2016-10-24 CITY COUNCIL REGULAR MEETING MINUTESI
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 24, 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 6:52 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Attorney
City Secretary
Tom Reid
Gary Moore
Tony Carbone
Derrick Reed
Keith Ordeneaux
Greg Hill
Trent Perez
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; Michelle Graham Director of Human Resource; Lata Krishnarao Director of
Community Development; Chris Orlea Director of Parks and Recreation; Cynthia Pearson
Director of Finance; Vance Riley Fire Chief; Eric Wilson Director of Public Works; Sparkle
Anderson Communications Manager; Skipper Jones Assistant Director of Capital Projects;
Michael Leech Assistant Director of Public Works; Richard Mancilla Interim City Engineer;
John McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Bob
Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney.
The invocation was given by Mayor Pro -Tem Moore and the Pledge of Allegiance was led
by Chief of Police J.C. Doyle.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
CITIZEN COMMENTS:
Frank Goodoff, 11703 Summer Springs Drive, addressed Council thanking them for
working with the Texas Commission on Environmental Quality (TCEQ) regarding the issues
in the Shadow Creek Subdivision.
James Adams, 2845 Westchester Circle, addressed Council stating he would like to thank
and commend the Pearland Police Department on their responsiveness and their tenacity
to hunt down people that commit crimes. He stated in the two years he has lived at 2845
Westchester Circle there have been many that cut through that area at a high rate of speed
to avoid the intersection at FM 518 and Manvel Road. He has had to replace his mailbox
twice, a car has overturned in his neighbor's yard and recently on Labor Day weekend a
car that did not stop or make the curve and drove through his neighbor's house. He would
like to ask the Council to consider doing something to slow drivers.
Page 1 of 14 —10/24/2016
Jennifer Colvin, 2880 Westchester Circle, addressed Council stating she loves the area '
and she has three small children. She stated her concerns regarding safety and the high
rate of speed the drivers drive going through the neighborhood.
Ken McConnell, 523 Palm Drive, Liverpool, Texas, addressed Council stating he is the
previous owner of 2845 Westchester, he lived there for 30 years before moving. He stated
he has been before Council several times in the last 15 years regarding the speeders on
Westchester. He is asking Council to do something to slow the traffic before someone gets
killed.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action - Approval of Minutes:
1. Minutes of the August 29, 2016, Special Meeting held at 6:45 p.m.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1532 - An Ordinance of the City Council of the City of
Pearland, Texas, abandoning a certain sixty foot (60') road right-of-way
(White Road) recorded in the plat records of Harris County, Texas, within the '
corporate city limits of Pearland, Harris County, Texas; having a savings
clause and a severability clause; and providing for an effective date.
C. Consideration and Possible Action - Second and Reading of Ordinance
No. CUP 16-00005 - An Ordinance of the City Council of the City of
Pearland, Texas, approving a Conditional Use Permit (CUP) for exemption
to the fagade requirements for an existing structure and to allow a Light
Manufacturing Process in the Garden/O'Day-Mixed Use (G/O-MU)
zoning district, Being a tract of land containing 0.5682 acres (24,750 square
feet), situated in the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County,
Texas, being part of Lot 6 and 7 in Block 6, of Hickory Creek Place a
subdivision recorded in Volume 11, Page 1 of the Plat Records of Brazoria
County, Texas, being all of a Tract conveyed unto Martin Paper Co. by deed
recorded under County Clerk's File No. 1995014570 of the Official Records of
Brazoria County, Texas. (Located at 2125 Garden, Pearland, TX.)
Conditional Use Permit Application No CUP 16- 00005, within the
Garden/O'Day-Mixed Use (G/O-MU) zoning district, at the request of Kevin
Due Nguyen, applicant, on behalf of Bao Le, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
Page 2 of 14 - 10/24/2016
D.
Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP 16-00006 — An Ordinance of the City Council of the
'
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to
allow for sales, service and rental of forklifts and other material
handling equipment (Heavy Machinery Sales, Storage Rental & Repair)
in the General Commercial (GC) zoning district, all that certain tract of
parcel of land out of the A. C. H. & B. RR Co. Survey, Section 1, A-147, in
Brazoria County, Texas, being a portion of Tract 124A of the Subdivision of
Section One (1), A.C. H. & B. RR Co. survey, according to the Plat of same
recorded in Volume 2, Page 1, of the Plat Records of Brazoria County,
Texas. (Located at 3401 S. Main Street. Pearland, TX.) Conditional Use
Permit Application No CUP 16-00006, within the General Commercial (GC)
zoning district, at the request of Russ Wilkins (R4 Resources), applicant, on
behalf of Baker Hughes Oilfield Operations, Inc., owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
E.
