2020-10-12 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON OCTOBER 12, 2020, VIA TELEPHONE/VIDEO CONFERENCE AT 6:30
P.M., IN THE CITY HALL COUNCIL CHAMBERS,3519 LIBERTY DRIVE, PEARLAND,TEXAS.
CALL TO ORDER
Mayor Reid called the meeting to order at 6:33 p.m.
INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA
FLAG AND TEXAS FLAG
Councilmember Moore gave the Invocation and Councilmember Hernandez led the Pledges of
Allegiance.
ROLL CALL AND CERTIFICATION OF QUORUM:
Mayor Tom Reid
Councilmember Luke Orlando
Councilmember Tony Carbone
Councilmember Gary Moore
Councilmember Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
Mayor Pro-Tern J. David Little and Councilmember Hernandez was absent.
CITIZEN COMMENTS:
Jimmy Davis, 5004 Colmesneil Street, stated his concerns regarding utility billing, meter reads,
and the Public Information Act.
Dan Brazil, spoke on behalf of Frontier Waste Solutions, regarding the quality of services provided
Frontier Waste Solutions.
Denise Hewitt, 3404 Blue Spruce Trail, stated her concerns regarding the proposed fee increase
proposed by Waste Management. She also stated her concerns regarding the conflict of interest
disclosures submitted by Councilmember Perez and Councilmember Owens for Astros World
Series tickets.
Jeff Hunkele, 3912 Oakwood, stated that he feels Council should approve all subcontractors for
City construction jobs. He also stated his concerns regarding the Waste Management contracts.
Jerald Equina, 5065 Westheimer Road, Houston, TX 77056, spoke on behalf of the Zone Change
request for 3202 Wagon Trail.
PUBLIC HEARING:
Public Hearing - First of two (2) public hearings and opening of the public comment period on
Community Development Block Grant (CDBG) allocations from the U.S. Department of Housing
City Council Regular Meeting-Oct 12 2020
and Urban Development: FY 2021 Annual CDBG Allocation - $428,160; FY 2021 CDBG-CV1 -
$251,873 (COVID-19 04/02/2020 Stimulus); and FY 2021 CDBG-CV3 Part A-$443,583 (COVID-
19 09/11/2020 Stimulus).
STAFF REVIEW
Joel Hardy gave an overview of the Community Block Grant allocations.
CITIZEN COMMENTS ON THE PUBLIC HEARING
There were none.
COUNCIL/STAFF DISCUSSION
Discussion between Council and Staff ensued.
ADJOURNMENT OF THE PUBLIC HEARING
Mayor Reid adjourned the Public Hearing at 7:06 p.m.
CONSENT AGENDA:
A. Consideration and Possible Action -Approval of minutes:
Regular Meeting Minutes, August 24, 2020
Public Hearing Minutes, August 31, 2020
B. Consideration and Possible Action - Resolution No. R2020-202 -A Resolution of
the City Council of the City of Pearland, Texas, authorizing an Advanced Funding
Agreement with the State of Texas, in the amount of$193,600.00, for the Country
Club Bridge Replacement Project.
C. Consideration and Possible Action -Resolution No. R2020-200 -A Resolution of the
City Council of the City of Pearland, Texas, renewing a software maintenance
contract with Tyler Technologies, Inc., for software maintenance services in the
amount of$202,359.38.
D. Consideration and Possible Action -Resolution No. R2020-201 -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 $321,706.90, for the period of October 1, 2020 through
September 30, 2021.
E. Consideration and Possible Action - Resolution No. R2020-204 - 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 (Texas Department of Information Resources and
National Intergovernmental Purchasing Alliance) for the purchase of Information
Technology equipment and hardware from CDW Government, in the estimated
amount of$250,000.00.
F. Consideration and Possible Action - Resolution No. R2020-211 - A Resolution of
The City Council of the City of Pearland, Texas, authorizing the City Manager or his
designee to participate in the Texas BuyBoard cooperative purchasing program for
City Council Regular Meeting-Oct 12 2020
the purchase of a Document Management Application Upgrade and Consulting
Services with MCCI, in the amount of$128,399.43.
G. Consideration and Possible Action - Resolution No. R2020-198 - 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 estimated amount of$200,000.00.
H. Consideration and Possible Action -Resolution No. R2020.199 -A Resolution of the
City Council of the City of Pearland, Texas, authorizing the City Manager or his
designee to participate in an interlocal pricing arrangement with the Interlocal
Purchasing System for monthly preventative maintenance and repairs associated
with Dectron Pool Dehumidifiers, with McMillan James Equipment Company, in the
estimated amount of $128,950.00, for the period beginning November 1, 2020
through October 31, 2021.
