2019-08-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, AUGUST 12, 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
Councilmember Luke Orlando
Councilmember Gary Moore
Councilmember Adrian Hernandez
Councilmember Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
Interim City Secretary Maria Rodriguez
Absent: Councilmember Reed and Mayor Pro -Tem Little.
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 Councilmember Owens and the Pledge of Allegiance was led by
Councilmember Hernandez.
ROLL CALL: Mayor Reid, Councilmembers Orlando, Moore, Hernandez, Perez and Owens.
CITIZEN COMMENTS: None
PUBLIC HEARING:
Docketed Public Hearing - Sixty Foot (60") ROW Abandonment generally located at the southwest
corner of Magnolia Parkway and FM 1128.
STAFF REVIEW:
City Attorney Darrin Coker presented to Council regarding the request to abandon the unused
Right of Way located at the southwest corner of Magnolia Parkway and FM 1128.
CITIZEN COMMENTS: None
COUNCIL/STAFF DISCUSSION:
Conversation ensued between Councilmember Perez and staff regarding access to the property
after the approval of the Right of Way abandonment.
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Property owner Jennifer Evans, 5205 Kincaid Road, addressed Council and provided the plan for
this property moving forward.
ADJOURNMENT OF THE PUBLIC HEARING
Mayor Reid adjourned the Public Hearing at 6:40 p.m.
CONSENT AGENDA:
A. Approval of minutes of April 15, 2019, Joint Public Hearing held at 6:30 p.m.
Approval of minutes of May 20, 2019, Joint Public Hearing held at 6:30 p.m.
Approval of minutes of May 20, 2019, Joint Special Meeting held at 6:30 p.m.
Approval of minutes of May 20, 2019, Regular Meeting held at 7:30 p.m.
B. Consideration and Possible Action - Excuse the Absence of Councilmember J.
David Little from the Regular Council Meeting held on July 22, 2019.
C. Consideration and Possible Action - Resolution No. R2019-187 -A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply contract
for tree trimming and maintenance services with Yellowstone Landscape, in the
estimated amount of $150,000.00, for the period of August 31, 2019 through
August 30, 2020.
D. Consideration and Possible Action - Resolution No. R2019-195 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract
amendment with Costello Engineering for design services, in the additional
amount of $57,225.00 (total contract amount of $572,827.00), associated with
Phase II of the FM 521 Ground Storage Tank Project.
E. Consideration and Possible Action - Resolution No. R2019-201 -A Resolution
of the City Council of the City of Pearland, Texas, renewing a contract to the
Pearland Reporter News as the official newspaper of record for publishing City
legal notices, at the price of $3.00 per column inch, for the period of September
15, 2019 to September 14, 2020.
F. Consideration and Possible Action - Resolution No. R2019-199 -A Resolution
of the City Council of the City of Pearland, Texas, approving the U.S. Department
of Housing and Urban Development Community Development Block Grant
Program Fiscal Year 2020 Annual Action Plan, as part of its FY 2018-2022 CDBG
5 -Year Consolidated Plan to be submitted to the U.S. Department of Housing and
Urban Development,
G. Consideration and Possible Action - Resolution No. R2019-205 -A Resolution
and Order of the City Council of the City of Pearland, Texas, ordering the holding
of a Special Election to be held on Tuesday November 5, 2019, for the purpose
of a Special Election to fill a vacancy on Councilmember Position No. 2 an
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unexpired term expiring May 1, 2021, in and for the City of Pearland, Texas;
establishing polling places; naming clerks; and establishing procedures for said
Special Election.
H. Consideration and Possible Action - Resolution No. R2019-189 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager or
his designee to enter into a Multiple Use Agreement with the Texas Department
of Transportation, for the sharing of fiber optic cable and related infrastructure.
Consideration and Possible Action - Resolution No. R2019-191 -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
through the Texas Association of School Boards (TASB) Buy Board for the
replacement of safety surfaces associated with the Centennial Park, Pasternak
Park, Zychlinkski Park and Woody Street Park Playgrounds, with McKenna
Contracting, in the amount of $82,862.00.
J. Consideration and Possible Action - Resolution No. R2019-198 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract
amendment for project management services with Cobb Fendley & Associates,
associated with the Max Road Expansion Project (Reid Boulevard to Hughes
Ranch Road), in the additional amount of $53,000.00 (total contract amount of
$173,620.50).
