2016-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
' PEARLAND, TEXAS, HELD ON MONDAY, MARCH 28, 2016, AT 5:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 5:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Tony Carbone
Derrick Reed
Gary Moore
Keith Ordeneaux
Greg Hill
Clay Pearson
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Assistant City
Manager; Chris Orlea Director of Parks and Recreation; Michelle Graham Director of
Human Resource; Lata Krishnarao Director of Community Development; Cynthia Pearson
Interim Director of Finance; Sue Polka Director of Engineering; Vance Riley Fire Chief; Eric
Wilson Public Works Director; Sparkle Anderson Communications Director; Jennifer Huhn
Court Administrator; Skipper Jones Assistant Director of Capital Projects; Michael Leech
' Assistant Director of Public Works; John McCarter Management Assistant; Daniel
McGhinnis Chief Information Officer, Rick Overgaard Assistant Finance Director; Bob
Pearce Purchasing Officer.
The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by
Chief of Police J.0 Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, Reed,
Ordeneaux, and Hill.
CITIZEN COMMENTS: None
PUBLIC HEARING: None.
CONSENT AGENDA
A. Consideration and Possible Action — Resolution No. R2016 -22A — A
Resolution and Order of the City Council of the City of Pearland, Texas,
amending R2016-22 as it applies to the May 7, 2016 General Election,
for the purpose of amending election polling places and early voting
klocations
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B. Consideration and Possible Action — Resolution No. R201630 — A
Resolution of the City Council of the City of Pearland, Texas, approving a '
change order with Texas Sterling Construction Company in the amount of
$59,378.50 associated with the Bailey Road Reconstruction Project.
C. Consideration and Possible Action — Resolution No. R2016-48 — A
Resolution of the City Council of the City of Pearland, Texas, approving
Task Order B amendment with Cobb Fendley & Associates for
construction management and construction observation services for the
Hooper Road Project in the estimated amount of $56,610.
D. Consideration and Possible Action — Resolution No. R2016-47— A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply bid for the purchase of office supplies with Staples Advantage
in the estimated amount of $150,000.00.
E. Consideration and Possible Action — Resolution No. R2016-50 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for reconstruction of three traffic signal span wire intersections to
Reliable Signal & Lighting, LLC, in an amount not to exceed $96,960.00,
beginning March 28, 2016 through March 29, 2017.
Mayor Pro -Tem Carbone asked that Consent Agenda Item C be removed from the Consent ,
Agenda for further discussion.
Councilmember Moore made the motion, seconded by Councilmember Carbone, to adopt
Consent Agenda Items A through E with the exception of Item C as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Moore, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Reed absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Carbone Consent Agenda Item C was removed for further
discussion.
C. Consideration and Possible Action — Resolution No. R2016-48 — A
Resolution of the City Council of the City of Pearland, Texas, approving
Task Order B amendment with Cobb Fendley & Associates for
construction management and construction observation services for the
Hooper Road Project in the estimated amount of $56,610. '
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Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone to approve
' Resolution No. R2016-48.
City Manager Clay Pearson reported Council is being asked to approve Task Order B
amendment with Cobb, Fendley & Associates, Inc., for construction management and
observation services for the Hooper Road Project in the amount of $56,610.
Discussion ensued between Mayor Pro -Tem Carbone and the President of Pearland
Economic Development Corporation Matt Buchanan regarding budget information on this
item.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, and Moore.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Reed absent.
Councilmember Reed entered the Council Chambers at 5:34 p.m.
NEW BUSINESS:
Second and Final Reading of Ordinance No. 2000T -20 -An Ordinance of the City Council
' of the City of Pearland, Texas, amending selected provisions of the Land Use Matrix of
the Unified Development Code of the City; 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 Hill, to approve
Ordinance No. 2000T-20 on its Second and Final Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Land Use Matrix of the Unified Development Code.
City Manager Clay Pearson reported Staff is proposing eleven changes to the Land Use
Matrix in the Unified Development Code. The purpose of the first six proposed changes is
to provide the City Council and the Planning and Zoning Commission an opportunity to
review the suitability of the particular use in the zoning district through a Conditional Use
Permit. Conditional uses are those uses which are generally compatible with the permitted
land uses in a given zoning district, which require individual review of their proposed
location, design and configuration. The CUP allows imposition of conditions to ensure
appropriateness of the use at a particular location and compatibility with surrounding uses
within a given district. Most of the changes are in response to the changing land use patterns
in our community that have resulted in single family residential neighborhoods and
commercial and industrial areas being in close proximity. There are also five other changes
' to be consistent with other zoning districts, correct typographical errors, and to
clarity/expand definitions. A summary of the changes:
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Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1. '
Second and Final Reading of Ordinance No. 1518-3 —An Ordinance of the City Council
of the City of Pearland, Texas, amending Ordinance No. 1518-2, the 2015-2016 Annual
Budget Ordinance as it applies to General Fund Over Policy funds by authorizing the City
Manager or his designee to take all actions necessary to facilitate the changes identified
herein; providing a savings clause, a severability clause, a repealer clause, and an effective
date.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Ordinance No. 1518-3 as amended on its Second and Final Reading.
