asked to approve the Inter -local
Agreement between the City and the Pearland Independent School District for the
School Resource Officers Program.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Sherrouse
Voting "Abstain" Councilmember Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with 1 abstention.
COUNCIL ACTION — RESOLUTION NO. R2013-136 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN
THE NATIONAL JOINT POWERS ALLIANCE ("NJPA") COOPERATIVE PURCHASING
PROGRAM AND AWARDING A CONTRACT FOR THE PURCHASE OF MUNICIPAL
COURT MANAGEMENT SOFTWARE. Mr. Bill Eisen, City Manager.
Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman,
to approve Resolution No. R2013-136.
City Manager Bill Eisen reported Council is being asked to authorize the City Manager
or his designee to execute documentation to utilize the National Joint Powers Alliance
cooperative purchasing program, and award the bid to Tyler Technologies for the
purchase and implementation of an Incode Court Management Software System in the
total amount of $290,550.
Page 11 of 15 — 8/26/2013
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-131 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING GUIDELINES FOR
STAFF TO REQUEST VENDOR/APPLICANT ATTENDANCE AT CITY COUNCIL
MEETINGS. Mr. Bill Eisen, City Manager.
Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-131.
City Manager Bill Eisen reported Council is being asked for approval establishing
guidelines for staff to request vendor/applicant attendance at City Council and Planning
and Zoning meetings.
Councilmember Sherman thanked the ones that put this together. He further stated he
has said many times when the City is awarding a bid for a large amount of money or a
zone change, he believes the person receiving the money, or zone change should be in
attendance. It is important the person attend the meetings to answer any questions
Council may have.
Councilmember Sherrouse stated she is very comfortable with having a policy like this
in place. She thanked staff for putting it together.
Councilmember Ordeneaux stated he agrees with the statements that were made. He
stated if in the future the City had an out of state vendor would it be possible to utilize
skype or teleconferencing.
City Attorney Darrin Coker stated there have been some recent changes in the laws that
would allow meetings of that type and third parties to participate.
Councilmember Carbone asked staff if they see any potential increase in the quotes the
City will receive, if City A, is bidding out a box of nails, and City B, is bidding out the
same box of nails, but also requires attending the Council meeting. He stated he agrees
with the vendors attending the meetings, but is there any unattended ramifications if
Council passes this Resolution?
Purchasing Officer Bob Pearce stated he shares that same concern. He stated it will be
addressed internally. There will be some language added to the standard specification
template to strongly encourage the vendor to be present. He stated he is hopeful the
City will not experience unattended ramifications, but it is a possibility.
Councilmember Sherman stated if in the future there is an increase in cost to inform
Council, so it can be addressed. He stated he does not want this to be a situation that is
costing the City more money or the City loses good potential vendors.
Page 12 of 15 — 8/26/2013
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-130 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED
INVESTMENT POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN
ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC
FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-130.
City Manager Bill Eisen reported Council is being asked to adopt the City's Investment
Policy, Investment Strategy, and Approved Broker/Dealers.
Councilmember Carbone thanked staff for getting this information together and
hopefully the City will get a better yield with the new changes.
Discussion ensued between Council and Director of Finance Claire Bogard regarding
commercial paper, researching an Investment Management Firm and the process of
getting the approved authorized list of broker dealers.
Discussion ensued between Council and City Manager Bill Eisen regarding the
municipalities or agencies being limited within the State of Texas.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-129 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE
UTILITY AND PARKS AND RECREATION ACCOUNTS FROM THE CITY'S
FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Hill, to
approve Resolution No. R2013-129.
City Manager Bill Eisen reported Council is being asked for approval to write-off
$27,931.82 in outstanding utility accounts and $8,617.06 in outstanding Parks and
Recreation accounts.
Discussion ensued between Council and City Manager Bill Eisen regarding not being
able to collect from a couple of large company's on the list.
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Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Hill, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2013-137 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO CANAL CROSSING AGREEMENTS
WITH GULF COAST WATER AUTHORITY. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2013-137.
City Manager Bill Eisen reported Council is being asked to enter into the Crossing
Agreements with the Gulf Coast Water Authority for the proposed infrastructure
improvements.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a recess at 9:16 p.m. to complete the second portion of the
Workshop.
Mayor Reid called the meeting back to order at 9:49 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:49 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE:
1. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE CITY MANAGER. City Council.
2. SECTION 551.087 - REGARDING CONSULTATIONS WITH CITY
ATTORNEY — REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
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NEW BUSINESS CONTINUED:
Council returned from Executive Session at 11:03 p.m.
COUNCIL ACTION — REGARDING THE CITY MANAGER. City Council.
Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux
authorizing Staff to proceed with contracting the Executive Search Firm of Strategic
Government Resources to initiate the search for a new City Manager.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 11:04 p.m.
Minutes approved as submitted and/or corrected this the 23rd day of September, A.D.,
2013.
Tom Reid
Mayor
ATTEST:
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