K. Consideration and Possible Action - Resolution No. R2019-197 - A
Resolution of the City Council of the City of Pearland, Texas, terminating prior
Advanced Funding Agreements, and authorizing a new Advanced Funding
Agreement with the Texas Department of Transportation ("TXDOT), for the
Shadow Creek Ranch Trail Project (Kingsley Road to Kirby Drive), in the amount
of $1,939,190.00.
L. Consideration and Possible Action - Resolution No. R2019-190 -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 Texas Department of Information Resources (DIR) for the purchase of video
equipment for the Traffic Operation Center, from DataVox, in the estimated
amount of $74,980.09.
M. Consideration and Possible Action -Authorizing City staff to proceed with the
acquisition of real property for drainage and detention purposes as discussed in
executive session at the August 5, 2019 Special City Council Meeting.
Councilmember Perez made the motion, seconded by Councilmember Moore to adopt Consent
Agenda Items A through M with the exception of Item J and Item K as presented on the Consent
Agenda.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
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Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
MATTERS REMOVED FROM CONSENT AGENDA:
J. Consideration and Possible Action - Resolution No. R2019-198 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract
amendment for project management services with Cobb Fendley & Associates,
associated with the Max Road Expansion Project (Reid Boulevard to Hughes
Ranch Road), in the additional amount of $53,000.00 (total contract amount of
$173,620.50).
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-198.
City Manager Clay Pearson stated this is authorizing a contract amendment for project
management services with Cobb Fendley & Associates regarding the Max Road Expansion
Project.
Councilmember Owens stated once a contractor walks off a job the City should not have dealings
with them in the future.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
K. Consideration and Possible Action - Resolution No. R2019-197 - A Resolution
of the City Council of the City of Pearland, Texas, terminating prior Advanced
Funding Agreements, and authorizing a new Advanced Funding Agreement with
the Texas Department of Transportation ("TXDOT"), for the Shadow Creek Ranch
Trail Project (Kingsley Road to Kirby Drive), in the amount of $1,939,190.00.
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-197.
City Manager Clay Pearson stated this is terminating prior Advanced Funding Agreements, and
authorizing a new Advanced Funding Agreement with the Texas Department of Transportation
("TXDOT"), for the Shadow Creek Ranch Trail Project.
Councilmember Owens asked staff if there were any Right of Way acquisition funds in this
proposal as discussed previously. J
Assistant City Manager Trent Epperson stated that was in the original plans but this is an
amended Advance Funding agreement with TXDOT.
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Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
NEW BUSINESS:
First Reading of Ordinance No. 1580 -An Ordinance of the City council of the City of Pearland,
Texas, abandoning a portion of certain right-of-way (Kincaid Road, generally located south of
Magnolia Parkway and west of FM 1128) 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 Orlando made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1580.
City Attorney Darrin Coker stated this is authorizing the Right of Way abandonment that was
discussed in the Public Hearing.
�^ Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
! Voting "No" None.
!`I Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
First Reading of Ordinance No. 2000T-30 - An Ordinance of the City Council of the City of
Pearland. Texas, amending selected provisions of the Unified Development Code regarding the
following section; reformatting the land uses table, definitions and off-street parking requirements
of the Land Use Matrix (Section 2.5.2.1), providing new regulations for patio cover setbacks within
the rear yards of residential lots (Section 2.6.1.1(f), Area & Building Regulations), removal of the
parking lot prohibition within the front yard of the Old Townsite District (Section 2.4.3.4 OT, Old
Townsite District), providing new regulations for L.E.D lighting on signage and storefronts (Section
2.4.5.1 Corridors Overlay District; Section 2.6.2.1 Applicability & Requirements; and Section
4.2.5.1 General Standards & Requirements), and providing for removal of dumpster screening
and sidewalk requirements upon expansion of parking pavement and separation of landscape
requirements for street trees and parking lot trees based on type of expansion (Section 4.1.3.2
Improvements & Related Triggers); having a savings clause, a severability clause, and a repealer
clause; providing for codification, publication and an effective date.
Councilmember Perez made the motion, seconded by Councilmember Moore to adopt Ordinance
No. 2000T-30.
City Manager Clay Pearson stated this is making varied changes to the Unified Development
Code.
