2014-04-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 28, 2014, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:30 p.m. with the following present:
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Mayor Pro -Tem Greg Hill.
Tom Reid
Tony Carbone
Scott Sherman
Susan Sherrouse
Keith Ordeneaux
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Clair Bogard Director of Finance; Jon Branson Assistant City
Manager; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital
Projects; Roland Garcia Fire Marshal; Michelle Graham Director of Parks & Recreation;
Bonita Hall Director of Human Resource and Safety Management; Mike Hodge
Assistant City Manager; Vance Riley Fire Chief; Kim Sinistore Executive Director of the
Convention/Visitors Bureau; Eric Wilson Public Works Director; Sparkle Anderson
Communications Manager; Skipper Jones Assistant Director of Capital Projects; Maria
Rodriguez Deputy City Secretary; Becky Bowery Records and Information Coordinator.
The invocation was given by Past Councilmember Kevin Cole and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
RECOGNITIONS AND AWARDS:
A Presentation was given by Drew Pelter of Shadow Creek Ranch for the Crawfish
proceeds charitable contributions of $51,000. The recipients were Keep Pearland
Beautiful, Alvin Education Foundation, Turn Two Productions, Fort Bend Youth Sports
Association, Pearland Independent School District Foundation, Fort Bend Independent
School District Foundation and the eight campuses of Shadow Creek Ranch. He
thanked the Pearland Police Department and Public Works for the unbelievable job they
did to make the Crawfish Event a great success.
Mayor Reid and Councilmember Sherrouse presented a proclamation proclaiming the
month of May 2014 as "Motorcycle Safety Week" to Joan Wynn.
Mayor Reid presented a proclamation proclaiming the month of June 6, 2014 as
"Pearland High School Project Graduation Day", "Dawson High School Project
Graduation Day", and June 7, 2014 as "Turner High School Project Graduation Day" to
Trent Henley.
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Students of Pearland High School, Dawson High School and Turner High School
thanked Mayor Reid and Councilmembers for their support and donations to Project
Graduation Day. The students invited Mayor Reid and Councilmembers to attend
Project Graduation Day as honorary members.
Mayor Reid and Assistant City Manager Jon Branson presented a proclamation
proclaiming May 3-11, 2014 as "National Travel and Tourism Week" to Executive
Director of the Convention/Visitors Bureau Kim Sinistore.
Mayor Reid presented a proclamation proclaiming May 4-10, 2014, as "2014 National
Arson Awareness Week" to Fire Marshal Roland Garcia, Fire Chief Vance Riley, Deputy
Fire Marshal Greg Bozdech, Fire Inspector/Investigator Cassie Guzman, and Buddy the
fire dog.
Mayor Reid and Assistant City Manager Mike Hodge presented a proclamation
proclaiming the month of May 2014, as "Building Safety Month" to Building Official Mike
Ingalsbe, Office Supervisor Juan Chavez, Plans Examiner Dennis Holm, Plans
Expediter Mattie Harris, Part -Time Office Assistant Gloria Green, and Permit Clerks
Judy Cotter and Barbara DeRosa.
Mayor Reid and City Manager Clay Pearson presented a proclamation proclaiming May
4-10, 2014, as "City Secretaries Week" to City Secretary Young Lorfing, Deputy City
Secretary Maria Rodriguez, and Records and Information Coordinator Becky Bowery.
Mayor Reid recognized and thanked the Youth Action Council for attending the City
Council Meeting.
Mayor Reid recognized past Councilmembers Helen Beckman and Kevin Cole.
Mayor Reid recognized the Vice President of the Pearland Chamber of Commerce Jim
Johnson.
