2019-10-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, OCTOBER 14, 2019, AT 6:30 P.M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:37 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
Councilmember
Woody Owens
City Manager
Clay Pearson
City Attorney
Darrin Coker
Interim City Secretary
Maria Rodriguez
Others in attendance: Jon Branson Deputy City Manager, 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, Chris Orlea Director of Parks and Recreation, Cynthia Pearson
Director of Finance, Vance Riley Fire Chief, Robert Upton Director of Engineering and Capital
Projects, Scott Williams Building Official, Clarence Wittwer Director of Public Works, Andrea
Brinkley Assistant Director of Public Works, Joel Hardy Grants — Special Projects Administrator,
Jennifer Huhn Court Administrator, Skipper Jones Assistant Director of Capital Projects, John
Knight IT Manager, Daniel McGhinnis Chief Information Officer and Lawrence Provins Deputy
City Attorney.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Little, Councilmembers Orlando, Reed, Moore,
Hernandez, Perez and Owens.
CITIZEN COMMENTS:
Jimmy Davis, 3004 Colmesneil Dr., addressed Council and provided recommendations that
should be added to the Unified Development Code.
PUBLIC HEARING: None
CONSENT AGENDA:
A. Consideration and Possible Action - Resolution No. R2019-243 - 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 two (2) dump
trucks, in the amount of $279,834.00, from Rush Truck Center.
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B. Consideration and Possible Action - Resolution No. R2019-251 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a unit supply contract
for Sanitary SewerANaterline on-call repair and maintenance services to Texas
Pride Utilities, LLC, in the estimated amount of $120,000.00, for the period of
October 21, 2019 through October 20, 2020.
C. Consideration and Possible Action - Resolution No. R2019-244 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a unit cost bid to Lone
Star Pavement Services, LLC., for road striping services, in the estimated amount
of $250,000.00, for the period of November 1, 2019 through October 31, 2020.
D. Consideration and Possible Action - Resolution No. R2019-253 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing a contract with
Regent Sienna Plantation Partnership for the purchase of wetlands credits in the
Lower Brazos River Mitigation Bank, in the amount of $180,000.00, to satisfy the
mitigation requirements for construction of the McHard Road Expansion Project
(Cullen Boulevard to Mykawa Road).
E. Consideration and Possible Action - Resolution No. R2019-250 - 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 one (1) haul
truck, in the amount of $164,405.00, from Rush Truck Center of Texas, L.P.
F. Consideration and Possible Action - Resolution No. R2019-259 - 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 SmartBuy Program for the lease purchase of 125 police tasers and
required accessories from Axon Enterprises, in the amount of $163,868.25.
G. Consideration and Possible Action - Resolution No. R2019-254 - 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 phone
related services from AT&T, in the amount of $129,240.00.
H. Consideration and Possible Action - Resolution No. R2019-257 - A Resolution
of the City Council of the City of Pearland, Texas, renewing a Software
Maintenance Contract with Central Square Technologies (formerly Superion,
LLC), in the estimated amount of $295,617.31, for the period of October 1, 2019
through September 30, 2020.
I. Consideration and Possible Action - Resolution No. R2019-255 - 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
computer equipment from Dell, in the amount of $200,000.00.
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J. Consideration and Possible Action - Resolution No. R2019-256 - A Resolution
of The City Council of the City of Pearland, Texas, authorizing the City Manager or
his designee to participate in interlocal cooperative pricing arrangements with
participating cooperatives for the purchase of Information Technology equipment
and hardware from CDW Government, in the amount of $250,000.00.
K. Consideration and Possible Action - Resolution No. R2019-181 - A Resolution
of The City Council of the City of Pearland, Texas, awarding a bid associated with
the Community Development Block Grant Program (B -18 -MC -48-0400), for Single
Family Owner -Occupied Home, minor repairs and rehabilitation that benefit low -
moderate income Pearland residents, to Circle Friends Construction, in the
estimated amount of $185,000.00.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Consent Agenda Items A through K with the exception of Item A, B, F and H as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Orlando, Little, Hernandez, Moore, Perez and Owens.