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Conversation ensued between Councilmember Owens and Director of Community Development
John McDonald regarding clarification on the proposed restriction of outside storage for
businesses.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
First Reading of Ordinance No. 1416-2019 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 9, Electricity, of the City of Pearland Code of Ordinances, as
it may have been, from time to time, amended; having a savings clause, a severability clause,
and a repealer clause; and providing for codification and an effective date.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1416-2019.
City Manager Clay Pearson stated this would be for changes to Chapter 9, regarding the
Electricity portion of the City of Pearland Code of Ordinances.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
First Reading of Ordinance No. 1296-2019 - An Ordinance of the city council of the City of
Pearland, Texas, amending Chapter 7, Building, of the City of Pearland Code of Ordinances, as
it may have been, from time to time, amended (most recently by Ordinance Nos. 1209-2015,
1296-2015 and 1211-2015), by amending Chapter 7, Building; having a savings clause, a
severability clause, and a repealer clause; and providing for codification and an effective date.
Councilmember Moore made the motion, seconded by Councilmember Owens to adopt
Ordinance No. 1296-2019.
City Manager Clay Pearson stated this is amending Chapter 7, Building, of the City of Pearland
Code of Ordinances.
Councilmember Perez made the motion, seconded by Councilmember Moore to amend
Ordinance No. 1296-2019 to require residential driveways to contain rebar up to the building start.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
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Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
First Reading of Ordinance No. 1210-2019 - An Ordinance of the city council of the City of
Pearland, Texas, amending Chapter 23, Plumbing and Gas, of the City of Pearland Code of
Ordinances, as it may have been, from time to time, to amend Section 23-1, entitled Plumbing
Code Adopted; to amend Section 23-1.1, entitled Local Amendments; to amend Section 23-161,
entitled Fuel Gas Code Adopted, and to amend Section 23-161.1, entitled Local Amendments;
having a savings clause, a severability clause, and a repealer clause; and providing for
codification and an effective date.
Councilmember Owens made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1210-2019.
City Manager Clay Pearson stated this is amending Chapter 23, Plumbing and Gas, of the City of
Pearland Code of Ordinances.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
First Reading of Ordinance No. 1211-2019 - An Ordinance of the city council of the City of
Pearland, Texas, amending Chapter 10, Fire Prevention and Protection, of the City of Pearland
Code of Ordinances, as it may have been, from time to time, amended (most recently by
Ordinance Nos. 1211-2015), by amending Chapter 10, Fire Prevention and Protection; having a
savings clause, a severability clause, and a repealer clause; and providing for codification and an
effective date.
Councilmember Orlando made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1211-2019.
City Manager Clay Pearson stated this is amending Chapter 10, Fire Prevention and Protection,
of the City of Pearland Code of Ordinances.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
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Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-204 - A Resolution of the City Council of the City of
Pearland, Texas, adopting a Five -Year Capital Improvement Program (2020-2024).
Councilmember Perez made the motion, seconded by Councilmember Hernandez to approve
Resolution No. R2019-204.
City Manager Clay Pearson stated this is to adopt the proposed Five -Year Capital Improvement
Program.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-200 - 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
awarding competitive sealed proposals for Phases II and III of the SH 288 Corridor Master
Improvement Plan to Landscape Art, Inc., in the amount of $1,045,492.40 (Phase II) and
$647,064.14 (Phase III).
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-200.
City Manager Clay Pearson stated this is awarding competitive sealed proposals for Phases II
and III of the SH 288 Corridor Master Improvement Plan to Landscape Art, Inc. for Phase II and
Phase III.
Councilmember Moore stated he is not in support of the landscaping proposed in the Plan and
the funds would be better used on something else.
Councilmember Orlando asked staff to investigate ways more bidders could be brought out when
an item is up for bid to see more competitive offers.
Councilmember Hernandez stated he supports the landscaping that has been proposed because
it will attract businesses to the City.
Councilmember Moore asked staff how sturdy the plants and shrubbery are that have been
chosen for landscaping.
Clark and Condon Representative Jason Miller addressed Council and stated all of the plants and
shrubbery are native to the area. He also stated the irrigation chosen will keep a constant drip
flow of water to the plant and shrubbery roots.
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Conversation ensued between Councilmember Orlando and Pearland Economic Development
Corporation President Matt Buchanan regarding clarification of verbiage on the proposal.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-196 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the Pearland Economic Development Corporation to amend a
contract for professional services with Clark Condon Associates, for the SH 288 Corridor Master
Improvement Plan, in the additional amount of $85,000.00 (total contract amount of $374,540.00).
