2019-10-14 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, OCTOBER 14, 2019, AT 6:00 P.M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:00 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
J. David Little
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 E. Rodriguez
Others in attendance: Jon Branson Deputy City Manager; Trent Epperson Assistant City
Manager; Johnny Spires Chief of Police; Vance Riley Fire Chief; Michelle Graham Human
Resource; Chris Orlea Parks and Recreation Director; John McDonald Director of Community
Development; Lawrence Provins Deputy City Attorney; Clarence Wittwer Director of Public
Works; Skipper Jones Assistant Director of Capitol Projects;
CALL TO ORDER
PURPOSE OF THE MEETING:
Council Action - Selection of proposed Charter Amendments to be submitted for the May 2020
Election.
City Attorney Darrin Coker addressed Council stating earlier this year the City convened a Charter
review Commission which fulfills their duties in reviewing the City's Charter and making their
recommendations. The Council received the Charter Commission recommendations and
accepted those recommendations into the City's official record. That did not mean the
recommendations would be sent to the voters, that was just accepting the report and their
recommendations. The purpose of this meeting is to discuss the purposed amendments to
determine which if any of the purposed amendments the Council would like to proceed with and
move forward by submitting them to the voters in the May 2020, Election.
Deputy City Attorney Lawrence Provins addressed Council and provided a brief overview of the
proposed Charter amendment changes. He stated the Charter Review Commission presented
items 1 (one) through 6 (six) to the Council at a Public Hearing. Since these items have been
presented to the Council, and the report has been accepted, there are 3 (three) new items for
consideration listed below numbers 7 (seven) 8 (eight) and 9 (nine).
1. Section 3.01- would change the term of office for councilmembers from 3 (three) year terms to
4 (four) year terms
Pearland Special Meeting Agenda October 14, 2019
2. Section 3.02- would change the residency requirement to run for Council from 6 (six) months
to not less than 12 months immediately preceding the election.
3. Section 3.12- would change misdemeanor fine amount, from $200 to $500, for not complying
with a Council subpoenas as part of a Council investigation.
4. Section 6.06- would change the time for which the City Secretary has to review a recall petition
for completeness from 5 (five) to 10 days.
5. Section 8.02- It would remove superfluous and unnecessary language regarding submission
of the annual budget to state the budget shall be submitted in accordance with state law.
6. Section 10.15- would change the number of members appointed to the Charter Review
Commission from a 5 (five) member body to a 7 (seven) member body.
7. Section 1.03 of the Charter reflects old state law states that the City can annex territory "lying
adjacent to the city, with or without the consent of the territory and inhabitants annexed." In an
effort to align the Charter with state law, it is recommended that this language be stricken to
indicate that annexations are subject to the rules prescribed by law. Furthermore, making such a
revision will allow the City to annex city -owned property, as allowed by state law, without having
to be adjacent to the city limits.
8. Section 3.09 of the Charter states that "Two-thirds (2/3) of the qualified members of the city
Council, including the Mayor, shall constitute a quorum to do business, and the affirmative vote
of the majority of those present shall be necessary to adopt any ordinance or resolution." Until the
size of City Council was increased from six members to eight members (including the Mayor), a
quorum of two-thirds resulted in a whole number (4) however; since the increase in the size of
City Council, it now results in a fraction (5.33) requiring the rounding up to get to a whole number
(6). In an effort to bring a quorum back to a whole number, City Council may want to consider
adjusting the two-thirds requirement to allow Council to meet with at least 5 members of City
Council (including the Mayor) present.
9. Section 3.09 also requires the vote for ordinances and resolutions be taken by roll call. In order
to facilitate the voting process and allow more flexibility in the voting process, the Council may
wish to propose this section to be amended to allow a vote by record instead of roll call.
Discussion ensued between the City Council and Deputy City Attorney Lawrence Provins
regarding items 7 (seven) 8 (eight) and 9 (nine).
