2019-03-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, MARCH 25, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:35 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Trent Perez
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Gary Moore
Councilmember
J. David Little
Deputy City Manager
Jon Branson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Adrian Hernandez
Others in attendance: Trent Epperson Assistant City Manager, Michelle Graham Director of
Human Resources, John McDonald Director of Community Development, Chris Orlea Director of
Parks and Recreation, Cynthia Pearson Director of Finance, Johnny Spires Police Chief, Robert
Upton Director of Engineering and Capital Projects, Clarence Wittwer Director of Public Works,
Andrea Brinkley Assistant Director of Public Works, Joel Hardy Grants — Special Projects
Administrator, Joshua Lee Communication Director and Lawrence Provins Deputy City Attorney.
The invocation was given by Councilmember Carbone and the Pledge of Allegiance was led by
Mayor Pro -Tem Perez.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Perez, Councilmembers Carbone, Reed,
Hernandez, Moore, Little and Owens.
CITIZEN COMMENTS: None
PUBLIC HEARING:
Docketed Public Hearing ROW Abandonment (CR 89).
STAFF REVIEW:
City Attorney Darrin Coker stated this Hearing regarding a petition for the abandonment of a
portion of a Public Right of Way. He further made a presentation on the Right of Way requested
for abandonment and the process to complete the abandonment.
COUNCIL/STAFF DISCUSSION: None.
ADJOURNMENT:
Meeting was adjourned at 6:40 p.m.
PUBLIC HEARING:
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Docketed Public Hearing - Voluntary Annexation of approximately 13.0904 acres generally
located at 7409 Bailey Road.
STAFF REVIEW:
Grants — Special Projects Administrator Joel Hardy made a presentation to Council regarding the
Voluntary Annexation of the property generally located at 7409 Bailey Road at the property
owner's request.
CITIZEN COMMENTS:
Infinity Real Estate Group Representative Mona Miller address Council and stated she has the
contract on the property and is here with the owners to answer any questions.
Overland Group Representative Spencer Marston address Council and stated he is with the
developer of the land and is here to answer questions.
COUNCIL/STAFF DISCUSSION:
Councilmember Owens asked staff if this property falls into an existing Emergency Services
District (ESD).
Grants — Special Projects Administrator Joel Hardy stated the property falls into Emergency
Service District #4 currently but will be requested to be annexed out of ESD #4.
Councilmember Carbone thanked staff for providing notice of the annexation to the School
District.
ADJOURNMENT:
Meeting was adjourned at 6:47 p.m.
CITIZEN COMMENTS:
Melissa Washington, 2903 Amber Hill Trail, address Council on behalf of the Texas General Land
Office and stated there will be a North Brazoria County Homeowner Assistance Fair March 29th
and 30th to assist with Hurricane Harvey relief.
CONSENT AGENDA:
A. Approval of minutes of January 28, 2019, Joint Public Hearing held at 6:30 p.m.
B. Consideration and Possible Action - Excuse the Absence of Councilmember
J. David Little from the Regular Council Meeting held on March 4, 2019.
C. Consideration and Possible Action - Excuse the Absence of Councilmember
Gary Moore from the Regular Council Meetings held on February 25, 2019, and
March 4, 2019.
D. Consideration and Possible Action - Resolution No. R2019-75 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for water meter
testing and repair services with Southern Flowmeter, Inc. in the estimated
amount of $231,865.00 for the period beginning April 1, 2019 through March 31,
2020.
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E. Consideration and Possible Action - Resolution No. R2019-76 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager
or his designee to enter into a Reimbursement Agreement between the City and
the Pearland Economic Development Corporation; and an Agreement between
the City, Blue Ridge Transportation Group, LLC and Pearland Municipal
Management District No.2, associated with the SH 288 Corridor Aesthetic
Improvements Project.
F. Consideration and Possible Action - Resolution No. R2019-92 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager
or his designee to enter into a Reimbursement Agreement between the City and
the Pearland Economic Development Corporation, in accordance with an existing
Letter Finance Agreement with Pearland Municipal Management District No. 1,
associated with the Lower Kirby Master Drainage Plan Land Acquisition.
G. Consideration and Possible Action - Resolution No. R2019-83 - A Resolution
of the City Council of the City of Pearland, Texas, amending a contract with R. G.
Miller Engineers, in the additional amount of $6,145.20, for design services
associated with the Veterans Drive Lift Station Project (McLean Road to
Veterans Drive).
