2015-04-27 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 27, 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 6:50 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Keith Ordeneaux
Councilmember
Tony Carbone
Councilmember
Scott Sherman
Councilmember
Gary Moore
City Manager
Clay Pearson
City Attorney
Damn Coker
City Secretary
Young Long
Absent: Councilmember Greg Hill.
Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager;
Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief;
Trent Epperson Assistant City Manager; Roland Garcia Fire Marshal; Michelle Graham
Director of Parks and Recreation; Bonita Hall Director of Human Resource; Lata Krishnarao
Director of Community Development; Vance Riley Fire Chief; Kim Sinistore Executive Director
of the ConventionNisitors Bureau; Daniel McGhinnis Chief Information Officer; Eric Wilson
Public Works Director, John McCarter Management Assistant; Sparkle Anderson
' Communications Manager; Skipper Jones Assistant Director of Capital Projects; Bob Pearce
Purchasing Officer; Jahn Knight Manager, Information Technology.
The invocation was given by Mayor Pro -Tem Ordeneaux and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Ordeneaux, Councilmembers Carbone, Sherman,
and Moore.
CITIZEN COMMENTS:
Anna Clark, 2015 Isla Drive, addressed Council stating she has lived in Pearland since 1968.
She stated the last few years she has had dirty water, and it is getting worse. She further
stated her concerns regarding the infrastructure in the area she lives is causing the dirty water.
She stated the City has not done improvements in that area since 1990. She asked Council to
do something regarding the infrastructure in the area of Pearland she is living.
Lance Foss, 1409 O'Day Road #57, addressed Council stating with the internet and twitter
somehow this city was built on rock and roll. He stated his concerns regarding the right-of-way
assessment, and paying taxes. He stated his concerns regarding the city using third party
vendor photographs and presentations, and accepting their costs. He further stated his
concerns regarding the Budget Officer position was open in December. 2014, he applied for the
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position, and to this day it still has not been filled
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PUBLIC HEARING — None
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the March 23, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the April 13, 2015, Regular Meeting, held at 6:30 p.m.
B. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 1512—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. R2015-19; designating and describing a Reinvestment
Zone (to be known as Reinvestment Zone #28) generally located near Kirby Drive
and Beltway 8, 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.
C. Consideration and Possible Action — Second and Final of Ordinance No. CUP
2015-01 — An Ordinance of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) for an exemption to the fagade
requirements for an existing structure, for certain property, being lot Six (6) and ,
the North 12.5 feet of lot Seven (7) in block Six (6), of Hickory Creek , a
Place
subdivision in Brazoria County, Texas according to the map or plat thereof, recorded
in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas. (Located at
2125 Garden Road, Pearland, TX), Conditional Use Permit Application No 2015-01,
within the Garden/O'Day — Mixed Use (G/0 -MU) zoning district, at the request of
Ben Searway, applicant; on behalf of SW40, LLC, owner; containing a savings
clause, a severability clause, and an effective date and other provisions related to
the subject.
D. Consideration and Possible Action — Second and Final Reading of Ordinance
No. CUP 2015-02 —An Ordinance of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) to allow for a Mini-Warehouse/Self
Storage Facility, for certain property, being all of Lot 1 of Pearland Senior Village,
as recorded in Doc. #2010012628 of the Brazoria County Plat Records in the H.T. 8
B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas. (General location
being the southwest corner of Broadway Street and Brownstone Place,
Pearland, TX), Conditional Use Permit Application No 2015-02, within the General
Business (GB) zoning district, at the request of BGE Kerry R. Gilbert and
Associates, applicant; on behalf of Glass 518 Joint Venture, owner; containing a
savings clause, a severability clause, and an effective date and other provisions
related to the subject.
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' E. Consideration and Possible Action — Second and Final Reading of Ordinance
No. CUP 2015-03 —An ordinance of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) to allow for the construction of a
Wireless Telecommunication Tower, for certain property, 2.046 acres out of Lot
56 of the W. Zychlinski Subdivision, Vol. 29, Pg. 43 of the Brazoria County Deed
Records, within the H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland,
Brazoria County, Texas. (Located at 1515 North Main Street, Pearland, TX),
Conditional Use Permit Application No 2015-03, within the General Commercial
(GC) zoning district, at the request of Greg Gow, (FCI) as Agent for Verizon Wireless,
applicant; on behalf of Ace Manor Property Development 1, owner, containing a
savings clause, a severability clause, and an effective date and other provisions
related to the subject
F. Consideration and Possible Action — Second and Final Reading of Ordinance
No. 633-2 — An Ordinance of the City Council of the City of Pearland, 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.
