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2016-11-14 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 14, 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 6:36 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Gary Moore Councilmember Tony Carbone Councilmember Derrick Reed Councilmember Keith Ordeneaux Councilmember Greg Hill Councilmember Trent Perez City Manager Clay Pearson City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Assistant City Manager; Michelle Graham Director of Human Resource; Chris Orlea Director of Parks and Recreation; Cynthia Pearson Director of Finance; Eric Wilson Public Works Director; Sparkle Anderson Communications Director; Joel Hardy Grants Coordinator; 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; Lawrence Provins Deputy City Attorney. 2016-2017 Leadership Pearland Class in attendance: Andrew J. Fontenot, Kelsey -Seybold; Christian I. Bionat, Congressman Olson; Juaquinya S. Dent, City of Pearland; Gerrit R. vonWenckstern, Memorial Hermann; Kathy L. Dupree, University of Houston clear Lake- Pearland Campus; Kristyan R. DeHoyos, Amegy Bank; Many L. Benedix, Pearland Independent School District; Melissa L. Washington, Pearland Chamber of Commerce; Sasha Costa, The Media Heroes; Tonya B. Davis, Turner High School; Carol Artz-Bucek, President/CEO of the Pearland Chamber of Commerce. The invocation was given by Councilmember Hill 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: Gary Cook, President of Shadow Creek Ranch Development Company, addressed Council by giving an update on the Shadow Creek Ranch Development. ' Andrew Miller, 3416 Norma Lane, addressed Council stating he supports with Item 5, the City Hall Complex Renovation Project. This is a good time to renovate the City buildings. He further Page 1 of 13 — 11/14/2016 stated he supports with Item 6, Keep Pearland Beautiful participation in a Textile Recycling I Program. Anything the City and residents can do to keep items out of the landfills. PUBLIC HEARING: None. CONSENT AGENDA: A. Consideration and Possible Action - Second and Final 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. B. Consideration and Possible Action - Resolution No. R2016-206 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for fire apparatus & preventative maintenance and repairs to Metro Fire Apparatus Specialists, in the estimated amount of $60,000, beginning November 24, 2016 and ending November 24, 2017. C. Consideration and Possible Action - Resolution No. R2016-207 -A Resolution of the City Council of the City Of Pearland, Texas, renewing a unit supply bid for the ' apparatus & preventative maintenance and repairs to Siddons-Martin Emergency Group, in the estimated amount of $60,000, beginning November 24, 2016 and ending November 24, 2017. D. Consideration and Possible Action - Resolution No. R2016-213 -A Resolution of the City Council of the City of Pearland, Texas, renewing a bid for Community Development Block Grant, Single Family Owner -Occupied Home Repairs to Fort Bend Corps in the estimated amount of $122,000.00 for the period of October 1, 2016 through September 30, 2017. E. Consideration and Possible Action - Resolution No. R2016-203 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for preventative maintenance and repairs for standby generators to Power Pro -Tech Services, Inc., in the estimated amount of $82,235.00, for the period of December 15, 2016 through December 14, 2017. F. Consideration and Possible Action - Resolution No. R2016-210 - A Resolution of the City Council of the City of Pearland, Texas, awarding a sole source purchase of replacement ultra violet lights and a power control center upgrade for the John Hargrove Environmental Center, to Hartwell Environmental Corporation, in the amount of ' $132,183.00. Page 2 of 13— 11/14/2016 ' G. Consideration and Possible Action - Resolution No. R2016-204 - A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to the Orange Street Service Center. H. Consideration and Possible Action - Resolution No. R2016-201 - A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to the Reflection Bay Water Reclamation Facility Project. I. Consideration and Possible Action - Resolution No. R2016-205 - A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service in the vicinity of Bakers Landing, Section 1A. Councilmember Carbone asked that Consent Agenda Items A be removed from the Consent Agenda for further discussion. Councilmember Perez asked that Consent Agenda Items B and C be removed from the Consent Agenda for further discussion. Councilmember Reed asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to adopt Consent Agenda Items A through I with the exception of Items A, B, C and F as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 6 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Carbone Consent Agenda Item A was removed for further discussion. A. Consideration and Possible Action - Second and Final 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 forthe 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. Page 3 of 13- 11/14/2016 Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve ' Ordinance No. 1533 on its Second and Final Reading. City Manager Clay Pearson reported on October 10, 2016, the City's Financial Advisor, BOSC, Inc., reviewed and discussed with Council the City's overall Debt Service and financing alternatives, including planned issuances and refunding opportunities through the remainder of calendar year 2016 and through 2017. 