Consideration and Possible Action — Resolution No. R2016-193 — A
Resolution of the City Council of the City Of Pearland, Texas, authorizing
participation in the Texas CLASS Investment Pool.
F.
Consideration and Possible Action — Resolution No. R2016-187 — A
Resolution of the City Council of the City of Pearland, Texas, renewing a bid
'
for HVAC/Refrigerator Systems preventative maintenance services
associated with City Facilities with The Lee Thompson Company, in the
estimated amount of $100,980.00, beginning November 1, 2016 through
October 31, 2017.
G.
Consideration and Possible Action — Resolution No. R2016-198 — 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 Liberty and Suburban Garden Road ground storage water
tanks to Pardalis Industrial Enterprises, Inc., in the amount of $184,125.00.
H.
Consideration and Possible Action — Resolution No. R2016-189 —
A Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply bid for waste water polymer services with Fort Bend Services, in
the estimated amount of $120,000.00, beginning November 15, 2016
through November 14, 2017.
I.
Consideration and Possible Action — Resolution No. R2016-191 — A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
Construction Inspection contract with Jacobs Project Management Co., in
the amount of $84,914.84, for the Industrial Drive at SH 35 Realignment &
'
Intersection Improvements Project.
Page 3 of 14 — 10/24/2016
Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to '
adopt Consent Agenda Items A through I as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
NEW BUSINESS:
First Reading of Ordinance No. 1533 — An Ordinance of the City Council of the City of
Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent
improvement refunding bonds in one or more series; setting certain parameters for the
bonds; authorizing 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.
Councilmember Reed made the motion, seconded by Councilmember Carbone, to
approve Ordinance No. 1533 on its First Reading.
Deputy City Manager Jon Branson reported there is currently an opportunity for the City to ,
refund a portion of its outstanding General Obligation Bonds due to the historical low
interest rate environment. The City can "current refund" a portion of its Series 2007 and
Series 2008 Permanent Improvement and Refunding (PIR) and Certificates of Obligation
(CO) Bonds at a lower interest rate and achieve interest cost savings.
BOSC, Inc. Financial Advisor John Robuck gave an overview of Schedule of Events and
Plan of Finance for $41,235,000 Permanent Improvement Refunding Bonds.
Discussion ensued between Councilmember Carbone and BOSC, Inc. Financial Advisor
John Robuck regarding the Refunding Bonds and expenses.
Discussion ensued between Councilmember Perez and BOSC, Inc. Financial Advisor
John Robuck and Finance Director Cynthia Pearson regarding the percentage of the total
debt savings and if the refinancing packaging can be consolidated to become more
efficient.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Page 4 of 14 — 10/24/2016
' Mayor Reid stated the next three items, Ordinance No. 2000M-151, Ordinance No.
2000M-152 and Ordinance No. 2000M-153 will be presented at the same time.
Second and Final Reading of Ordinance No. 2000M - 151 – 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 39.50 tract of land being out of the D.H.M. Hunter Survey, Abstract 76,
being a portion of the same 181.6209 acre survey as described in a deed dated June 4,
1981, from the C. H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander
Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed
Records (B.C.D.R.); and Being a 83.83 acre tract of land being out of the D.H.M. Hunter
Survey, Abstract 76 and the H.T. & B.R.R. Company Survey. Abstract 233. Being a portion
of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the
C.H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93
et seq of the Brazoria County Deed Records (B.C.D.R.). (Located at East and West
sides of Pearland Parkway, North of Barry Rose Road – Stonebridge Planned
Development.) Zone Change Application No. ZONE 16-00006, at the request of the City;
for approval of an amendment to the Stonebridge Planned Development to require
approval of a Conditional Use Permit for auto related uses and Pawn Shops, Payday
Loans, and Gold Exchanges on properties designated General Business (GB); on
approximately 123.33 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.
