2017-03-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 27, 2017, 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
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: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; 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; John McCarter Budget Officer; Vance Riley Fire Chief; Kim Sinistore
Executive Director of the Convention/Visitors Bureau; Eric Wilson Director of Public
Works; Sparkle Anderson Communications Director; Joel Hardy Management Assistant;
Skipper Jones Assistant Director of Capital Projects; Robert Upton City Engineer;
Daniel McGhinnis Chief Information Officer; Rick Overgaard Assistant Finance Director;
Lawrence Provins Deputy City Attorney; Ron Fraser Police Captain.
The invocation was given by Councilmember Perez and the Pledge of Allegiance was
led by Police Captain Ron Fraser.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Hill, and Perez.
PUBLIC HEARING: None.
CITIZEN COMMENTS:
Adrienne Bell, 2323 Colleen Street, addressed Council stating she comes before Council
as the Chair of the Pearland Martin Luther King Jr. Celebration Committee. She stated to
Council the plans to have a Martin Luther King Celebration which would consist of a
parade and celebration at Independence Park.
Page 1 of 10 — 3/27/2017
Karla Bell -Thomas, 13810 Creekmill Court, addressed Council asking for assistance to '
expedite and eliminate the obstacles the residents of Lakes of Savannah are facing in
staffing Fire Station # 6. She further stated her concems regarding the amount of time
it takes for a fire truck or EMS to get to her subdivision because they are having to
come from Pearland Town Center.
Renae Medlock, 14106 Spring Knoll Lane, addressed Council stating she would like to
make an appeal to Council to come up with a plan for a staffed Fire Station for the Lakes
of Savannah.
FJ Jones, 5519 Autumn Ash Lane, addressed Council stating her concerns regarding the
need for a Fire Station in the Lakes of Savannah.
John Cacolice, 13308 Barton Meadow Lane, addressed Council asking if it is possible to
give Fire Chief Vance Riley the latitude to make the decision to staff Fire Station # 6.
Frank Scheers, 5702 Windy Knoll Lane, address Council stating his wife is expecting
a baby and it is a high risk pregnancy. He stated his concerns for his family regarding the
time line for emergency response.
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A. Consideration and Possible Action - Approval of Minutes:'
1. Joint Public Hearing Minutes of January 30, 2017, 6:30 p.m.
2. Regular Meeting Minutes of February 13, 2017, 6:30 p.m.
3. Joint Public Hearing Minutes of February 20, 2017, 6:30 p.m.
4. Special Meeting Minutes of February 20, 2017, 7:30 p.m.
5. Regular Meeting Minutes of February 27, 2017, 6:15 p.m.
B. Consideration and Possible Action — Second and Final Reading of
Ordinance No. CUP 16-00015 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit
(CUP) to allow for an auto wash (self-service) in the General
Commercial (GC) zoning district, being a parcel of land containing
1.0672 acres (46,489 square feet) more or less out that certain 8.8726
acre tract conveyed by George E. Young to Milestone Propertied, Inc.,
as recorded in deed records Volume 1541, Page 648, Official Records
of Brazoria County, Texas, said 1.0672 acres being in the W.D.C. Hall
Survey, Abstract 70, Brazoria County, Texas.(Located at 1524 E.
Broadway Street, Pearland, TX.) Conditional Use Permit Application
No CUP 16-00015, within the General Commercial (GC) zoning
district, at the request of Ted Maier, applicant, on behalf of Musa Adi, '
owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Page 2 of 10 — 3/27/2017
' C. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP 17-00001 - An Ordinance of the City Council of
the City of Pearland, Texas, approving a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business
(GB) zoning district, being Reserve G a 1.5707 acre portion of a
20.8406 acre (907,818 square feet) tract of land being all of proposed
Albertson's Pearland, a subdivision of land out of Lots 31, 32, 63, and
64 of the Allison - Richey Guff Coast Home Company Subdivision of
Section 9, H. T. & B. Railroad Company Survey, Abstract No. 234,
Brazoria County, Texas, according to the plat recorded in Volume 2,
Page 24, of the Brazoria County Plat Records. (Located at 7109 W.
