2019-07-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, JULY 8, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:30 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
J. David Little
Councilmember
Luke Orlando
Councilmember
Derrick Reed
Councilmember
Gary Moore
Councilmember
Adrian Hernandez
Councilmember
Trent Perez
City Manager
Clay Pearson
City Attorney
Darrin Coker
Interim City Secretary
Maria Rodriguez
Absent: Councilmember Owens
Others in attendance: Jon Branson Deputy City Manager, Matt Buchanan President of EDC, Trent
Epperson Assistant City Manager, John McCarter Assistant Finance Director, Chris Orlea Director
of Parks and Recreation, Cynthia Pearson Director of Finance, Vance Riley Fire Chief, Johnny
Spires Police Chief, Robert Upton Director of Engineering and Capital Projects, Andrea Brinkley
Assistant Director of Public Works, Joel Hardy Grants — Special Projects Administrator, Joshua
Lee Communications Director and Lawrence Provins Deputy City Attorney.
The invocation was given by Mayor Pro -Tem Little and the Pledge of Allegiance was led by Wes
Randall from Boy Scout Troop # 468.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Little, Councilmembers Orlando, Reed, Moore,
Hernandez and Perez.
CITIZEN COMMENTS:
Randy Bailey, 2217 Verona Dr, addressed Council on behalf of his neighbors and spoke in
opposition of a residence in the neighborhood that is being used as a bar and party venue.
Bill Wiatrak, 2219 Verona, addressed Council as the homeowner of the residence used as a bar.
He stated he was unaware of the issues and will shut the bar down.
Jimmy Davis, 5004 Colmesneil Street, addressed Council and spoke regarding the July 4th
Celebration at Independence Park.
Marie Ferguson, 11315 Enclave Lake, addressed Council and spoke in regards to a home being
used as an Air BnB destination.
James Howard, 2301 Scarlatti Drive, addressed Council and spoke regarding the home on
Verona Drive being used as a party venue.
Terry Roberson, 2013 Anchor Bay, addressed Council and spoke in regards to the residence
being used as an Air BnB.
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Candy Alanis, 2213 Verona Drive, addressed Council and spoke in regards to the residence in
her neighborhood being used as a bar and party venue.
Dorsey Rushing, 2307 Scarlatti Drive, addressed Council and also spoke in regards to the
residence on Verona Drive being used as a bar.
Julie Dunn, 2207 Fairway Circle, addressed Council and stated her concerns with the home on
Verona Drive.
Renee Braun, 2302 Erin Drive, addressed Council and spoke in regards to the residence on
Verona Drive being used as a party venue.
Mayor Reid called recess at 7:00 p.m.
Mayor Reid called the session to order.
PUBLIC HEARING: None
CONSENT AGENDA:
A. Consideration and Possible Action — Second and Final Reading of Ordinance No.
1579 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing
the issuance of City of Pearland, Texas, water and sewer system revenue bonds,
series 2019A; prescribing the terms thereof; providing for the payment thereof; awarding
the sale thereof; making other provisions regarding such bonds and matters incident
thereto.
B. Consideration and Possible Action — Second and Final Reading of Ordinance No.
1577 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing
issuance of City of Pearland, Texas, water and sewer system revenue and refunding
bonds, series 2019B; prescribing the terms and conditions thereof; providing for the
payment thereof; establishing parameters with respect to the sale of the bonds;
authorizing the preparation and distribution of an official statement to be used in
connection with the sale of the bonds; making other provisions regarding such bonds and
matters incident thereto; authorizing execution and delivery of a paying agent/registrar
agreement and an escrow agreement; and containing other matters related thereto.
C. Consideration and Possible Action — Second and Final Reading of Ordinance
No.1578 -An Ordinance of the City Council of the City of Pearland, Texas, authorizing
the issuance of City of Pearland, Texas, permanent improvement and/or refunding
bonds in one or more series; setting certain parameters for the bonds; authorizing
refunding of certain outstanding obligations; authorizing a pricing officer to approve the
amount, the interest rate, price, and terms thereof and certain other procedures and
provisions relating thereto.
D. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1574 - An Ordinance extending the city limits of the City of Pearland, Texas, to include
certain land area within certain limits and boundaries and annexing to the City of
Pearland the area within such limits and boundaries (approximately 93 acres
generally located west of County Road 48 between County Road 59 and County Road
895); containing an effective date and other provisions related to the subject; and
providing a savings and severability clause.
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E. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1575 - An Ordinance extending the city limits of the City of Pearland, Texas, to include
certain land area within certain limits and boundaries and annexing to the City of
Pearland the area within such limits and boundaries (approximately 7.2 acres
generally located west of County Road 48 between County Road 59 and County Road
895); containing an effective date and other provisions related to the subject; and
providing a savings and severability clause.
F. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1576 - An Ordinance extending the city limits of the City of Pearland, Texas, to include
certain land area within certain limits and boundaries and annexing to the City of
Pearland the area within such limits and boundaries (approximately 0.56 acres
generally located at 2535 Stevenson Road); containing an effective date and other
provisions related to the subject; and providing a savings and severability clause.
G. Consideration and Possible Action - Resolution No. R2019-161 - A Resolution of the
City Council of the City of Pearland, Texas, awarding a construction services contract
for the Veterans Road Lift Station Project, to Reliance Construction Services, in the
amount of $298,619.00.
H. Consideration and Possible Action - Resolution No. R2019-162 - A Resolution of the
City Council of the City of Pearland, Texas, authorizing a construction materials testing
contract with Ninyo & Moore Geotechnical Environmental Science Consultants, in the
amount of $128,755.00, for the McHard Road Trunk Sewer and Waterline Project
(Phase 2; Cullen Boulevard to Mykawa Road).
I. Consideration and Possible Action - Resolution No. R2019-169 - 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 Binkley & Barfield Consulting Engineers, in the
amount of $199,807.00, for design services associated with the Piper Road Drainage
Project.
J. Consideration and Possible Action - Resolution No. R2019-164 - 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 ARKK Engineers, LLC, in the amount of
$187,860.00, for design services associated with the Mimosa Acres Drainage
Improvement Project.
K. Consideration and Possible Action - Resolution No. R2019-168 - 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 ARKK Engineers, LLC, in the amount of
$228,205.00, for design services associated with the Neighborhood Street
Reconstruction Project (Linwood Oaks Subdivision).
L. Consideration and Possible Action - Resolution No. R2019-166 - A Resolution of the
City Council of the City of Pearland, Texas, authorizing the City Manager or his
L designee to enter into a contract with Alliance Transportation Group, in the amount
of $125,581.25, for design services associated with the Pearland Parkway Traffic Signal
and Intersection Improvement Project.
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M. Consideration and Possible Action - Resolution No. R2019-167 - A Resolution of the
City Council of the City of Pearland, Texas, awarding a bid for resurfacing the
Recreation Center & Natatorium pool deck, to Hancock Pool Services, in the amount of
$175,397.00.
N. Consideration and Possible Action - Resolution No. R2019-171 -A Resolution of the
City Council of the City of Pearland, Texas, authorizing a contract with MBCO
Engineering and Surveying for engineering design services associated with the Survey
Control Monument (Benchmark) Project, in the estimated amount of $102,877.95.
O. Consideration and Possible Action - Resolution No. R2019-172 - A Resolution of the
City Council of the City of Pearland, Texas, approving a Seismic Testing Permit for the
area generally located south of McKeever Road and west of SH 35.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to adopt
Consent Agenda Items A through O with the exception of Item G and Item M, as presented on
the Consent Agenda.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Owens absent.
MATTERS REMOVED FROM CONSENT AGENDA:
G. Consideration and Possible Action - Resolution No. R2019-161 - A Resolution of the
City Council of the City of Pearland, Texas, awarding a construction services contract for
the Veterans Road Lift Station Project, to Reliance Construction Services, in the amount
of $298,619.00.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-161.
