2015-08-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 24, 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
Tom Reid
Mayor Pro -Tem
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
Greg Hill
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Daniel Baum Deputy Fire Chief; Claire Bogard Director of Finance; Jon
Branson Deputy City Manager; Matt Buchanan President of Economic Development
Corporation; Kevin Byal Building Official; J.0 Doyle Police Chief; Trent Epperson Assistant
City Manager; Roland Garcia Fire Marshal; Chris Orlea Interim Director of Parks and
Recreation; Michelle Graham Interim Director of Human Resource; Lata Krishnarao Director
of Community Development; Frankie Legaux City Planner; Vance Riley Fire Chief; Kim
Sinistore Executive Director, Convention/Visitors Bureau; Eric Wilson Public Warks Director;
Sparkle Anderson Communications Manager; Joel Hardy Grants Coordinator; John Knight IT
Manager; Michael Leech Assistant Director, Public Works; Richard Mancilla Assistant City
Engineer; John McCarter Management Assistant; Daniel McGhinnis Chief Information
Officer; Bob Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney; Johnny
Spires Assistant Police Chief; Letitia Farnie Municipal Court Judge.
The invocation was given by Councilmember Moore and the Pledge of Allegiance was led by
Justin Ruhl, Boy Scout Troop 414.
CITIZEN COMMENTS:
Max Krchnak, 3420 Shadycrest Drive, addressed Council stating he and his family moved to
Pearland in 1965. He stated he is a member of the Shadycrest Homeowners Association and
they were going to have a neighborhood garage sale in April. He stated his concerns
regarding garage sales in Pearland, and the garage sale City Ordinance needs to be
modified.
Jimmy Aranda, 1106 Woodbridge Avenue, addressed Council stating he is hoping to open up
a Winery in Pearland. He is having a few obstacles in trying to bring the Winery to Peadand.
He stated he wanted to bring Council up to date regarding the status of the Winery.
PUBLIC HEARING: None.
Page 1 of 11 — 8/24/2015
CONSENT AGENDA:
A. Consideration and Possible Action - Approval Of Minutes: ...
1. Minutes of the June 22, 2015, Regular Meeting, held at 6:30 p.m.
2. Minutes of the July 13, 2015, Regular Meeting, held at 6:30 p.m.
3. Minutes of the July 27, 2015, Regular Meeting, held at 6:30 p.m.
4. Minutes of the August 10, 2015, Special Meeting, held at 6:00 p.m.
B. Consideration and Possible Action - Resolution No. R2015-148 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
service and maintenance contracts to Securadyne Systems LLC in the
estimated annual amount of $78,393.64.
C. Consideration and Possible Action - Resolution No. R2015-146 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for Fire Department medical screening services to Kelsey -Seybold in the
estimated amount of $135,750.00 for the period of September 14, 2015
through September 13, 2016.
D. Consideration and Possible Action - Resolution No. R2016-147 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the '
City Manager or his designee to enter into a Reimbursement Agreement
with the Pearland Economic Development Corporation, Letter Financing
Agreements with the Lower Kirby Pearland Management District and
Pearland Municipal Management District No.1, and an Engineering Services
Agreement in the amount of $214,137.00 with LJA Engineering, Inc.,
associated with the preparation of a preliminary engineering report for South
Spectrum Boulevard.
E. Consideration and Possible Action - Resolution No. R2015-145 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for temporary personnel services to Lane Staffing as the
primary vendor and TEI Staffing as the secondary vendor, in the estimated
amount of $70,000 for the period of September 14, 2015 through
September 13, 2016. It is additionally requested that City Council ratify
payments to date and staffing requirements through September 11, 2015 to
Meador Staffing for FY2015 in the approximate amount of $76,000.
F. Consideration and Possible Action - Resolution No. R2015-144 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
fixed price contract for construction services associated with the internal
lining rehabilitation of the Southdown ground storage water tank, to Pardalis '
Industrial Enterprise Inc., in the amount of $180,000.
Mayor Reid asked that Consent Agenda Items B, C, and E be removed from the Consent
Agenda for further discussion.