G. Consideration and Possible Action — Resolution No. R2015-65 — A Resolution of
the City Council of the City of Pearland, Texas, accepting the City's Investment
Report for the quarter ending March 2015.
' H. Consideration and Possible Action — Resolution No. R2015-71 —A Resolution of
the City Council of the City of Pearland, Texas, conveying a Storm Sewer easement
to the Hams County Toll Road Authority for service to property in the vicinity of
Beltway 8 and Mykawa Road.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to adopt
Consent Agenda Items A through H as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Moore.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
NEW BUSINESS:
Council Input and Discussion — Economic Update — Greater Houston Partnership.
Senior Vice -President of Research of the Greater Houston Partnership Patrick Jankowski gave
' an overview of the economic update for the Houston area in an effort to better understand
trends and what impacts these could have on Pearland.
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Council Action — Resolution No. R2015-68 — A Resolution of the City Council of the City of '
Peadand, Texas, renewing a unit price bid for printing and mailing of water utility bills with
Peregrine Services in the estimated amount of $205,631.00 for the period of May 15, 2015
through May 14, 2016.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-68.
City Manager Clay Pearson reported as printing and mailing of water utility bills are required
for all active accounts, similar expenses are anticipated in future years, however, funding is
appropriated on an annual basis. He stated staff is looking at an alternative means for next
year that will be brought to Council at a later date.
Councilmember Carbone thanked staff for their work and background information. He stated at
this time this is the right thing to do. He further stated regarding the other alternative means
leaves him scratching his head, but he looks forward to hearing what staff presents.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Moore.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Action — Resolution No. R2015-73 — A Resolution of the City Council of the City of '
Pearland, Texas, authorizing a contract for architectural design services with Hall, Barnum and
Lucchesi Architects, in the amount of $407,600.00 for design services associated with the City
Hall Complex Renovation Project.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2015-73.
City Manager Clay Pearson reported the City Hall Complex Renovation Project is part of the
2015-2019 Capital Improvement Program intended to renovate the City Hall and Community
Center buildings collectively referred to as the City Hall Complex. Council is being asked to
approve an Architectural Design Services contract to Hall Barnum Lucchesi (HBL) Architects,
in the amount of $407,600. for the City Hall Complex Renovation Project.
Councilmember Carbone stated he knows it would be great to rehab the City Hall and
Community Center, but when you look at the City and there is infrastructure, sidewalks, water
quality, and roads that are affecting residents. He stated he cannot see spending four and a
half million dollars of additional CO's which is debt to rehab this building. At this time he has
not seen anything that makes sense to him to do this.
Mayor Pro -Tem Ordeneaux stated when you look at the mechanical systems that are running
these buildings, they are putting more debt on the city. This is something that needs to be
taken care of or it will cost the city more down the road. He stated we need to move forward to '
insure the city has space to serve the residents.
Mayor Reid stated the building is 30 years old and if we do not make sure it is structurally
sound it will create more problems which in turn will cost the city more.
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' Councilmember Carbone stated he did not see anything in the documents provided that there
is structural damage.
Assistant City Manager Trent Epperson stated as far as structural there is none, only
mechanical, electrical and needed space.
Councilmember Moore stated it looks like the problems are mostly mechanical, electrical,
plumbing, and fire issues. The general renovation looks to be a smaller amount.
Assistant City Manager Trent Epperson stated the City is looking at about half the cost to be
with the HVAC system, the fire sprinkler system in the Community Center and upgrading
electrical and plumbing. He further stated the general renovations will be the addition of office
space by rearranging the existing office space.
Councilmember Sherman stated technologically the city is in a position that many of the
residents will be able to do a lot of things through the internet, and not have to come to the city
hall. He further stated the city cannot afford to build a new city hall more centrally located so
we need to preserve the buildings we have. It is long overdue.
