2018-02-12 CITY COUNCIL REGULAR MEETING MINUTES' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 12, 2018 AT 6:30 P.M., IN
THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:40 p.m. with the fallowing present:
Mayor
Tom Reid
Mayor Pro -Tem
Derrick Reed
Councilmember
Tony Carbone
Councilmember
Gary Moore
Councilmember
Keith Ordeneaux
Councilmember
J. David Little
Councilmember
Trent Perez
Councilmember
Woody Owens
City Manager
Clay Pearson
Deputy City Attorney
Lawrence Provins
City Secretary
Young Lorfing
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; Trent Epperson Assistant City Manager; John
McDonald Director of Community Development; Jimontanae McBride City Planner;
' John McCarter Budget Officer; Chris Odea Director of Parks and Recreation; Cynthia
Pearson Director of Finance; Kim Sinistore Executive Director of the
ConventionNisitors Bureau; Johnny Spires Police Chief; Robert Upton City Engineer;
Eric Wilson Director of Public Works; Carry Capers Interim Communications Director;
Andrea Brinkley Assistant Director of Public Works; Joel Hardy Interim Management
Assistant.
The invocation was given by Mayor Pro -Tem Reed and the Pledge of Allegiance was
led by Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Reed, Councilmembers Carbone, Moore,
Ordeneaux, Little, Perez and Owens.
CITIZENS COMMENTS:
Heather Zayas, 2303 Harbor Chase Drive, addressed Council stating her concerns
regarding a reduction of communication regarding the status of the Blue Ridge Landfill
odor situation. She thanked the City for updating the City's Odor Task Force website.
She asked that the City remain in the lead of communication with regards of the status
of the situation. Municipal Utility District #1 and #26 support the City with their ongoing
I
efforts with this situation. She thanked Mayor Pro -Tem Reed for ensuring the safety of
students as they transport to and from school and that the students biking and walking
remain at the forefront of conversation.
Page 1 of 12 — 2/12/2018
Donna McLain, 2810 Newbury Court, addressed Council stating she is representing the '
senior members of the Knapp Senior Center. She stated the concerns regarding the
employee staff and the overall treatment of the senior members.
CKel;1`14:ItiSH 4:I •
A. Approval of Minutes:
1. Minutes of December 18, 2017, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1497-5 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 14974 as it applies to certain
times and limits for school zones established for vehicles under the
provisions of the Texas Transportation Code (Alvin ISD School zone start
times and the school zone limits of Mary Burks Elementary and Nolan Ryan
Junior High), upon certain streets and highways, of parts thereof, within the
corporate limits of the City of Pearland, as set out in this ordinance; and
providing a penalty.
C. Consideration and Possible Action - Resolution No. R2018-38 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in an interlocal cooperative '
pricing arrangement with the Houston -Galveston Area Council (HGAC) for
the purchase of Police Department In -car video camera systems from
WatchGuard Video, in the estimated amount of $91,668.00.
D. Consideration and Possible Action - Resolution No. R2018-32 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement with the Houston -Galveston Area Council (H -GAC) for
the purchase of Police Department radio equipment from Motorola
Solutions, Inc., in the estimated amount of $77,135.40.
E. Consideration and Possible Action - Resolution No. R2018-28 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for disaster recovery and public assistance services with DCMC
Partners, associated with the Hurricane Harvey recovery, in an additional
amount not to exceed $200,000.00.
F. Consideration and Possible Action Resolution No. R201834 - A
Resolution and Order of the City Council of the City of Pearland, Texas,
ordering the holding of a General Election to be held on Saturday, May 5,
2018, for the purpose of electing Councilmember Position No. 2 and '
Councilmember Position No. 4 for a three year term in and for the City of
Page 2 of 12 - 2/12/2018
' Pearland, Texas; establishing polling places; naming clerks; and
establishing procedures for said Regular City Officers Election.
G. Consideration and Possible Action — Resolution No. R2018-33 — A
Resolution of the City Council of the City of Pearland, Texas, conveying a
drainage easement to Brazoria Drainage District No. 4 for the construction
and maintenance of drainage facilities associated with Hickory Slough.
H. Consideration and Possible Action — Resolution No. R2018-37 - A
Resolution of the City Council of the City of Pearland, Texas, setting a
public hearing on amendments to the Land Use Assumptions and Capital
Improvements Plan associated with a proposed Impact Fee Increase.
MATTERS REMOVED FROM CONSENT AGENDA:
Mayor Reid stated Staff would like to postpone Consent Agenda Item C to the next
Regular Council meeting, February 26, 2018.
Councilmember Carbone asked that Consent Agenda Item E be removed from the
Consent Agenda for further discussion.
