2019-08-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, AUGUST 26, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Pro -Tem Little called the meeting to order 6:32 p.m. with the following present:
Mayor Pro -Tem
J. David Little
Councilmember
Luke Orlando
Councilmember
Derrick Reed
Councilmember
Gary Moore
Councilmember
Adrian Hernandez
Councilmember
Trent Perez
Councilmember
Woody Owens
Deputy City Manager
Jon Branson
City Attorney
Darrin Coker
Interim City Secretary
Maria Rodriguez
Absent: Mayor Reid.
Others in attendance: Matt Buchanan President of EDC, Trent Epperson Assistant City Manager.,
Roland Garcia Assistant Chief—Community Risk Reduction, Michelle Graham Director of Human
Resources, John McDonald Director of Community Development, John McCarter Assistant
Finance Director, Cynthia Pearson Director of Finance, Vance Riley Fire Chief, 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 Communications Director and Daniel McGhinnis.
The invocation was given by Councilmember Reed and the Pledge of Allegiance was led by
Councilmember Moore.
ROLL CALL: Mayor Pro -Tem Little, Councilmembers Orlando, Reed, Moore, Hernandez,
Perez and Owens.
CITIZEN COMMENTS: None.
PUBLIC HEARING: None
CONSENT AGENDA:
A. Approval of Minutes of June 10, 2019, Regular Meeting held at 6:30 p.m.
Approval of Minutes of June 17, 2019, Joint Special Meeting held at 6:30 p.m.
Approval of Minutes of June 17, 2019, Special Meeting held at 6:00 p.m.
Approval of Minutes of June 24, 2019, Regular Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Excuse the Absence of Councilmember
Derrick Reed from the Regular Council Meeting held on August 12, 2019.
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C. Consideration and Possible Action - Excuse the Absence of Councilmember J.
David Little from the Regular Council Meeting held on August 12, 2019.
D. Consideration and Possible Action - Second and Final 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.
E. Consideration and Possible Action -Second and Final 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 J■
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.
Consideration and Possible Action - Second and Final 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.
G. Consideration and Possible Action - Second and Final 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.
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H. Consideration and Possible Action - Second and Final 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.
I. Consideration and Possible Action -Second and Final 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.
J. Consideration and Possible Action - Resolution No. R2019-114 -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 for the cooperative purchase of
goods and services with the City of Missouri City.
K. Consideration and Possible Action - Resolution No. R2019-186 -A Resolution
of the City Council of the City of Pearland, Texas, renewing a contract for Bank
Depository Services to Wells Fargo Bank for the period beginning October 1, 2019
and ending September 30, 2020 (first of three (3) one year renewals).
L. Consideration and Possible Action - Resolution No. R2019-206 -A Resolution
of the City Council of the City of Pearland, Texas, accepting the City's Investment
Report for the quarter ending June 2019.
M. Consideration and Possible Action - Resolution No. R2019-218 -A Resolution
of the City Council of the City of Pearland, Texas, renewing a unit supply bid for
the purchase of Police Department Uniforms with Cop Stop, in the estimated
amount of $110,000.00, for the period of August 31, 2019 through August 30,
2020.
N. Consideration and Possible Action - Resolution No. R2019-213 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing the City Manager or
his designee to participate in a cooperative pricing arrangement with TASB
Buyboard for the installation of equipment of five (5) Patrol vehicles in the amount
of $66,235.57 from Dana Safety Supply, Inc.
O. Consideration and Possible Action - Resolution No. R2019-226 -A Resolution
of the City Council of the City of Pearland, Texas, amending a unit supply contract
for fire apparatus & preventative maintenance and repairs with Siddons-Martin
Emergency Group, in the additional amount of $65,000.00 (total contract amount
of $290,000.00).
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P. Consideration and Possible Action - Resolution No. R2019-188 -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 purchase of two
(2) police vehicles, from Silsbee Fleet Group, in the amount of $99,889.74.
Q. Consideration and Possible Action - Resolution No. R2019-224 -A Resolution
of the City Council of the City of Pearland, Texas, amending a contract with
International Paint and Body of Pearland, for vehicle repair services, in the
additional amount of $50,000.00, (total contract amount of $90,000.00).
Councilmember Reed made the motion, seconded by Councilmember Moore to adopt Consent
Agenda Items A through Q with the exception of Item F, G, J and Q as presented on the Consent
Agenda.
Voting "Aye' Councilmember Orlando, Reed, Little, Hernandez, Perez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
Consideration and Possible Action -Second and Final 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 Reed made the motion, seconded by Councilmember Moore to adopt Ordinance
No. 1210-2019 on its Second and Final Reading.
Deputy City Manager Jon Branson stated this is an update to the Plumbing and Gas portion of
the City of Pearland Code of Ordinances.