Broadway Street, Pearland, TX.) Conditional Use Permit Application
No CUP 17-00001, within the General Business (GB) zoning district, at
the request of Hiren C. Patel, applicant, on behalf of 2ML Real Estate
Interests, Inc., owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the
subject.
D. Consideration and Possible Action - Resolution No. R2017-63 - A
Resolution of the City Council of the City Of Pearland, Texas ("CITY")
denying the application to increase rates filed by CenterPoint Energy
' Resources Corp., d/b/a CenterPoint Energy Entex and Centerpoint
Energy Texas gas on or about November 16, 2016; requiring the
reimbursement of municipal rate case expenses; finding that the
meeting complies with the open meetings act; making other findings
and provisions related to the subject; and declaring an effective date.
E. Consideration and Possible Action - Resolution No. R2017-60 - A
Resolution of the City Council of the City of Pearland, Texas, renewing
a unit supply bid for the purchase of office supplies with Staples
Advantage in the estimated amount of $150,000.00 for the period of
April 15, 2017 through April 14, 2018.
F. Consideration and Possible Action - Resolution No. R2017-67 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a lease
agreement with Mobile Modular Management Corporation, in the
amount of $133,284.00 for a 30 month lease of a modular building
associated with the Orange Street Service Center Project.
G. Consideration and Possible Action - Resolution No. R2017-61 - 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 for cooperative purchase of goods and services with NCPA
(National Cooperative Purchasing Alliance) for future purchases.
Page 3 of 10 - 3/27/2017
H. Consideration and Possible Action - Resolution No. R2017-57 - A '
Resolution of the City Council of the City of Pearland, Texas, awarding
a unit price contract for document management services to Data Bank
IMX, in a total expenditure amount not to exceed $100,000 for the
period of March 28, 2017 through March 27, 2018.
Consideration and Possible Action - Resolution No. R2017-62 - A
Resolution of the City Council of the City Of Pearland, Texas,
approving a bond order of Brazoria County Municipal Utility District No.
6 and authorizing the issuance of Unlimited Tax Refunding Bonds,
Series 2017 in a par amount not to exceed $3,000,000.
Councilmember Carbone asked that Consent Agenda Items E, F and H be removed
from the Consent Agenda for further discussion.
Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to
adopt Consent Agenda Items A through I with the exception of Items E, F and H 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 E was removed for
further discussion.
E. Consideration and Possible Action - Resolution No. R2017-60 - A
Resolution of the City Council of the City of Pearland, Texas, renewing
a unit supply bid for the purchase of office supplies with Staples
Advantage in the estimated amount of $150,000.00 for the period of
April 15, 2017 through April 14, 2018.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve Resolution No. R2017-60.
City Manager Clay Pearson reported this is renewing the unit supply bid with Staples
Advantage for the purchase of office supplies as the best product for the City.
Discussion ensued between Councilmember Carbone and Buyer Julie Blackmore
regarding being based on the quantity used Staples Advantage is more beneficial for
the City regarding office supplies.
Page 4 of 10 — 3/27/2017
' Councilmember Carbone stated in the future he would like to see the calculation broken
down getting to the bottom line showing why it is best for the City.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Voting "No" None.
Motion Passed 6 to 0.
As requested by Councilmember Carbone Consent Agenda Item F was removed for
further discussion.
F. Consideration and Possible Action - Resolution No. R2017-67 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a lease
agreement with Mobile Modular Management Corporation, in the
amount of $133,284.00 for a 30 month lease of a modular building
associated with the Orange Street Service Center Project.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve Resolution No. R2017-67.
' City Manager Clay Pearson reported Engineering and Projects has been slated for
permanent relocation to the Public Works campus, therefore they are in need of
temporary quarters for approximately 30 months. Size and configuration were important
for providing the operational benefit of keeping the entire departments together for the
extended period of time that they would be displaced, without undue renovation or build
out.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding where the funds will come from since this was not a budgeted item.
Councilmember Carbone stated in the future if funds are being spent that were not
budgeted he would like to see it under new business and not under consent agenda.
Deputy City Manager Jon Branson stated since he has been with the City the practice is
if an item is less than $300,000 it is put under the consent agenda and if the funds are
available for any dem that is over $300,000 goes under new business.