City Manager Clay Pearson reported Council is being asked to approve Ordinance No.
1518-3 authorizing the use of the General Fund over policy funds and TxDOT
reimbursement for the Recommended Expenditures to Fund with the General Fund Over
Policy Dollars and amending the FY 2016 Adopted Budget.
Discussion ensued between Councilmember Ordeneaux and City Manager Clay Pearson
regarding salaries in the Fire Department for this budget year.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore to amend '
the motion to remove the $1,000,000. that was allocated to the City Hall Certificates of
Obligation and to clarify that the expenditures will be outlined in Exhibit "A" showing a total
of $3,700.644.
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Use
Change
1.
Penal or Correctional Institutions
Require CUP in all zones where currently
ermitted
2.
Rehab Facilities/Halfway House
Require CUP in all zones where currently
ermitted
3.
Asphalt/Concrete Plant
Reduce permitted districts and require CUP in
certain zones
4.
Animal Process
Require CUP in all zones where currently
ermitted
5.
Auto Salvage Yards
Require CUP in all zones where currently
ermitted
6.
Veterinarian/Pet Care with outside
ens
Require CUP in some zones where currently
permitted
7.
Satellite Dishes
Large Dishes require CUP in all zones where
currentl
8.1
Ci ar and Tobacco Shops
Add e -cigarettes and vapor lounges to definition
9.
Exterminator Company
Permit use by right in M-1 and M-2
10. 1
Dumps and Landfills/Sanitary Landfill
Combine use descriptions
11.
AccessoryStructure/Off Street Parkin
Correct typographical errors.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1. '
Second and Final Reading of Ordinance No. 1518-3 —An Ordinance of the City Council
of the City of Pearland, Texas, amending Ordinance No. 1518-2, the 2015-2016 Annual
Budget Ordinance as it applies to General Fund Over Policy funds by authorizing the City
Manager or his designee to take all actions necessary to facilitate the changes identified
herein; providing a savings clause, a severability clause, a repealer clause, and an effective
date.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Ordinance No. 1518-3 as amended on its Second and Final Reading.
City Manager Clay Pearson reported Council is being asked to approve Ordinance No.
1518-3 authorizing the use of the General Fund over policy funds and TxDOT
reimbursement for the Recommended Expenditures to Fund with the General Fund Over
Policy Dollars and amending the FY 2016 Adopted Budget.
Discussion ensued between Councilmember Ordeneaux and City Manager Clay Pearson
regarding salaries in the Fire Department for this budget year.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore to amend '
the motion to remove the $1,000,000. that was allocated to the City Hall Certificates of
Obligation and to clarify that the expenditures will be outlined in Exhibit "A" showing a total
of $3,700.644.
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Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
I
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1.
Discussion ensued between Mayor Pro -Tem Carbone and City Manager Clay Pearson
regarding the $500,000, for the Fire Department Mid -Year Staffing Update will be on going.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
Voting "No" Councilmember Ordeneaux.
Motion Passed 4 to 1.
Council Action - Resolution No. R2016-49 - A Resolution of the City Council of the City
of Pearland, Texas, renewing a bid for rental of a belt filter press from Magnaflow
Environmental in the amount of $396,000.00 for a period of thirty-six (36) months.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2016-49.
City Manager Clay Pearson reported the current dewatering equipment is not adequate.
Therefore in 2014 rental equipment was installed until the permanent expansion is
completed to keep up with the sludge disposal demand. To acquire the rental equipment, in
June 2014, staff sent a specification and request for quotation to 6 suppliers of rental belt
filter press equipment. The current contract has ended as of February 2016. The action
requested with this Agenda Request will extend the contract through the end of the
permanent plant expansion, if necessary.
Discussion ensued between Mayor Pro -Tem Carbone and Public Works Director Eric
Wilson regarding the cost of the rental equipment and the completion of the permanent
expansion.
Discussion ensued between Councilmember Moore and Public Works Director Eric Wilson
regarding how the other treatment plants are operating in the City.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore
Voting "No" None.
IMotion Passed 5 to 0.
Page 5 of 8 - 3/28/2016
Council Input and Discussion - Regarding overall Debt Service and financing
alternatives.