Second and Final Reading of Ordinance No. 2000M - 152 – 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, all that certain 527.062 acres out of the D.H.M. Hunter Survey, Abstract No. 76,
Brazoria County and Abstract No. 36, Harris County and the H.T. & B.R.R. Survey,
Abstract No. 233 and including all or a portion of Lots 6,7, and 15-18 out of Walcott's
Pearland Subdivision according to the plat thereof filed in Volume 35, Page 241-242
Brazoria County Deed Records and a portion of Lots 96-102 out of the Zychlinski
Subdivision according to the plat there of filed in Volume 29 Page 43 Brazoria County
Deed Records and being those same tracts described in a deed dated 12-18-1996 from
Thomas P. Alexander and Bettye M. Alexander to T. & B. Alexander Family Limited
Partnership as filed in Official Records of Real Property of Brazoria County at Clerks File
Number 96-044931 and in a deed dated 01-23-1992 from First Interstate Bank of Texas,
N. A., to Nai Li Wang and Ban Wang as filed in Volume (92)997, Page 03 Brazoria
County Official Records and in a deed dated 06-04-1981 from John Alexander, trustee to
Patricia Alexander Wood as filed in Volume 1596, Page 110 Brazoria County Deed
Records and being a residue of that certain tract described in a deed dated 09-6-1984
from Mary Alexander, et con, to Bartlett Properties, Inc. as filed in Official Records of Real
' Property of Harris County at Clerk's File Number J-724634 Film Code Number 096-85-
0644; and All that certain 15.755 acres out of Lots 30, 31, 32, 39 and 40, Walcott's
Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242,
Brazoria County Deed Records, D.H.M. Hunter Survey, Abstract Number 76, Pearland,
Brazoria County, Texas; and All that certain 6.000 acres out of Lots 42 and 43, Walcott's
Page 5 of 14 –10/24/2016
Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242, '
Brazoria County Deed Records, D.H.M. Hunter Survey, Abstract Number 76, Pearland,
Brazoria County, Texas. (Located at East and West sides of Pearland Parkway, South
of McHard Road, Highland Glen Planned Unit Development.) Zone Change Application
No. ZONE 16-00007, at the request of the City; for approval of an amendment to the
Highland Glen Planned Development to allow auto related uses and Pawn Shops,
Payday Loans, and Gold Exchanges by approval of a Conditional Use Permit on
properties where the base zoning district is General Business (GB); on approximately
548.817 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.
Second and Final Reading of Ordinance No. 2000M -153 — 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, a 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W.
Narregang Subdivision, Volume 1, Page 92 & also parts of Lots 1 & 2, George W. Jenkins
Subdivision, Volume 79, Page 616, Brazoria County Map Records (Oakbrook Estates)
(East side of Pearland Parkway, North of Dixie Farm Road — Oakbrook Estates
Planned Development) Zone Change Application No. ZONE 16-00008, at the request of
the City; for approval of an amendment to the Oakbrook Estates Planned Unit
Development to allow auto related uses and Pawn Shops, Payday Loans, and Gold
Exchanges by approval of a Conditional Use Permit on properties where the base
zoning district is General Business (GB) and General Commercial (GC): on
approximately 120.417 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.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Reed, to approve
Ordinance No. 2000M-151, Ordinance No. 2000M-152 and Ordinance No. 2000M-153 on
their 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 16-00006, Zone Change 16-00007
and Zone Change 16-00008.
Deputy City Manager Jon Branson reported all three of these are existing planned
developments. Council is being asked to approve the Zone Change 16-00006 Stonebridge
Planned Development, Zone Change 16-00007 Highland Glen Planned Development and
Zone Change 16-00008 Oakbrook Estates Planned Development.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Hill, and Perez.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
Page 6 of 14 — 10/24/2016
i
' Second and Final Reading of Ordinance No. 2000T-22 - An Ordinance of the City
Council of the City of Pearland, Texas, amending selected provisions of the Unified
Development Code of the City to add Manvel Road (FM 1128) to the Corridor Overlay
District; having a savings clause, a severability clause, and a repealer clause; providing for
codification, publication and an effective date.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Ordinance No. 2000T-22 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 amended selected provisions of the Unified
Development Code.
Deputy City Manager Jon Branson reported as a response to the changing needs of the
community and concerns that were brought to staffs attention, regular updates are
proposed to the Unified Development Code (UDC). Council is being asked for approval of
the proposed updates to the UDC.