Voting "No' None.
Motion passed 6 to 0 with Councilmember Reed absent from Chambers.
MATTERS REMOVED FROM CONSENT AGENDA:
A. Consideration and Possible Action - Resolution No. R2019-243 - 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 two (2) dump
trucks, in the amount of $279,834.00, from Rush Truck Center.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-243.
City Manager Clay Pearson stated this item would authorize participation in an interlocal
cooperative pricing arrangement with the Houston -Galveston Area Council (HGAC) for the
purchase of two (2) dump trucks from Rush Truck Center.
Councilmember Owens stated the truck manufacturer selected is generally a long-distance type
truck. He further stated some of the cosmetic features on the trucks are not needed.
Voting "Aye" Councilmembers Orlando, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Voting "Abstain" Councilmember Reed.
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Motion passed 6 to 0 with Councilmember Reed abstaining.
B. Consideration and Possible Action - Resolution No. R2019-251 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a unit supply contract
for Sanitary Sewer/Waterline on-call repair and maintenance services to Texas
Pride Utilities, LLC, in the estimated amount of $120,000.00, for the period of
October 21, 2019 through October 20, 2020.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-251.
City Manager Clay Pearson stated this would award a contract for Sanitary Sewer/Waterline on-
call repair and maintenance services to Texas Pride Utilities, LLC.
Councilmember Owens stated this was the only bid received and asked staff if notice was given
for other bids.
City Manager Clay Pearson stated this was run through the normal process and this was the only
bid received.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
F. Consideration and Possible Action - Resolution No. R2019-259 - 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 SmartBuy Program for the lease purchase of 125 police tasers and
required accessories from Axon Enterprises, in the amount of $163,868.25.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-259.
City Manager Clay Pearson stated this is authorizing the City to participate in an interlocal
cooperative pricing arrangement with the Texas SmartBuy Program for the lease purchase of 125
police tasers and required accessories from Axon Enterprises.
Conversation ensued between Councilmember Owens and staff regarding the bid breakdown on
the equipment and the normal life cycle of tasers/cartridges.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
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H. Consideration and Possible Action - Resolution No. R2019-257 - A Resolution
of the City Council of the City of Pearland, Texas, renewing a Software
Maintenance Contract with Central Square Technologies (formerly Superion,
LLC), in the estimated amount of $295,617.31, for the period of October 1, 2019
through September 30, 2020.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-257.
City Manager Clay Pearson stated this is renewing a Software Maintenance Contract with Central
Square Technologies for the period of October 1, 2019 through September 30, 2020.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
NEW BUSINESS:
Council Input and Discussion - Regarding the policy for Certificates of Obligation.
Councilmember Perez stated that he and Councilmember Owens asked for this item to be part of
this Agenda so Certificates of Obligation could be thoroughly explained since division on the uses
are varied.
City Manager Clay Pearson discussed the needs and usage policy for Certificates of Obligation
within the City.
Councilmember Owens stated Certificates of Obligation are being used more than they have in
the past and the City needs to investigate other funding sources for projects.
Conversation ensued between Councilmember Hernandez and Financial Advisor John Roebuck
regarding options for cost cutting by using different types of bonds and funding sources.
Council Action - Resolution No. R2019-260 - A Resolution of the City Council of the City of
Pearland, Texas approving the issuance of Development Authority of Pearland Tax Increment
Contract Revenue Bonds, Series 2019; approving a bond resolution, private placement letter, and
other documents relating to the bonds; making certain findings and containing other provisions
related thereto.
Councilmember Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-260.
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City Manager Clay Pearson stated this is approving the issuance of Development Authority of
Pearland Tax Increment Contract Revenue Bonds, Series 2019; approving a bond resolution,
private placement letter, and other documents relating to the bonds.
Financial Advisor John Roebuck addressed Council and stated this would not affect the city due
to this is not the city's debt. He further stated the DAP was established as a mechanism for the
Tax Increment Reinvestment Zone (TIRZ) to issue debt to reimburse the developers for the
Shadow Creek Ranch improvements. He also stated this is purely an administrative approval.