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. Councilmember Carbone stated he pulled this item so Council could get an update from the Financial Advisor with BOSC, Inc. BOSC, Inc. Financial Advisor John Robuck gave an update on refunding a portion of the City's outstanding General Obligation Bonds. Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 6 to 0. As requested by Councilmember Perez Consent Agenda Item B was removed for further ' discussion. B. Consideration and Possible Action - Resolution No. R2016-206 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for fire apparatus & preventative maintenance and repairs to Metro Fire Apparatus Specialists, in the estimated amount of $60,000, beginning November 24, 2016 and ending November 24, 2017. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to approve Resolution No. R2016-206. City Manager Clay Pearson reported Items B and C are both renewals that will further the City's goal to provide the Fire Department with apparatus ready and to provide for public safety in the event of an emergency. Discussion ensued between Councilmember Perez and logistics Battalion Chief Kelly Sears regarding utilizing Metro Fire Apparatus Specialists and Siddons-Martin Emergency Group. Page 4 of 13 - 11/14/2016 ' Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 6 to 0. As requested by Councilmember Perez Consent Agenda Item C was removed for further discussion. C. Consideration and Possible Action - Resolution No. R2016-207 -A Resolution of the City Council of the City Of Pearland, Texas, renewing a unit supply bid for the apparatus & preventative maintenance and repairs to Siddons-Martin Emergency Group, in the estimated amount of $60,000, beginning November 24, 2016 and ending November 24, 2017. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to approve Resolution No. R2016-207. City Manager Clay Pearson reported B and C are both renewals that will further the City's goal to provide the Fire Department with apparatus ready and to provide for public safety in the event of an emergency. ' Councilmember Perez stated he received his answer when discussing Item B. Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 6 to 0. As requested by Councilmember Reed Consent Agenda Item F was removed for further discussion. F. Consideration and Possible Action - Resolution No. R2016-210 - A Resolution of the City Council of the City of Pearland, Texas, awarding a sole source purchase of replacement ultra violet lights and a power control center upgrade for the John Hargrove Environmental Center, to Hartwell Environmental Corporation, in the amount of $132,183.00. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to approve Resolution No. R2016-210. ' City Manager Clay Pearson reported the John Hargrove Environmental Center currently uses ultraviolet light for disinfection of bacteria. The ultraviolet light bulbs have a lifespan of approximately one year at which time they need to be replaced or they will fail. The City Page 5 of 13- 11/14/2016 purchases enough to replace each of the bulbs once per year. The ballasts for the current ' system are no longer available, so an upgrade is needed. Discussion ensued between Councilmember Reid and Public Works Director Eric Wilson regarding the system using the ultraviolet lights will remain operational until the expansion in 2 to 3 years. 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. CUP 16-00007 — An Ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a church in the Neighborhood Services (NS) zoning district, a certain 218.00 by 169.00 tract of land out of a tract "A" of the West Side Plaza adjoining McLean Road on the East and Walnut Street (F.M. 518) on the north, said tract containing 0.846 acre, more or less, (Located at 5004 Broadway Street, Pearland, TX.) Conditional Use Permit Application No CUP 16-00007, within the Neighborhood Services (NS) zoning district, at the request of Leslie K Padilla, for , Sovereign Grace Church of Pearland, applicant, on behalf of Pearland Westside II Associates, LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject 5004 Broadway. Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve Ordinance No. CUP 16-00007 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of CUP 16-00007. City Manager Clay Pearson reported Council is being asked for approval of a Conditional Use Permit (CUP) on approximately 0.846 acres of land, located at 5004 Broadway Street, to allow for a church in the Neighborhood Services (NS) zoning district. Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, Perez, and Carbone. Voting "No" None. Motion Passed 6 to 0. u Page 6 of 13 — 11/14/2016 ' First Reading of Ordinance No. CUP 16-00008 - An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) Permit to allow for a grocery store and general retail in the Light Industrial (M-1) zoning district, all of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey, Section 1 according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said tract being that portion of the north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main Street) (3200 block of Main Street, south of Swensen Road, on the west side of Main Street.) Conditional Use Permit Application No CUP 16-00008, within the Light Industrial (M-1), at the request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner, 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. CUP 16-00008 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for CUP 16-00008 failed by a vote of 0 to 6. City Manager Clay Pearson reported this request is for approval of a Conditional Use Permit (CUP) to allow a grocery store within the Light Industrial (M-1) Zoning District. Staff does not recommend approval of the requested CUP to allow for a grocery store and general retail on ' the approximately 1.99294 acre site. Councilmember Hill stated the applicant is not present tonight and he was not present at the Planning and Zoning meeting. Councilmember Carbone stated it is hard when the applicant does not attend the meetings to talk this through. Voting "Aye" Councilmember Perez Voting "No" Councilmembers Moore, Ordeneaux, Hill, Carbone, and Reed Motion Failed 5 to 1. Council Action — Resolution No. R2016-202 — A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for sludge transfer, dewatering and lift station cleaning services to Magna Flow Environmental in the estimated amount of $450,000.00 beginning December 8, 2016 through December 7, 2017. Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to approve ' Resolution No. R2016-202. City Manager Clay Pearson reported the City has five Wastewater Plants, of which four have dewatering facilities for bio -solid waste. At the fifth facility, Southdown liquid sludge waste is generated. This liquid sludge is then transferred to one of the four remaining facilities for Page 7 of 13 — 11/14/2016 processing before final disposal at a landfill. Also due to mechanical problems from time to ' time with the dewatering equipment at the four remaining facilities it is necessary to either transfer the sludge, or if the quantity is great enough, have a contractor provide dewatering services onsite. Onsite dewatering is a reduced cost when compared to a sludge transfer operation. Discussion ensued between Councilmember Perez and Public Works Director Eric Wilson regarding the look of the bid is normal for this being a renewal. Voting "Aye" Councilmembers Ordeneaux, Hill, Perez, Carbone, Reed, and Moore. Voting "No" None. Motion Passed 6 to 0. Council Action — Resolution No. R2016-211 — A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for dewatered bio -solids disposal services with Sprint Waste Services LP, in the estimated amount of $461,000.00, beginning December 15, 2016 through December 14, 2017. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve Resolution No. R2016-211. City Manager Clay Pearson reported Council is being asked for approval renewing the ' dewatered bio -solid sludge disposal contract with Sprint Waste Services, LP in the estimated amount of $461,000 beginning December 15, 2016 through December 14, 2017. Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, Ordeneaux, and Hill. Voting "No" None. Motion Passed 6 to 0. 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; and authorizing the sale of $1,073,546 in Certificates of Obligation. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore, to approve Resolution No. R2016-196. City Manager Clay Pearson reported the City Hall Complex Renovation Project has been a part of the Capital Improvement Program since 2009 with the intent to update the facility, , improve functionality replace functionally obsolete mechanical and electrical systems, enhance security, and cluster similar public services within the City Hall and Community Center (Annex) buildings collectively referred to as the City Hall Complex. Page 8 of 13 — 11/14/2016 ' Assistant City Manager Trent Epperson gave an overview of the City Hall Complex Renovation Project. Councilmember Perez stated if the City makes a decision to do a project then the project needs to be done right. He recommends to move forward with the project. Councilmember Hill stated at the last meeting he had an issue with the elevators and the system design. He understands with the buildings age it is best to do it now. Councilmember Ordeneaux stated he agrees to go ahead with the rehabilitation of the elevators and move forward with this project. Mayor Pro -Tem Moore stated his concerns regarding the cost of this project, but it is time to move forward and provide functional efficiency for the activities and services performed by Staff. Discussion ensued between Councilmember Reed, City Manager Clay Pearson and Assistant City Manager Trent Epperson regarding the cost going from $5.9 million a few months ago to $6.9 million because of the biding environment, the cost of materials going up and the mechanical, electrical and plumbing is over 50% of the cost. Councilmember Reed stated at the end of the day he is not debating if the City Hall building ' needs to be renovated his concern is issuing a million dollar Certificate of Obligation (CO). He asked if in the future regarding large projects if the final cost can be better estimated. Councilmember Carbone stated Council has already issued $4.6 million of Certificates of Obligation that is non-voter approved debt. Tonight in some form or fashion Council is going to approve to issue another million dollars in debt. In the near future there is going to be another bond referendum. It makes perfect sense at that time to put this on the ballot for the voters. He has a problem with issuing non-voter approved $6 million in debt. Voting "Aye" Councilmembers Perez, Moore, Ordeneaux, and Hill. Voting "No" Councilmembers Carbone and Reed. Motion Passed 4 to 2. Council Action - Resolution No. R2016-212 -A Resolution of the City Council of the City of Pearland, Texas, authorizing Keep Pearland Beautiful participation in a Textile Recycling Program with Simple Recycling. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to approve ' Resolution No. R2016-212. City Manager Clay Pearson reported Keep Pearland Beautiful (KPB) has approached the City about the possibility of providing a Textile Recycling Program in Pearland. The program would Page 9 of 13 - 11/14/2016 be provided by a third party vendor, Simple Recycling. If authorized by City Council, KPB would ' enter into a 4 -year agreement with Simple Recycling to provide free curbside recycling of clothing and home goods. Keep Pearland Beautiful representative Andrew Miller gave an overview of the Textile Recycling Program. Discussion ensued between Councilmember Ordeneaux and Keep Pearland Beautiful representative Andrew Miller regarding the pickup days will be the same as the existing curbside recycling program and educating the residents. Discussion ensued between Councilmember Hill and Simple Recycling representative regarding this would benefit the resident that might not want to drive to Salvation Army or Forgotten Angels to donate textiles. Discussion ensued between Councilmember Carbone and City Attorney Darrin Coker regarding this agreement will not be between the City and Simple Recycling, it will be between Keep Pearland Beautiful and Simple Recycling. Councilmember Perez stated he is in support of this, it adds some convenience for the residents and allows us to continue to recycle. He stated he would like to be as diligent as possible when advertising and educating the residents regarding this new program. Councilmember Carbone stated his only hesitation is the City has no liability here, KPB may ' have liability and cannot contract with someone else during that period. Councilmember Ordeneaux stated this will be going out to 100,000 people and it is between Keep Pearland Beautiful and Simple Recycling which will be a 4 -year non -compete. Discussion ensued between Councilmembers, Simple Recycling representative and City Attorney Darrin Coker regarding the contract, if either party wants to opt out and a two year non -compete. Councilmember Reed absent from the Council Chamber at 8:05 p.m. Councilmember Ordeneaux made the motion, seconded by Councilmember Carbone to postpone R2016-212 to a future date. Voting "Aye" Councilmembers Carbone, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 5 to 0, with Councilmember Reed absent from the Chamber. ' Councilmember Reed returned to the Council Chamber at 8:06 p.m. Page 10 of 13 — 11/14/2016 ' Council Action — Resolution No. R2016-208 — A Resolution of the City Council of the City of Pearland, Texas, authorizing a Pearland Economic Development Corporation expenditure of $654,900 with Clark Condon Associates, Inc., for implementation of the SH 35 Gateway and Corridor Enhancement Project. Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve Resolution No. R2016-208. City Manager Clay Pearson reported one of the main strategies outlined in the Pearland 20/20 Community Strategic Plan is to optimize the development potential of Pearland's principal commercial corridors. By improving infrastructure and increasing development within the corridor, the image and sense of place, market appeal and overall taxable value of the area can increase. Councilmember Ordeneaux was absent from the Council Chamber at 8:08 p.m. Discussion ensued between Councilmember Carbone and City Manager Clay Pearson regarding the maintenance of the entryway and corridor enhancements. Mayor Pro -Tem Moore stated he wished the City looked at this a couple of years ago when TxDOT came in and improved a lot of the area on SH 35 and now the City is going to come back and redo what TOOT has already done. ' Mayor Reid stated one of the things Pearland Economic Development Corporation (PEDC) does is to present an area that people will want to come and SH35 is not that presentable. PEDC brings quality businesses to Pearland to increase the tax base and if the roadways are not dressed up they will not come. Councilmember Perez stated this investment will be a significant return for Pearland. Clark Condon Landscape Architecture Jason Miller gave an overview of the new landscape and streetscape improvements along SH 35 right-of-way and answered questions by the Councilmembers. Voting "Aye" Councilmembers Reed, Moore, Hill, and Perez. Voting "No" Councilmember Carbone. Motion Passed 4 to 1, with Councilmember Ordeneaux absent from the Council Chamber. Councilmember Ordeneaux returned to the Council Chambers at 8:27 p.m. Page 11 of 13— 11/14/2016 MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDA: Councilmember Hill stated he would like to take a look at the permit and CUP process the necessity of a permit and CUP when there is a change of occupancy. Councilmember Perez stated he would like to have a discussion regarding putting a yearly or overall limit on the Certificates of Obligation. Nothing can be bought over $50,000 without Council approval. OTHER BUSINESS Council adjourned into Executive Session under Texas Govemment Code at 8:32 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. Section 551.087 - Consultation with City Attorney - Regarding Economic Development Negotiations. 2. Section 551.072 - Consultation with the City Attorney - Regarding the purchase, exchange or lease of property for City infrastructure. NEW BUSINESS CONTINUED: , Council returned from Executive Session at 9:33 p.m. Council Action - Regarding Economic Development Negotiations. Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to authorize the City to proceed with an amendment to a tax abatement agreement between the City of Pearland and FloWorks as discussed in Executive Session. Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. Voting "No" None. Motion Passed 6 to 0. Page 12 of 13 - 11/14/2016 ' ADJOURNMENT Meeting was adjourned at 9:35 p.m. 0 Minutes approved as submitted and/or corrected this the 23rd day of January, A.D., 2017. Tom Reid Mayor ATTEST: aumo, Y ng Lo RM, ' Se ary` Page 13 of 13 — 11/14/2016 THIS PAGE LEFT BLANK INTENTIONALLY !I i J