Discussion ensued between Councilmember Carbone and Deputy City Manager Jon
Branson regarding other than the notice in the newspaper the property owners were not
directly contacted.
' Discussion ensued between Mayor Pro -Tem Moore and Director of Community
Development Lata Krishnarao regarding the normal procedure was followed which was
only putting the notice in the newspaper.
City Attorney Darrin Coker stated all the Corridor Overlay's that are established thru the
Unified Development Code are considered Text Amendments. In Chapter 211 of the Local
Government Code requires sufficient notice in the local newspaper before the Joint Public
Hearing.
Councilmember Ordeneaux stated he does not have a problem putting FM 1128 into the
Corridor Overlay District, he does have issues with some of the requirements regarding
the Corridor Overlay District.
Councilmember Perez stated the City does everything they can to notify individuals when
the City does something that will affect their property. Council is responsible for the tax
payer's money and it can get very expensive notifying each individual every time there is
an amendment to the Unified Development Code.
Voting "Aye" Councilmembers Reed, Moore, Hill, and Perez.
' Voting "No" Councilmembers Carbone and Ordeneaux.
Motion Passed 4 to 2.
Page 7 of 14 - 10/24/2016
Second and Final Reading of Ordinance No. 2000T-23 — An ordinance of the City '
Council of the City of Pearland, Texas, amending selected provisions of the Unified
Development Code of the City regarding liquor/package stores; cigars, tobacco or e -
cigarettes shops and vaping lounges; having a savings clause, a severability clause, and a
repealer clause; providing for codification, publication and an effective date.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve
Ordinance No. 2000T-23 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 amended selected provisions of the Unified
Development Code.
Deputy City Manager Jon Branson reported Council is being asked for approval of the
selected provisions to the Unified Development Code. This second reading does not
include amendments related to lighting.
Councilmember Ordeneaux stated he agrees with the liquor/package stores, cigars,
tobacco or e -cigarette stores. The vaping lounges he does not totally understand, but he is
glad the lighting standards was removed.
Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone. '
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
Council Action — Resolution No. R2016-192 — A Resolution of the City Council of the
City of Pearland, Texas, amending the City's Engineering Design Criteria Manual.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-192.
Deputy City Manager Jon Branson reported the Engineering Design Criteria Manual
(EDCM) is intended to provide criteria to the development and engineering community for
the design of public infrastructure that would be maintained by the City. The EDCM was
last updated in July 2007 but was never formally adopted. The City has contracted Freese
Nichols to update the EDCM. Council is being asked for approval of amending the City's
EDCM.
Discussion ensued between Mayor Reid and Assistant City Manager Trent Epperson
regarding there were no major issues with the Engineering Design Criteria Manual.
Councilmember Perez thanked staff and the consultant for amending the Engineering t
Design Criteria Manual. He further stated his concerns regarding the chapter that deals
with drainage. He would like to suggest as Council adopts this Resolution if the City give a
six month period to allow those outside the community to offer their input of things they
Page 8 of 14 —10/24/2016
' see in the criteria that may need to be revisited.
Assistant City Manager Trent Epperson stated the City works with some of the larger
development engineering firms and the City can receive any input they may have
regarding the amended Engineering Design Criteria Manual the first six months after
implemented.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Councilmember Perez stated he will be abstaining from the vote on the next item because
of work relations with the Construction Company in question. Councilmember Perez was
absent from the Chamber at 7:40 p.m.
Council Action — Resolution No. R2016-190 — A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for the construction of the Fite Road Extension
Project (between McLean Road and Veterans Drive) to Pulice Construction, Inc., in the
amount of $3,045,261.60.
Councilmember Carbone made the
motion,
seconded by
Mayor
Pro -Tem Moore, to
'
approve Resolution No. R2016-190.
Deputy City Manager Jon Branson reported Council is being asked for approval to award
a bid for the construction of the Fite Road Extension Project to Pulice Construction, Inc., in
the amount of $3,045,261.60. This project leverages 20% local dollars with 80% state
funds.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding the reason why this bid is substantially under budget is because when
the City utilizes a Transportation Improvement Program (TIP) funded project the
construction cost estimates are from TxDOT's rolling average prices.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding the City's 20% local dollars is from General Obligation Bonds.