CITIZEN COMMENTS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration And Possible Action — Approval Of Minutes:
1. Minutes of the April 14, 2014, Regular Meeting, held at 7:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP2014-02 — An ordinance of the City Council Of
The City of Pearland, Texas, approving a Conditional Use Permit for
certain property, being legally described as a ten (10) acre tract of land
out of 25 acres off the south side of a tract of land composed of two (2)
contiguous parcels known as Tract Number One Hundred and Eighty
(180) out of section twenty seven (27), recorded in Volume 205, Page
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398 and 399, H.T & B.R.R. and Company Survey, in said Brazoria
County, Texas (located approximately 1,200 feet West of Main
Street at Dixie Farm Road, Pearland, Texas), for Conditional Use
Permit Application No. CUP 2014-02 to allow for petroleum product
extraction, within the Heavy Industrial (M-2) Zoning District at the
request of Denbury Resources, Inc., Applicant; on behalf of Pat O'Day
Estates, 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. 2000M-111 — 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, being 40 acres of land identified
as Tract 1 and Tract 2, situated in the H.T & B.R.R Company Survey,
Abstract 547, Volume 2, Page 51 of the records of Brazoria County,
Texas located (North of Bailey Road, between County Road 107 F
to the West and Manvel Road to the East, Pearland, Texas) Zone
Change 2014-1Z, a request of Kevin Cole, applicant; on behalf of Tin
Dinh, owner; for approval of a change in zoning from the Single Family
Estate (R -E) and the Suburban Development (S -D) Zoning Districts to
the Single Family Residential 1 (R-1) Zoning District, 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. R2014-34 — 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 audit services with Whitney Penn in the amount of $75,300.00.
Ms. Claire Bogard, Director of Finance.
E. Consideration and Possible Action — Resolution No. R2014-35 — A
resolution of the City Council of the City of Pearland, Texas, approving
recommendations of the Property Tax Resale Committee of Brazoria
County for the property located at 3129 Bishopton, Twin Creek Woods,
Block 3, Lot 44. Ms. Claire Bogard, Director of Finance.
F. Consideration and Possible Action — Resolution No. R2014-39 — A
resolution of the City Council of the City of Pearland, Texas, changing
the regular meeting times and dates for May 2014 to accommodate the
Memorial Day Holiday. Mr. Darrin Coker, City Attorney.
Councilmember Carbone asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
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Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through F with the exception of item D as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Carbone Consent Agenda Item D was removed for
further discussion.
D. Consideration and Possible Action — Resolution No. R2014-34 — 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 audit services with Whitney Penn in the amount of $75,300.00.
Ms. Claire Bogard, Director of Finance.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-34.
City Manager Clay Pearson reported in keeping with the City's Financial Management
Policy Statements, the City requested audit proposals and changed audit firms for the
fiscal year 2013 audit based upon the review of the proposals received. Due to delays in
the completion timeline and subsequent cost increase requests on the part of the
selected firm, staff is recommending not to re-engage that firm for the City's fiscal year
2014 audit.
Councilmember Carbone stated he has questions and feels this item should be
discussed in an audit meeting.
Councilmember Sherrouse stated she agrees with Councilmember Carbone.
Discussion ensued between Council and Director of Finance Claire Bogard regarding
an Audit Committee Meeting to discuss this item before the next regular Council
Meeting which is May 12, 2014.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to
postpone Resolution No. R2014-34 to May 12, 2014, Regular Council Meeting.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
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NEW BUSINESS:
Council Action — Resolution No. R2014-38 — A resolution of the City Council of the
City of Pearland, Texas, authorizing a contract for Construction Management and
Inspections services, associated with the McHard Road Water Line Project (Phase 1),
to ARKK Engineering, LLC., in the amount of $244,400.00. Mr. Trent Epperson, Director
of Engineering and Capital Projects.
Councilmember Sherman made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-38.
City Manager Clay Pearson reported the proposal for the Construction Management
and Inspection services is based on an hourly amount not to exceed costs of $230,220
plus an additional $5,500 lump sum item for a Constructability Review, and includes a
Reimbursable fee for expenses of $8,720 for a total cost of $244,440. This fee is
approximately five percent (5%) of the estimated construction cost and is within
historical costs for these services for a project of this scope and duration.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the City's experience with this firm.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
Council Action — Resolution No. R2014-36 — A resolution of the City Council of the
City of Pearland, Texas, awarding a bid for construction services, associated with the
Walnut Lift Station Project, to T & C Construction, Ltd. in the amount of $976,610.00.