Financial Advisor John Roebuck presented to Council the Series 2019 final pricing results for the
TIRZ Revenue Bonds.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
Council Action - Resolution No. R2019-261 - A Resolution of the City Council of the City of
Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future
tax-exempt obligations.
Mayor Pro -Tem Little made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-261.
City Manager Clay Pearson stated this would declare intention to reimburse project expenditures
from proceeds of future tax-exempt obligations.
Conversation ensued between Councilmember Owens and Assistant City Manager Trent
Epperson regarding construction financing for the project on State Highway 288 North frontage
road.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
Second and Final Reading of Ordinance 2000M-190 - 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 Lot 1, Block 1, of
the Crown Plat, being an addition of 2.99 acres in the City of Pearland, Brazoria County, Texas,
according to the plat recorded in Document No. 2010052498, in the Official Public Recorded of
Brazoria County, Texas. (6301 Broadway Street) Zone Change Application No. ZONE 19-00017,
a request by Nancy Murphy, applicant and owner; for approval of a Planned Development (PD)
amendment to amend the base zoning for the Botanical Landscape PD from General Business
District (GB) to General Commercial District (GC) and to permit outside storage within the district;
on approximately 3.00 acres of land; providing for an amendment of the zoning district map;
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containing a savings clause, a severability clause, and an effective date and other provisions
related to the subject.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to adopt
Ordinance No. 2000M-190 on its Second and Final reading.
City Manager Clay Pearson stated this would approve a Planned Development (PD) amendment
to amend the base zoning for the Botanical Landscape PD from General Business District (GB)
to General Commercial District (GC) and to permit outside storage.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
Consideration and Possible Action - Second and Final Reading of Ordinance 2000M-191 -
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 0.89 acres out of a tract of land containing 3.05 acres out of an 11.45 acre
tract out of the W.D.C. Hall League, Abstract No. 70, Brazoria County, being described in Volume
384, Page 541 of the Deed Records of Brazoria County, Texas. (2519 Broadway Street) Zone
Change Application No. ZONE 19-00016, a request by Alan Mueller, applicant, on behalf of G -
Tech Development, represented by Andy Grieve, owner; for approval of a zoning change from
Single-family Residential -3 District (R-3) to General Business District (GB); on approximately 0.89
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-191 on its Second and Final Reading.
Councilmember Perez recused himself from discussion on this item due to a business relationship
with the applicant.
City Manager Clay Pearson stated this is for approval of a zoning change from Single-family
Residential -3 District (R-3) to General Business District (GB).
Applicant Representative Andy Grieve addressed Council regarding his intended use of the land
if the zone change is approved.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Perez absent from Chambers.
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Second and Final Reading of Ordinance No. 1107-1 - An Ordinance of the City Council of the
City of Pearland, Texas, amending Chapter 30, Utilities, of the City of Pearland Code of
Ordinances, as it may have been, from time to time, to amend Article V, Cross -Connection Control
and Prevention; having a savings clause, a severability clause, and a repealer clause; and
providing for codification and an effective date.
Councilmember Perez made the motion, seconded by Councilmember Moore to adopt Ordinance
No. 1107-1 on its Second and Final Reading.
City Manager Clay Pearson stated this is amending Chapter 30, Utilities, of the City of Pearland
Code of Ordinances as it pertains to Cross -Connection Control and Prevention.
Councilmember Hernandez stated his understanding is this change will only effect residences
that have built in chemical -type systems.
Assistant City Manager Trent Epperson stated that is correct and will only affect residents that
have either an irrigation system with chemical additives, a pool with an automatic chemical feeder
or residences with a septic system.
Conversation ensued between Council and staff regarding the regulations that will be set in place
for businesses.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
First Reading of Ordinance No. 1210-2019.1- 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 23-1.1, 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. 1210-2019.1 on its First Reading.