Councilmember Moore stated in the beginning he did think the same way as Councilmember
Carbone until looking at the breakdown of the cost. He feels better knowing that most of the
cost will be taking care of the plumbing, electrical, and HVAC.
Voting "Aye" Councilmembers Moore, Ordeneaux, and Sherman.
Voting "No" Councilmember Carbone.
Motion Passed 3 to 1. with Councilmember Hill absent.
Council Action — Resolution No. R2015-62 — A Resolution of the City Council of the City of
Pearland, Texas ("city") denying the distribution cost recovery factor rate increase of
CenterPoint Energy Houston Electric, LLC made on or about April 6, 2015; authorizing
participation in a coalition of similarly situated cities; authorizing participation in related rate
proceedings; requiring the reimbursement of municipal rate case expenses; authorizing the
retention of special counsel; finding that the meeting complies with the open meetings act;
making other findings and provisions related to the subject; and declaring an effective date.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Ordeneaux, to approve
Resolution No. R2015-62.
City Attorney Darrin Coker reported it is recommended that the City deny CenterPoint's
application to approve its Distribution Cost Recovery Factor (DCRF) rate increase. It is also
recommended that the City retain the law firm of Herrera & Boyle, PLLC to represent the City's
interest in matters related to CenterPoint's DCRF filing and to advise the City with regard to
CenterPoint's application, and that the City intervene in the proceeding before the Public Utility
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Commission of Texas, and represent the City in appeals, if any, regarding CenterPoint's
application.
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Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Moore. I Voting "No" None.
Motion Passed 4 to 0 with Councilmember Hill absent.
Council Action - Resolution No. R201"3 - A Resolution of the City Council of the City of
Peadand, Texas suspending the effective date for ninety days in connection with the statement
of intent filed by CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and
CenterPoint Energy Texas Gas - Texas Coast Division on or about March 27, 2015;
authorizing participation in a coalition of similarly situated cities; authorizing participation in
related rate proceedings; authorizing the retention of special counsel; requiring the
reimbursement of municipal rate case expenses; finding that the meeting complies with the
Open Meetings Act; making other findings and provisions related to the subject; and declaring
an effective date.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Ordeneaux, to
approve Resolution No. R2015-63.
City Attorney Danin Coker reported on or about March 27, 2015, CenterPoint Energy
Resources Corporation, d/b/a CenterPoint Entex and CenterPoint Energy Texas Gas
Company submitted a Statement of Intent to increase its base revenue on an overall basis by
approximately $6.8 million in the Company's Texas Coast Division. It is recommended the City
suspend CenterPoint's proposed effective date for ninety (90) days, and retain the law firm of '
Herrera 8 Boyle, PLLC to represent the City's interest in matters related to CenterPoint's rate
case.
Voting "Aye" Councilmembers Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2015-72 - A Resolution of the City Council of the City of
Peadand, Texas, authorizing the City Manager or his designee to enter into a System Raw
Water Availability Agreement with the Gulf Coast Water Authority for 10 million gallons per day
from the American Briscoe Water Canal Systems in an estimated amount of $710,000.00
annually.
Councilmember Sherman made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2015-72.
City Manager Clay Pearson reported as a part of the City of Pearland's long term water
availability strategy it is necessary to enter into agreements for the procurement of water for
potable, irrigation, and industrial uses within the City of Peadand. Council is being asked for
approval to enter into a System Raw Water Availability Agreement with the Gulf Coast Water I Authority.
Page 6 of - 4/27/2015
Voting 'Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Moore.
' Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Action - Resolution No. R2015-67 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for the construction of the Pearland Parkway Barrier Fence
Project to Aber Fence and Supply Company, Inc. in the amount of $253,003.00.
Mayor Pro -Tem Ordeneaux made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2015-67.
City Manager Clay Pearson reported Council is being asked to approve the Bid results and
award the contract for construction of the Pearland Parkway Barrier Fence (along the
Shadycrest subdivision) to Aber Fence & Supply Company Inc. in the amount of $253,003.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding if
this was discussed with the effected homeowners and the number of bids received for this
project.
