2016-04-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 25, 2016, 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 Damn Coker
City Secretary Young Long
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 Manager; Skipper
Jones, Assistant Director of Capital Projects; John Knight, Manager, Information
Technology; Michael Leech, Assistant Director of Public Works; Richard Mancilla, Assistant
City Engineer; Daniel McGhinnis, Chief Information Officer; Bob Pearce, Purchasing Officer;
Lawrence Provins, Deputy City Attorney,The invocation was given by Councilmember Hill and the Pledge of Allegiance was led by
Sabrina Sacks Girl Scout Troop No. 27119.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, Reed,
Ordeneaux, and Hill.
CITIZEN COMMENTS:
Sabrina Sacks Girl Cadet Scout Troop 27119, addressed Council stating they would like the
City of Pearland to help raise awareness of the declining Monarch Butterfly population as
well as help inform the public. The Monarch population is declining due to a loss of habitat
and native plants such as the milkweed. She requested if the City landscaping crews could
assist in scattering milkweed seeds, and to cut the milkweed plants back to six inches in the
winter. A program like this would benefit the Monarch Butterfly in Texas and help raise
awareness.
Gary Prebilsky, 2453 Roy Road, addressed Council stating his concerns regarding not being
' able to mow the ditches due to the depth and severe slopes. He further stated special
equipment is required due to the depth and severe slopes which make it dangerous. He
asked Council's consideration for a variance to continue the necessary maintenance to be
done by the City of Pearland, who is properly trained with proper equipment.
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Walter Simmonds, 1508 Mykawa Road, addressed Council stating he has the same
concerns as Mr. Prebilsky regarding the drainage ditches. He is asking Council for their I consideration regarding this issue.
Anna Clark, 2015 Isla Drive, addressed Council stating her concerns regarding the flooding
and drainage problems in her subdivision. She asked that the drainage be cleaned every
six months to help alleviate this problem.
Dale Pillow, 2302 Meadow Green Drive, addressed Council stating she is representing Keep
Pearland Beautiful. She stated ten years ago a Bond election passed, and part of that Bond
election was the Nature Center. She would like to get some assurance from Council that the
original intent of the Bond is to make the Nature Center a primary place for Keep Pearland
Beautiful.
Marcia Barnette, 2016 Isla Drive, addressed Council stating she has lived at this residence
for forty years. It is a nice subdivision and has never flooded. With the new development in
the area things change. There is now flooding and no drainage. She asked when the Orange
Street project is started if Isla Drive and some of the side streets could be included in that
project.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the March 28, 2016, Regular Meeting held at 6:30 p.m
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP 2016-01 - An Ordinance of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for a gasoline station and convenience store in the General Business
(GB) zone, a tract or parcel containing 0.8767 acre portion of a 3.3825
acre tract of land situated in the Thomas J. Green Survey, Abstract 198, in
the City of Pearland, Bmzoria County, Texas. (Located at the northeast
Corner of Broadway St. and Alexander Ln., Pearland, TX) Conditional
Use Permit Application No 2016-01, within the General Business (GB)
zoning district, at the request of James Elmore, applicant; on behalf of A&A
Business, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
C. Consideration and Possible Action - Second and Final Reading of '
Ordinance No. 1523 - An Ordinance authorizing the issuance of City of
Pearland, Texas, permanent improvement and/or refunding bonds in one
or more series; setting certain parameters for the bonds; authorizing
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refunding of certain outstanding obligations; authorizing a pricing officer to
approve the amount, the interest rate, price, and terms thereof and certain
other procedures and provisions relating thereto.
' D. Consideration and Possible Action — Resolution No. R2016-66 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a professional services
contract with Talley Landscape Architects Inc., in the amount of
$252,740.00, for Design Engineering services associated with the
Independence Park Phase 1 Project.
E. Consideration and Possible Action — Resolution No. R2016-56 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a contract with Pierce
Goodwin Alexander & Linville Architects (PGAL), in the amount of
$182,000.00, for architectural and engineering services associated with
the Delores Fenwick Nature Center Project.
F. Consideration and Possible Action — Resolution No. R2016-65 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for the purchase of a 3 -Dimensional Laser Scanner in the amount of
$68,805.93 FARO Technologies.