Councilmember Perez stated the update is to remove the amendment that required businesses
to have individual grease traps.
Voting "Aye' Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
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G. Consideration and Possible Action - Second and Final 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 Hernandez made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1296-2019 on it Second and Final Reading.
Deputy City Manager Jon Branson stated this will amend Chapter 7 of the Building Code regarding
rebar and residential driveways.
Councilmember Perez made the motion, seconded by Councilmember Moore to amend the
language within the Code for more clarity and set a minimum size of rebar.
Mayor Pro -Tem Little called for the vote on the amended motion.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens,
Voting "No" None.
Motion passed 7 to 0.
Mayor Pro -Tem Little called for the vote on the original motion.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
J. Consideration and Possible Action - Resolution No. R2019-114 -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 for the cooperative purchase of
goods and services with the City of Missouri City.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-114.
Deputy City Manager Jon Branson stated this is to enter into an Interlocal Agreement with the
City of Missouri City.
Conversation ensued between Councilmember Owens, Deputy City Manager Jon Branson and
Assistant City Manager Trent Epperson regarding what products and goods will be purchased
from the City of Missouri City and how better pricing can be obtained through this agreement.
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Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
Q. Consideration and Possible Action - Resolution No. R2019-224 -A Resolution
of the City Council of the City of Pearland, Texas, amending a contract with
International Paint and Body of Pearland, for vehicle repair services, in the
additional amount of $50,000.00, (total contract amount of $90,000.00).
Councilmember Owens made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-224.
Deputy City Manager Jon Branson stated this will amend the contract with International Paint and
Body of Pearland for additional funds to extend the contract amount.
Councilmember Owens stated the number of vehicles damaged yearly is going up and that is a
concern.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
Mayor Pro -Tem Little stated there is a citizen that has requested to talk and called a break in the
Agenda for that citizen to speak.
Phillip Moore, 13711 Rainwater Dive, addressed Council and spoke regarding an excess of
buzzards in the Shadow Creek Ranch area.
NEW BUSINESS:
First and Only Reading of Ordinance No. 1582 - An Ordinance of the City Council of the City
of Pearland, Texas authorizing the issuance of City of Pearland, Texas Certificates of Obligation,
Series 2019A; prescribing the terms thereof; providing for the payment thereof; awarding the sale
thereof; making other provisions regarding such certificates and matters incident thereto; and
declaring an emergency.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 1582 on its First and Only Reading.
Deputy City Manager Jon Branson stated this is for the issuance of City of Pearland Certificates
of Obligation, Series 2019A for improvements.
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Director of Finance Cynthia Pearson presented to Council on the planned improvements that will
be funded by the Certificates of Obligation.
BOK Financial Securities Advisor John Robuck outlined the details for the issuance of the
Certificates of Obligation.
Councilmember Owens stated he is not a supporter of this bond issuance.
Councilmember Moore stated the number of Certificates of Obligation that are being requested
recently is troubling to him.
Councilmember Perez stated a workshop should be held to discuss Certificates of Obligation
moving forward.
Councilmember Owens, Reed and Orlando stated their support of having a workshop to discuss
further Certificates of Obligation.
Voting "Aye' Councilmember Orlando, Perez, Little and Hernandez.
Voting "No" Councilmember Moore, Owens and Reed.
Motion passed 4 to 3.
First and Only Reading of Ordinance No. 1581 - An Ordinance of the City Council of the City
of Pearland, Texas authorizing the issuance of City Of Pearland, Texas Certificates Of Obligation,
Series 20198; prescribing the terms thereof; providing for the payment thereof; awarding the sale
thereof; making other provisions regarding such certificates and matters incident thereto; and
declaring an emergency.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Ordinance No. 1581 on its First and Only Reading.
Deputy City Manager Jon Branson stated this is for the issuance of City of Pearland, Texas
Certificates of Obligation, Series 20198.
BOK Financial Securities Advisor John Robuck outlined the details for the issuance of the
Certificates of Obligation.
Conversation ensued between Councilmember Perez and BOK Financial Securities Advisor John
Robuck regarding the buyer index presented to Council.
Councilmember Owens asked for clarification on the debt service shown in the presentation
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
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Motion passed 7 to 0.
Council Action - Resolution No. R2019-222 - A Resolution of the City Council of the City of
Pearland, Texas, authorizing the City Manager or his designee to enter into a Second Amended
Utility Agreement with Harris-Brazoria Counties Municipal Utility District No. 509.
Councilmember Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-222.
City Attorney Darrin Coker stated this will allow the City to enter into a Second Amended Utility
Agreement with Harris-Brazoria Counties Municipal Utility District (MUD) No. 509 establishing a
0% rebate for additional properties proposed for annexation.