City Manager Clay Pearson stated this is awarding a construction services contract for the
Veterans Road Lift Station Project to Reliance Construction Services.
Conversation ensued between Councilmember Perez, Councilmember Reed and staff regarding
disqualifying imbalanced bids and creating a policy for when a bid can be disqualified.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Owens absent.
M. Consideration and Possible Action - Resolution No. R2019-167 - A Resolution of the
City Council of the City of Pearland, Texas, awarding a bid for resurfacing the
Recreation Center & Natatorium pool deck, to Hancock Pool Services, in the amount of
$175,397.00.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-167.
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City Manager Clay Pearson stated this is awarding a bid for resurfacing the Recreation Center &
Natatorium pool deck to Hancock Pool Services.
Councilmember Moore asked staff if the surface being applied on this repair will last the same
amount of time or longer than the prior surface used.
Director of Parks and Recreation Chris Orlea stated this surface will be used on top of the existing
surface, where still useable, and should have approximately 15 to 20 years of useful life.
Voting "Aye" Councilmember Orlando, Reed, Hernandez and Perez.
Voting "No" Councilmember Moore and Little.
Motion passed 4 to 2 with Councilmember Owens absent.
NEW BUSINESS:
First Reading of Ordinance No. 2000M-186 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 2000M, the zoning map ofthe City of Pearland, Texas,
forthe purpose of changing the classification of certain property, Tract (1): Being a tract containing
0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County;
being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described
by deed recorded in Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots
5 and 6, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas.
Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11,
Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed
to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No.
2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded
subdivision in Brazoria County, Texas. Tract (3): Being the residue of Lots 7 and 8 of Airport Sites
Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the
Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria
County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797,
Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously
conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of
Brazoria County, Texas. (3718, 3804 & 3806 E. Walnut Street, Pearland Texas) Zone Change
Application No. ZONE 19-00012, a request by Kevin Cole, applicant, on behalf of Great Barrier,
LLC (Series D), owner, for approval of a zoning change from General Commercial District (GC)
to Planned Development District (PD), on approximately 0.439 acres of land; providing for an
amendment of the zoning district map; containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Moore made the motion, seconded by Councilmember Hernandez to adopt
Ordinance No. 2000M-186.
City Manager Clay Pearson stated this is for approval of a zoning change from General
Commercial District (GC) to Planned Development District (PD) at 3718, 3804 and 3808 E. Walnut
Street.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez and Moore.
it Voting "No" None.
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Motion passed 5 to 0 with Councilmember Perez recusing himself and Councilmember Owens
absent.
First Reading of Ordinance No. 2000M-187 -An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas,
for the purpose of changing the classification of certain property, Being a 62.46 acres tract of land
located in the H.T. & B RR Company Survey, Abstract No. 551, Brazoria County, Texas, said
62.46 acre tract also being out of a called 38.57 acre tract conveyed to Forgotten Angels Inc. as
per an instrument recorded under Brazoria County Clerk's File No. 05-002608 of the Official
Records of Brazoria County, Texas and a called 31.628 acre tract as per an instrument recorded
in Volume 92-1024, Page 275 of the Official Records of Brazoria County, Texas. (3900 Block of
Pearland Parkway, Pearland, Texas) Zone Change Application No. ZONE 19-00001, a request
by Justin Barnett, R. West Development Co, Inc., applicant, on behalf of Triangle 31 LLC, owner,
for approval of a zoning change from Single -family Residential-4 (R-4) and Light Industrial (M-1)
to Planned Development (PD), on approximately 62.46 acres of land; providing for an amendment
of the zoning district map; containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Mayor Pro-Tem Little made the motion, seconded by Councilmember Moore to postpone
Ordinance No. 2000M-187 until further notice.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" None.
Motion to postpone passed 6 to 0 with Councilmember Owens absent.
Council Action - Resolution No. R2019-148 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid to Reddico Construction Company, Inc., in the amount of
$5,138,949.90, for construction of the McHard Road Trunk Sewer and the construction of the
Waterline Phase 2 Project,
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-148.