I. Consideration and Possible Action -Resolution No. R2020-209 -A Resolution of the
City Council of the City of Pearland, Texas, authorizing the submittal of a funding
assistance application to the Texas Water Development Board Clean Water
Revolving Fund, for the costs associated with the design and construction of the
John Hargrove Water Reclamation Facility ("JHWRF") Expansion Project, in the
amount of$75,000,000.00.
J. Consideration and Possible Action -Resolution No. R2020-210 -A Resolution of the
City Council of the City of Pearland, Texas, authorizing participation in an interlocal
agreement with National IPA — OMNIA Partners for the purchase of City supplies
from Amazon Business, in the estimated amount of$120,000.00,for October 1, 2020
through September 30, 2021.
K. Consideration and Possible Action — Second and Final Reading of Ordinance No.
1494-3 -An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 1494-2, establishing prima facie speed limits established for vehicles
under the provisions of Section 545.356, Texas Transportation Code, upon certain
streets and highways, of parts thereof, within the corporate limits of the City of
Pearland,as set out in this ordinance and providing a penalty(Reid Boulevard From
FM 518 to 300 feet north of Avalon Manor Lane).
L. Consideration and Possible Action - Resolution No. R2020-205 - A Resolution of
The City Council of the City of Pearland, Texas, authorizing the City Manager, or his
designee, to accept the FY 2020 Emergency Management Performance Grant
(EMPG) from the Texas Division of Emergency Management (TDEM) in the amount
of $36,400.57 in federal pass-through Funds from the Federal Emergency
Management Agency(FEMA).
Councilmember Hernandez joined the meeting.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to
approve Consent Agenda Items A through L with exception of Items B, C, D, F.
City Council Regular Meeting-Oct 12 2020
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
MATTERS REMOVED FROM CONSENT AGENDA:
B. Consideration and Possible Action -Resolution No. R2020-202 -A Resolution of the
City Council of the City of Pearland, Texas, authorizing an Advanced Funding
Agreement with the State of Texas, in the amount of $193,600.00, for the Country
Club Bridge Replacement Project.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-202
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-202 is adopted.
C. Consideration and Possible Action -Resolution No. R2020-200 -A Resolution of the
City Council of the City of Pearland, Texas, renewing a software maintenance
contract with Tyler Technologies, Inc., for software maintenance services in the
amount of$202,359.38.
Councilmember Orlando made the motion, seconded by Councilmember Perez, to amend
the value for the software purchase to $61,173.23 to accommodate the received invoice.
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-202 to amend the value for the software purchase to
$61,173.23 to accommodate the received invoice.
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-202 is adopted.
D. Consideration and Possible Action -Resolution No. R2020-201 -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 $321,706.90, for the period of October 1, 2020 through
September 30, 2021.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-201.
City Council Regular Meeting -Oct 12 2020
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-201 is adopted.
F. Consideration and Possible Action -Resolution No. R2020.211 -A Resolution of The
City Council of the City of Pearland, Texas, authorizing the City Manager or his
designee to participate in the Texas BuyBoard cooperative purchasing program for
the purchase of a Document Management Application Upgrade and Consulting
Services with MCCI, in the amount of$128,399.43.
Councilmember Orlando made the motion, seconded by Councilmember Perez, to
approve Resolution No. R2020-211
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-211 is adopted.
NEW BUSINESS:
1. Consideration and Possible Action — First Reading of Ordinance No. 2000M-205 -
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 a portion of Lot Thirty-One
(31) of the Allison Richey Coast Home Company's Subdivision of the H.T. & B.R.R.
Co. Survey, Section Ten (10),Abstract 505, in Brazoria County, Texas, according to
the Map of record in Volume 2, Page 23, Plat Records of Brazoria County, Texas,
Save and Except therefrom that certain 2.687 acres (117,042 square feet) as was
conveyed to the City of Pearland,Texas, by virtue of Deed recorded under Brazoria
County Clerk's File No.2019004567(1636 Max Road, Pearland,Texas).Zone Change
Application No.ZONE 20-00005, a request by Nick Mota, MMSN Enterprise of Texas
#2 LLC, applicant, on behalf of Deborah Simpson, owner; for approval of a zone
change request from Suburban Residential-12 (SR-12) District to General Business
(GB) District, on approximately 7.313 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 Carbone made the motion, seconded by Councilmember Moore, to
approve the First Reading of Ordinance No. 2000M-205.
AYES: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
2. Consideration and Possible Action — First Reading of Ordinance No. 2000M-204 -
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 the north 3.00 acres of Lot
56, of Figland Orchard Subdivision out of the H.T. & B.R.R. CO. Survey, Section 13,
Abstract 240, Brazoria County,Texas, according to the map or plat thereof recorded
City Council Regular Meeting-Oct 12 2020
in Volume 30, Page 77 of the Brazoria County Plat Records, Texas (3202 Wagon
Trail Road, Pearland, Texas). Zone Change Application No. ZONE 20-00003, a
request by Jerald Equina,applicant, on behalf of Joseph Manarang/Enrico Belarga,
owners; for approval of a zone change request from Residential Estate(RE) District
to Office & Professional (OP) District, on approximately 3.00 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 Hernandez made the motion, seconded by Councilmember Moore, to
approve the First Reading of Ordinance No. 2000M-204.