G. Consideration and Possible Action — Resolution No. R2016-64 — A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for the purchase of automotive tires through the National Joint
Powers Alliance (NJPA) contract in the estimated amount of $150,000 for
the period of May 17, 2016 through May 16, 2017.
H. Consideration and Possible Action — Resolution No. R2016-51 — 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 $173,558 with LJA Engineering,
Inc., associated with the Lower Kirby TxDot Ditch Acquisition Project.
I. Consideration and Possible Action — Resolution No. R2016-68 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a contract with SunGard
OSSI for the purchase of SunGard OSSI Site License in the estimated
amount of $249,500.
J. Consideration and Possible Action — Resolution No. R2016-63 — A
Resolution of the City Council of the City of Pearland, Texas, awarding a
' bid for construction services associated with the internal lining
rehabilitation of the Liberty and Suburban Garden Road ground storage
water tanks to H&W Industrial Services Inc., in the amount of $176,736.
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Councilmember Reed asked that Consent Agenda Item D be removed from the Consent
Agenda for further discussion.
Mayor Pro -Tem Carbone asked that Consent Agenda Item E be removed from the Consent .
Agenda for further discussion.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to adopt
Consent Agenda Items A through J with the exception of Items D 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.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Reed Consent Agenda Item D was removed for further
discussion.
D. Consideration and Possible Action - Resolution No. R2016-66 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a professional services
contract with Talley Landscape Architects Inc., in the amount of
$252,740.00, for Design Engineering services associated with the '
Independence Park Phase 1 Project.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2016-66.
City Manager Clay Pearson reported the Professional Services contract with Talley
Landscape Architects Inc., consists of Basis Design Services for the lump sum of
$128,913.80. Additional Design Services include survey, platting, geotechnical investigation
and electrical engineering for total lump sum fee of $93,774.00. Bid Phase services and
Construction Phase services are based on hourly not to exceed fees of $4,832.70 and
$19,369.00 respectively. Reimbursable expenses for reproduction and mileage total
$6,570.50. The total for all fees is $252,740.00. These fees reflect a total of 8.2% of the
estimated construction costs.
Discussion ensued between Council and Assistant City Manager Trent Epperson regarding
the decision to utilize the professional services of Talley Landscape Architects Inc., and the
direction the amphitheater will be facing.
Director of Parks and Recreation Chris Orlea gave an explanation of the installation of fiber
connectivity for an event venue to be able to bring in different revenue streams that will
provide some feature comforts. I
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Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, and Moore.
'Voting "No" Councilmember Reed.
Motion Passed 4 to 1.
As requested by Mayor Pro -Tem Carbone Consent Agenda Item E was removed for further
discussion.
E. Consideration and Possible Action - Resolution No. R2016-56 - A
Resolution of the City Council of the City of Peadand, Texas, authorizing
the City Manager or his designee to enter into a contract with Pierce
Goodwin Alexander & Linville Architects (PGAL), in the amount of
$182,000.00, for architectural and engineering services associated with
the Delores Fenwick Nature Center Project.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2016-56.
City Manager Clay Pearson reported the Delores Fenwick Nature Center was one of the
park projects approved by voters in the bond election of 2007. The project's design and
construction were delayed during the 2007-2009 economic down -tum and later by the
higher priority list of transportation projects that took precedence. Features include a 5,000
square foot building, containing a 2,000 square foot open-air pavilion, a 50 -seat classroom/
' demonstration area, staff offices, environmental educational displays, interpretive
sustainable design exhibits, site amenities such as the outdoor teaching platform and
demonstration gardens, an onsite tree farm and approximately 25 new grass-crete parking
spaces. The building and site improvements will be designed to achieve LEED Silver
certification. This location centralizes the City's environmental operations, environmental
awareness and educational opportunities within the complex, recently the site of a newly
constructed nature trail. Currently, staff is making application for RESTORE Act funding to
supplement ancillary improvements associated with the environmental educational theme
of the complex, including the construction of additional improvements to support specific
educational programs. The Nature Center is planned to house these programs and provide
a venue for cooperative events with local environmental groups as well as Peadand
Independent School District and possibly University of Houston Clear Lake, Pearland
programs.
Mayor Pro -Tem Carbone stated he removed this item so Staff can comment in terms of Ms.
Dale Pillow's comments regarding the Nature Center, but Mr. Pearson addressed
everything in his report.