H. Consideration and Possible Action - Resolution No. R2019-84 - 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 Harris County Flood
Control District ("HCFCD") associated with the Green Tee Terrace Bike and
Pedestrian Trail Project.
I. Consideration and Possible Action - Resolution No. R2019-89 - A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply contract
for auto parts to Auto Plus Auto Parts, in the estimated amount of $75,000.00, for
the period of April 2nd, 2019 through April 1st, 2020.
J. Consideration and Possible Action - Resolution No. R2019-90 - A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply contract
for auto parts to XL Parts, LLC, in the estimated amount of $75,000.00, for the
period of April 2nd, 2019 through April 1st, 2020.
K. Consideration and Possible Action - Resolution No. R2019-88 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for the
purchase of SCBA cylinders and air packs, from Municipal Emergency Services,
in the amount of $140,585.00.
L. Consideration and Possible Action - Resolution No. R2019-91 - 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 for
paving services, for the period of October 1, 2018 through September 30, 2019.
M. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1358-17 - An Ordinance of the City Council of the City of
Pearland, Texas, amending non -development usage and service fees (Delores
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Fenwick Nature Center); containing a savings clause, a severability clause, a
repealer clause, providing for publication and an effective date.
N. Consideration and Possible Action - Resolution No. R2019-87 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager
or his designee to enter into a contract with Halff Associates, in the amount of
$297,171.00, for development of the City's Multi -Modal Master Plan (Trails
Master Plan and Sidewalk Gap Analysis); and authorizing the appropriation of
$162,000.00 from the Park Development Fund.
O. Consideration and Possible Action - Resolution No. R2019-93 - 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 the Texas Department
of Transportation (TxDOT), for off-site Material Testing Services associated with
Hughes Ranch Road Project (Cullen Parkway to Smith Ranch Road).
P. Consideration and Possible Action - Resolution No. R2019-82 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager
or his designee to enter into a design services contract with KIT Professionals,
Inc., in the amount of $273,068.00, associated with the Southdown Plant Ground
Storage Tank Replacement Project, and authorizing an additional appropriation
of $205,000.00 for the Project.
Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through P with the exception of Items D and L as presented on the
Consent Agenda.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Hernandez absent.
MATTERS REMOVED FROM CONSENT AGENDA:
D. Consideration and Possible Action - Resolution No. R2019-75 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a bid for water meter
testing and repair services with Southern Flowmeter, Inc. in the estimated
amount of $231,865.00 for the period beginning April 1, 2019 through March 31,
2020.
Councilmember Carbone made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-75.
Deputy City Manager Jon Branson stated this Resolution relates to a bid for Southern Flowmaster
to test the City's large meters in compliance with Texas Commission on Environmental Quality
(TCEQ) regulations and guidelines for water accountability.
Conversation ensued between Mayor Pro -Tem Perez, Deputy City Manager Jon Branson and
City Attorney Darrin Coker regarding the protection the City has against the contractor not
performing within the expectations of the contract.
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Mayor Pro -Tem Perez asked staff how the repair of the meters with be coordinated with the
addition of the planned new meters.
Director of Public Works Clarence Wittwer stated a schedule for the repairs will be maintained
just as the schedule for the planned meters has been kept.
Councilmember Little asked staff if the City decides to move forward with Advanced Metering
Infrastructure would the mandated testing still have to occur.
Director of Engineering and Capital Projects Robert Upton stated TCEQ would still require the
testing be done on the meters.
Councilmember Moore asked staff what the frequency of the TCEQ testing will be.
Director of Engineering and Capital Projects Robert Upton stated testing is an annual
requirement.
Councilmember Owens asked staff if Southern Flowmeter was made aware of the issues with the
prior contactor so to avoid the same outcome.
Director of Public Works Clarence Wittwer stated he did make Southern Flowmeter aware of prior
issues and trusts there will be no problems due to his previous experience with Southern
Flowmeter.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
L. Consideration and Possible Action - Resolution No. R2019-91 - 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 for
paving services, for the period of October 1, 2018 through September 30, 2019.
Councilmember Carbone made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-91.
Deputy City Manager Jon Branson stated every year the City enters into an Interlocal Agreement
with Brazoria County for maintenance on asphalt streets, this is the contract for the repairs.
