2019-10-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, OCTOBER 28, 2019, AT 6:30 P.M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:15 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; Matt Buchanan President of EDC; Trent
Epperson Assistant City Manager; John McDonald Director of Community Development; Cynthia
Pearson Director of Finance; Johnny Spires Police Chief; Robert Upton Director of Engineering
and Capital Projects; Joel Hardy Grants — Special Projects Administrator; Joshua Lee
Communications Director; and Lawrence Provins Deputy City Attorney.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Little, Councilmembers Orlando, Reed, Moore,
Hernandez, Perez and Owens.
CITIZEN COMMENTS: None.
PUBLIC HEARING: None
VI. CONSENT AGENDA:
A. Approval of minutes of July 15, 2019, Joint Special Meeting held at 6:30 p.m.
Approval of minutes of July 22, 2019, Special Meeting held at 4:30 p.m.
Approval of minutes of August 5, 2019, Special Meeting held at 6:00 p.m.
Approval of minutes of August 5, 2019, Joint Special Meeting held at 6:30 p.m.
B. Consideration and Possible Action - Regarding the reappointment of Crystal
Carbone to Position No. 2 a (3) year Term expiring November 1, 2022; The
reappointment of Vanessa Wilkerson Dunn to Position No. 5 a three (3) year Term
expiring November 1, 2022, to serve on the Library Advisory Board.
C. Consideration and Possible Action - Regarding the reappointment of Jeff Webb
to Position No. 1 a three (3) year Term expiring November 1, 2022; The
reappointment of Katie Chennisi to Position No. 4 a three (3) year Term expiring
November 1, 2022, to serve on the Parks, Recreation and Beautification Board.
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D. Consideration and Possible Action - Regarding the reappointment of Manny
Patel to Position No. 1 a three (3) year Term expiring November 1, 2022, to the
Convention and Visitor's Bureau Advisory Board.
E. Consideration and Possible Action - Regarding the reappointment of Tom Pool
to Position No. 1, a two (2) year Term expiring November 1, 2021; The
reappointment of Tony Carbone to Position No. 3 a two (2) year Term expiring
November 1, 2021; The reappointment of Tom Reid to Position No. 5 a two (2)
year term expiring November 1, 2021 to serve on the Development Authority of
Pearland Board.
F. Consideration and Possible Action - Regarding the reappointment of Mark
Lewis to Position No. 2 a two (2) year Term expiring November 1, 2021; The
reappointment of Gary Shrum to Position No. 4 a two (2) year Term expiring
November 1, 2021; The reappointment of Jerry Acosta to Position No. 5, a two (2)
year Term expiring November 1, 2021; The reappointment of John Gehring, Jr. to
Position No. A2 a two (2) year term expiring November 1, 2021 to serve on the
Zoning Board of Adjustments.
G. Consideration and Possible Action - Resolution No. R2019-264 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in an
interlocal agreement with Brazoria County for the purchase of Hardware Supplies
and Materials from Pearland Lumber Company, Inc., in the estimated amount of
$100,000.00, for as needed materials for fiscal year 2020.
H. Consideration and Possible Action - Resolution No. R2019-263 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in an
interlocal agreement with IPA -OMNIA Partners for the cooperative purchase of
good and services.
Consideration and Possible Action - Resolution No. R2019-241 - 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 Buy Board Cooperative for a three (3) year lease of landscape
equipment, with $1 buy-out/ownership at month 37, as part of the Parks Efficiency
Package, from John Deere, in the amount of $213,333.35.
J. Consideration and Possible Action - Resolution No. R2019-249 - 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
Source well for the purchase of one (1) haul trailer, in the amount of $83,677.00,
from Doggett Heavy Machinery Services, LLC.
K. Consideration and Possible Action - Second and Final 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,
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entitled Local Amendments; having a savings clause, a severability clause, and a
repealer clause; and provid-ing for codification -and an effective date.
Councilmember Orlando made the motion, seconded by Councilmember Moore to adopt Consent
Agenda Items A through K except for Item H, I and J as presented on the Consent Agenda.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
VII. MATTERS REMOVED FROM CONSENT AGENDA:
H. Consideration and Possible Action - Resolution No. R2019-263 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in an
interlocal agreement with IPA -OMNIA Partners for the cooperative purchase of
good and services.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-263.
City Manager Clay Pearson stated this would authorize participation in an interlocal agreement
with IPA -OMNIA Partners for the cooperative purchase of good and services.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore and Perez.
Voting "No" Councilmember Owens.
Motion passed 6 to 1.
1. Consideration and Possible Action - Resolution No. R2019-241 - 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 Buy Board Cooperative for a three (3) year lease of landscape
equipment, with $1 buy-out/ownership at month 37, as part of the Parks Efficiency
Package, from John Deere, in the amount of $213,333.35.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-241.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
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J. Consideration and Possible Action - Resolution No. R2019-249 - 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
Sourcewell for the purchase of one (1) haul trailer, in the amount of $83,677.00,
from Doggett Heavy Machinery Services, LLC.
Councilmember Orlando made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-249.
City Manager Clay Pearson stated would allow the City to participate in an interlocal cooperative
pricing arrangement with Sourcewell for the purchase of one (1) haul trailer from Doggett Heavy
Machinery Services, LLC.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
VIII. NEW BUSINESS:
First Reading of Ordinance 2000M-192 - 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 all of Lot 3, Block 1 of the
Sea Bass Addition, an addition in the City of Pearland, Texas according to the plat recorded in
County Clerk's File No. 2019014894 of the Plat Records of Brazoria County, Texas. (7409 Bailey
Road) Zone Change Application No. ZONE 19-00019, a request by Norman W. and Shelia Hicks,
owner; for approval of a zoning change from the interim Suburban Development District (SD) to
Single-family Residential -15 District (SR -15), for recently annexed land totaling approximately
10.49 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 Reed made the motion, seconded by Councilmember Moore to adopt Ordinance
No. 2000M-192.