Discussion ensued between Councilmember Moore and City Manager Clay Pearson
regarding the requirements of the LEED Silver certification.
' Councilmember Ordeneaux stated this was a conversation Council had three or four years
ago regarding the LEED certification. Council passed a resolution at that time stating all City
facilities would be LEED certified. Council came back and passed a second resolution to
override the previous resolution stating the City would build their facilities as energy
Page 5 of 14 - 4/25/2016
efficient and environmental as possible.
Mayor Reid stated if the City can put the highest number of LEED standards that is allowed '
within the budget it will add to that particular type of facility.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid recognized and thanked the students of the Youth Action Council (YAC) and
State Representative Ed Thompson for attending the Council meeting.
State Representative Ed Thompson thanked Council and Staff for what they do, it is a tough
job with the growth in Pearland. He stated in the last legislative session the Tuition Revenue
Bonds passed and received funding for the Health and Science building at the University of
Houston Clearlake campus in Pearland. He further stated there will be a lot of issues to deal
with at the next legislative session because it will have to do with oil and gas prices which
effects our budgets.
NEW BUSINESS:
Second and Final Reading of Ordinance No. 2000M-143 - 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
property being a tract or parcel containing 3.8662 acres or 168,441 square feet of land
situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County,
Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as
thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed
Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria
County, Texas. (Located at the Westside of Kirby Drive approximately 1,500 feet South
of Broadway Street, Pearland, TX.) Zone Change Application No. 2016-05Z, a request by
Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd.,
owner; for approval of a change in zoning from the Residential Estate (R -E) and Single
Family Residential - 2 (R-2) zoning districts to a General Business (GB) zoning district; on
approximately 3.8662 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 Reed made the motion, seconded by Councilmember Moore, to approve
Ordinance No. 2000M-143 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 Zone Change Application No. 2016-05Z. I Director of Community Development Lata Krishnarao gave an overview of the Zone Change
request.
Page 6 of 14 - 4/25/2016
Jeff Bailey, 5131 Broadway, addressed Council stating he is representing Sure Point Self
Storage, he will be happy to answer any questions Council may have.
'Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, and Moore.
Voting "No" Reed.
Motion Passed 4 to 1
Second and Final Reading of Ordinance No. CUP 2016-07 - An Ordinance of the City
Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow
for self -storage facility in General Business (GB) zoning district, being a tract or parcel
containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R.
company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of
Reserve "B", first amending plat of Southgate Section One, as thereof recorded under
Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as
recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. (Located
at the West side of Kirby Drive approximately 1,500 feet South of Broadway Street,
Pearland, TX.) Conditional Use Permit Application No 2016-07, within the General
Business (GB) zoning district, at the request of Andrew Allemand/Windrose Land Services,
applicant; on behalf of Lingo Southgate Ltd., owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the subject.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
' Ordinance No. Cup 2016-07 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 Conditional Use Permit Application No 2016-07.
City Manager Clay Pearson reported this is for the Conditional Use Permit (CUP) in
conjunction with Ordinance 2000M-143, the zone change that passed. This is for the use
and improvements for the self -storage unit.
Director of Community Development Lata Krishnarao stated d the City Council should
consider approval of this CUP, the following conditions are recommended:
1. Building fagade materials for facades visible from Kirby Drive shall be limited to no
more than thirty percent (30%) stucco.
2. No permit shall be issued until the storm drainage pipe issues are resolved and
written approval is received from the City and Brazoria County Drainage District No.
4 (BDD4).
She further stated at the Public Hearing meeting Council discussed the signage on the east
elevation. The applicant indicated 0 would be ok for the City to put a limitation of 15%
signage of the entire faced,,. She stated if Council wants to approve the signage as shown
t in the building elevation it should be specially mentioned so it can be added in the
Conditional Use Permit (CUP).
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Councilmember Reed made the motion to amend, seconded by Councilmember Moore, to
add a third condition to this Ordinance that would limit the signage on the side of the building '
to no more than 15%.
Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill.
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, Carbone, and Hill.
Voting "No" Councilmembers Reed and Ordeneaux.
Motion Passed 3 to 2.
