2017-05-22 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 22, 2017 AT 6:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3619 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:32 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Gary Moore
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
City Manager
Clay Pearson
Deputy City Attorney
Lawrence Provins
City Secretary
Young Lofting
Others in attendance: Matt Buchanan President of Economic Development Corporation;
Trent Epperson Assistant City Manager; Michelle Graham Director of Human Resource;
Jimontanae McBride City Planner; John McCarter Budget Officer; Chris Orlea Director
of Parks and Recreation; Cynthia Pearson Director of Finance; Kim Sinistore Executive
' Director of the ConventionNisitors Bureau; Robert Upton City Engineer; Sparkle
Anderson Communications Director; Andrea Brinkley Assistant Director of Public
Works; Joel Hardy Interim Management Assistant; Jennifer Huhn Court Administrator;
Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance
was led by Assistant Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Moore, Councilmembers Carbone, Reed,
Ordeneaux, Little and Perez.
CITIZEN COMMENTS
L.C. (Max) Krchnak, 3420 Shadycrest Drive, addressed Council stating his concerns
regarding his chainsaw in his neighbors yard, a bucket filled with cement on the City's
easement, being arrested and spending the night in jail. He further stated his concerns
regarding a garage sale.
Mayor Reid asked the candidates running for office in attendance to stand and
introduce themselves.
' Woody Owens running for Council Position No. 7.
Mayor Reid stated he is running for re-election for the office of Mayor.
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CONSENT AGENDA: '
A. Minutes of the April 17, 2017 Joint Public Hearing Meeting held at 6:30
p.m.
Minutes of the April 24, 2017 Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Excuse the Absence of
Councilmember Greg Hill from the Regular Council Meeting held on
May 8, 2017.
C. Consideration and Possible Action - Resolution No. R2017-104 - A
Resolution of the City Council of the City of Pearland, Texas
reappointing directors to the Board of Directors of the Lower Kirby
Pearland Management District.
D. Consideration and Possible Action - Resolution No. R2017-105 - A
Resolution of the City Council of the City of Pearland, Texas
reappointing directors to the Board of Directors of the Pearland
Municipal Management District No. 1. '
E. Consideration and Possible Action - Resolution No. R2017-106 - A
Resolution of the City Council of the City of Pearland, Texas
reappointing directors to the Board of Directors of the Pearland
Municipal Management District No. 2.
F. Consideration and Possible Action - Resolution No. R2017-97 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing a construction materials testing contract with Geoscience
Engineering & Testing, Inc., in the amount not to exceed $158,415.00,
for the Linwood/Orange Street Construction Project.
G. Consideration and Possible Action - Resolution No. R2017-96 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into an amended
contract with MWH/Stantec, in the additional amount of $89,495.00, for
professional services associated with the performance of Preliminary
Engineering Services for the Expansion of the Barry Rose Wastewater
Treatment Plant.
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' H. Consideration and Possible Action - Resolution No. R2017-98 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing a construction management contract with AG/CM Inc., in the
amount not to exceed $229,570.00, for the Linwood, East Orange, and
Old Alvin Roadway and Drainage Improvements Construction Project.
Consideration and Possible Action - Resolution No. R2017-112 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into Master
Services Agreement, Task No. 1, with Arcadis U. S., Inc., in an amount
of $115,380.00, for construction management services associated with
the Tom Reid Library.
J. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP 17-00004 - 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 2.832 acres of land out of Lot 110 and Lot F of
the subdivision of Alexander, Crain, Harris & Brooks, Section 1,
Abstract Number 147, City of Pearland, Brazoria County, Texas, also
' being that certain called East 2.840 acres of 6.6 acres of land described
in deed and recorded in the Official Public Records of Real Property of
Brazoria County, Texas, under County Clerk's File Number 921027 267,
said 2.832 acres of land. (Located at 3320 E. Broadway Street,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00004,
within the General Business (GB) zoning district, at the request of
Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on behalf of
Pearland-SC, LTD., owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
K. Consideration and Possible Action - Second and Final Reading of
Ordinance No. CUP 17-00005 - 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 all of Tract 2 of Pearland Plaza, an addition to
the City of Pearland, Texas, according to the file plat recorded in
Volume 16, Page 35 and 36, of the Map Records of Brazoria County.
(Located at 3291 E. Broadway Street, Pearland, TX.) Conditional Use
Permit Application No CUP 17-00005, within the General Business (GB)
zoning district, at the request of Michele Kreft, applicant, on behalf of
' Dairy Bell LP, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
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L. Consideration and Possible Action - Resolution No. R2017-102 - A '
Resolution of the City Council of the City Of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Member
Intergovernmental Cooperative Purchasing Agreement with National
Purchasing Partners (NPP) and authorizing the purchase of tires as
needed at fixed unit pricing as reflected herein, with an estimated annual
expenditure amount of $186,500.00 for the period of June 1, 2017 through
March 31, 2018.