Page 2 of 11 - 8/24/2015
Councilmember Hill made the motion, seconded by Councilmember Moore, to adopt Consent
Agenda Items A through F with the exception of Items B, C, and E as presented on the
Consent Agenda.
' Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
B. Consideration and Possible Action - Resolution No. R2015-148 - A
Resolution of the City Council of the City of Pearland, Texas, awarding
service and maintenance contracts to Securadyne Systems LLC in the
estimated annual amount of $78,393.64.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2015-148.
City Manager Clay Pearson reported the cost for supporting service and maintenance
agreements (including software) for the equipment currently in service at the facilities is of an
ongoing nature and rises as the City adds facilities. With the currently -needed facility service
agreement add-ons, the annual cost will now exceed $50,000. necessitating Council action
for approval.
' Discussion ensued between Council and Chief Information Officer Daniel McGhinnis
regarding the surveillance equipment and cameras at the Public Safety Building and the
Recreation Center/Natatorium.
Voting "Aye" Councilmembers Hill, Ordeneaux, Reed, and Moore.
Voting "No" Councilmember Carbone.
Motion Passed 4 to 1.
C. Consideration and Possible Action - Resolution No. R2015-146 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for Fire Department medical screening services to Kelsey -Seybold in the
estimated amount of $135,750.00 for the period of September 14, 2015
through September 13, 2016.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2015-146 as amended.
City Manager Clay Pearson reported National Fire Safety Association (NFPA) medical exams
are a critical component to ensuring the wellness and readiness of our firefighters.
' Contracting with a provider that can provide an exam that focuses specifically on the NFPA
standard for firefighters is essential to their safety. This exam will be more detailed and
focuses on health and wellness as it relates to the profession.
Fire Chief Vance Riley gave an overview of the National Fire Safety Association (NFPA)
medical exam for Firefighters.
Page 3 of 11 - 8/24/2015
Councilmember Hill stated he would like to hear from a representative with Memorial
Hermann. '
Memorial Hermann Representative spoke regarding the equipment needed to perform the
National Fire Safety Association (NFPA) medical exams for the firefighters.
Discussion ensued between Council and Fire Chief Vance Riley regarding the price
differential between Memorial Hermann and Kelsey -Seybold.
Councilmember Hill stated they are both great firms, but he would prefer to go with Memorial
Hermann because they are more economical.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Carbone, to amend
Resolution No. R2015-146 for the Fire Department Medical Screening Services go to
Memorial Hermann contingent on having the medical equipment.
Voting "Aye" Councilmembers Hill, Carbone, Reed, and Moore.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill. '
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1.
E. Consideration and Possible Action — Resolution No. R2015-145 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for temporary personnel services to Lane Staffing as the
primary vendor and TO Staffing as the secondary vendor, in the estimated
amount of $70,000 for the period of September 14, 2015 through
September 13, 2016. It is additionally requested that City Council ratify
payments to date and staffing requirements through September 11, 2015 to
Meador Staffing for FY2015 in the approximate amount of $76,000.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2015-145.
City Manager Clay Pearson reported it is necessary for City Departments to utilize temporary
personnel as needed to cover for vacated positions, Family Medical Leave Act (FMLA), and
special projects. The City's expenditure for temporary personnel has risen from '
approximately $22,000 in FY2014 to a current spend of almost $70,000 in 2015. Council is
being asked to award a unit price contract for temporary personnel services to Lane Staffing
as the primary vendor and TEI Staffing as the secondary vendor, in the estimated amount of
$70,000 for the period of September 14, 2015 through September 13, 2016.
Page 4 of 11 — 6/24/2015
Lance Foss, 1409 O'Day Road #57, addressed Council stating he is against temporary
agencies, employment agencies, and employers that use them. He understands the reason
' for utilizing the agencies, but he is against them. He stated that he is an entrepreneur and
read a short story to Council he had wrote about two rabbits.
Discussion ensued between Council and Purchasing Officer Bob Pearce regarding where the
City is currently with the amount of funds spent, the current vendor, and being within budget.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
First and Only Reading of Ordinance 1516 — An Ordinance Authorizing the Issuance of
City of Pearland, Texas Certificates of Obligation, Series 2015; Prescribing the Terms
Thereof; Providing for the Payment Thereof; Awarding the Sale Thereof; and Making Other
Provisions Regarding Such Certificates and Matters Incident Thereto; and Declaring an
Emergency.
' Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve
Ordinance No. 1516 on its First and Only Reading.
City Manager Clay Pearson reported the Certificate of Obligation Act allows the governing
body to issue certificates for professional services (ie: engineers, architects, appraisers, etc.)
and construction associated for any public work. Work has begun on Fire Station No. 2 and
City Council approved a notice of intent to be reimbursed from future bond proceeds in
January 2015; Resolution R2015-4. Certificates of Obligation, while not approved for the
votes, allows for a public process.
I
BOSC, Inc. Financial Advisor John Robuck gave an overview of the competitive bids for the
Certificates.
Mayor Pro -Tem Carbone thanked Staff for issuing the Certificates of Obligation at a lower
amount.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 11 — 8/24/2015
First and Only Reading of Ordinance 1515 - An Ordinance Authorizing and Ordering the
Issuance of City of Pearland, Texas Permanent Improvement Bonds, Series 2015;
Prescribing the Terms and Form Thereof; Making other Provisions Regarding such Bonds, '
Including the Use of the Proceeds Thereof, and Matters Incident Thereto; and Declaring an
Emergency.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Reed, to approve
Ordinance No. 1515 on its First and Only Reading.
City Manager Clay Pearson reported the fiscal year 2016 budget included the sale of
Permanent Improvement Bonds in the amount of $16,888,546 in order to fund capital
improvement projects that would be funded with the 2007 voted bond authorization.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
Second and Final Reading of Ordinance No. 2000T-18 -An Ordinance of the City Council
of the City of Pearland, Texas, amending selected provisions of the Unified Development
Code of the City; regarding automobile related uses in BP -288, OP, NS, GB, and GC zones,
and undergrounding requirement for electrical utilities; having a savings clause, a severability
clause, and a repealer clause; providing for codification, publication and an effective date.
Councilmember Reed made the motion, seconded by Councilmember Moore, to approve '
Ordinance No. 2000T-18 on its Second and Final Reading.
City Manager Clay Pearson reported Staff was directed to review the Pearland Parkway
Corridor to identify all undeveloped tracts of land within the specified review area and where
existing zoning districts allow for automobile related uses by right. For those specific tracts,
the City Council requested Staff to recommend changes that would limit the continued growth
of automobile related uses along Pearland Parkway.
Director of Community Development Lata Krishnarao gave an overview of the changes to the
Unified Development Code in order to achieve Council's goal.
Discussion ensued between Council and Director of Community Development Lata
Krishnarao regarding clarification on the Neighborhood Services (NS) changing to a
Conditional Use Permit (CUP).
Voting "Aye" Councilmembers Hill, Reed, and Moore.
Voting "No" Councilmembers Ordeneaux and Carbone.
Motion Passed 3 to 2. '
Council Action - Resolution No. R2015-150 -A Resolution of the City Council of the City
of Pearland, Texas, authorizing Advanced Funding Agreements with the State of Texas for
the Green Tee Terrace and Shadow Creek Ranch Bike & Pedestrian Trail Projects.
Page 6 of 11 - 8/24/2015
Councilmember Moore made the motion, seconded by Councilmember Reed, to approve
Resolution No. R2015-150.
' City Manager Clay Pearson reported Council is being asked for approval of two Advanced
Funding Agreements (AFAs) with the Texas Department of Transportation (TxDOT) for the
Green Tee Terrace and the Shadow Creek Ranch Bike and Pedestrian Trail Design Phase
work.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
the items in the budget and reimbursement to the City.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2015-143 — A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for the construction of the Bailey Road Expansion Project
(between Veterans Drive and FM 1128) to Texas Sterling Construction, in the amount of
$21,299,999.00.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2015-143.
' City Manager Clay Pearson reported Council is being asked to approve the bid results for
Bailey Road Reconstruction Project and awarding the contract for construction to Texas
Sterling Construction Company, in the amount of $21,299,999.
Assistant City Manager Trent Epperson gave an overview of the background and scope of
the project.