Second and Final Reading of Ordinance No. 2000M-11" - An Ordinance of the City
Council of the City of Pearland, Texas, approving a amending Ordinance No. 2000M, the
zoning map of the City of Pearland, Texas, for the purpose of changing the classification
of certain property a tract of land containing 48.471 acres of land situated in the James
Hamilton Survey, Abstract No. 881 in Hams County and Abstract No. 747 in Brazoria
County, Texas. Said 48.471 acre tract is in Lot 5 of the Subdivision of the John Hamilton '
Survey as recorded in Volume 83, Page 342 in the Harris County Deed Records and is that
same 48.4712 acre tract of land described in a deed to Amegy Mortgage Company, L.L.C.
as recorded in Clerk's File No's 20100132332 and 20100235353 in the Harris County
Clerk's Office. (Located at the southwest corner of SH 288 and Spectrum Boulevard,
Pearland, TX.) Zoning Change No 2015-14Z, a request of Patti Joiner of Knudson LP.,
applicant; on behalf of American Modem Green (Houston) LLC, owner; for approval of a
change in zoning from the Planned Development (PD) zoning district known as Modem
Green Ivy, to a Planned Development (PD) zoning District known as Ivy District; on
approximately 48.471 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 Ordeneaux made the motion, seconded by Councilmember Moore, to
approve Ordinance No. 2000M-144 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 Zone Change No 2015-14Z.
Director of Community Development Lata Krishnarao reported the applicant is requesting
approval of a change in zoning from Modem Green Ivy Planned Development (PD) zoning
district on approximately 48.471 acres, to replace the Ivy District Planned Development (PD) '
zoning district that was approved in 2014.
Page 8 of 14 — 4/25/2016
Voting "Aye" Councilmembers Hill, Ordeneaux, and Carbone.
'Voting "No" Councilmembers Reed and Moore.
Motion Passed 3 to 2.
First Reading of Ordinance No. 2000M -146 -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, forthe purpose of changing the classification of certain property being 213
acres more or less out of Kanawha -Texas Company subdivision, parts of Sections 18 and
22, George C. Smith survey, Abstract 547 and Abstract 548 Brazoria County, Texas and,
230 acres more or less out of lots 1, 2, 11, 21, 31, 41 and 51, Section 24, George C. Smith
survey Abstract 549 and lots 1, 11, 21, 31, 41 and 51, Section 25 H.T. & B. R.R. Company
survey, Abstract 245 and lots 1, 11 and 21, Section 26 George C. Smith survey, Abstract
550, Brazoria County, Texas. SAVE AND EXCEPT 35.450 acres of land, to wit: Four lots,
consisting of approximately 27.581 acres in Annexation Area 2, identified as AO 549 H T
& B R R, Tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres 4.946; G.C. Smith LT 1 549 H
T & B, Acres 5.000; and G.C. Smith LT 2 549 H T & B, Acres 10.000; and, five lots,
consisting of approximately 7.869 acres in Annexation Area 2, identified as A0549 H T & B
R R Tract 21 B called Tract 1, Acres 2.200; LT 2181 (called Tract 4) 550 H T & B, Acres
2.5; A0550 H T & B R R, Tract 21D, Acres 2.5; A0550 H T & B R R Tract 21, Acres 0.789;
A0550 H T & B R R Tract 21 E, Acres 2.25. (generally located north of Bailey Road, south
of Arnold Drive, east of Kennedy Drive, and west of Manvel Road and on the south
'side of Bailey Road; east of Manvel Road (FM 1128) and west of Veterans Drive.),
Zone Change Application No. 2016-04Z, a request of the City of Peariand, for approval of
a change in zoning designation from Suburban Development District (SD) to Suburban
Residential -15 (SR -15) on 407.55 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 Hill made the motion, seconded by Councilmember Ordeneaux, to approve
Ordinance No. 2000M-146 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change No. 2016-04Z.
Director of Community Development Lata Krishnarao reported the purpose of this request
is to rezone approximately 407.55 acres of land that was annexed into Peariand on
December 3, 2016 from Suburban Development (SD) district to Suburban Residential -15
(SR -15) district. This zone change affects 407.55 acres of land generally located along
Bailey Road.
Beverly Childs, 2323 S. Lago Vista, addressed Council stating she is the owner of A Place
to Grow Daycare Center located at 5134 Bailey Road. She stated her concerns of needing
' to be zoned as General Business (GB).