M. Consideration and Possible Action - Resolution No. R2017-99 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to renew a contract for audit services
with Whitley Penn in the amount of $79,600.00, for the period of June 12,
2017 through June 11, 2018.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to
adopt Consent Agenda Items A through M as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Little, and Perez.
Voting "No" None. ,
Motion Passed 6 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
Council Action — Resolution No. R2017-111 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Bond Counsel Services Agreement with Andrews Kurth, for the period beginning May
24, 2017 through May 23, 2024.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. 2017-111.
City Manager Clay Pearson reported Council is being asked for approval to enter into a
Bond Counsel Services Agreement with Andrews Kurth.
Councilmember Reed stated his concerns regarding the seven (7) year agreement with
the law firm. '
Discussion ensued between Councilmember Carbone and Andrews Kurth
Representative Tonya Fisher regarding the seven (7) year agreement and cost analysis.
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' Voting "Aye" Councilmembers Moore, Ordeneaux, Little, Perez, and Carbone.
Voting "No" Councilmember Reed.
Motion Passed 5 to 1.
Council Action — Resolution No. R2017-109 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Financial Advisory Services Agreement with BOK Financial Securities, Inc., for the
period beginning May 24, 2017 through May 23, 2024.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone to
approve the Resolution No. 2017-109.
City Manager Clay Pearson reported Council is being asked for approval to enter into a
Financial Advisory Services Agreement with BOK Financial Securities, Inc.
Discussion ensued between Councilmember Carbone and BOK Managing Director
John Robuck regarding the cost analysis.
' Discussion ensued between Councilmember Reed and City Manager Clay Pearson
regarding the difference between the low bid and the incumbent.
Councilmember Ordeneaux stated when he looks at the bids it is not just the
percentage they will charge the City, it is also when they have done their homework
regarding the City.
Councilmember Little stated he is not that concerned with the seven (7) year contract
when the City is able to give a 30 day notice anytime to get out of the contract.
Voting "Aye" Councilmembers Moore, Ordeneaux, Little, Perez, and Carbone.
Voting "No" Councilmember Reed.
Motion Passed 5 to 1.
Council Action — Resolution No. R2017-92 — A Resolution of the City Council of the
City of Pearland, Texas, approving Windstorm Insurance through AmRisc Carriers in
the amount of $531,877.00 for the period of May 26, 2017 to May 26, 2018 with a rate
guarantee for the period of May 2018-2019.
' Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-92.
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City Manager Clay Pearson reported this item was presented at the last Council '
meeting and Council requested more information. Due to the escalating cost and limits
allowed per building, the City lowered their limits. Thereafter, AmRisc entered the
market and lowered the cost by multi -layering the risk among several carriers. Their
strategy provided competitive rates to public entities which afforded the City the ability
to increase total insurable values by adding existing and newly constructed property to
windstorm schedule.
Discussion ensued between Councilmember Carbone and Deputy City Attorney
Lawrence Provins regarding the 2 year term policy and the City may cancel during the
first year with no penalty to the City.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0.
Council Action - Resolution No. R2017-101 - A Resolution of the City Council of the
City of Pearland, Texas, awarding a construction services contract for the
Linwood/Orange Street Construction Project to SER Construction Partners, LLC, in the
amount of $5,792,595.50.
Councilmember Little made the motion, seconded by Councilmember Ordeneaux to
approve the Resolution No. 2017-101.
Raquel Boujourne, 8951 Ruthby Drive, Suite 12, addressed Council asking them to
table the vote for the Linwood/Orange Street Construction Project and stated her
concerns regarding her company, A Status Construction being rejected during the bid
process.
Arturo Fernandez, 8951 Ruthby Street, Suite 12, addressed Council stating he works for
A Status Construction with 13 years' experience. He stated his disappointment and his
experience regarding the bid process.
Diego Monroy, 8951 Ruthby Street, Suite 12, addressed Council stating he works for
ASA Dally Company which provides engineering and construction services to cities and
counties all over the state. He stated his concerns regarding the disqualification of A
Status Construction for this project.
Felipe Boujourne, 8951 Ruthby Street, Suite 12, addressed Council stating his concerns
regarding the bid process for the Linwood/Orange Street Construction Project.
Elaine Garcia, 8951 Ruthby Street, Suite 12, addressed Council stating her concerns I regarding the bid process and how she was made to feel as a woman attending the bid
opening. She asked Council to table this item and make it right.
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I
Assistant City Manager Trent Epperson gave an overview of the Linwood/Orange Street
Construction Project and the bid process.
Councilmember Perez stated he has no cause for concern to believe that gender,
and/or ethnicity had anything to do with A Status Construction's performance. He further
stated the City has three Project Managers attending the Council meeting that are all
three females and all three a minority. We do not judge people's ability in Pearland
based on their ethnicity. That is not how the City does business. He stated his concerns
regarding a lot of low value in the bid that does not make sense and causes questions.
