2015-03-23 CITY COUNCIL REGULAR MEETING MINUTESL
I
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 23, 2015, AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Keith Ordeneaux
Tony Carbone
Scott Sherman
Gary Moore
Greg Hill
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager;
J.C. Doyle Police Chief; Trent Epperson Assistant City Manager; Roland Garcia Fire Marshal;
Michelle Graham Director of Parks and Recreation; Lata Krishnarao Director of Community
Development; Richard Mancilla Interim Deputy Director/City Engineer; Vance Riley Fire Chief;
Kim Sinislore Executive Director of the Convention/Visitors Bureau; Eric Wilson Public Works
Director; Sparkle Anderson Communications Manager; Skipper Jones Assistant Director of
Capital Projects; John Knight Manager, Information Technology; Michael Leech Assistant
Director; Public Works; John McCarter Management Assistant; Rick Overgaard Assistant
Finance Director; Bob Pearce Purchasing Officer.
The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by
Police Chief J.0 Doyle.
Mayor Reid recognized Gid Scout Troop 142077 in attendance to earn their certificate in
government.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
Moore, and Hill.
CITIZEN COMMENTS:
Lance Foss, 1409 O'Day Road # 57, addressed Council stating the tax rate is up, and
valuations have increased. He further stated on the agenda he would like to see the
"Mayor/Council Issues" moved ahead of the Executive Session. He stated he has concerns
regarding Wilson Architectural Group, pricing, and the lack of documentation regarding the
work completed.
Carol Artz-Bucek, 6117 Broadway, addressed Council stating as the President/CEO of the
Pearland Chamber of Commerce she thanked the City for their partnership. She introduced the
Vice President of the Chamber of Commerce Jim Johnson. An invitation was extended to the
Mayor, Councilmembers and Staff for the 2015 Business Showcase and Taste of the Town on
Thursday, April 2, 2015.
PUBLIC HEARING — None
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CONSENT AGENDA:
A. Consideration and Possible Action - Second and Final Reading of Ordinance
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No. 2000M-133 - 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 a 4.020 acre
tract in the H.T. & B.R.R. Company Survey, Abstract No. 542 in Brazoria County,
Texas. Said 4.020 acre tract is part of Lot 52 of Zychlinsky Subdivision according to
the plat recorded in Volume 29, Page 43 of the Deed Records of Brazoria County,
Texas and is fur0ler described as being all of a one (1) acre tract, a 2.179 acre tract
and part of a 2.000 acre tract as described in a dead to Associated Properties as
recorded in Clerk's File No. 2011034738 in the Brazoria County Clerk's Office,
(generally located at 3706-3902 Alice Street, Pearland, TX), Zone Change 2015-
02Z, a request of Gerald L. Koza Jr., applicant; on behalf of Associated Properties,
owner; for approval of a change in zoning from the General Commercial (GC)
zoning district to the Light Industrial (M-1) zoning district; on approximately
4.020 acres of land, providing for an amendment of the zoning district map;
containing a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
B. Consideration and Possible Action - Resolution No. R2015.50 - A Resolution of
the City Council of the City of Pearland, Texas, authorizing the city manager or his
designee to enter into a Joint Exercise Powers Agreement with the National Joint
Powers Alliance (NJPA) to participate in an interlocal cooperative pricing
arrangement and authorizing the purchase of automotive tires through the NJPA
'
contract in the estimated amount of $125,000.
C. Consideration and Possible Action - Resolution No. R2015-43 - A Resolution of
the City Council of the City of Pearland, Texas, consolidating and transferring the
maintenance of birth and death records to Harris County.
D. Consideration and Possible Action - Resolution No. R2015-46 - A Resolution of
the City Council of the City of Pearland, Texas, renewing a unit supply contract for
auto parts with XL Parts, LP and Pearland Standard Auto Parts, in the estimated
amount of $75,000 for the period of March 24, 2015 through February 11, 2016.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Hill asked that Consent Agenda Item C be removed from the Consent Agenda
for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through D with the exception of item C as presented on the Consent
Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
'
Motion Passed 5 to 0.
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' MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Hill Consent Agenda Item C was removed for further
discussion.
C. Consideration and Possible Action - Resolution No. R201543 - A Resolution of
the City Council of the City of Pearland, Texas, consolidating and transferring the
maintenance of birth and death records to Harris County.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R201543.
City Manager Clay Pearson reported Harris County, has sufficient resources and finances to
assume those duties and is willing to consolidate the birth and death records of the City and
Harris County by complying with Section 191.023. Consolidating this service will be more
efficient and customer friendly, provide for better quality control, eliminate the duplication of
records and reduce fraud.