Voting "Aye" Councilmembers Moore, Ordeneaux, Sherman, and Carbone
Voting 'No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Acfion - Resolution No. R201557 - A Resolution of the City Council of the City of
Peadand, Texas, authorizing a contract for construction management and inspections
services, associated with the Regency Park Paving and Drainage Project, to AARK
Engineering, LLC, in the amount of $312,811.00.
Councilmember Moore made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R2015-57.
City Manager Clay Pearson reported Council is being asked to approve the Construction
Management and Inspection Services (CMCI) contract with ARKK. Engineering, LLC. for the
Regency Park Subdivision Paving in the amount of $312,811.
Katherine Anthony, 3307 Jacquelyn, addressed Council thanking them for repairing the streets
and waterlines in the Regency Park Subdivision. She stated several of the residents are
concerned regarding a second entrance into the neighborhood. She further stated Regency
Park is one of the oldest subdivisions in Pearland and there has never been a problem with
having only one entrance. She stated if a second entrance is put in at the east parking lot of
the school emergency vehicles would not be able to arrive at the subdivision in a timely
manner during school hours. The residents would prefer not to have a second entrance.
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Mayor Pro -Tem Ordeneaux stated he understands that nothing has never happened, but we
do not want something to happen. He stated he would feel better by having the second '
entrance with the emergency gate.
Katherine Anthony, 3307 Jacquelyn, addressed Council stating if there was truly an
emergency there are other ways into Regency Park Subdivision.
Mayor Reid stated every subdivision has to have two entrances, a way to get in and out at two
different locations in case of an emergency. As a municipal government the safety and welfare
of the residents is our business.
Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Moore.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Action — Resolution No. R2018.70 — A Resolution of the City Council of the City of
Peadand, Texas, awarding a bid for the construction of the Regency Park Paving and
Drainage Project to SER Construction Partners, LLC., in the amount of $3,308,684.25.
Councilmember Carbone made the motion, seconded by Councilmember Sherman, to approve
Resolution No. R2015-70.
City Manager Clay Pearson reported in recent years the condition of the street pavement and '
waterlines throughout Regency Park Subdivision, the city's oldest concrete -paved subdivision,
have become un -sustainable. The overall Construction Phase is scheduled to be substantially
complete in eleven (11) months from the notice to proceed, with a thirty (30) day final
completion period. Council is being asked to award a bid for the construction of the Regency
Park Paving and Drainage Project to SER Construction Partners, LLC. in the amount of
$3,308,684.25.
Discussion ensued between Council and Director of Finance Claire Bogard regarding the
budget for this project.
Voting "Aye" Councilmembers Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
Council Action — Resolution No. R2016-69 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a contract for the purchase of hardware and licensing for the City
Enterprise Resource Planning in the estimated amount of $181,000.00.
Councilmember Sherman made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2015.69. '
City Manager Clay Pearson reported Council is being asked to award a contract for the
purchase of hardware and licensing for the City Enterprise Resource Planning (ERP) in the
estimated amount of $181,000.00.
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' Chief Information Officer Daniel McGhinnis gave an overview of the current infrastructure and
how it was designed, the Enterprise Resource Planning .(ERP) system, the proposed
infrastructure, advantages and future infrastructure.
Discussion ensued between Council and Chief Information Officer Daniel McGhinnis regarding
the storage system at Hill House verses the Public Safety Building.
Councilmember Carbone stated his concerns regarding the expense for the Enterprise
Resource Planning (ERP).
Voting "Aye" Councilmembers Moore, Ordeneaux, Sherman, and Carbone.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Hill absent.
City Manager Clay Pearson asked that Resolution No. R2015-66 be postponed to a future
Council meeting.
Council Action — Resolution No. R2015-66 — A Resolution of the City Council of the City of
Pearland, Texas, awarding a service contract for HVAC repair, maintenance and equipment to
Sentinel A/C & Heating Company for package one (1) and to the Lee Thompson Company for
package two (2) in the total estimated amount of $130,000.00.
OTHER BUSINESS: None.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT
Meeting was adjourned at 8:16 p.m.
Minutes approved as submitted and/or corrected this the 8' day of June, A.D., 2015,
U/6r.r Tia
Tom Reid
Mayor
ATTEST:
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