Jeff Girouard, 5210 Bailey Road, addressed Council stating his business is located at 5210
Bailey Road. He stated his wishes to have this area zoned at General Business (GB).
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Councilmember Hill made a motion to amend, seconded by Councilmember Ordeneaux, to
remove parcel 13. '
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
First Reading of Ordinance No. 2000M-145 - 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, forthe purpose of changing the classification of certain property being four
tracts of land, approximately 27.581 acres in Annexation Area 2, identified as AO 549 H T
& BRR tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres 4.946; G.C. Smith LT 1 549 H T
& B, Acres 5.000; and G.C. Smith LT2 549 H T & B, Acres 10.000 and, five tracts of land,
approximately 7.869 acres in Annexation Area 2, identified as A0549 H T & B R R Tract 21 '
B called Tract 1, Acres 2.200; LT 2181 (called Tract 4) 550 H T & B, Acres 2.5; A0550 H T
& B R R, Tract 21 D, Acres 2.5; A0550 H T & B R R Tract 21, Acres 0.789; A0550 H T & B
R R Tract 21 E, Acres 2.25. (generally located near the Southeast comer of FM
1128/Manvel Road and Bailey Road, Pearland, TX and Southwest corner of Bailey
Road and Veterans Road.), Zone Change Application No. 2016-03Z, a city initiated
request for approval of a zone change in the recently annexed Area 2 (south of Bailey Road
between FM 1128/ and Veterans Road) from Suburban Development (SD) zoning district
to General Business (GB) zoning district; on approximately 35.450 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 Reed, to approve
Ordinance No. 2000M-145 on its First Reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of the Zone Change No. 2016-03Z.
Director of Community Development Lata Krishnarao reported the purpose of this request
is to rezone approximately 35.450 acres of land that was annexed into Pearland on
December 3, 2015 from Suburban Development (SD) district to the General Business (GB)
district. This zone change affects two sections of land located within annexation area. At the I time of annexation the annexed areas were zoned SD, a default district for newly annexed
land until zoned for a particular use.
Page 10 of 14 - 4/25/2016
Discussion ensued between Councilmember Ordeneaux and Director of Community
Development Lata Krishnarao regarding the comer of 1128 and Bailey Road.
'Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0
Council Action — Resolution No. R2016-55 — A Resolution of the City Council of the City
of Pearland, Texas, renewing a unit cost contract for street and sidewalk maintenance with
Brooks Concrete, Inc., in the estimated amount of $250,000.00.
Councilmember Reed made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-55.
City Manager Clay Pearson reported the purpose of this agenda request is to renew unit
cost contract with Brooks Concrete Inc. to perform concrete sidewalk and concrete street
rehabilitation services.
Christopher Brooks, 415 Estella, addressed Council stating he is representing Brooks
Concrete Inc. The company has been doing work for the City for the last ten to fifteen years.
He stated his concerns regarding the City utilizing a second contractor.
' Discussion ensued between Mayor Pro -Tem Carbone and Director of Public Works Eric
Wilson regarding any performance issues with Brooks Concrete Inc.
Mayor Pro -Tem Carbone stated he would like to award the full budgeted amount of
$505,500. to Brooks Concrete Inc. If there are any issues that come up bring it back to
Council and it will be awarded to the second place bidder.
Assistant City Manager Trent Epperson stated the $505,500. is the remaining funds
available this budget cycle and half of next years estimated budget which will be 12 months.
Discussion ensued between Mayor Pro -Tem Carbone and Brooks Concrete Inc.
representative Christopher Brooks regarding Brooks Concrete can handle $505,500. worth
of sidewalk repair and replacement as quoted.
Mayor Pro -Tem Carbone made a motion, seconded by Councilmember Moore to amend
the motion that the full budget amount of $505,500. be awarded to Brooks Concrete Inc.
and not to exceed this amount for sidewalk repair and replacement.
City Attorney Darrin Coker stated the City cannot award a second contractor with any
amount since the total amount budgeted is awarded to Brooks Concrete Inc. The second
bidder can be awarded as a stand by.
' Precise Services, Inc. Representative Mario Lopez, 22337 Sandy Lane, stated the cost of
the materials is close to the same price across the board. He stated it is the amount of time
allowed for a project to get it done as quickly as possible.