AYES: None.
NAYS: Orlando, Carbone, Hernandez, Moore, Perez, Owens.
The motion failed.
Councilmember Little joined the meeting.
3. Consideration and Possible Action -Resolution No. R2020-203 -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.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to
remove $450,000 from Certificates of Obligation for the Traffic Signal Program.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Moore made the motion, seconded by Councilmember Hernandez, to
approve Resolution No. 2020-203 as amended to remove $450,000 from Certificates of
Obligation for the Traffic Signal Program.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-203
4. Consideration and Possible Action -Resolution No. R2020-161 -A Resolution of the
City Council of the City of Pearland, Texas, amending a Construction Manager at
Risk contract with SpawGlass Corp, to include the Guaranteed Maximum Price
(GMP) of $16,001,451 (inclusive of General Conditions and Pre-Construction
Services), for construction phase services associated with Shadow Creek Library
Project.
Councilmember Perez made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2020-161.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-161 is adopted.
City Council Regular Meeting-Oct 12 2020
5. Consideration and Possible Action -Resolution No. R2020-208 -A Resolution of the
City Council of the City of Pearland, Texas, amending a Construction Manager at
Risk contract with Durotech, to include the Guaranteed Maximum Price (GMP) of
$8,475,561.00 (inclusive of General Conditions and Pre-Construction Services), for
construction services associated with the Animal Shelter and Adoption Center
Project.
Councilmember Owens made the motion, seconded by Councilmember Hernandez, to
approve Resolution No. R2020-208.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-208 is adopted.
6. Consideration and Possible Action - Resolution No. R2020- 206 - A Resolution of
the City Council of the City of Pearland, Texas, amending a Construction Manager
at Risk contract with Durotech, to include the Guaranteed Maximum Price (GMP) of
$7,379,161.00 (inclusive of General Conditions and Pre-Construction Services), for
construction services associated with the Fire Station No. 4 Project.
Councilmember Orlando made the motion, seconded by Councilmember Hernandez, to
approve Resolution No. R2020-206.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-206 is adopted.
7. Council Input and Discussion - Select a solid waste collection option, establish
solid waste franchise fee amounts, and review recommended vendor based on the
results of the Solid Waste RFP with Council.
Councilmember Hernandez recused himself from this item.
Council consensus was for the vendor to provide service option carts twice a week,
confirm the franchise fee for 15% for both, and for Staff to work with Frontier Waste
Solutions to draft a contract for consideration at a future City Council meeting.
8. Consideration and Possible Action -Resolution No. R2020-197 -A Resolution of the
City Council of the City of Pearland, Texas, awarding a construction bid associated
with the Public Safety Building Back-Up Power Redundancy as a Critical Facility
Project, to McDonald Electric, in the amount of$394,469.00.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-197.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-197 is adopted.
City Council Regular Meeting-Oct 12 2020
9. Consideration and Possible Action -Resolution No. R2020-177 -A Resolution of the
City Council of the City of Pearland, Texas, approving a request from Waste
Management to increase the residential customer base rate to$17.75 for solid waste
collection services, effective November 1, 2020.
Councilmember Carbone made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-177.
Council Hernandez recused himself from this item.
AYES: None.
NAYS: Orlando, Carbone, Little, Moore, Perez, Owens.
The motion failed.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.074 — Personnel Matters — Regarding the Annual Evaluation of the
Municipal Court Judge.
2. Section 551.074 — Personnel Matters — Regarding the Annual Evaluation of the
City Attorney.
Council adjourned into Executive Session at 10:08 p.m.
Council returned from Executive Session at 11:21 p.m.
NEW BUSINESS CONTINUED:
10. Consideration and Possible Action - Regarding the Annual Evaluation of the
Municipal Court Judge.
Councilmember Hernandez made the motion, seconded by Councilmember Owens, to
adjust the salary for the Municipal Court Judge as discussed in Executive Session.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
11. Consideration and Possible Action - Regarding the Annual Evaluation of the City
Attorney.
Councilmember Hernandez made the motion, seconded by Councilmember Moore, to
adjust the salary for the City Attorney as discussed in Executive Session.
AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
City Council Regular Meeting-Oct 12 2020
OTHER BUSINESS: None.
ADJOURNMENT
Mayor Reid adjourned the meeting at 11:24 p.m.
Minutes approved as submitted and/or corrected this the 9'h day of November 2020.
Tom Reid
Mayor
ATTEST:
i
Roan TRMC, CMC A ••:. A
City Secretary E
City Council Regular Meeting-Oct 12 2020