Councilmember Orlando stated since the Mayor is included in the calculation for a quorum in
Number 8 (eight) of Section 3.09, and Number 9 (nine) Section 3.09 is not required but given the
option to make that change he is in favor of the recommendations.
Councilmember Reed stated Number 9 (nine) of Section 3.09 is needed and having that option is
good. Changing the quorum number from 6 (six) to 5 (five) is also good. He is in favor of the
recommendations 7 (seven) 8 (eight) and 9 (nine).
Mayor Pro -Tem Little is in support of changing the quorum to 5 (five) members plus the Mayor.
Further stating he likes the way the Council currently votes but is okay with option given in number
9 (nine) Section 3.09. He is in favor of the recommendations.
Councilmember Hernandez states Item 9 (nine) Section 3.09 is a positive change for this body
and is in favor of the recommendations.
Councilmember Moore is in favor of the recommendations.
Councilmember Perez stated he likes the way the body currently votes. He is okay with the
proposed amendment to allow the option for more flexibility in the future for the voting process
but would probably not support making that change.
Councilmember Owens stated at this time the rollcall vote is his only concern.
Discussion ensued between Council and Deputy City Attorney Lawrence Provins regarding the
proposed option for a record vote. The item would simply provide the Council flexibility to adopt
the process at a later date by resolution if the Council chose to do so in the future.
Discussion ensued between City Council and Deputy City Attorney Lawrence Provins regarding
the proposed changes to the term limits of office for Councilmembers from 3 (three) year terms
to 4 (four) year terms.
Scott Feuless, 3203 Forester Drive, Pearland, addressed Council and stated he is opposed to a
4 (four) year term of office for Councilmembers.
Mayor Reid stated he does not agree with the 4 (four) year term. He said the 4 (four) year term is
too long.
Councilmember Owens stated he would like to keep the terms to the current 3 (three) year term.
Councilmember Perez stated he would vote for a 4 (four) year term or have a discussion to allow
a third term and maintain the soft limit.
Councilmember Moore stated if there are no changes to the soft limit, he does not see a need to
change to 4 (four) year terms. However, is not opposed to the 4 (four) year term but would like to
add language that would state a longer time out.
Councilmember Hernandez stated he sees pros and cons to the 3 (three) and the 4 (four) year
terms and is comfortable with the 3 (three) year terms.
Mayor Pro -Tem Little stated he likes the 3 (three) year terms. to a two 4 (four) year term is a
long time. A Councilmember could have the potential to serve on Council for 11 years if there
had to be an unexpired term to fill. He is favor of leaving it the terms the way that it is.
Councilmember Reed stated he is in favor of leaving the 3 (three) year term. Leaving an open
seat each cycle encourages citizens to run for Council.
Councilmember Orlando asked for clarification on the timeline and process for Council to vote or
strike the proposed items.
City Attorney Darrin Coker provided an overview of the Charter review process and the Council
timeline to consider the amendments to send to the voters.
Discussion ensued between Council and Deputy City Attorney Lawrence Provins regarding the
proposed Charter amendments.
Councilmember Perez states excluding number 1 (one) of the proposed amendments items 2
(two) through 15 are valuable changes. He recommends acceptance of the recommendation of
the Charter Review Committee.
Councilmember Perez makes a Motion Second by Councilmember Moore to approve the
proposed Charter Amendment Numbers 2 (two) through 9 (nine) as presented and discussed in
this meeting.
City Attorney called a simple vote by show of hands for those in favor of items 2 (two) through 9
(nine) to the voters in May 2020.
Those in favor 7 to 0.
Mayor Pro -Tem Little makes a Motion Second by Councilmember Perez to vote on whether to
send Item 3.01 to the voters in May 2020.
City Attorney called a simple vote by show of hands for those in favor of sending Item 3.01 to the
voters in May 2020.
Those in favor 1.
City Attorney called a simple vote by show of hands for those in favor of Not sending Item 3.01 to
the voters in May 2020.
Those in Favor 6.