Conversation ensued between Mayor Pro -Tem Perez and Director of Public Works Clarence
Wittwer regarding the differences in the descriptions of the roads to be repaired and the illustration
presented and what roads could be added to that plan.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
NEW BUSINESS:
Council Action - Resolution No. R2019-86 - A Resolution of the City Council of the City of
Pearland, Texas, accepting the City's comprehensive annual financial report for fiscal year 2018
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and the accompanying independent audit as presented by the accounting firm of Whitley Penn,
LLP.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Perez to approve
Resolution No. R2019-86.
Deputy City Manager Jon Branson stated this will accept the City's comprehensive annual
financial report for fiscal year 2018 and the independent audit as presented by the accounting
firm of Whitley Penn, LLP.
Whitley Penn Engagement Partner Lupe Garcia made a presentation to Council regarding the
findings of the firm and the Audit Process.
Councilmember Carbone stated the General Fund Balance should be getting higher and in
coming Budget it should be considered.
Whitley Penn Engagement Partner Lupe Garcia stated there are expenses related to Hurricane
Harvey that have not been reimbursed and once that occurs the General Fund Balance should
look better.
Councilmember Moore asked what the fund balance will be once the Hurricane Harvey funds
have been reimbursed.
Whitley Penn Engagement Partner Lupe Garcia provided the projected increase in the General
Fund Balance.
Councilmember Moore asked what caused the General Fund Balance to drop in the years 2016
and 2017.
Deputy City Manager Jon Branson stated it was a decision made to lower that fund balance by
funding projects and expenditures for work that needed to be performed.
Councilmember Little stated once the Hurricane Harvey reimbursements come in the City will be
where it needs to be on the General Fund Balance.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
Council Action - Resolution No. R2019-66 - 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 six (6) pieces of heavy equipment, in the amount of $703,030.00, from Dogget Heavy
Machinery.
Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-66.
Deputy City Manager Jon Branson stated staff is recommending the City to enter into an Interlocal
Agreement to replace worn out equipment and to purchase a new piece of heavy equipment to
make moving materials more efficient.
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Conversation ensued between Councilmember Little and Director of Public Works Clarence
Wittwer regarding the replacement equipment and salvaging the out of service equipment.
Fleet Superintendent Jacoby Perkins stated there is a salvage value to the equipment through
the use of an auction.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
First Reading of Ordinance No. 1572 - An Ordinance of the City Council of the City of Pearland,
Texas, abandoning a portion of certain right-of-way and easements recorded in the plat records
of, Brazoria County, Texas, within the corporate city limits of Pearland, Brazoria County, Texas;
having a savings clause and a severability clause; and providing for an effective date.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1572 on its First Reading.
Deputy City Manager Jon Branson stated this is the item from the Public Hearing earlier in this
Agenda.
City Attorney Darrin Coker stated this is an abandonment of a portion of County Road 89 where
it intersects with Cullen Boulevard. He further stated the City does not have need for the Right of
Way and the requestor has met all of the conditions.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
Council Action - Resolution No. R2019-78 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager and/or the Chief Financial Officer to negotiate and
execute any and all contracts and other documents incident to establishing bank and investment
account(s) for the purpose of investing in authorized investments and financial institution deposits.
Councilmember Moore made the motion, seconded by Councilmember Reed to approve
Resolution No. R2019-78.
Deputy City Manager Jon Branson stated this is to negotiate and execute all contracts and other
documents involving establishing bank and investment account(s) for the purpose of investing in
authorized investments and financial institution deposits.
Councilmember Little stated the language of the Resolution states "any and all" but the idea of it
is to execute two specific contracts.
Vallyview Consulting Representative Susan Anderson stated the intent of the item is to obtain a
Certificate of Deposit and it will establish a standardized agreement for collateral. She further
stated it will establish two people who can sign off on those types of agreements and shows the
bank who is authorized to sign.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
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Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
Council Action - Resolution No. R2019-94 - A Resolution of the City Council of the City of
Pearland, Texas, accepting the Final Report of the Ad Hoc Committee on the Unified
Development Code (UDC).
Councilmember Owens made the motion, seconded by Councilmember Moore to approve
Resolution R2019-94.
Deputy City Manager Jon Branson stated at the authorization of the Council an Ad Hoc Committee
was created and this will accept that committee's Final Report.
Director of Community Development John McDonald provided the findings of the Ad Hoc
Committee and its recommendations.
Voting "Aye" Councilmember Carbone, Reed, Perez, Little, Moore and Owens.
Voting "No" None
Motion passed 6 to 0 with Councilmember Hernandez absent.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:00 p.m.
Minutes approved as submitted and/or corrected this the 10th day of June, A.D., 2019.
D7nd
Tom Reid
Mayor
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