City Manager Clay Pearson stated this would approve a zoning change from the interim Suburban
Development District (SD) to Single-family Residential -15 District (SR -15).
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
First Reading of Ordinance No. 1330-1- An Ordinance of the City Council of the City of
Pearland, Texas amending Chapter 20, Offenses and Miscellaneous Provisions, Section 20-9
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Smoking in Public Places, of the City of Pearland Code of Ordinances; having a savings clause,
a severability clause, and a repealer clause; and providing for codification and an effective date.
Mayor Pro -Tem Little made the motion, seconded by Councilmember Moore to adopt Ordinance
No. 1330-1.
City Manager Clay Pearson stated this would amend Chapter 20, Offenses and Miscellaneous
Provisions, Section 20-9 Smoking in Public Places, of the City of Pearland Code of Ordinances.
Jimmy Davis, 5004 Colmesneil St, addressed Council regarding his support of the new Non -
Smoking Ordinance, including vaping.
Voting "Aye" Councilmembers Little, Hernandez, Owens, Orlando and Reed.
Voting "No" Councilmembers Moore and Perez.
Motion passed 5 to 2.
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 November 1,
2019 through October 31, 2020.
Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve
Resolution No. R2019-135.
City Manager Clay Pearson stated this would award a unit price bid for the purchase of motor fuel
from Houston -Pasadena Apache Oil Company.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
Consideration and Possible Action - Regarding possible action approving a measure to be
placed on the May 2020 ballot to consider creating a Municipal Drainage Utility and Stormwater
Fee.
City Manager Clay Pearson stated this item has been discussed in the past. He also stated Staff
is now ready to present this item for Council to consider allowing it to be included on an upcoming
election ballot.
Director of Engineering and Capital Projects Robert Upton gave an overview of the proposed
Stormwater Utility Fee the Stormwater Management of Pearland.
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Alex Kamkar, 3409 Ashton Springs Lane, addressed Council stating his opposition of the
proposed plan. He stated projects that move water should to be completed within the City.
Conversation ensued between Council and staff regarding the proposal for staff, equipment, the
initial fee, creating a fund for Stormwater Drainage and including this on an upcoming election
ballot for resident consideration.
City Attorney Darrin Coker stated Council's vote would approve the proposed language for the
election ballot.
Councilmember Hernandez made the motion, seconded by Councilmember Perez to amend the
language to strike the word "initial" from "initial fee" in the proposed Stormwater Fee.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Amended motion passed 7 to 0.
Councilmember Hernandez made the motion, seconded by Councilmember Perez to amend the
language to cap the rate increase at 5 percent, including a condition to require a supermajority
vote to amend the fee.
Mayor Reid called for the vote on the amended motion.
Voting "Aye" Councilmembers Hernandez, Perez, and Orlando.
Voting "No" Councilmembers Moore, Owens, Reed and Little.
Amended motion failed 4 to 3.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Hernandez and Perez.
Voting "No" Councilmembers Moore, Owens, Orlando, Reed and Little.
Amended motion failed 5 to 2.
Council Input & Discussion - Regarding Historically Underutilized Business (HUB) Preference
Options.
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City Manager Clay Pearson stated this is a Council discussion item. He gave an overview of the
process for procurement of underutilized businesses.
Councilmember Reed stated he requested this item to discuss methods used by other cities to
manage the process of selecting underutilized businesses as part of a larger project. He also
inquired about the definition of an underutilized business.
Councilmember Moore stated he would to include veteran and disabled veteran businesses on
the list for projects and bids.
Councilmember Perez stated he does not support this initiative, stating underutilized business
may not always be a small business, it could be a business not used before. He further stated he
feels the process to award contracts should be changed due to the City's yearly contracts are
awarded to the same firms. Councilmember Perez also stated he feels mandating the use of
underutilized businesses would not create additional competitive bids. He also stated that he feels
it could cause other businesses to feel a disadvantage when competing with underutilized
businesses.
Councilmember Owens stated he feels there are minority firms that can do the job just as well
as larger firms. He further stated he feels the issue is Council is provided the names of firms to
consider after a contract is negotiated. He also stated that he feels staff should provide to
Council, the names of multiple firms for discussion.
Councilmember Orlando stated he feels the language used to advertise bids and the criteria used
to evaluate the bids should be reviewed. He stated that he feels the bid process should be revised
if there is a disparity.
Councilmember Reed stated he agrees with Councilmember Owens's statement regarding the
lack of staff providing all submitted bids to Council. He also stated he feels this portion of the
process prior to selecting a firm should be changed. He further stated he feels Council should
see more contracts, regardless of the dollar threshold.
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. Section 551.072 — Real Property: Regarding the Sale, Lease, Purchase, or
Exchange of Real Property.
Council returned from Executive Session at 9:37 p.m.
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NEW BUSINESS CONTINUED:
Council Action - Regarding the Sale, Lease, Purchase, or Exchange of Real Property.
City Attorney Darrin Coker recommended a motion by Council to authorize staff to proceed with
the acquisition of property for the McHard Road project and property for City facilities as discussed
in Executive Session.
Councilmember Reed made the motion, seconded by Councilmember Moore to accept City
Attorney Darrin Coker's recommendations.
Voting "Aye" Councilmembers Orlando, Reed, Little, Hernandez, Moore, Perez and Owens.
Voting "No" None.
Motion passed 7 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 9:38 p.m.
Minutes approved as submitted and/or corrected this the 27th day of April, A.D., 2020.
IsT:
City Secretary
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Tom Reid
Mayor
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