City Manager Clay Pearson stated this is amending Chapter 23, Plumbing and Gas, of the City of
Pearland Code of Ordinances, entitled Local Amendments.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
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Council Action - Resolution No. R2019-135 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a unit price bid for the purchase of motor fuel from Houston -Pasadena
Apache Oil Company, in the estimated amount of $830,000.00, for the period of October 18th,
2019 through October 17th, 2020.
Resolution was removed from the Agenda and no Council action taken.
Council Action - Resolution No. R2019-245 - A Resolution of the City Council of the City of
Pearland, Texas, renewing a unit supply contract for landscape maintenance services (combined
medians, right of way and facilities) with Maldonado Nursery and Landscaping, Inc., in the
estimated amount of $1,122,778.88, for the period of October 15, 2019 through October 14, 2020.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-245.
City Manager Clay Pearson stated this is renewing a unit supply contract for landscape
maintenance services with Maldonado Nursery and Landscaping, Inc.
Voting "Aye" Councilmember Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Orlando absent from the Chambers.
Council Action - Resolution No. R2019-252 - A Resolution of the City Council of the City of
Pearland, Texas, awarding a bid for construction services to Android Construction Services, for
the Water Quality/Transite Waterline Project, in the amount of $527,955.00.
Councilmember Reed made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-252.
City Manager Clay Pearson stated this is awarding a bid for construction services to Android
Construction Services, for the Water Quality/Transite Waterline Project.
Councilmember Moore stated this is a developer issue that has become the City's issue. He also
stated a policy should be established to ensure developers are required to lay water lines properly.
Director of Engineering and Capital Projects Robert Upton stated the policy was updated to
address the issue and should not be a problem moving forward.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
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Council Action - Resolution No. R2019-239 - 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 Joiner
Architects, in the amount of $592,600.00, for professional services associated with the design,
renovation and construction of Fire Station No. 4.
Councilmember Perez stated he is recusing himself due to a business relationship with the project
architect.
Councilmember Little made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-239.
City Manager Clay Pearson stated this is a contract with Joiner Architects for professional
services associated with the design, renovation and construction of Fire Station No. 4.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore and Owens.
Voting "No" None.
Motion passed 6 to 0 with Councilmember Perez absent from the Chambers.
Council Action - Resolution No. R2019-258 - A Resolution of The City Council of the City of
Pearland, Texas, authorizing the City's participation in the federal FY 2018 U.S. Department of
Homeland Security -Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire
Emergency Response (SAFER) grant program, award number EMW-2018-FH-00545, totaling
$3,078,612.00, which includes a local cost -share of $1,180,135.00 in matching funds.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-258.
City Manager Clay Pearson stated this would authorize the City's participation in the federal FY
2018 U.S. Department of Homeland Security -Federal Emergency Management Agency (FEMA)
Staffing for Adequate Fire Emergency Response (SAFER) grant program, award number EMW-
2018-FH-00545.
Conversation ensued between Councilmember Perez and staff regarding the guidelines for
participation in the program and the funding source for the additional staff.
Voting "Aye" Councilmember Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
Council Input and Discussion - FY 20/21 Houston -Galveston Area Council (HGAC) Solid Waste
Management Grant Program (SWMG).
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Councilmember Hernandez stated he is recusing himself from the discussion due to involvement
with one of the organizations that will be discussed.
Deputy City Manager Jon Branson and Grants and Special Projects Administrator Joel Hardy
gave a presentation to Council regarding the Houston -Galveston Area Council (HGAC) Solid
Waste Management Grant Program,
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 9:00 p.m. to discuss
the following:
1. Executive Session- Section 551-074 - Personnel Matters - Regarding
appointments to the Boards and Commissions
NEW BUSINESS CONTINUED:
Council returned from Executive Session at 9:48 p.m.
Council Action - Regarding appointments to the Boards and Commissions.
Council took no action.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 9:50 p.m.
Minutes approved as submitted and/or corrected this the 27th day of April, A.D., 2020.
AT
Crys I Roan, TRMC, CMC
City Secretary
c i
Tom Reid
Mayor
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