Discussion ensued between Councilmember Hill and Assistant City Manager Trent
Epperson regarding funds in the Capital Improvement Plan (CIP) for other projects.
Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Reed, and Carbone.
I
Voting "No" None.
Motion Passed 5 to 0, with Councilmember Perez absent from the Chamber.
Page 9 of 14 — 10/24/2016
Councilmember Perez returned to the Council Chamber at 7:49 p.m. '
Council Action — Resolution No. R2016-196 — A Resolution of the City Council of the
City of Pearland, Texas, awarding a bid for the construction of the City Hall Complex
Renovation Project to Construction Masters of Houston, Inc., in the amount of
$6,124,000.00; appropriating $214,000.00 from Fund 500 fund balance.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-196.
Deputy City Manager Jon Branson reported the City Hall Complex Renovation Project has
been a part of the Capital Improvement Program since 2009 with the intent to update and
improve functionality of the City Hall and Community Center (Annex) buildings collectively
referred to as the City Hall Complex.
Assistant City Manager Trent Epperson gave a power point and overview of the City Hall
Complex Renovation Project.
Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding the additional costs (furniture, out -fitting conference rooms with IT
equipment, etc.) is beyond what will be paid to the contractor.
Discussion ensued between Councilmember Ordeneaux and Assistant City Manager '
Trent Epperson regarding replacing the elevators to be able to put on the key card access
system for security reasons.
Councilmember Ordeneaux stated he definitely would like to see security as number one,
mechanical/infrastructure as second and the last thing he wants to see done is touching
the Chambers. He would like to make sure staff has the needed office space before doing
anything to the Council Chambers.
Councilmember Perez stated he has worked in the City Buildings and it is very
uncomfortable. If we are going to do the renovations they should all be done and done
now. He is leaning towards Option 4. He further stated he is all for security, but he not
sure about removing the stairs on the first floor to prevent citizens from going upstairs. The
citizens paid for the building, they should be able to have access to where they want to go.
Discussion ensued between Councilmember Hill, Deputy City Manager Jon Branson and
Assistant City Manager Trent Epperson regarding Option 3 and Option 4.
Councilmember Hill stated he agrees with Councilmember Perez regarding having to wait
on an employee to usher a citizen to the second or third floor seems impersonal.
Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding the reasoning for the increase from the original budget presented I several months ago to now is because of an increase for the HVAC system and the
renovation work is hard to estimate because of a lot of factors are involved with renovation
work.
Page 10 of 14 —10/24/2016
' Discussion ensued between Mayor Pro -Tem Moore and Assistant City Manager Trent
Epperson regarding purchasing furniture and the citizens not having access to the second
and third floors.
Reed stated the current security measures in City Hall are sufficient enough. He further
stated he is for Option 3 minis the elevators and the additional security.
Councilmember Carbone stated the City is spending money that is not voter approved
debt. He further stated tonight Council is being asked to approve another million dollars
that is not voter approved debt. He stated he struggles with that.
Councilmember Reed made the motion, seconded by Councilmember Carbone to table
R2016-196.
City Attorney Darrin Coker stated to clarify by Roberts Rule of Order when there is a
motion and second to table, it is not a debatable issue, you have to take a vote.
Voting "Aye" Councilmembers Carbone, Reed, Moore, and Hill.
Voting "No" Councilmembers Ordeneaux and Perez.
Motion Passed 4 to 2.
' City Attorney Darrin Coker stated to clarify when there is a motion to table technically it is
a motion to postpone which will be postponed to a future meeting which was not included
in the motion. He will leave that up to the discretion of staff by guidance from Council.
Council Action — Resolution No. R2016-194 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple
title to certain property for the Hughes Ranch Road Improvement Project; being a 0.091
of one acre (3,983 square feet) parcel of land located in the H.T.& B. R.R. Co. Survey,
Abstract No. 506, Brazoria County, Texas and being situated in Lot 7, Block 20 of the
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per
plat or map recorded in Volume 2, Pages 23 - 24, Brazoria County Map Records
(B.C.M.R.), said of one acre parcel being out of and apart of a 4.860 acre residue of a
tract described as 4.999 acres in a conveyance to CUBE HHF LIMITED PARTNERSHIP
recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2013059206, for the
construction and maintenance of water, sewer, drainage and road improvements
(Hughes Ranch Road Project; CR 94 to FM 865) on certain real property described
herein; authorizing the city attorney, or his designee, and other city officials to take such
actions as are necessary to acquire said property, located within the city, by donation,
purchase, or by the exercise of the power of eminent domain.