City Manager Clay Pearson gave an overview of the Debt Service and financing '
alternatives.
Deputy City Manager Jon Branson gave an overview of Opportunities with low interest rates
for the City.
Assistant City Manager Trent Epperson gave an overview of projects that will be funded by
different forms of bonds and Certificates of Obligation.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
Centennial Park Phase II and Green Tee Terrace Trail.
Discussion ensued between Mayor Pro -Tem Carbone and Assistant City Manager Trent
Epperson regarding 2001 Bonds and 2007 Bonds.
BOSC, Inc. Representative John Robuck gave an overview of the Water and Sewer System
Revenue Bonds.
Discussion ensued between Council and BOSC, Inc. Representative John Robuck
regarding the General Obligation Debt, estimated savings in 2017 and why the City is not
looking at re -structuring.
Discussion ensued between Council and Finance Consultant Claire Bogard regarding the '
City's intent is to reimburse funds from all the bond projects at the beginning of the fiscal
year.
Councilmember Ordeneaux stated now is the time to get some of the projects completed.
He is in favor of this and likes the way it looks.
Mayor Pro -Tem Carbone stated he has been vocal about the City Hall renovation from the
beginning. The City is issuing Certificates of Obligation that are not voter approved. It looks
and feels like bond debt except the voters did not vote on it. He stated if Council would like
to state if they want to see approved debt being issued to renovate City Hall that has not
been voted on by the residents, and he is alone in this issue then he will shut up.
Councilmember Ordeneaux stated after looking at the HVAC and other repairs that need to
be done to City Hall he does not have an issue with the City Hall renovation.
Mayor Reid stated the City Hall Building is 30 years old and it is a big asset to our City and
we need to take care of what we have.
Councilmember Hill stated he tends to agree with Mayor Pro -Tem Carbone, but there is a '
need to invest into City Hall. He thinks we need to look at maybe invest $3,000,000 instead
of $5,000,000 into City Hall.
Page 6 of 8 - 3/28/2016
Councilmember Reed stated the City Hall does need work, employees are setting on top of
' each other and the office space is dated. He stated the City is almost 10 years behind with
the 2007 bond issue. He further stated he is not in favor of moving forward with the City Hall
renovation when the City has not completed even half the projects on the General Obligation
Bond Projects. He is in favor of looking at City Hall again to see what needs to be renovated
and what can be put on hold.
Assistant City Manager Trent Epperson stated when the 2007 Bond Package was
presented to the voters it was intended to be a seven year program to get all the projects
under construction and a ten year program to complete all the construction.
Discussion ensued between Mayor Pro -Tem Carbone and BOSC, Inc. Representative John
Robuck regarding if there could be a breakdown of the refinance portion and the new money
portion of the General Obligation.
Carbone asked if it is possible to bring back the City Hall renovation item separate before
the Certificates of Obligation are brought back to Council.
Deputy City Manager Jon Branson stated previously Council directed Staff to go ahead with
the plans and specifications, bid that out, and move forward with the base bid. Then bring
back the base bid plus alternates at that time. He further stated he would recommend to
continue with the previous direction from Council and move forward. He stated Staff has
heard the objections of Mayor Pro -Tem Carbone and partial objections from other
' Councilmembers. He has heard the majority of the Councilmembers to state to continue
moving forward and Council will look at it when the numbers come in.
Mayor Pro -Tem Carbone stated he agrQ i with that, but what he is hearing is Council is
going to have to vote on issuing all the Certificates of Obligation debt for the City Hall project.
Deputy City Manager Jon Branson stated one of the documents the City Manager Clay
Pearson sent to Councilmembers was the Tax Rate Comparisons and what the City would
be able to do regarding all the projects plus the Orange Street project. Last week a budget
document was presented to Council showing for the next two years the tax rate on the Debt
Service side. He further stated all the projects can be completed if the City takes advantage
of the refinancing at a lower debt service tax rate.
Mayor Pro -Tem Carbone stated he respects where the Deputy City Manager Jon Branson
is coming from, and it is great the City can spend all this money without raising the tax rate.
He stated just because the City can he does not think the City should. He is not comfortable
with spending that amount of money without it being approved by the voters.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
OTHER BUSINESS: None
Page 7 of 8 - 3/28/2016
Mayor Reid asked the individuals that are running for the new position on Council to
introduce themselves. '
Monica Russo running for Council Position No. 6.
Terry Gray running for Council Position No. 6.
ADJOURNMENT:
Meeting was adjourned at 6:35 p.m.
Minutes approved as submitted and/or corrected this the 2V' day of April, A.D., 2016.
Tom Reid
Mayor
ATTEST:
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