Mr. Trent Epperson, Director of Engineering and Capital Projects.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-36.
City Manager Clay Pearson reported Council is being asked to award the contract for
the demolition of the existing Walnut Lift Station and the construction of the new Walnut
Lift Station in the amount of $976,610 to T & C Construction, Ltd.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the amount of this bid.
Owner of T & C Construction Tom Rumney stated this is going to be a difficult job to
complete in a short amount of time. The Engineers extended the time frame, and T & C
is going to do their very best to complete the project in that time frame.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the short time line.
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Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
Council Action — Resolution No. R2014-37 — A resolution of the City Council of the
City of Pearland, Texas, awarding a bid for construction services to Traffic Systems
Construction, Inc. for traffic signal and median improvements, at the intersection of FM
518 and Garden Road, in the amount of $290,561.00. Mr. Trent Epperson, Director of
Engineering and Capital Projects.
Councilmember Sherrouse made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-37.
City Manager Clay Pearson reported Council is being asked to award a construction
contract for the signalization and median improvements at FM 518 and Garden Road to
Traffic Systems Construction, Inc. in the amount of $290,561.
Discussion ensued between Council and Director of Engineering and Capital Projects
Trent Epperson regarding the fiber network and giving notice to the local businesses in
the area.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
Council Action — Resolution No. R2014-40 — A resolution of the City Council of the
City of Pearland, Texas, awarding a bid for glass crushing equipment to Andela Tool &
Machine, Inc. in the amount of $114,448.00. Ms. Michelle Graham, Director of Parks
and Recreation and Beautification.
Councilmember Carbone made the motion, seconded by Councilmember Sherman to
approve Resolution No. R2014-40.
City Manager Clay Pearson reported Council is being asked to award a bid for glass
crushing equipment to Andela Tool & Machine, Inc. DBA Andela Products in the amount
of $114,448.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
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Council Action — Resolution No. R2014-41 — A resolution of the City Council of the
City of Pearland, Texas, authorizing a contract for professional services, associated with
the Right -of -Way Assessment Project, with Infrastructure Management Services in the
amount of $314,713.00. Mr. Eric Wilson, Director of Public Works.
Councilmember Sherman made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-41.
City Manager Clay Pearson reported Council is being asked to approve the professional
services contract with Infrastructure Management Services of Tempe Arizona for the
completion of a right-of-way asset assessment project in the amount of $314,713.
Discussion ensued between Council and Public Works Director Eric Wilson regarding
laser surveying and the City's GIS system.
Public Works Director Eric Wilson stated the data will be collected in an automated
manner. This information will be used to rank each street in a worst to best condition
manner.
Councilmember Sherman stated the citizens may have some concerns with a truck in
their sub -division with lasers and cameras. He asked that this information be put on the
City's website to notify the citizens on :what will be taking place regarding the City's
Right -of -Way infrastructure.
Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
Council Action — Resolution No. R2014-42 — A resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Wastewater Effluent Purchase Option Agreement with Third Coast Terminals, Inc.
Mr. Eric Wilson, Director of Public Works.
Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone to
approve Resolution No. R2014-42.
City Manager Clay Pearson reported Council is being asked to award a one year, with
an additional year option for a Wastewater Effluent Purchase Option Agreement with
Third Coast Terminals, Inc. giving the City a $5,000. fee for the right to purchase the
said effluent as part of a future sales agreement.
Discussion ensued between Council and Public Works Director Eric Wilson regarding
Third Coast Terminals using the water for industrial purposes.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse.
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Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 8:46 p.m.
Minutes approved as submitted and/or corrected this the 12th day of May, A.D., 2014.
Tom Reid
Mayor
ATTEST:
YoLorfi M =_
C ty ecret
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