2020-03-23 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MARCH 23, 2020 AT 6:30 P.M., IN THE PEARLAND CITY
HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Mayor Tom Reid called the meeting to order at 6:30 p.m.
INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA
FLAG AND TEXAS FLAG
Councilmember Hernandez gave the invocation and Councilmember Perez led the Pledges of
Allegiance.
ROLL CALL:
Mayor Tom Reid
Councilmember Luke Orlando
Councilmember Gary Moore
Councilmember Adrian Hernandez
Councilmember Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
Mayor Pro-Tem J. David Little and Councilmbember Tony Carbone were absent.
Others in attendance: Deputy City Manager Jon Branson, Assistant City Manager Trent
Epperson, and Director of Finance Cynthia Pearson.
CITIZEN COMMENTS:
Felicia Harris-Noss, 3112 Sumac, spoke regarding the Texas Governor's order relating to the
coronavirus.
Jimmy Davis, 5004 Colmesneil, stated his concerns relating to a letter the City sent to the Texas
Attorney General's Office regarding utility billing.
Eugen Howard, President of the Brazoria County NAACP, 32 Lavida Court, spoke in favor of the
City moving the May 2, 2020 general and special election to the November 3, 2020 uniform
election date due to the coronavirus.
Robin Burgess, 5406 Meadow Spring Court, spoke in favor of the City moving the May 2, 2020
general and special election to the November 3, 2020 uniform election date due to the
coronavirus.
Jai Daggett, 13003 Shoalwater Lane, spoke in favor of the City moving the May 2, 2020 general
and special election to the November 3, 2020 uniform election date due to the coronavirus.
Thomas Long, 2511 Feather Green Trail, spoke on behalf of Banner Services, asked for Council's
support in honoring veterans and those in active duty.
Pearland City Council Regular Meeting March 23, 2020
Minutes
PUBLIC HEARING: NONE
CONSENT AGENDA:
Councilmember Moore made the motion, seconded by Councilmember Perez, to
postpone consideration of the Consent Items to a future meeting due to the coronavirus.
AYES: Orlando, Moore, Owens.
NAYS: Hernandez, Perez.
The motion carried.
Councilmember Orlando made the motion, seconded by Councilmember Hernandez, to
reconsider the motion to postpone the Consent Agenda to a future meeting.
AYES: Moore, Owens.
NAYS: Orlando, Hernandez, Perez.
The motion failed.
A. Consideration and Possible Action -Resolution No. R2020.10 -A Resolution of the City
Council of the City of Pearland, Texas, amending a contract for design services with
Cobb, Fendley & Associates, in the additional amount of $115,641.07 (total contract
amount of $629,201.25), associated with the Fite Road Expansion Project (McLean
Road to Veterans Drive).
B. Consideration and Possible Action -Resolution No. R2020-39 -A Resolution of the City
Council of the City of Pearland, Texas, awarding a bid for purchase of one (1) crane
truck,from Chastang Ford, in the amount of$136,998.00 through the Texas Association
of School Boards (TASB) Buyboard.
C. Consideration and Possible Action -Resolution No. R2020-41 -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 the Texas Department of Public Safety
associated with the implementation of an automated Failure to Appear("FTA") system.
D. Consideration and Possible Action -Resolution No. R2020-53-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 a voice communication platform
suite from Cisco, in the amount of$274,680.00.
E. Consideration and Possible Action -Resolution No. R2020-51 -A Resolution of the City
Council of the City of Pearland, Texas, authorizing a construction materials testing
contract with GeoScience Engineering & Testing, Inc., in the estimated amount of
$70,020.00, for the Orange Street Service Center Project (Phase 1).
F. Consideration and Possible Action - Excuse the Absence of Councilmember Adrian
Hernandez from the City Council Regular Meeting held on March 2, 2020.
G. Consideration and Possible Action - Excuse the Absence of Councilmember Trent
Perez from the City Council Regular Meeting held on March 2, 2020.
H. Consideration and Possible Action - Resolution R2020-55- A Resolution of the City
Council of the City of Pearland, authorizing the City Manager and/or his designee, as
the authorized official for the purpose of executing a grant agreement between the City
Pearland City Council Regular Meeting March 23,2020
Minutes
of Pearland and the State of Texas - General Land Office, for land acquisitions and
other buyout activities in response to Hurricane Harvey.
I. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M-
201 - 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 Lots A, B, C, D and Reserve A,
Block 1 of the Center at Pearland Parkway Addition, an addition in the City of Pearland,
Brazoria County as described in the Amending Plat recorded in County Clerk's File No.
2014046177 in the Plat Records of Brazoria County, Texas; being Lot A and Reserve A,
Block 1 of the Center at Pearland Parkway Phase II Addition, an addition in the City of
Pearland, Brazoria County as described in the Minor Plat recorded in County Clerk's
File No. 2016011948 in the Plat Records of Brazoria County,Texas; and also being Lots
1, 2, 3 and Reserve A, Block 1 of the Center at Pearland Parkway Phase III Addition, an
addition in the City of Pearland, Brazoria County as described in the Final Plat recorded
in County Clerk's File No. 2018047201 in the Plat Records of Brazoria County, Texas.
(2400-2600 Block of Pearland Parkway). Zone Change Application No. ZONE 19-00030,
a request by Jeff Boutte, Windrose Land Services, applicant, on behalf of SR Pearland
II, LLC., owner; for approval of a amendments to the Center at Pearland Parkway
Planned Development, including zero-foot side setbacks, on approximately 52.48 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.
J. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M-
199 - 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 tract of land containing 0.63
acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision,A C. H. & B Survey,
Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29,
Page 174 of the Deed Records of Brazoria County, Texas. (3429 Main Street). Zone
Change Application No. ZONE 19-00028, a request by Jon Arledge, applicant, on behalf
of V & B Cornerstone LLC, owner; for approval of a zoning change from Single-family
Residential-3 (R-3) District to General Commercial (GC) District, on approximately 0.63
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.
K. Consideration and Possible Action - Second and Final Reading of Ordinance 2000M-
200 - 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 3.08acre tract of land
situated in the George C. Smith Survey, Abstract Number 551 and being a portion of a
called 8.430-acre tract of land conveyed to DMP Acquisition Fund, LLC by the Deed
recorded under the Brazoria County Clerk's File Number (B.C.C.F. No.) 2017023566 of
the Official Public Records of Real Property of Brazoria County, Texas (East of 4155 S.
Main Street). Zone Change Application No. ZONE 19-00029, a request by Alan Mueller,
applicant, on behalf of DMP Acquisition Fund, LLC., owner; for approval of a zoning
change from Single-family Residential-4 (R-4) District to Light Industrial (M-1) District,
on approximately 3.08 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.
Pearland City Council Regular Meeting March 23, 2020
Minutes
Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt
Consent Items A through K, with the exception of Items A, B, D.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
MATTERS REMOVED FROM CONSENT AGENDA:
A. Consideration and Possible Action -Resolution No. R2020.10 -A Resolution of the City
Council of the City of Pearland, Texas, amending a contract for design services with
Cobb, Fendley & Associates, in the additional amount of $115,641.07 (total contract
amount of $629,201.25), associated with the Fite Road Expansion Project (McLean
Road to Veterans Drive).
Councilmember Orlando made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2020-10.
AYES: Orlando, Hernandez, Moore, Perez.
NAYS: Owens.
The motion carried. Resolution No. R2020-10 is adopted.
B. Consideration and Possible Action -Resolution No. R2020-39 -A Resolution of the City
Council of the City of Pearland, Texas, awarding a bid for purchase of one (1) crane
truck,from Chastang Ford, in the amount of$136,998.00 through the Texas Association
of School Boards (TASB) Buyboard.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt
Resolution No. R2020-39.
AYES: Orlando, Hernandez, Perez.
NAYS: Moore, Owens.
The motion carried. Resolution No. R2020-39 is adopted.
D. Consideration and Possible Action -Resolution No. R2020-53-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 a voice communication platform
suite from Cisco, in the amount of$274,680.00.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt
Resolution No. R2020-53.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-53 is adopted.
NEW BUSINESS:
Councilmember Moore made the motion, seconded by Councilmember Perez, to postpone all
New Business items except Items No. 1, 2, 3, 4 that directly relate to the coronavirus pandemic.
Pearland City Council Regular Meeting March 23, 2020
Minutes
AYES: Moore, Owens.
NAYS: Perez, Orlando, Hernandez.
The motion failed.
1. Briefing and Discussion - Regarding the City of Pearland's emergency management of
the Coronavirus and impact on continuity of services to city businesses and impact to
the community.
Assistant Fire Chief Jason Jackson gave an overview of the emergency preparedness steps
by the City of Pearland Incident Management Team in response to the coronavirus pandemic.
There was no action.