Councilmember Moore made the motion, seconded by Councilmember Hernandez to approve
Resolution No. R2019-196.
City Manager Clay Pearson stated this is to amend a contract for professional services with Clark
Condon Associates, for the SH 288 Corridor Master Improvement Plan.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action — Resolution No. R2019-182 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a unit -supply bid for manhole rehabilitation services to National Works,
Inc., in the amount of $850,000.00, for the period of August 19, 2019 to August 18, 2020.
Councilmember Owens made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-182.
City Manager Clay Pearson stated this is awarding a unit -supply bid for manhole rehabilitation
services to National Works, Inc.
Conversation ensued between Councilmember Owens and Director of Public Works Clarence
Wittwer regarding the amount of flow effected by the manhole issues.
Councilmember Moore asked staff if when manhole maintenance is done, would roadwork around
the manhole be performed as well.
Director of Public Work Clarence Wittwer stated that any asphalt work that is needed as the
rehabilitation takes place will be accessed and done inhouse, however no major destructive work
will be done to rehab the manholes.
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Councilmember Orlando asked staff if the introduction of new liners for the manholes will increase
the life of those manhole covers.
Director of Public Works Clarence Wittwer confirmed the expectation is to increase the life the
manholes.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to table
Resolution No. R2019-182 until a representative from National Works Inc. arrives.
Mayor Reid called for the vote on the motion to postpone.
Voting "Aye" Councilmember Orlando, Hernandez, Moore and Owens.
Voting "No" Councilmember Perez.
Motion passed 4 to 1 with Councilmember Reed and Mayor Pro -Tem Little absent.
Councilmember Perez made the motion, seconded by Councilmember Moore to remove the
item from the table.
Mayor Reid called for the vote on the motion to remove from the table.
Voting "Aye" Councilmember Orlando, Hernandez, Moore and Perez.
Voting "No" Councilmember Owens.
Motion passed 4 to 1 with Councilmember Reed and Mayor Pro -Tem Little absent.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmember Orlando, Hernandez and Perez.
Voting "No" Councilmember Owens and Moore.
Motion passed 3 to 2 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-192 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing Task Order No. 4 with Ardurra Group LLC, in the amount of
$2,961,369.64, for work related to the design and construction services associated with the City's
Surface Water Treatment Plant.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-192.
City Manager Clay Pearson stated this is, authorizing work related to the design and construction
services associated with the City's Surface Water Treatment Plant with Ardurra Group LLC.
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Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-177 - 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 Drainage District No. 4 ("BDD4") regarding the purchase of real property
for the construction of drainage detention, in the amount of $1,607,872.00 (City portion
$1,007,872.00 and BDD4's portion $600,000.00).
Councilmember Perez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-177.
City Manager Clay Pearson stated this is to enter into an Interlocal Agreement with Brazoria
Drainage District No. 4 ("BDD4") regarding the purchase of property for the construction of
drainage detention.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-203 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract for design service;-with:,reese & Nichols, Inc., in the
amount of $1,019,070.00, associated with the Bailey Road ,Expansion Project (Veterans Dr. to
SH 35).
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-203.
City Manager Clay Pearson stated this is authorizing a contract for design services with Freese
& Nichols, Inc., associated with the Bailey Road Expansion Project (Veterans Dr. to SH 35).
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
Council Action - Resolution No. R2019-202 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing a contract with Cobb Fendley Associates, Inc. for design services,
associated with the Willowcrest Subdivision Drainage Improvement Project, in the estimated
amount of $1,151,953.00.
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Councilmember Moore made the motion, seconded by Councilmember Owens to approve
Resolution No. R2019-202.
City Manager Clay Pearson stated this is authorizing a contract with Cobb Fendley Associates,
Inc. for design services, associated with the Willowcrest Subdivision Drainage Improvement
Project.
Voting "Aye" Councilmember Orlando, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 5 to 0 with Councilmember Reed and Mayor Pro -Tem Little absent.
MAYORICOUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 7:53 p.m.
Minutes approved as submitted and/or corrected this the 111" day of November, A.D., 2019.
�U
_.ATTEST:
Maria E. Rodriguez
Interim City Secretary
Tom Reid
Mayor
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