Councilmember Carbone asked how that practice can be changed
City Manager Clay Pearson stated staff can bring back a modified Council and Agenda
' set of rules to present to Council.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.
Page 5 of 10 - 3/27/2017
Voting "No" None. '
Motion Passed 6 to 0.
As requested by Councilmember Carbone Consent Agenda Item H was removed for
further discussion.
H. Consideration and Possible Action - Resolution No. R2017-57 - A
Resolution of the City Council of the City of Peadand, Texas, awarding
a unit price contract for document management services to Data Bank
IMX, in a total expenditure amount not to exceed $100,000 for the
period of March 28, 2017 through March 27, 2018.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve Resolution No. R2017-57.
City Manager Clay Pearson reported while several departments have internally
completed scanning of the required documents, the current volume of permanent record
requirements will necessitate a 31" party scanning of prioritized City documents in order
to preserve document legibility and support the new office design in the renovated
buildings.
Councilmember Carbone stated same comment, $100,000 expenditure, not budgeted '
and put under Consent Agenda.
Discussion ensued between Councilmember Carbone, Deputy City Manager Jon
Branson and Finance Director Cynthia Pearson regarding the amount and other
options.
Discussion ensued between Councilmember Perez and Finance Director Cynthia
Pearson regarding most of the $100,000 funds will go to the Planning and Permit
departments to scan the large maps.
Voting "Aye" Councilmembers Reed, Moore, Ordeneaux, Hill, and Perez
Voting "No" Councilmember Carbone.
Motion Passed 5 to 1.
NEW BUSINESS:
Council Action — Resolution R2017-51 — A Resolution of the City Council of the City
of Pearland, Texas, accepting the City's Comprehensive Annual Financial Report for I fiscal year 2016 and the accompanying independent audit by the accounting firm of
Whitley Penn, LLP.
Page 6 of 10 — 3/27/2017
' Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone to
approve the Resolution No. 2017-51.
Whitley Penn, LLP. Representative Lupe Garcia gave a presentation on the results of
September 30, 2016 Financial Statement Audit.
Discussion ensued between Mayor Reid and Whitley Penn, LLP. Representative Lupe
Garcia regarding the City of Pearland is considered to be a healthy organization.
Voting "Aye" Councilmembers Moore, Ordeneaux, Hill, Perez, Carbone, and Reed.
Voting "No" None.
Motion Passed 6 to 0.
Second and Final Reading of Ordinance No. 2000T-24 - An Ordinance of the City
Council of the City of Pearland, Texas, amending selected provisions of the Unified
Development Code of the City regarding changes to the land use matrix for auto
accessories, auto parts sales, auto washes, hotel/motels, and extended stay
hotel/motels; 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-24 on its Second and Final Reading.
City Manager Clay Pearson reported at the first reading on March 20, 2017 the City
Council took two separate votes on the proposed changes, one for the Auto
Accessories and/or Parts, Auto Parts Sales, and Auto Wash. The other for Extended
Stay Hotel/Motel. The two votes passed with a vote of 4-2 and 4-2. The ordinance is
kept as a single document. Staff recommends approval of the proposed change to the
Unified Development Code.
Voting "Aye" Councilmembers Hill, Perez, Reed, and Moore.
Voting "No" Councilmembers Ordeneaux and Carbone.
Motion Passed 4 to 2.
Council Action - Resolution No. R2017-64 -A Resolution of the City Council of the
City of Pearland, Texas, awarding a construction services contract for the Bailey Road
ITS Project (fiber optic cable) to TDC2, LLC, in the amount of $717,275.44.
' Councilmember Hill made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. 2017-64.
Page 7 of 10 - 3/27/2017
City. Manager Clay Pearson reported Council is being asked to award a construction '
services contract for the Bailey Road ITS Project (fiber optic cable) to TDC2, LLC, in the
amount of $717,275.44.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-59 - A Resolution of the City Council of the
City of Pearland, Texas awarding a construction services contract for the Tom Reid
Library Expansion Project to Construction Masters of Houston, Inc., in the amount of
$3,319,200.00.