Conversation ensued between Councilmember Reed, City Attorney Darrin Coker and MUD
Representative Hannah Brook regarding the policy as it exists now and how the passing of this
Resolution will affect the taxes and rebates for those properties annexed into MUD No. 509.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-223 - A Resolution granting the consent of the City
Council of the City of Pearland, Texas, consenting to the annexation of approximately 31.269
acres, (7.443 acres located at the southeast corner of Magnolia Parkway and FM 1128 and 23.826
acres located west of Old Alvin Road and north of Orange Street), into Harris-Brazoria Counties
Municipal Utility District No. 509.
Councilmember Perez made the motion, seconded by Councilmember Hernandez to approve
Resolution R2019-223.
City Attorney Darrin Coker stated this will consent to the annexation of property at the southeast
corner of Magnolia Parkway and FM 1128 and property located west of Old Alvin Road and north
of Orange Street), into Harris-Brazoria Counties Municipal Utility District No.
Voting "Aye' Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-225 - A Resolution of the City Council of the City of
Pearland, Texas, approving the City's Hurricane Harvey Community Development Block Grant —
Disaster Recovery Action Plan for submission to the Texas General Land Office.
Page 8 of 11
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-225.
Deputy City Manager Jon Branson stated this will approve the City's Hurricane Harvey
Community Development Block Grant — Disaster Recovery Action Plan for submission to the
Texas General Land Office.
Conversation ensued between Councilmember Perez and Grants — Special Projects
Administrator Joel Hardy regarding the projects that will be completed with the funds and the
conditions of the grant from the Texas General Land Office.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-217 - 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 Freese
and Nichols, in the amount of $1,298,809.00, for final design services associated with Surface
Water Plant Package No. 1.
Councilmember Moore made the motion, seconded by Councilmember Hernandez to approve
Resolution No. R2019-217.
Deputy City Manager Jon Branson stated this is a contract for final design services associated
with Surface Water Plant Package No. 1.
Voting "Aye Councilmember Orlando, Perez, Little, Hernandez, Moore and Owens.
Voting "No" Councilmember Reed.
Motion passed 6 to 1.
Council Action - Resolution No. R2019-216 - 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
Stantec Consulting Services, Inc., in the amount of $2,900,000.00, for final design services
associated with Surface Water Plant Package No. 3.
Councilmember Owens made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-216.
Deputy City Manager Jon Branson stated this is the contract for final design services associated
with Surface Water Plant Package No, 3.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Page 9 of 11
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-214 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a construction services contract for the Bailey Road Water Plant
Construction Project, to DN Tanks, Inc., in the amount of $1,581,785.00.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-214.
Deputy City Manager Jon Branson stated this is awarding a construction contract to DN Tanks,
Inc. for the Bailey Road Water Plant Construction Project.
Conversation ensued between Councilmember Moore and Robert Upton Director of Engineering
and Capital Projects regarding how the original tank was overfilled and damaged.
Councilmember Owens stated when it was originally discussed at the time of the damage it was
said the tank was old and not going to be used but now it is being replaced.
Assistant City Manager Trent Epperson stated the intention was always to replace this tank and
the original conversation did not address this tank.
Voting "Aye" Councilmember Orlando, Reed, Perez, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-227 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a contract for construction services for the Recreation Center and
Natatorium Generator/Improvements Project, to McDonald Electric, in the amount of
$1,083,469.00.
Councilmember Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-227.
Deputy City Manager Jon Branson stated this is a contract award to McDonald Electric regarding
the Recreation Center and Natatorium Generator/Improvements Project.
Conversation ensued between Councilmember Little, City Attorney Darrin Coker and Deputy City
Manager Jon Branson regarding the bid process and shortcomings of presented bids.
Councilmember Reed stated there are always items on the Agenda for the Natatorium but none
that are addressing the most pressing issues, like the basketball courts. i
Page 10 of 11
Deputy City Manager Jon Branson stated this item is due to the Natatorium being a shelter in
place and currently does not have a generator in the case of Emergencies. He further stated this
Resolution is not regarding daily operations.
Councilmember Perez stated although the generator is not for the daily operations, requests for
the Natatorium are numerous. He further stated he would like to see a projected maintenance
schedule for the Natatorium.
Conversation ensued between Council and staff regarding the details of installing the generator
and what new construction will be required.
Voting "Aye" Councilmember Reed, Perez, Little, Hernandez and Owens.
Voting "No" Councilmember Moore and Orlando.
Motion passed 5 to 2.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:13 p.m.
Minutes approved as submitted and/or corrected this the 11t^ day of November, A.D., 2019.
`o`'.e��r's Tom eid
Mayor
ATTEST: •.'.
Maria E. Rodriguez
Interim City Secretary
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