City Manager Clay Pearson stated this will award a bid to Reddico Construction Company, Inc.,
for construction of the McHard Road Trunk Sewer and the construction of the Waterline Phase 2
Project.
Conversation ensued between Mayor Pro-Tem Little and Director of Engineering and Capital
Projects regarding why the Trunk Sewer line and the Water line are not being run the same
distance.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Owens absent.
Council Action - Resolution No. R2019-160 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract with IDS Engineering Group for design services,
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associated with the West Lea Subdivision Drainage Improvement Project, in the amount of
$552,780.00.
Mayor Pro -Tem Little made the motion, seconded by Councilmember Hernandez to approve
Resolution No. R2019-160.
City Manager Clay Pearson stated this would authorize a contract with IDS Engineering Group
for design services, associated with the West Lea Subdivision Drainage Improvement Project.
Voting "Aye" Councilmember Orlando, Reed, Little, Moore and Perez.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Hernandez absent from the Chambers and
Councilmember Owens absent.
Council Action - Resolution No. R2019-159 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract with Quorum Architects for architectural design services,
associated with the Animal Services Shelter Construction Project, in the amount of $769,565.00.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Little to approve
Resolution No. R2019-159.
City Manager Clay Pearson stated this is regarding a contract with Quorum Architects for
architectural design services, associated with the Animal Services Shelter Construction Project.
Councilmember Perez stated the City needs to set options up for budgeting the Animal Control
building after the design services have been performed.
City Manager Clay Pearson spoke regarding how the plans were designed to meet the needs of
the Animal Shelter and the voter's decision to approve this at the Bond Election.
Conversation ensued between Council and staff regarding budgeting and the ability to review the
budget as the project is carried out.
Voting "Aye" Councilmember Orlando, Little, Hernandez, Moore and Perez.
Voting "No" Councilmember Reed and Little.
Motion passed 4 to 2 with Councilmember Owens absent.
Council Action - Resolution No. R2019-165 - 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
Alliance Transportation Group, in the amount of $389,404.00, for design services associated with
the Pearland Parkway Traffic Circle Project.
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-165.
City Manager Clay Pearson stated this will authorize the City Manager or his designee to enter
into a contract with Alliance Transportation Group for design services associated with the
Pearland Parkway Traffic Circle Project.
Councilmember Perez stated his concern regarding the timing on this project.
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Mayor Pro -Tem Little stated the project was not necessary and traffic flow is manageable at this
time.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez and Perez.
Voting "No" Councilmember Moore.
Motion passed 5 to 1 with Councilmember Owens absent.
Council Action - Resolution No. R2019-152 - 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 Pearland Independent School District for the School Resource Officer
Program.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-152.
City Manager Clay Pearson stated this is authorizing the City Manager or his designee to enter
into an Interlocal Agreement with the Pearland Independent School District for the School
Resource Officer Program.
Councilmember Hernandez stated it is important to keep this program going as long as possible
and is an asset to the City.
Conversation ensued between Councilmember Perez and City Manager Clay Pearson regarding
the plan to continue this contract after the term.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Owens absent.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas government Code at 8:00 p.m. to discuss
the following:
1. Executive Session- Section 551.074 - Personnel Matters - Regarding appointments to
the Boards and Commissions
2. Executive Session - Section 551.071 - Consultation with the City Attorney - Regarding
pending and potential litigation.
Council returned from Executive Session at 9:02 p.m.
NEW BUSINESS CONTINUED:
Council Action - Regarding appointments to the Boards and Commission.
Councilmember Reed read the item into record with no action taken.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None
OTHER BUSINESS: None
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L
ADJOURNMENT
Meeting was adjourned at 9:03 p.m.
Minutes approved as submitted and/or corrected this the 16t' day of September. A.D., 2019.
Maria E. Rodriguez
Interim City Secretary
Tom Reid
Mayor
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ATTEST: ,,
............
Maria E. Rodriguez
Interim City Secretary
Tom Reid
Mayor
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