Discussion ensued between Councilmember Hill and City Manager Clay Pearson regarding
the portion of Hams County in the City of Pearland.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
' Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
Council Action - Resolution No. R2015-45 - A Resolution of the City Council of the City of
Pearland, Texas, adopting a Commemorative Naming Policy for City facilities and parks.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-45.
City Manager Clay Pearson reported the City of Pearland acquires land and constructs major
public facilities that deserve naming that celebrates the history, environment as well as the
community involvement and citizen contribution. This policy is to develop a systematic and
consistent approach for the official naming of public facilities in the City of Pearland that is fair
and ensures a worthy and enduring legacy for the city.
Councilmember Carbone thanked staff for putting this on the agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
' Voting "No" None.
Motion Passed 5 to 0.
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Council Action - Resolution No. R2015-48 - A Resolution of the City Council of the City of '
Pearland, Texas, honoring the public safety contributions of David L. Smith to the City of
Pearland by renaming the City of Pearland Fire & EMS Administration Building the David L.
Smith Fire Administration Building.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2015-48.
City Manager Clay Pearson reported in accordance with the proposed Commemorative
Naming Policy, Staff is recommending the renaming of the Fire & EMS Administration Building
to the David L. Smith Fire Administration Building.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-131 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Peadand,
Texas, for the purpose of changing the classification of certain real property, being all of that
certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 and in the H.T.
& B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as '
Lots A, B. C, D, E, G, H, I, J, K, L, M. N, O, P, Q, R, S, T, U and V", and 2.011 acres in the
deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C. Baker
Revocable Trust, recorded under Document Number 2005011939, of the Official Records of
Brazoria County, Texas, (generally located between Main Street to the west and Old Alvin
Road to the east, and south of Walnut Street, Pearland, TX), Zone Change 2014-22Z, a
request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable
Trust, owner; for approval of a change in zoning from the General Commercial (GC) and
Office and Professional (OP) zoning district, to a Planned Development known as
Baker's Landing; on approximately 79.94 acres of land, providing for an amendment of the
zoning district map; containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Sherman, to approve
Ordinance No. 2000M-131, on its First Reading.
Jerry Koza Jr., 2823 Knobhill, addressed Council stating he would like to see this property
developed, there would be a lot of value in it for the City. He stated City Council talks about
ways to beautify the City, but it would not be pretty with a large sound barrier wall along
Highway 35. He further stated there are other options to develop along Highway 35.
Larry Marcott, 3606 Inverness Court, addressed Council stating he is opposed to this, it will be
taking away the commercial land. He further stated you do not put houses on Highway 35, and I a ten foot wall is not going to look good. He stated this property is planned for commercial and
light industrial, and it should stay that way.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
' forward to Council for approval of the Zone Change 2014-22Z.
City Manager Clay Pearson reported the applicant proposes to change the zoning of
approximately 79.94 acres located between Main Street (SH 35) to the west, Old Alvin Road to
the east, and south of East Walnut Street; from General Commercial (GC) and Office &
Professional to a Planned Development (PD), known as Baker's Landing. Baker's Landing will
consist of approximately 251 single family homes on approximately 59.2 acres, with an overlay
zoning district of Single Family Residential 4 (R-4); and a 0.5 -acre tract with frontage along
Walnut Street, with an overlay zoning district of General Business (GB) for a nonresidential -
use, with the option to convert the 0.5 acre GB tract to single family homes.
Councilmember Hill stated he has not changed his mind from the last council meeting, he is
against this. He further stated the City should keep commercial along Highway 35.
Councilmember Moore stated in the beginning he was against this, but he has changed his
mind and feels this will revitalize the area along Highway 35.
Discussion ensued between Council and Community Development Director Lata Krishanaro
regarding the area in discussion being replated and the right of way.
Mayor Pro -Tem Ordeneaux stated he has not supported this from day one, and he is not going
to change his mind tonight.
' Councilmember Sherman stated he is in favor of this project.
Councilmember Carbone stated this has not been an easy decision, but he is in favor of the
project.
Voting "Aye" Councilmembers Carbone, Sherman, and Moore.
Voting "No" Councilmembers Ordeneaux and Hill.
Motion Passed 3 to 2.
Council Action — Resolution No. R2015-53 — A Resolution of the City Council of the City of
Pearland, Texas, amending an existing contract with Berry Dunn McNeil & Parker (Berry
Dunn) for the purpose of including project oversight services, in an amount not to exceed
$270,944.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-53.