Page 11 of 14-4/25/2016
Councilmember Reed stated he is for saving money, but he does not like to put all the eggs
in one basket. Even though there were no problems with Brooks Concrete, Inc. he would
like to set aside a certain amount for Precise Services, Inc. '
Councilmember Hill stated he remembers when Brooks Concrete, Inc. was first awarded
the bid and later it was brought back to Council that they are not able to keep up with the
work and that is why a second contractor was hired.
City Attorney Darrin Coker stated with the contracts there is a 30 day notice provision where
the City can terminate the contract. If Staff and/or Council is not satisfied with the
performance a 30 day notice can get the City out of the contract and go to the second low
bidder.
Discussion ensued between Council regarding the dollar amounts and utilizing one or two
contractors.
Councilmember Ordeneaux made the motion, seconded by Councilmember Reed, to
postpone the amended motion Resolution No. R2016-55 to a future Council meeting.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, and Hill.
Voting "No" Mayor Pro -Tem Carbone.
Motion Passed 4 to 1.
Council Action — Resolution No. R2016-67 —A Resolution of the City Council of the City '
of Peadand, Texas, awarding a renewing a unit cost contract for street and sidewalk
maintenance with Precise Services, Inc., in the estimated amount of $550,000.00.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-67.
Councilmember Ordeneaux made the motion, seconded by Councilmember Reed, to
postpone Resolution No. R2016-67 to a future Council meeting.
Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 5 to 0.
Council Action — Resolution No. R2016-70 - A Resolution by the City of Peadand, Texas
("City") denying the Distribution Cost Recovery Factor rate increase of CenterPoint Energy
Houston Electric, LLC made on or about April 4, 2016; 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 I 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.
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Councilmember Hill made the motion, seconded by Councilmember Moore, to approve
'Resolution No, R2016-70.
City Attorney Darrin Coker reported based on past City actions dealing with similar matters,
it is recommended that the City deny CenterPoint's application to increase its Distribution
Coast Recovery Factor (DCRF) rates. It is also recommended that the City, as part of the
Texas Coast Utilities Coalition (TCUC) retain the law fine 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 Commission of Texas, and represent the City in appeals,
if any, regarding CenterPoint's application. A resolution to deny CenterPoint's rate increase
will be placed on the April 25th agenda for Council consideration. The City must take action
no later than June 3, 2016, but it is recommended that the City take action as early as
possible to allow for full participation in proceedings before the Public Utility Commission of
Texas.
Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
Council Action Resolution No. R2016.69 - A Resolution by the City of Pearland, Texas,
' ("City") responding to the application of CenterPoint Energy Resources Corp., Texas Coast
Division, to increase rates under the Gas Reliability Infrastructure Program; suspending the
effective date of this rate application for forty-five days; authorizing the City to continue to
participate in a coalition of cities known as the "Texas Coast Utilities Coalition" of cities;
determining that the meeting at which the resolution was adopted complied with the Texas
Open Meetings Act; making such other findings and provisions related to the subject; and
declaring an effective date.
Councilmember Moore made the motion, sbconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2016-69.
City Attorney Damn Coker reported the City's ability to review and effectuate a change in
CenterPoint's requested increase is limited, the City can exercise due diligence with regard
to rate increases of utilities who operate within its boundaries, including increases requested
under the Gas Reliability Infrastructure Program (GRIP) statute to ensure compliance with
the requirements of that law. This includes whether CenterPoint's current rates produce a
rate of return in excess of its authorized rate of return. To exercise due diligence, it is
necessary to suspend CenterPoint's proposed effective date of May 30, 2016 for forty-five
days, so that the Texas Coast Utilities Coalition (TCUC) can evaluate whether the data and
calculations in CenterPoint's rate application are correctly done. In light of the Supreme
Court case referenced above, the increase is almost a forgone conclusion; however,
' adopting a resolution suspending CenterPoint's proposed effective date for 45 days would
delay the increase taking effect on customers in the City from May 30th until July 14th.
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Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore.
Voting "No" None. '
Motion Passed 5 to 0.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
Councilmember Moore stated he would like to workshop the LEED certification for the Delores
Fenwick Nature Center.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:42 p.m.
Minutes approved as submitted and/or corrected this the 131^ day of June, A.D., 2016.
—�Joy
Tom Reid
Mayor '
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