' Councilmember Perez asked that Consent Agenda Item G be removed from the Consent
Agenda for further discussion.
Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through H with the exception of Items C, E and G as presented
on the Consent Agenda.
Voting "Aye' Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
As requested by Councilmember Carbone Consent Agenda Item E was removed for
further discussion.
E. Consideration and Possible Action — Resolution No. R2018-28 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
' contract for disaster recovery and public assistance services with DCMC
Partners, associated with the Hurricane Harvey recovery, in an additional
amount not to exceed $200,000.00.
Page 3 of 12 — 2/12/2018
Councilmember Carbone made the motion, seconded by Councilmember Moore to '
approve Resolution No. R2018-28.
City Manager Clay Pearson reported the City has selected to use DCMC Partners to
facilitate the recovery of expenditures used to cover debris removal, emergency
protective measures, and repairs to our facilities, equipment, roads and utilities needed
as a result of damage from Hurricane Harvey.
Councilmember Carbone asked for the public if the City Manager could speak on how
this is being handled from a budget standpoint.
City Manager Clay Pearson stated for the hurricane expense staff had not anticipated the
amount fully when the budget was adopted. There is enough General Fund expenditures
to handle this during the year. Staff will be seeking the reimbursement from the Federal
Government.
Discussion ensued between Councilmember Owens and Assistant City Manager Trent
Epperson regarding to date 80% of the expenditures are direct administrative costs which
are reimbursable from FEMA.
City Manager Clay Pearson thanked staff for the great job they have been doing over and
above their regular duties. '
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
As requested by Councilmember Perez Consent Agenda Item G was removed for further
discussion.
G. Consideration and Possible Action — Resolution No. R2018-33 — A
Resolution of the City Council of the City of Pearland, Texas, conveying a
drainage easement to Brazoria Drainage District No. 4 for the construction
and maintenance of drainage facilities associated with Hickory Slough.
Councilmember Carbone made the motion, seconded by Councilmember Moore to
approve Resolution No. R2018-33.
Page 4 of 12 — 2/12/2018
' City Manager Clay Pearson reported as is standard practice with the development of
property, the District has requested the dedication of the ultimate drainage easement
through City owned property to accommodate the future drainage requirements and the
ultimate channel with associated with Hickory Slough.
Discussion ensued between Councilmember Perez and Deputy City Attorney Lawrence
Provins regarding allocating an entire track to Brazoria County Drainage District No. 4 for
more options.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0.
NEW BUSINESS:
First Reading of Ordinance No. 1517-2 - An Ordinance of the City Council of the City
of Pearland, Texas, amending portions of the Thoroughfare Plan portion of the City's
Comprehensive Plan; having a savings clause, a severability clause, and a repealer
' clause; providing for codification, publication and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Reed to approve
Ordinance No. 1517-2 on its First Reading.
City Manager Clay Pearson asked Council to approve the amendment of portions of the
Thoroughfare Plan portion of the City's Comprehensive Plan.
Discussion ensued between Councilmember Moore and City Manager Clay Pearson
regarding making changes to roads going through or dead end requiring more analysis
and background would fit better with the next edit of the Thoroughfare Plan.
Councilmember Perez stated there is some minor components and beneficial cleanup
that is needed. He thanked staff and is looking forward to a more major update of the
Thoroughfare Plan.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and
Carbone.
Voting "No" None.
' Motion Passed 7 to 0.
Page 5 of 12 — 2/12/2018
First and Only Reading of Ordinance No. 1646-1 - An Ordinance of the City Council of '
the City of Pearland, Texas, amending Ordinance No. 1546 and extending (until February
1, 2019) the provision therein that temporarily suspends all regulations relating to the
placement of trailers and recreational vehicles and adopting temporary regulations
including but not limited to conditional permits, placement, maintenance, utilities, removal,
sanitation, and other related health and safety matters for trailers and recreational
vehicles located on residential and commercial properties in response to widespread
damage caused by Hurricane Harvey; making various findings and provisions related to
the subject; and declaring an emergency.
Mayor Pro -Tem Reed made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1546-1 on its First and Only Reading.
Director of Community Development John McDonald reported on extending (until
February 1, 2019) the provision to temporarily suspends all regulations relating to the
substantial damage to residential areas throughout Pearland caused by Hurricane
Harvey.
Councilmember Ordeneaux stated he does not have a problem with the Federal
Emergency Management Agency (FEMA) temporary units. If someone does not have a
place to live, that is the only option. They are only intended for temporary usage.
Discussion ensued between Councilmember Perez and Director of Community
'
Development John McDonald regarding the Mobil Housing Units (MHU's) will be removed
when required, whether at the expiration of the eighteen month period or before.
