2016-11-28 CITY COUNCIL REGULAR MEETING MINUTESIl
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 28, 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
Deputy City Manager
Jon Branson
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; Lata Krishnarao Director of
Community Development; Chris Cries Director of Parks and Recreation; Cynthia Pearson
Director of Finance; Eric Wilson Public Works Director; Joel Hardy Grants Coordinator;
Jennifer Huhn Court Administrator; Skipper Jones Assistant Director of Capital Projects; John
Knight IT Manager, Robert Upton City Engineer, John McCarter Management Assistant; Rick
Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer; Lawrence Provins
Deputy City Attorney; Letitia Fannie Municipal Court Judge.
The invocation was given by Councilmember Ordeneaux 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: None.
PUBLIC HEARING: None.
CONSENT AGENDA:
A. Consideration and Possible Action — Approval of Minutes:
1. Minutes of the September 12, 2016, Regular Meeting held at 6:30 p.m.
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B. Consideration and Possible Action - Second and Final 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.
C. Consideration and Possible Action - Resolution No. R2016-216 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to renew a unit supply contract for the cleaning
of potable waterlines with Flowmore Services, in the estimated amount of
$133,333, for the period of December 23, 2016 through December 22, 2017.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore, to adopt
Consent Agenda Items A through C 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:
Council Action - Resolution No. R2016-219 - A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal
Agreement with Brazoria County concerning the regulation of Subdivision Platting.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-219.
City Attorney Darrin Coker reported this amended interlocal agreement clarifies the roles of
the County and City with respect to the regulation of platting in the City's Extraterritorial
Jurisdiction (ETJ).
Discussion ensued between Councilmember Hill and City Attorney Darrin Coker regarding
the definition of multi -family will be referred to in the Pearland Unified Code (UDC). '
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' Discussion ensued between Councilmember Perez and City Attorney Darrin Coker regarding
what the state mandates to be plated in a city and in a cities Extraterritorial Jurisdiction (ETJ).
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, Perez, and Carbone.
Voting "No" None.
Motion Passed 6 to 0.
First Reading of Ordinance No. 1534 — An Ordinance of the City Council of the City of
Pearland, Texas, authorizing the City to make current service and prior service contributions
to the City's account in the benefit accumulation fund of the Texas Municipal Retirement
System at the actuarially determined rate of total employee compensation.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone, to approve
Ordinance No. 1534 on its First Reading.
Deputy City Manager Jon Branson reported there is an old provision in our State Statute that
older cities in the Texas Municipal Retirement System (TMRS) have to manually address.
TMRS refers to this provision as the Stat Max. The provision requires action by the Council
once a plan's contribution rate exceeds a certain level.
Discussion ensued between Councilmember Carbone and Texas Municipal Retirement
System Representative Anthony Mills regarding the original Stat Max and the reason there is
a Stat Max.
Discussion ensued between Councilmember Perez and TMRS Representative Anthony Mills
regarding what the 13.5% is represented of.
Councilmember Reed stated he is inclined to go with the second option and raise it to 2%.
Councilmember Carbone made the motion, seconded by Councilmember Reed to amend the
motion to the second option to increase the rate by 2% to 15.5%
Councilmember Ordeneaux stated he is going to vote against this because he views this as
part of the budget process and not an ordinance.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Carbone, Moore, Hill, and Perez.
Voting "No" Councilmembers Reed and Ordeneaux.
1 Motion Passed 4 to 2.
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Mayor Reid called for the vote on the amended motion. ,
Deputy City Manager Jon Branson stated the plan its self is financially sound, it is paying 82%
of the total liability. From a financial standard standpoint 70% is recommended for a healthy
plan. The City is well above the standard for paying into the fund.
Mayor Pro -Tem Moore asked that this topic is highly highlighted in the next budge discussion.
Voting "Aye" Councilmembers Moore, Hill, Perez, Carbone, and Reed.
Voting "No" Councilmember Ordeneaux.
Motion Passed 5 to 1.
Council Action - Resolution No. R2016-220 - A Resolution of the City Council of the City Of
Peadand, Texas, Declaring Intention to Reimburse Project Expenditures from proceeds of
Future Tax -Exempt Permanent Improvement Bonds, Certificates of Obligation, and
Water/Sewer Bond.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore, to approve
Resolution No. R2016-220.
Deputy City Manager Jon Branson reported Council is being asked for approval declaring '
intention to reimburse project expenditures from proceeds of future tax-exempt Permanent
Improvement Bonds, Certificates of Obligation, and Water/Sewer Revenue Bonds.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, Carbone, and Reed.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2016-209 - A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for construction services (Centennial Park, Phase 2) to
Gulf Coast Landscape Services, Inc., in the amount of $2,014,874.00.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve
Resolution No. R2016-209.
Deputy City Manager Jon Branson reported Council is being asked for approval to award a
bid for construction services (Centennial Park, Phase 2) to Gulf Coast Landscape Services,
Inc., in the amount of $2,014,874.00.
Discussion ensued between Councilmember Carbone, Assistant City Manager Trent Epperson '
and Purchasing Officer Bob Pearce regarding the bids received.
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Councilmember Perez stated regarding the parking lot he would suggest not reducing the
parking spaces from 100 to 80. There will be six playing fields that will be opened up for
tournaments and will need the 100 parking spaces.
Councilmember Perez made a motion to amend the original motion to not reduce the parking
spaces from 100 spaces to 80 spaces.
Discussion ensued between Councilmembers and Assistant City Manager Trent Epperson
regarding the funding.
Discussion ensued between Councilmembers and Director of Parks and Recreation Chris
Orlea regarding a restroom was a priority and 80 parking spaces is sufficient.
The amended motion died for lack of a 2"d.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDA: None.
' OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:33 p.m. to discuss
the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.074—Personnel Matters—RegardingtheAnnualEvaluationofthe
City Attorney.
2. Section 551.074—Personnel Matters—RegardingtheAnnualEvaluationofthe
Municipal Court Judge.
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 8:30 p.m.
Council Action — Regarding the Annual Evaluation of the City Attorney.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to make the
adjustment to the City Attorney Darrin Coker's salary as discussed in Executive Session.
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Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez. '
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Regarding the Annual Evaluation of the Municipal Court Judge.
Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to make the
adjustment to the Municipal Court Judge Letitia Farnie's salary as discussed in Executive
Session.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0.
ADJOURNMENT
Meeting was adjourned at 8:34 p.m.
Minutes approved as submitted and/or corrected this the 23rd day of January, A.D., 2017. '
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Tom Reid
Mayor
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