Councilmember Reed stated he would feel more comfortable to table this item to the
next regular meeting. He further stated since Deputy City Attorney Lawrence Provins
attended the bid opening he would like a write up in memo form of the bid opening prior
to voting on this item.
Councilmember Reed made the motion to table this item to the next Regular Council
meeting.
There was no second to the motion.
Discussion ensued between Mayor Pro -Tem Moore and Deputy City Attorney Lawrence
' Provins regarding a sign in sheet at the bid opening.
Councilmember Ordeneaux stated he is supporting Staffs recommendation because
Staff chose a company the City has history with and he has faith there will not be any
problems.
Councilmember Little stated after hearing everything he is comfortable with Staffs
recommendation.
Mayor Pro -Tem Moore invited A Status Construction to come back regarding other
projects with the City. That way the City can get to know A Status Construction and your
work.
Councilmember Perez stated he would love for A Status Construction to come back and
have an opportunity working with the City.
Councilmember Carbone stated he never received one call regarding the work SER
Construction did at Regency Park and there could have been a lot to go wrong. That
alone tells him that Staff has made a good recommendation. He further stated he would
like to receive a write up of the actions at the bid opening, because there were some
' things that were said tonight that he would hope did not happen.
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Councilmember Reid stated he agrees he would like to receive a write up. Everyone '
that attended and all staff that attended. All the phone calls the City made regarding the
references. He further stated he would like to know what the City's range is where price
beats out the incumbents regarding choosing a bid for a project, because it is not
percentage.
Councilmember Ordeneaux stated the answer that was given is percentage and the two
percentages of the example given were very similar.
Councilmember Perez stated it is the lowest qualified bidder. Council is seeing that Staff
does not feel comfortable that the low bidder is qualified for the job so they go to the
next lowest qualified bidder.
Deputy City Attorney Lawrence Provins stated as Councilmember Perez pointed out this
contract has been awarded to the lowest responsible qualified bidder. He further stated
Staff did not feel the lowest bidder qualified because of the problems with references
that did not appear to be in size and scope and other bid differences that were
highlighted in the bidding materials. Staffs recommendation had nothing to do with their
familiarity with SER Construction. In this case it is the lowest responsible qualified
bidder.
Voting "Aye" Councilmembers Little, Perez, Carbone, Moore, and Ordeneaux.
Voting "No" Councilmember Reed. '
Motion Passed 5 to 1.
Council Action - Resolution No. R2017-100 -A Resolution of the City Council of the
City of Peadand, Texas, renewing a unit price service contract for printing and mailing
the City's utility bills, with Peregrine Services, Inc., in the estimated annual expenditure
amount of $333,461 for the period of July 1, 2017 through June 30, 2018.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-100.
City Manager Clay Pearson reported in order to provide timely and accurate utility
billings to City residents, the City retains the services of a 3'" party printing contractor,
Peregrine Services, Inc., in the estimated annual expenditure amount of #333,461 for
the period of July 1, 2017 through June 30, 2018.
Voting "Aye" Councilmembers Perez, Carbone, Reed, Moore, Ordeneaux, and Little.
Voting "No" None.
Motion Passed 6 to 0. '
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' Council Action — Resolution No. R2017-113 — A Resolution of the City Council of the
City of Pearland, Texas, approving recommendations of the Property Tax Resale
Committee of Brazoria County for the property located at 1818 Roy Road, A0234 H T &
B R R TRACT 49-50.
Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-113.
City Manager Clay Pearson reported Council is being asked to approve the
recommendations of the Property Tax Resale Committee of Brazoria County for the
property located at 1818 Roy Road, A0234 H T & B R R TRACT 49-50.
Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding if the property will be able to be used for something other than what
is already there.
Deputy City Attorney Lawrence Provins stated if the person purposing to purchase this
piece of property wants to do anything other than what is currently on that property they
would have to comply with the Unified Development Code (UDC). The UDC requires it
to be a private road built to City standards otherwise they will have to keep what is there
and not make improvements.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Little, and Perez.
Voting "No" None.
Motion Passed 6 to 0
Council Action — Resolution No. R2017-86 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Development Agreement with First Capital Partners, LLC, ("Developer") reciting the
responsibilities of the City and Developer associated with the development of a
residential community (Massey Oaks).
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. 2017-86.
City Manager Clay Pearson reported as Council is aware, this proposed development
agreement between the City and First Capital Partners (Developer) outlines the roles
and responsibilities of the parties with respect to the offsite infrastructure for the
development of the Massey Oaks Planned Development (PD) residential community.
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Voting "Aye" Councilmembers Reed, Moore, Perez, and Carbone. I Voting "No" None.
Motion Passed 4 to 2, with Councilmember Ordeneaux abstaining and Councilmember
Little absent from the Chambers.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None.
ADJOURNMENT
Meeting was adjourned at 8:00 p.m.
Minutes approved as submitted and/or corrected this the 26th day of June, A.D., 2017.
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Tom Reid
Mayor
ATTEST: '
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