City Attorney Darrin Coker stated based on votes item 1. Section 3.01- to change the term of
office for councilmembers from 3 (three) year terms to 4 (four) year terms will not be sent to the
voters in May 2020.
ADJOURNMENT
Mayor Tom Reid adjourned the meeting 6:50 p.m.
Tom Reid
Mayor
4ta
T:
l Roan, TFTMC, CMC
City Secretary
Pearland City Council Regular Meeting
Agenda
April 27, 2020
CITY COUNCIL AGENDA
CITY OF PEARLAND
REGULAR COUNCIL MEETING
Monday, April 27, 2020 6:30 PM
COUNCIL CHAMBERS│PEARLAND CITY HALL│3519 LIBERTY DRIVE
NOTICE IS HEREBY GIVEN in accordance with order of the Office of the Governor issued
March 16, 2020, the City Council of the City of Pearland will conduct its Regular Meeting
scheduled on April 27, 2020 at 6:30 p.m., located at City Hall, 3519 Liberty Dr., Pearland,
Texas 77581 by telephone or video conference in order to advance the public health goal of
limiting face-to-face meetings (also called “social distancing”) to slow the spread of the
Coronavirus (COVID-19). There will be no public access to the location described above.
The public will be permitted to offer public comments telephonically as provided by the
agenda and as permitted by the presiding officer during the meeting; no in-person input will
be allowed.
All speakers MUST register in advance (Monday, April 27, no later than 12 p.m.). All public
comments will ONLY occur at the beginning of the meeting starting at 6:30 p.m.
To speak remotely at the April 27, 2020 City Council Regular Meeting, speakers MUST:
• Submit the online registration form found at: http://www.pearlandtx.gov/departments/city-
secretary/speaker-request-registration-form
• Registration must be received no later 12 p.m. on Monday, April 27.
• Once the registration form is received, residents will receive either an email or phone call
providing the telephone number to call on Monday, April 27.
• Speakers must call in at least 30 minutes prior to meeting start in order to speak, late callers
will not be accepted and will not be able to speak.
• Speakers will be placed in a queue until their time to speak.
• Handouts or other information must be emailed to citysecretary@pearlandtx.gov no later
than 12 p.m. on Monday, April 27. The information will be provided to Mayor and Council in
advance of the meeting.
• Residents may watch the Council Meeting online at: https://pearlandtx.civicweb.net/Portal/
I.CALL TO ORDER
II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Pearland City Council Regular Meeting
Agenda
April 27, 2020
III.ROLL CALL:
Mayor Reid, Mayor Pro-Tem Little, Councilmembers Orlando, Carbone, Moore,
Hernandez, Perez and Owens.
IV.CITIZEN COMMENTS:
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three-minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question-answer session, however, it is an opportunity to voice your thoughts with City
Council.
V.PUBLIC HEARING: None
VI.CONSENT AGENDA:
All items listed under the “Consent Agenda” are considered to be routine and require
little or no deliberation by the City Council. These items will be enacted/approved by
one motion unless a councilmember requests separate action on an item, in which
event the item will be removed from the Consent Agenda and considered by separate
action (VI. matters removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
A.Approval of minutes:
October 7, 2019, City Council and Planning and Zoning Joint Special
Meeting.
October 7, 2019, City Council Special Meeting.
October 14, 2019, City Council Regular Meeting.
October 14, 2019, City Council Special Meeting.
October 21, 2019, City Council and Planning and Zoning Joint Special
Meeting.
October 28, 2019, City Council Regular Meeting
October 28, 2019, City Council Special Meeting.
2019-10-07 JSM Minutes 4.27.20
2019-10-07 Special Meeting 4.27.20
2019-10-14 Regular Meeting 4.27.20
2019-10-14 Special Meeting 4.27.20
2019-10-21 JSM Minutes 4.27.20
2019-10-28 Regular Meeting 4.27.20
2019-10-28 Special Meeting 4.27.20
B.Consideration and Possible Action - Second and Final Reading of
Ordinance 2000M-202- 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, A 3.172-acre tract in the D. H. M. Hunter Survey, Abstract
No. 76 in Brazoria County, Texas. Said 3.172-acre tract is in a 39.50-acre
Pearland City Council Regular Meeting
Agenda
April 27, 2020
tract of land described in a deed to Musgrave-Grohman Ventures, Ltd. As
recorded in Clerk’s File No. 2004027202 in the Brazoria County Clerk’s
Office. (East of 1853 Pearland Parkway). Zone Change Application No.