Mayor Reid commended Staff for their hard work on this project.
City Manager Clay Pearson thanked the Mayor for his personal involvement. For many years
representing Pearland by attending the Houston -Galveston Area Council (HGAC) meetings.
Councilmember Hill thanked the Mayor for his staying power when it comes to his
involvement with Houston -Galveston Area Council (HGAC).
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
this project receiving Transportation Improvement Program (TIP) funding and TIP funding
guidelines.
Councilmember Moore stated his concerns regarding only one opening when leaving Turner
' School from McLean to Veterans Drive. It is hard to get to places when you are not able to
make a left turn, you have to go to the intersection and make a U turn. He stated he would
like to be involved with the design of Smith Ranch Road regarding the breaks in the medians.
Page 7 of 11 — 8/24/2015
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
the Operation and Maintenance Costs.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. I Voting "No" None.
Motion Passed 5 to 0
Council Action — Resolution No. R2015-140 — A Resolution of the City Council of the City
of Pearland, Texas authorizing the City Manager or his designee to enter into an Inter -Local
Agreement with Pearland Independent School District for School Resource Officer Program.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2015-140.
City Manager Clay Pearson reported the City provides police officers to Pearland
Independent School District (PTSD), via an Inter -Local Agreement, to be utilized by the
District as School Resource Officers (SRO). The current agreement expires August 2015.
Council is being asked to approve an agreement for the upcoming school year. PISD
approved the agreement at its August 11, 2015 school board meeting.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" None. '
Voting "Abstain" Councilmember Ordeneaux.
Motion Passed 4 to 0, with 1 abstention.
Council Action — Resolution No. R2015-149 — A Resolution of the City Council of the City
of Pearland, Texas, adopting modifications to the City's Volunteer Fire Fighter Program
("Program") and authorizing the termination of the City's current contract with the Pearland
Volunteer Fire Department, Inc. to allow for the transition of the volunteer fire fighters into the
City's Program.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2015-149.
City Manager Clay Pearson reported Pearland Fire Department has moved from an all -
volunteer non-profit corporate entity with a contract with the City of Pearland in 2007 to a City
Department with a vast majority of Department members being full-time employees in 2015.
Discussion ensued between Council and Fire Chief Vance Riley regarding the effect this will
have on the Volunteer Firefighters.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. '
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 11 — 8/24/2015
First Reading of Ordinance No. 943.22 - An ordinance of the City Council of the City of
Pearland, Texas, amending portions of the Thoroughfare Plan of the City in the following
' locations: realignment of the future Westminster Drive connection from Barry Rose Parkway
to a connection with Pearland Parkway; elimination of an extension of West Lea Lane, a
Minor Collector between Manvel Road and CR 107; and removal of the collectors located at
the northwest corner of Main Street and Bailey Road; having a savings clause, a severability
clause, and a repealer clause; providing for codification, publication and an effective date.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Ordinance No. 943-22 on its First Reading.
City Manager Clay Pearson reported Staff has identified a few areas of the current
Thoroughfare Plan that due to upcoming development in the area, need to be amended to
reflect current conditions.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the proposed amendments to the Thoroughfare plan.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
' Mayor Reid called for a recess at 7:53 p.m.
Mayor Reid called the meeting to order at 8:04 p.m.
Input and Discussion: Fiscal Year 2016 Budget - Discussion #4 - Water/Sewer CIP,
Water/Sewer Fund, Water/Sewer Multi -Year Forecast, Water/Sewer Rates and Fees and
Other Follow -Up Matters
City Manager Clay Pearson reported tonight's discussion #4 will allow staff to present the
Water/Sewer Fund, Five -Year Capital Improvement Plan (CIP) for Water/Sewer, Multi -Year
Forecast for Water/Sewer and Water/Sewer rates and other Water/Sewer fees.