Discussion ensued between Councilmember Moore and Director of Community
Development John McDonald regarding the location of the Mobil Housing Units if allowed.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
amend the motion by removing the restriction for "FEMA alternative units" and the City
allow the Federal Emergency Management Agency (FEMA) alternative units.
Deputy City Attorney Lawrence Provins stated if this amendment passes having the
guidelines for removing the alternative units in place at the same time as making this
amendment will be easier to enforce, but Legal does not have that language tonight.
Jonah Chen with the General Land Office stated the City can pass regulations or a policy
to insure removal of the aftemative units. If the individual does not comply or respond to
the FEMA caseworker who checks in with the individual monthly will face steep penalties.
If the individual continues not to comply the Department of Justice gets involved.
Councilmember Perez stated to allow things to move forward to go with the amendment
tonight and handle the process later.
'
Page 6 of 12 — 2/12/2018
' Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, Little, Perez, Owens and
Carbone.
Voting "No" None.
Motion Passed 7 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Reed, Ordeneaux, Little, Perez, Owens, Carbone and
Moore.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2018-31 -A Resolution of the City Council of the City
of Pearland, Texas, awarding a unit supply bid for mechanical services (maintenance and
repairs) associated with Public Works facilities to STP Services, in the estimated amount
of $650,000.00, for the period of February 19, 2018 to February 18, 2019.
Councilmember Ordeneaux made the motion, seconded by Councilmember Moore to
approve Resolution No. R2018-31.
City Manager Clay Pearson reported Council is being asked to award a unit supply bid
for mechanical services (maintenance and repairs) associated with Public Works facilities
to STP Services.
Discussion ensued between Councilmember Moore and Purchasing Officer Bob Pearce
regarding the number of bids received for the last bid opening.
Discussion ensued between Councilmember Perez and Director of Public Works Eric
Wilson regarding if the $650,000.00 will be sufficient to cover maintenance and repairs
for a year and clarification regarding the 15% over any parts and materials.
Councilmember Perez stated when this contract comes up again he would like to see
language that caps the price the outside contractor can spend. He further stated 15% is
a large value for material cost.
' Discussion ensued between Councilmember Owens and Director of Public Works Eric
Wilson regarding clarification of the estimated amount for maintenance and repairs.
Page 7 of 12 — 2/12/2018
Councilmember Carbone left the Council Chamber at 7:37 p.m. '
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Owens, Moore and Reed.
Voting "No" None.
Motion Passed 6 to 0, with Councilmember Carbone absent from the Chamber.
Councilmember Carbone returned to the Council Chamber at 7:43 p.m.
Council Action — Resolution No. R2018-27 - A Resolution of the City Council of the City
of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title
and an access/drainage easement to certain property for the Old Alvin Road Detention
Project; being fee simple title to all that certain 3.0023 acres out of Lot 25, W. Zychlinski
Subdivision according to the plat thereof as filed in Volume 29, Page 43 Brazoria County
Deed Records, H. T, & B, R.R. Company Survey, Abstract 233, Pearland, Brazoria
County, Texas and being out of that certain tract as described in a deed dated 08-21-
2006 from John Alexander to John Alexander Family Limited Partnership as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2006-050334;
and an access/drainage easement to all that certain 0.6623 acre out of Lot 25, W.
Zychlinski Subdivision according to the plat thereof as filed in Volume 29, Page 43
Brazoria County Deed Records, H. T, & B, R.R. Company Survey, Abstract 233, ,
Pearland, Brazoria County, Texas and being out of that certain tract as described in a
deed dated 08-21-2006 from John Alexander to John Alexander Family Limited
Partnership as filed in the Official Records of Real Property of Brazoria County at Clerk's
File Number 2006-050334; for the construction and maintenance of drainage and
detention pond 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.
Deputy City Attorney Lawrence Provins read aloud the entire caption as required by State
Law.
Councilmember Little made the motion, seconded by Mayor Pro -Tem Reed to approve
Resolution No. R2018-27.
City Manager Clay Pearson reported part of the Old Alvin Road Reconstruction Project
includes acquiring certain real property located north of the City's Animal Control facility
on Old Alvin Road. The parties are not close to reaching an agreed value, which forces
the City to acquire the property through eminent domain.
Discussion ensued between Councilmember Moore and Assistant City Manager Trent
Epperson regarding discussion with the property owner regarding the detention.
Page 8 of 12 — 2/12/2018
' Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding the drainage and easement.
Voting "Aye" Councilmembers Little, Perez, Owens, Carbone, Moore, Reed and
Ordeneaux.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2018-29 -A Resolution of the City Council of the City
of Pearland, Texas, awarding a bid for construction services associated with the
Reflection Bay Fiber Project (Reflection Bay Water Reclamation Facility and traffic signal
network along Shadow Creek Parkway), to TDC2, LLC, in the amount of $359,713.90.