Page 11 of 14 — 10/24/2016
Mayor Pro -Tem Moore
made the motion, seconded
by Councilmember
Carbone, to
I
approve Resolution No.
R2016-194.
Page 11 of 14 — 10/24/2016
City Attorney Darrin Coker reported this resolution will allow the City to file a t
condemnation petition associated with the above referenced project. Prior to the filing of a
condemnation action, the City Council must approve a resolution, declaring a public
necessity, which will be filed as an attachment to the City's Petition. Negotiations have
stalled and both parties have agreed to proceed through the eminent domain process.
Discussion ensued between Councilmember Carbon and City Attorney Darrin Coker
regarding the property owner will have to do some on site improvements and
modifications.
Discussion ensued between Councilmember Perez and City Attorney Darrin Coker
regarding this issue is more of lost income than relocation.
Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2016-195 - A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to renew a
Software Maintenance Contract with Sungard HTE/OSSI/TraKiT in the estimated amount
of $303,656.92 for the period of October 1, 2016 through September 30, 2017. '
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to
approve Resolution No. R2016-195.
Deputy City Manager Jon Branson reported Council is being asked to award the
purchase of Software Maintenance Contract with SunGard H.T.E./OSSI/TrakiT, in the
amount of $303,656.92.
Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
Council Possible Action - Resolution R2016-200 - A Resolution of the City Council of
the City of Pearland, Texas, awarding a bid for the purchase of forty-seven (47) fleet
vehicles from Silsbee Ford in the amount of $1,740,616.46 through the TASB Buyboard.
Councilmember Hill made the motion, seconded by Councilmember Carbone, to approve
Resolution No. R2016-200.
Page 12 of 14 - 10/24/2016
' Deputy City Manager Jon Branson reported Council is being asked to award a bid for the
purchase of forty-seven (47) fleet vehicles from Silsbee Ford in the amount of
$1,740,616.46 through the Texas Association of School Board (TASB) Buyboard.
Discussion ensued between Councilmember Carbone and Purchasing Officer Bob
Pearce regarding the first responder's vehicles will be fully equipped and ready in three
weeks' time.
Deputy City Manager Jon Branson stated he complements Purchasing Officer Bob
Pearce and his staff for gathering the plans and specifications on each vehicle and
having it ready to be presented tonight before Council. He stated the issues the City may
have are not staff related issues, but supplier related issues
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Councilmember Carbone stated not necessarily for an agenda, but he would like to see an
' update in Thursday's packet regarding the issue on Westchester Circle.
Councilmember Ordeneaux stated there was a similar situation on Ryan Acres and
Magnolia where the City did not put in an emergency gate, he does not know if that is an
option or not on Westchester Circle.
Councilmember Perez stated he believes what the City is lacking is a standard when speed
bumps are appropriate and when they are not appropriate. He further stated maybe the
City can come up with a standard of options regarding speed bumps.
Assistant City Manager Trent Epperson stated the City has an adopted traffic policy for a
guide line regarding speed bumps.
OTHER BUSINESS:
l
Council adjourned into Executive Sesunder Texas Government Code at 8:58 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENTCODE
' 1. Section 551.087 - Consultation with City Attorney — Regarding
Economic Development Negotiations.
Page 13 of 14 —10/24/2016
2. Section 551.072 - Real Property - Regarding the sale, lease,
purchase, or exchange of real property.
3. Section 551.071 - Consultation with City Attorney - Regarding
Chapter 212 of the Local Government Code.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 10:31 p.m.
Council Action - Regarding the sale, lease, purchase, or exchange of real property.
Councilmember Reed made a motion, seconded by Councilmember Carbone, authorizing
staff to proceed with the acquisition of property as discussed in Executive Session.
Voting "Yes" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
ADJOURNMENT
Meeting was adjourned at 10:32 p.m. '
Minutes approved as submitted and/or corrected this the 23rd day of January, A.D., 2017.
Etv
Tom Reid
Mayor
ATTEST: .c..s.pr,I,,,
g Lod) oe�y
Secre4 ry
u
Page 14 of 14 - 10/24/2016