James McGuire, 3215 Blacklane, addressed Council stating he is addressing the citizens of
Pearland, City Council and City Administration this evening as Vice President of the Pearland
Police Officer's Association, and on behalf of its members. He thanked Council for their
continued support and vested interest in the safety for all Pearland residents. He stated over
the last few weeks he has heard the debate regarding the budget and how it will affect the
City and the Police Department as a whole. City Administration sent a survey to citizens for
impute. The citizens responded to the survey regarding traffic and public safety. He cannot
help with traffic but he can help with public safety. Overall theft offensives are up. In Texas
' the City of Pearland is ranked as one of the safest Cities to live in, unfourtunley Pearland has
dropped in this ranking over recent years. He stated his concerns regarding City
Administration, and not being able to hire the number of new officers needed. He further
stated the police officers are being demoralized by removing them from earned positions and
putting them back on patrol to look as if the department is fully staffed. He stated to the
citizens of Pearland the Police Officers are not going anywhere and their performance will not
Page 9 of 11 - 8/2412015
fray, we were here for the citizens yesterday, today, and we will be here for the citizens
tomorrow.
Assistant City Manager Trent Epperson gave a presentation of the Five Year Capital '
Improvement Program of the Water/Sewer and Wastewater.
Budget Analyst Neelie Walker gave a presentation on the Water & Sewer Fund.
City Manager Clay Pearson gave a presentation on the General Fund, Revenue Reduction,
Police Staffing Options and Funding Mechanisms.
Mayor Reid stated Pearland is a beautiful town that everyone wants to come to and be a part
of. The City had to spend a large amount of money to put in capital improvements. The City's
taxable income is chasing capital improvements. The only way the City can catch up is to
stop growing, and that is not going to happen.
Councilmember Hill stated he agrees with the Mayor, the City has some issues regarding
growth. He stated the budget needs to be prioritized, but Council has a different prospective.
He stated his prospective is to focus on Public Safety.
Discussion ensued between Council, City Manager Clay Pearson, Director of Finance Claire
Bogard, Vice President of the Pearland Police Officer's Association James McGuire and
Police Chief J.C. Doyle regarding the addition of new Police Officers, Sergeants and the
budget.
Mayor Reid stated he has heard residents say they would like the roads and sidewalks '
repaired, and more police officers on patrol. The City cannot do both until the taxable income
matches the service requirements.
Mayor Pro -Tem Carbone stated he appreciates everything the Police department does, it
goes unsaid too many times. He further stated he is leaning towards Option 2 or 3 for Police
staffing. He stated next year he would like to see more than four options especially when the
study comes out. He would also like to get a clearer picture of what the departments are
requesting.
Discussion ensued between Council, City Manager Clay Pearson and Assistant City
Manager Trent Epperson regarding funding for Patrol staffing.
Councilmember Ordeneaux stated departmental needs and wants has been talked about. He
stated the years he has worked for Pearland Independent School District there is not one
department that has asked for everything they wanted or received everything they wanted.
We have to balance this. He does not have a problem adding what needs to be added, the
City just needs to pay for it. Paying for it out of cutting others is not the right way to do it. It
sounds good to say the City is lowering taxes, but if we are doing it at the expense of the
residents and the City, it is outright wrong.
Councilmember Hill stated Council does not want the New Parks Maintenance, the Cost of '
Living Adjustment, and the Small Business Coordinator eliminated when locating funds for
the new Police positions. He further stated he would like to go with Option 2 for Police
Staffing.
Page 10 of 11 - 8/24/2015
Mayor Pro -Tem Carbone stated Public Safety is a priority and we need to find it in the
budget. He appreciated the things Officer James McGuire spoke of, some of the statements
' are concerning. The Police Chief has a good department and he needs to be able to run that
department. He stated he is for Option 2 for Police Staffing.
Councilmember Moore thanked the Police officers for taking time out of their schedules to
attend the Council meeting. He stated he is for Option 2 of the Police Staffing.
Councilmember Reed stated he is fine with Option 1 or 2 for Police Staffing. He further stated
regardless of going with Option 1 or 2 he would like to see first where the funds will be
coming from.
City Manager Clay Pearson stated next Monday, August 31, 2015 will be a Public Hearing
regarding the Tax rate and Budget. Staff will come back with funding for Option 2.
u
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 9:45 p.m.
Minutes approved as submitted and/or corrected this the 1411 day of September, A.D., 2015.
Tom Reid
Mayor
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