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2018-29.
City Manager Clay Pearson reported Council is being asked to award a bid for
construction services associated with the Reflection Bay Fiber Project to TDC2, LLC.
Discussion ensued between Councilmember Perez and
City
Engineer
Robert Upton
'
regarding the construction method used for this project.
Discussion ensued between Councilmember Moore and City Engineer Robert Upton
regarding the construction will accommodate the growth in that area.
Voting "Aye" Councilmembers Perez, Owens, Carbone, Moore, Reed, Ordeneaux and
Little.
Voting "No" None.
Motion Passed 7 to 0.
Council Action — Resolution No. R2018-21- A Resolution of the City Council of the City
of Pearland, Texas, approving a change order with Construction Masters of Houston, Inc.,
in the amount of $87,472.06 associated with the Delores Fenwick Nature Center Project
(Fire Protection Improvements).
Councilmember Owens made the motion, seconded by Councilmember Moore to
approve Resolution No. R2018-21.
Page 9 of 12 — 2/12/2018
City Manager Clay Pearson reported Council is being asked for approval of a change
order with Construction Masters of Houston, Inc. associated with the Delores Fenwick
Nature Center Project.
Discussion ensued between Councilmember Owens and City Manager Clay Pearson
regarding the schedules and an adequate number of staff to complete the project.
Discussion ensued between Councilmember Carbone and Assistant City Manager Trent
Epperson regarding the occupancy load of the Nature Center and Fire Sprinkler system.
Fire Marshal Greg Bozdech clarified the required Fire Sprinkler system and the hose lines
must be able to reach all points of the exterior of the building within 150 feet of the fire
apparatus.
Voting "Aye" Councilmembers Owens, Moore, Reed, Ordeneaux, Little and Perez.
Voting "No" Councilmember Carbone.
Motion Passed 6 to 1.
MAYORICOUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:
Discussion and Possible Direction - To City Staff to amend the Unified Development '
Code (UDC); Chapter 3, Subdivision Regulations; Article 1, Subdivision Procedures;
Division 1, Provisions Applicable to All Platting Procedures; Section 3.1.1.1,(c)
Applicability; and Chapter 4, Site Development; Article I, Development Procedures and
Requirements; Division 3, Improvements Required Upon Expansion; Section 4.1.3.2,
Improvements & Related Triggers; to increase the minimum expansion size required to
trigger requirements for platting, and/or conformance with the most current requirements
of the UDC.
City Manager Clay Pearson reported on the amended Unified Development Code (UDC).
Councilmember Ordeneaux stated a flat number makes no sense. Using a percentage is
a much fairer way. He does not see where this promotes small business growth or already
developed areas. He further stated this has not come up before because this is the first
time anyone has done any major renovations. As areas of Peadand age how is the City
going to allow those areas to grow and re -develop.
Councilmember Moore stated some of the older businesses in Peadand would like to
expand their business, but if they do they lose their grandfather clause. This is a good
plan to do a percentage of the square footage.
Page 10 of 12 — 2/12/2018
' Councilmember Perez stated the square footage is arbitrary. It needs to be changed, but
change it to something that is tied to the evaluation of the property and not an arbitrary
number about their expansion. He further stated Council agrees something needs to be
changed, but he does not think the square footage is going to be the best pool. Council
can asked Staff to research some of the other Cities that look at the evaluation of the
property.
Deputy City Manager Jon Branson stated the direction from Council is for staff to bring
back information regarding the percentage of square footage.
Council adjourned into Executive Session under Texas government Code at 8:21 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Executive Session — Section 551-072 — Consultation with City Attorney —
Regarding the sale, lease, or purchase of real property associated with flood
mitigation.
Council returned from Executive Session at 9:56 p.m.
' New Business Continued:
Council Action — Regarding the sale, lease, or purchase of real property associated with
flood mitigation.
Councilmember Carbone made the motion, seconded by Councilmember Moore for Staff
to proceed as discussed in Executive Session with the acquisition of land relating to flood
mitigation.
Voting "Aye" Councilmembers Carbone, Moore, Reed, Ordeneaux, Little, Perez and
Owens.
Voting "No" None.
Motion Passed 7 to 0
Page 11 of 12 — 2/12/2018
ADJOURNMENT '
Meeting was adjourned at 9:57 p.m.
Minutes approved as submitted and/or corrected this the 2611 day of March, A.D., 2018.
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Tom Reid �/ Ll
Mayor
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Page 12 of 12 — 2/12/2018