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2016-06-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 13, 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 Councilmember Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Clay Pearson City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Tony Carbone. Others in attendance: Daniel Baum Deputy Fire Chief; Jon Branson Deputy City Manager; Matt Buchanan President of Economic Development Corporation; Kevin Byal Building Official; J.C. Doyle Police Chief; Trent Epperson Assistant City Manager; Chris Odea 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; Eric Wilson Public Works Director; Sparkle Anderson Director of Communications; Joel Hardy Grants Coordinator; Jennifer Huhn Court Administrator; Skipper Jones Assistant Director of Capital Projects; Richard Mancilla Assistant City Engineer; Daniel McGhinnis Chief Information Officer; Rick Overgaard Assistant Finance Director; Lawrence Provins Deputy City Attorney. The invocation was given by Police Chaplain Keith Anderson and the Pledge of Allegiance was led by Chief of Police J.0 Doyle. ROLL CALL: Mayor Reid, Councilmembers Moore, Reed, Ordeneaux, and Hill. Police Chief J.C. Doyle staled on Sunday morning, June 12, 2016 tragedy struck the Police Department in the form of a senseless accident that took the life of Officer Endy Ekpanya. Officer Endy had been with the department a short time, but he had become a member of this family and community. The out pouring of support from the citizens, Council, Law Enforcement Agencies and everyone has been overwhelming. Next week the Peadand Police Department and Community will be honoring Endy's life at the funeral services. Assistant Police Chief Johnny Spires thanked all the Law Enforcement Agencies from all over the state and country for their outstanding support and assistance during this sad time. Mayor Reid stated he is delighted the City has a former Police Officer, Keith Anderson that is a Minister and Chaplain to council during a sad time like this. The City's Police department is made up of good quality men and women that serve as Police Officers watching over Pearland. Page 1 of 9 — 6/13/2016 Mayor Reid recognized the Councilmembers wearing black bands in recognition of a fallen ' Police Officer. Mayor Reid recognized a group of Girl Scouts and Boy Scouts attending the Regular Council meeting. Mayor Reid recognized Trent Perez running for Councilmember, Position No. 6. CITIZEN COMMENTS: Larry Marcott, 3606 Inverness Court, addressed Council giving his condolences to the Ekpanya family and the Police department for the loss of Officer Endy. He stated his concerns regarding drainage issues with the new subdivision going in near the Peariand Post Office. The new subdivisions being built are high and dry and the businesses or homes that have been there for a long time are getting flooded and cannot do anything about it. PUBLIC HEARING: None. CONSENT AGENDA A. Consideration and Possible Action — Approval of Minutes: 1. Minutes of the April 25, 2016, Regular Meeting held at 6:30 p.m. , 2. Minutes of the May 9, 2016, Regular Meeting held at 6:30 p.m. 3. Minutes of the May 16, 2016, Special Meeting held at 6:00 p.m. 4. Minutes of the May 23, 2016, Regular Meeting held at 6:30 p.m. B. Consideration and Possible Action — Resolution No. R2016-95 — 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 Costello Engineering & Surveying, in an amount not to exceed $143,580.00, for professional services associated with the design of Green Tee 1 to Riverstone Ranch Wastewater Diversion (Longwood Service Area Phase 1). C. Consideration and Possible Action — Resolution No. R2016-100 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Master Service Agreement with Cobb Fendley & Associated for project and construction management services associated with various capital projects; and approving Task Order No. 1, in the estimated amount of $114,000.80, for the design and bid phases of the Linwood Drainage Project, the East Orange Street Reconstruction Project, the Old Alvin Widening Project and the Town Ditch Trail Project. D. Consideration and Possible Action — Resolution No. R2016-98 — A Resolution of the City Council of the City of Pearland, Texas, renewing a Page 2 of 9 — 6/13/2016 unit supply bid for the purchase of Police Department Uniforms with Cop Stop, in the estimated amount of $120,000, for the period of June 23, 2016 ' through June 22, 2017. E. Consideration and Possible Action - Resolution No. R2016-106 - A Resolution of the City Council of the City of Pearland, Texas, renewing a bid for the operation and management of the Independence Park Pool with Greater Houston Pool Management, Inc., in the estimated amount of $62,108 for the period of May 25, 2016 through August 23, 2016. F. Consideration and Possible Action - Resolution No. R2016-91 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending March 2016. G. Consideration and Possible Action - Resolution No. R2016-104 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the painting of containment walls at various City water treatment facilities to Pardalis Industries Enterprises, Inc., in the amount of $185,000.00. H. Consideration and Possible Action - Resolution No. R2016.103 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for Manhole Rehabilitation in the Longwood and Reflection Bay Sanitary Sewer Service Areas to National Works, Inc., in the estimated ' amount of $143,770.00. I. Consideration and Possible Action - Resolution No. R2016-105 - A Resolution of the City Council of the City of Pearland, Texas, amending a fixed unit rate contractfor building plan review and inspection services with MiKayla Architects, in the estimated amount of an additional $40,000. Councilmember Moore made the motion, seconded by Councilmember Reed, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, and Reed. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Carbone absent. NEW BUSINESS: Second and Final Reading of Ordinance No. 1524 - An Ordinance of the City Council of the City of Pearland, Texas, adopting a Park Dedication Formula and a Fee in Lieu of Dedication Calculation Formula; amending the Park Benefit Zone Map; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective ' date. Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Ordinance No. 1524 on its Second and Final Reading. Page 3 of 9 - 6/13/2016 City Manager Clay Pearson reported that Council is being asked to approve the updated Parkland Dedication Ordinance. ' Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Carbone absent. First Reading of Ordinance No. 2000M-147 - 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 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoda County Instrument No. 2012055307, Brazoria County, Texas. (7006 Bailey Road, Pearland, TX.) Zone Change Application No. ZONE 16-00001, A request of Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 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-147 on its First Reading. , Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of the Application No Zone 16-00001. City Manager Clay Pearson reported approval of this rezoning request would bring the commercial use of the property in conformance to the zoning, as commercial uses are not permitted in the SR -15 (Suburban Residential -15) zoning district. However, the zone change would make the existing single-family residence on site non -conforming. Voting "Aye" Councilmembers Hill, Ordeneaux, Reed, and Moore. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Carbone absent. First Reading of Ordinance No. CUP 16-00001 — An ordinance of the City Council of the City of Peadand, Texas, approving a Conditional Use Permit (CUP) to allow for a gas station, convenience store and self -serve car wash in the General Business (GB) zone, being a tract or parcel containing 2.653 acres (115,560 square feet) of land situated in the H.T.& B.R.R. Co. Survey, Section 21, Abstract Number 309, Cityof Pearland. Brazoria County, Texas: being out of the remainder of Lot 1 of Allison -Richey Gulf Coast Co's Part of Suburban Gardens, a subdivision plat of record in Volume (Vol.) 2, Pages (Pg's) 23 and t 24 of the Brazoria County Plat Records (B.C.P.R.); same being out of and a portion of the remainder a called 5.910 acre tract conveyed to Tildon Sun Development, LLC as described in deed recorded under Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2006018134; Page 4 of 9 — 6/13/2016 City of Peadand, Brazoria County, Texas. (Located at the Southeast corner of Broadway Street and Smith Road.) Conditional Use Permit Application No CUP 16-00001, within the ' General Business (GB) zoning district, at the request of BSD Bright Site Development LLC, Nathan Richardson, applicant; on behalf of Tildon Sun Development LLC, owner, 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 Moore, to approve Ordinance No. CUP16-00001 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of the Conditional Use Permit No. CUP 2016-00001. City Manager Clay Pearson reported as the Planning & Zoning Commission's recommendation was denied the Staff also makes a negative recommendation which would better suit the City. Voting "Aye" Councilmember Ordeneaux. Voting "No" Councilmembers Hill, Moore and Reed. Motion Failed 3 to 1, with Mayor Pro -Tem Carbone absent. Councilmember Hill left the Council Chambers at 6:55 p.m. First Reading of Ordinance No. CUP 16-00002 — An Ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a gas station and convenience store in the General Business (GB) zone, being a .875+ acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. (3200 Dixie Farm Road, Pearland, Texas.) Conditional Use Permit Application No CUP 16-00002, within the General Business (GB) zoning district, at the request of Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner, 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. CUP16-00002 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of the Conditional Use Permit No. CUP 2016-00002. City Manager Clay Pearson reported Council is being asked to approve the first reading of Ordinance No. CUP 16-00002. Voting "Aye" Councilmembers Moore, Reed, and Ordeneaux. ' Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. Page 5 of 9 — 6113/2016 Council Action - Resolution No. R2016.96 - 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 ARKK Engineers, in an amount not to exceed $1,387,975.00, for professional services associated with the design of East Orange Street Reconstruction, Linwood Street Drainage, and Old Alvin Road Widening Project; and authorizing the appropriation of $600,000.00 from the Fund 501 fund balance. Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Resolution No. R2016-96. City Manager Clay Pearson reported Council is being asked to approve a Professional Services Contract with ARKK Engineers in an amount not to exceed $1,387,975.00, for the Linwood, East Orange and Old Alvin project. Voting "Aye" Councilmembers Moore, Reed, and Ordeneaux. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. Council Action - Resolution No. R2016-94 - 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 BRW Architects, Inc., in an amount not to exceed $304,893.00, for professional services associated with the final design of Fire Station No.1; and authorizing the appropriation of $81,833 from the Fund 501 fund balance. ' Councilmember Ordeneaux made the motion, seconded by Councilmember Reed, to approve Resolution No. R2016-94. City Manager Clay Pearson reported Council is being asked to approve the appropriation of the necessary additional funds in the amount of $81,883 from the fund balance in Fund 501 and approve the request to enter into a professional services agreement with Brown Reynolds Watford (BRW Architects, Inc.) in the amount of $304,893.00 for professional services for the Fire Station No. 1 project. Voting "Aye" Councilmembers Ordeneaux, Reed, and Moore. Voting "No' None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. Council Action - Resolution No. R2016-93 - A Resolution of the City Council of the City of Pearland, renewing the employee health insurance benefits for stop loss and administration services with Cigna, renewing employee dental insurance with Aetna and renewing the employee vision plan benefits with Vision Benefits of American for fiscal year 2016-2017. t Councilmember Moore made the motion, seconded by Councilmember Reed, to approve Resolution No. R2016-93. Page 6 of 9 - 6/13/2016 ' IPS Advisors, LLP Representative Brent Weegar gave an overview of the Historical Claims Update, Health Plan Renewal, Budget Projection, Medical Renewal Rates and Plan Design Proposal. Director of Human Resource Michelle Graham reported Council is being asked to approve the renewing of the agreement with Cigna to continue to provide the health plan administration services, prescription benefits management services and stop loss coverage. Renewing the employee dental insurance with Aetna and renewing the employee vision plan benefits with Vision Benefits of America. The approval of a $25.00 surcharge for employees in FY2017 and approving the addition of a surcharge for spouses in FY2018. Councilmember Ordeneaux stated he was happy to see the numbers go down. Councilmember Reed thanked the Director of Human Resource Michelle Graham and the IPS representative for putting this together. He stated he appreciates the numbers going down, but he would rather see the City at 62% contribution in 2017. Discussion ensued between Councilmember Moore, Director of Human Resource Michelle Graham and IPS representative Brent Weegar regarding the cost if a spouse was added to the employee's health insurance and a monetary cap on the HSA plan. City Manager Clay Pearson asked Council how they would like to direct Staff regarding the numbers if the City contributed 62%. Councilmembers Ordeneaux and Moore stated they are pleased with the recommendation that is being presented. Voting 'Aye" Councilmembers Moore and Ordeneaux. Voting "No" Councilmember Reed. Motion Passed 2 to 1, with Mayor Pro -Tem Carbone and Councilmember Hill absent. Council Action — Resolution No. R2016-66 — A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for electric and Supervisory Control and Data Acquisition (SCADA) services with Boyer, Inc. in the estimated amount of $1,000,000 for the period of June 16, 2016 through June 15, 2017. Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Resolution No. R2016-86. City Manager Clay Pearson reported Council is being asked to approve renewing a unit supply bid for electric and Supervisory Control and Data Acquisition (SCADA) services with Boyer, Inc. in the estimated amount of $1,000,000 for the period of June 16, 2016 through ' June 15, 2017. Page 7 of 9 — 6/13/2016 Voting "Aye" Councilmembers Ordeneaux, Reed, and Moore. ' Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. Council Action — Resolution No. R2016-99 — A Resolution of the City Council of the City of Peadand, Texas, authorizing the transfer of certain real property to the University of Houston System for expansion of the University of Houston, Clear Lake — Peadand Campus. Councilmember Ordeneaux made the motion, seconded by Councilmember Moore, to approve Resolution No. R2016-99. City Manager Clay Pearson reported Council is being asked to approve the transfer of certain real property to the University of Houston System for expansion of the University of Houston, Clear take — Peadand Campus. Voting "Aye" Counciimembers Ordeneaux, Reed, and Moore. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None. ' OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 7:45 p.m.to discuss the following. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Section 551.074 - Personnel Matters — The appointment of Director of Finance position. NEW BUSINESS CONTINUED: Council returned from Executive Session at 8:00 p.m. Council Action — Regarding the appointment of a department Director of Finance position. Councilmember Ordeneaux made the motion, seconded by Councilmember Reed to approve Staffs recommendation of Cynthia Pearson to the Director of Finance position. ' Page 8 of 9 — 6/13/2016 ' Voting "Aye" Councilmembers Moore, Reed, and Ordeneaux. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Carbone and Councilmember Hill absent. 7 ADJOURNMENT Meeting was adjourned at 8:01 p.m. Minutes approved as submitted and/or corrected this the 27' day of June, A.D., 2016. Tom Reid Mayor ATTEST: �•aapF1,pj�lApo. Y g Lodi TRMC S31. t Secret' Page 9 of 9 — 6/13/2016 THIS PAGE LEFT BLANK INTENTIONALLY ' J