ZONE on 19-00024, a request by Paul Grohman, applicant, behalf of
Musgrave-Grohman Ventures, Ltd., owner; for approval of an amendment
to the Stonebridge Planned Development to allow a pet store and care
facility, on approximately 3.17 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.
Second and Final reading of Ordinance 2000M-202 - Zone Change Application - ZONE19-
00024 - amendments to the Stonebridge Planned Development AIR-20-133
C.R2020-77No. Resolution Consideration Action Possible and - A -
Resolution of the City Council of the City of Pearland, Texas,, ("City")
responding to the application of Centerpoint Energy Resources Corp., Texas
Coast Division, to increase rates under the gas reliability infrastructure
program; suspending the effective date of this rate application for forty-five
days; authorizing the City to continue to participate in a coalition of cities
known as the "Texas Coast Utilities Coalition" of cities; determining that the
meeting at which the resolution was adopted complied with the Texas Open
Meetings Act; making such other findings and provisions related to the
subject; and declaring an effective date.
CenterPoint GRIP Application AIR-20-080
D.No. R2020-79Resolution Action Possible and Consideration - - A
Resolution of the City Council of the City of Pearland, Texas, authorizing an
interlocal and fixtures furniture, of agreement cooperative purchase
equipment, associated with the Fire Station No. 8 Project, from The Luck
Company in the amount of $50,992.69.
Fire Station 8 Furniture AIR-20-005
E.R2020-74Resolution No. Action Possible and Consideration - 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 County for relocation of a City waterline along County Road 101
(Bailey Road).
Brazoria County Interlocal (Bailey Waterline) AIR-20-112
F.R2020-75No. Resolution - Possible and Consideration Action A -
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract for auto parts with Auto Plus, in the estimated amount of
$90,000.00, for the period of April 27, 2020 through April 26, 2021.
Contract renewal for Auto Plus AIR-20-115
VII.MATTERS REMOVED FROM CONSENT AGENDA:
VIII.NEW BUSINESS:
Pearland City Council Regular Meeting
Agenda
April 27, 2020
1.No. Consideration and Possible Action - Resolution R2020-76 - A
Resolution of the City Council of the City of Pearland, Texas, awarding an
installation services contract for the Fiber Optic Backbone Network Project
(Magnolia/John Lizer) to TDC2, in the amount of $650,147.56.
Fiber Backbone (Magnolia/John Lizer) Construction Contract AIR-20-119
2.No. R2020-78- Resolution Possible Action and Consideration - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction materials testing contract with Terracon, in the estimated amount
of $462,860.00, for the Surface Water Plant Project.
Surface Water Plant Material Testing Contract AIR-20-126
3.Council Input and Discussion - Regarding Public Health Advisory
Committee.
IX.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None
X.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1..Section 551.087 – Consultation with the City Attorney – Regarding
Economic Development Negotiations.
2.Section 551.072 – Consultation with the City Attorney - Regarding the
acquisition of real property.
XI.NEW BUSINESS CONTINUED:
4.Consideration and Possible Action - Regarding Economic Development
Negotiations.
5.Consideration and Possible Action - Regarding the acquisition of real
property.
XII.OTHER BUSINESS: None
XIII.ADJOURNMENT
I certify that a copy of this notice of the Regular Meeting for April 27, 2020, was posted at City
Hall, 3519 Liberty Dr., Pearland, TX 77581 on April 23, 2020 by 5:00 p.m.
Crystal N. Roan
Crystal N. Roan, TRMC, CMC
City Secretary