City Manager Clay Pearson reported BerryDunn has worked with the City since January 2014
as the City has conducted the necessary due diligence toward researching and selecting a
software solution. As a proven partner, BerryDunn has shown value in providing insight and
' guidance. With experience in Enterprise Resource Planning implementations across the
country, Berry Dunn bring years of expertise to the table. Council is being asked to approve
the amended existing contract with Berry Dunn McNeil & Parker (Berry Dunn), for the purpose
of including project oversight services, in an amount not to exceed $270,944.
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Management Assistant John McCarter gave an overview of the Enterprise Resource Planning
(ERP) system.
Director of Finance Claire Bogard gave an overview of the Enterprise Resource Planning
(ERP) project financials.
Manager, Information Technology John Knight gave an Information Systems (IT) overview of
the Enterprise Resource Planning (ERP) project.
Discussion ensued between Council and Director of Finance Claire Bogard regarding the
source of funds annual maintenance.
Councilmember Sherman stated it is much needed and long overdue. The sooner it can be put
in place will be better, not only for staff, but for the residents also.
Discussion ensued between Councilmember Carbone and Management Assistant John
McCarter regarding clarification of the Staffing Structure for this project.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone
Voting "No" None.
Motion Passed 5 to 0.
I1
Council Action — Resolution No. R2015-51 — A Resolution of the City Council of the City of
Peadand, Texas, authorizing the implementa0on of the New World ERP System for a total
value $1,660,710 and authorizing the following contracts: New World Systems ($1,302,560);
CRW ($334,400); and ExecuTime ($23,750).
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-51.
City Manager Clay Pearson reported Council is being asked to authorize the implementation of
the New World Enterprise Resource Planning (ERP) System for a total value $1,660,710 and
authorize the following contracts: New World Systems ($1,302,560); CRW ($334,400); and
ExecuTime ($23,750).
Discussion ensued between Mayor Pro -Tem Ordeneaux and Manager, Information
Technology John Knight regarding the server base, network and updates.
Discussion ensued between Councilmember Carbone and Director of Finance Claire Bogard
regarding ExecuTime for $23,750.
Mayor Pro -Tem Ordeneaux thanked staff for their hard work they have put into this. He stated
technology is always changing, this is long overdue. Staff is going to be able to work smarter
and accomplish more with this new technology.
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' Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2015-49 — A Resolution of the City Council of the City of
Peadand, Texas, authorizing a Letter of Intent to donate real property to the University of
Houston System on behalf of the University of Houston Clear Lake, Pearland Campus.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-49.
City Manager Clay Pearson reported the University of Houston, Clear Lake-Pearland Campus
("UH") has made application to the 84th Texas Legislative Session for funding, through tuition
revenue bonds, for a new science and technology center. The proposed Letter of Intent is
designed to provide the legislature with the necessary assurances that UH will own property
for the proposed improvements.
Councilmember Sherman stated the City is going to give the University of Houston, Clear
Lake-Pearland Campus property with a value unknown, and a representative could not attend
' the Council meeting.
Mayor Pro -Tem Ordeneaux staled he does have some minor problems with this project. He
further stated the City is bending over backwards to get a college in town, and a representative
could not be here to answer questions. He recommended this be postponed until a
representative can attend a council meeting to answer questions.
City Manager Clay Pearson stated if Council chooses not to act on this tonight, staff can invite
University of Houston, Clear Lake-Pearland representatives to a meeting for a campus update,
plans regarding the facility, and enrollment.
Mayor Reid stated he does not want to see Council jeopardize the opportunity of the City
getting a good quality facility. This is an opportunity to upgrade our community.
Mayor Pro -Tem Ordeneaux stated the City had a two year University to come in and purchase
property, they found it was not feasible to operate their own building. He stated they are now
using school facilities and their building is for sale. He stated his concern is the University of
Houston, Clear Lake-Peadand going to be able to sustain the operation and maintenance of a
building or will it be like in the past and they have to sell because they cannot operate it. There
is no one present tonight to answer that question.
Councilmember Carbone stated he thinks this will be good for the City.
' Councilmember Hill stated he thinks this will be good for the City and Council should move
forward with it.
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Mayor Reid stated there is more concern that a representative is not present when the City has
been working with the University of Houston, Clear Lake-Pearland for several years to put this '
in place. He further stated Council needs to be supportive to make this happen.
Councilmember Sherman stated he had no involvement when this originally developed, this is
his opportunity to state he does not support this. He stated if the City is going to give them land
for an unknown value of money they could at least show up to answer questions. He stated he
understands the greater reasons why, but in his perspective this is not the way to do business.
Councilmember Hill stated during Pearland Day in Austin and Brazoria County Day everyone
advocated for this.
Voting "Aye" Councilmembers Hill, Moore, and Carbone.
Voting "No Councilmembers Ordeneaux and Sherman.