Councilmember Perez made the motion, seconded by Councilmember Carbone to
approve the Resolution No. 2017-59.
Kevin Murphy, Vice President of Triad Construction addressed Council stating Triad
Construction was on the bid process, and stated his concerns regarding the scoring.
He would like Pearland to re -consider their bid.
Jay Dorsey, Owner of Triad Construction addressed Council asking if they would table
'
this item, and do more research regarding the scoring of this bid. He further stated as a
Pearland resident and tax payer he has an issue with an additional $54,500 being paid
for no material gain.
Assistant City Manager Trent Epperson gave an overview of the competitive bid
process used for this project which shows the best value proposal for the City.
Discussion ensued between Ccuncilmembers, City Manager Clay Pearson, Assistant
City Manager Trent Epperson and City Attorney Darrin Coker regarding low bids, local
option, the lowest bid is not known being this is a sealed proposal, the scoring process,
factoring in local option, competitive sealed proposals and the government code.
Councilmember Hill stated he does not have a problem with the way the bids were
scored or awarding the construction services contract to Construction Masters of
Houston, Inc.
Councilmember Ordeneaux thanked Staff for getting the bid information to Council. He
has looked at the bids and he does not have a problem with the way staff scored the
bids.
Page 8 of 10 - 3/27/2017
' Mayor Pro -Tem Moore stated after looking at the bids, he agrees the time frame should
be 12 months to complete. 16 months is too long for the Library to be in the middle of
construction.
Discussion ensued between Councilmember Carbone and City Manager Clay Pearson
regarding the agenda packet stating a bid was missing a majority of information
resulting in a score of 74, but the memo states the information that was missing did not
affect the score.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
postpone Resolution No. 2017-59 to April 10, 2017 Regular Council Meeting Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, and Hill.
Voting "No" Councilmembers Perez and Ordeneaux.
Motion Passed 4 to 2.
City Attorney Darrin Coker stated the next item relates to the power of eminent domain
and regarding to state law the entire caption has to be read.
Council Action — Resolution No. R2017-66 — 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
0.0345 of one acre (1,504 square feet) parcel of land located in the H.T.& B.R.R. Co.
Survey, Abstract No. 310, Brazoria County, Texas and being situated in Lot 9B of the
PARTIAL AMENDING PLAT OF HICKORY PLACE, a subdivision per plat or map
recorded in Volume 22, Pages' 145 146, Brazoria County Map Records (B.C.M.R.), said
0.0345 acre parcel being out of and a part of a 0.9445 of one acre residue of a tract
described as 0.9723 of one acre in a conveyance to Karla Eldridge, at vir recorded
under Brazoria County Clerk's File (B.C.C.F.) No. 2005053742, for the construction and
maintenance of water, sewer, drainage and road improvements 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.
Councilmember Carbone made the motion, seconded by Councilmember Perez to
approve the Resolution No. 2017-66.
City Attorney Darrin Coker reported this is authorizing the power of eminent domain to
acquire certain property for the Hughes Ranch Road Improvement Project. The City has
' reached an agreement with the property owner, but there is an Internal Revenue
Service (IRS) tax lien on this property that needs to be resolved. He further stated he
received information today, 3.27.2017 that the IRS will provide that documentation so
this can be resolved and the City will receive a clear title.
Page 9 of 10 — 3/27/2017
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 Perez stated for a future item he would like to discuss
unbudgeted items.
Mayor Pro -Tem Moore stated for a future item he would like to discuss Fire and
EMS services in the Extraterritorial Jurisdiction (ETJ) of Lakes of Savannah.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 7:59 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.072 - Real Property: Regarding the Sale, Lease, Purchase, or '
Exchange of Real Property for City Facilities.
2. Section 551.087 - Regarding Economic Development Negotiations.
Council returned from Executive Session at 8:59 p.m.
NEW BUSINESS CONTINUED: None.
ADJOURNMENT
Meeting was adjourned at 9:00 p.m.
Minutes approved as submitted and/or corrected this the 24th day of April, A.D., 2017.
Tom Reid
ATTEST:Mayor
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Page 10 of 10 - 3/27/2017