Motion Passed 3 to 2.
Council Action - Resolution No. R2015-44 - A Resolution of the City Council of the City of
Pearland, Texas, approving a bond order of Brazoria County Municipal Utility District No. 16
authorizing the issuance of approximately $4,145,000 Unlimited Tax Refunding Bonds, Series
2015.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2015-44.
City Manager Clay Pearson reported Brazoria County Municipal Utility District No. 16, located
between Max Road and Stone Road, is seeking the Council's consent to proceed with the
issuance of $4,145,000. in Refunding Bonds, Series 2015. The purpose of the refunding is to
lower the District's annual debt service.
Discussion ensued between Councilmember Carbone and Brazoria County Municipal Utility
District No. 16 Financial Advisor regarding Negative Arbitrage.
Voting "Aye" Councilmembers Sherman, Ordeneaux, Moore, and Hill.
Voting "No" Councilmember Carbone.
Motion Passed 4 to 1.
First Reading of Ordinance No. 1506-2 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1506, the 2014-2015 Annual Budget Ordinance,
by; authorizing the City Manager or his designee to take all actions necessary to facilitate the
changes identified herein (ROW Assessment and Infrastructure Recapitalization); providing a
savings clause, a severability clause, a repealer clause, and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 1506-2, on its First Reading.
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City Manager Clay Pearson reported Council is being asked to approve amending Ordinance
' No. 1506, the 2014-2015 Annual Budget Ordinance, to take all actions necessary to facilitate
the changes identified herein (ROW Assessment and Infrastructure Recapitalization).
Discussion ensued between Council and City Manager Clay Pearson regarding a list of streets
to be repaired with a time line.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 633-2 — An Ordinance of the City Council of the City of
Peadand, Texas, amending Chapter 13, Health and Sanitation, Article II, Offensive Conditions,
of the City of Pearland Code Of Ordinances, as it may have been, from time to time, amended;
having a savings clause, a severability clause, and a repealer clause; providing for publication
and codification.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 633-2, on its First Reading.
' Larry Marcott, 3606 Inverness Court, addressed Council stating his concerns regarding high
weeds and grass at 9 inches. He further stated land owners should be responsible for taking
care of the frontage of their property, and not the City mowing it for them.
City Manager Clay Pearson reported Staff reviewed Code Enforcement cases from January
2014 to November 2014. Out of 2,129 total cases, 361 were related to high grass and weeds.
Also reviewed, were sections related to the City's Code of Ordinances, in order to determine if
changes were needed to improve enforcement processes. After reviewing the City's Code of
Ordinances changes are recommended.
Discussion ensued between Councilmember Moore and Senior Code Enforcement/Health
Officer Marisa Vazquez regarding how often the City goes to Court for non-payment for the
City mowing someone's property.
Mayor Pro -Tem Ordeneaux stated his concerns regarding Section 13-17 of the changes to the
City Ordinance.
Councilmember Carbone stated he would like to see the changes reworded, especially when it
comes to the grass clippings, residential and larger tracks of land.
Mayor Pro -Tem Ordeneaux made a motion, seconded by Councilmember Carbone, to
postpone Ordinance No. 633-2.
' Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
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Motion Passed 5 to 0.
Council Action - Resolution No. R2015-54 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract for professional design services with Cobb, Fendley &
Associates, Inc., in the amount of $97,223.75, for the Industrial Drive Intersection Realignment
Project at State Highway 35.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-54.
City Manager Clay Pearson reported Council is being asked to award a professional services
contract to Cobb, Fendley & Associates, in the amount of $97,223.75 for the design of the
Industrial Drive Intersection Realignment at State Hwy 35.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 5 to 0.
Council Action - Resolution No. R2015-52 - A Resolution of the City Council of the City of ,
Pearland, Texas, adopting the City's Strategic Framework consisting of six Strategic Priorities
for the purpose of establishing and communicating a long-term vision for City goals and
objectives.
Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2015-52.
City Manager Clay Pearson reported this is the first time this type of framework has been
presented to the Pearland City Council and represents a new approach to discussing long-
term priorities. Staff will continue to work within these six Strategic Priorities further by working
across departments to compile a set of strategic objectives.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, Moore, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Input and Discussion - 2015 Biennial Citzen Survey.
President and CEO of National Research Center Thomas Miller, PhD, gave an overview and
key highlights of the survey results.
OTHER BUSINESS: None
Page 10 of 11 - 3/23/2015
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MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT
Meeting was adjourned at 9:00 p.m.
Minutes approved as submitted and/or corrected this the 27th day of April, A.D.,
2015.
Tom Reid
Mayor
ATTEST:
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