2. Consideration and Possible Action-Resolution No. R2020-56 -A Resolution of the City
Council of the City of Pearland, Texas, indefinitely extending the Mayor's March 18,
2020 Declaration of Disaster associated with the imminent threat and public health
emergency resulting from the spread of the novel coronavirus (COVID-19).
Councilmember Perez made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2020-56.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-56 is adopted.
3. Consideration and Possible Action- Resolution No. R2020-57 -A Resolution of The
City Council of the City of Pearland, Texas, requesting Governor Greg Abbott to
temporarily waive and/or suspend certain rules that limit Economic Development
Corporations ("EDC"), created under the authority of Chapter 501 of the Local
Government Code ("Code"), from utilizing EDC tax revenue be used as a form of
financial disaster relief to support local businesses impacted by the novel
coronavirus (COVID-19).
Councilmember Hernandez made the motion, seconded by Councilmember Moore, to
approve Resolution No. R2020-57.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2020-57 is adopted.
4. Consideration and Possible Action - Regarding an alternate date for the May 2, 2020,
City of Pearland General Election and Special Election.
Derrick Reed, 11601 Shadow Parkway, Suite 267, spoke in support of moving the May 2,
2020 election to the November 3, 2020 uniform election date.
Jimmy Davis, 5004 Colmesneil Street, spoke in support of moving the May 2, 2020 election
to the November 3, 2020 uniform election date.
Jai Daggett, 13003 Shoalwater, spoke in support of moving the May 2, 2020 election to the
November 3, 2020 uniform election date.
Pearland City Council Regular Meeting March 23,2020
Minutes
Robin Burgess, 5406 Meadow Spring Court, spoke in support of moving the May 2, 2020
election to the November 3, 2020 uniform election date.
City Attorney Darrin Coker read the Texas Governor's proclamation into record.
Councilmember Perez made the motion, seconded by Councilmember Hernandez, to
postpone the May 2, 2020 Election to the November 3, 2020 uniform election date.
AYES: Orlando, Hernandez, Perez.
NAYS: None.
ABSTAIN: Owens, Moore.
The motion carried.
8. Consideration and Possible Action -Resolution No. R2020-58 -A Resolution of the City
Council of the City of Pearland, Texas, accepting the City's comprehensive annual
financial report for fiscal year 2019 and the accompanying independent audit as
presented by the accounting firm of Whitley Penn, LLP.
Councilmember Perez made the motion, seconded by Councilmember Moore, to postpone
this item until the report is complete.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Moore made the motion, seconded by Councilmember Perez, to consider
New Business Item No. 8 before New Business Item No. 5.
AYES: Orlando, Hernandez, Moore, Owens, Perez.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - First 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 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 19-
00024, a request by Paul Grohman, applicant, on 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.
Councilmember Orlando made the motion, seconded by Councilmember Moore, to postpone
this item to a future.
Pearland City Council Regular Meeting March 23, 2020
Minutes
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Moore made the motion, seconded by Councilmember Perez to postpone
New Business Items 6, 7, 9, 10, Executive Session, 11, 12, 13.
AYES: Orlando, Hernandez, Moore, Perez, Owens.
NAYS: None.
The motion carried.
6. Council Input and Discussion - Regarding Utility Billing Matters.
7. Consideration and Possible Action -Second and Final Reading of Ordinance 1358-19 -
An Ordinance of the City Council of the City of Pearland, Texas, amending non-
development usage and service fees; containing a savings clause, a severability
clause, a repealer clause, providing for publication and an effective date.
9. Consideration and Possible Action -Resolution No. R2020.52 -A Resolution of the City
Council of the City of Pearland, Texas, amending the Construction Manager at Risk
contract with Pepper Lawson to include Early Work Package No. 2, in the amount of
$13,758,502.00 for construction services associated with the Surface Water Treatment
Plant Project.
10. Consideration and Possible Action -Resolution No. R2020-50 -A Resolution of the City
Council of the City of Pearland, Texas, awarding a construction services contract for
the Orange Street Service Center Project (Phase 1), to Construction Masters of
Houston, Inc., in the amount of$5,619,510.00.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: NONE
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Executive Session - 551.071 - Consultation with Attorney- Regarding Consultation
with the City Attorney regarding confidential legal matters associated with utility
billing.
2. Executive Session- 551.074 - Personnel Matters - Regarding the employment,
duties, and responsibilities of the City Manager, Deputy City Manager, and Director
of Finance with respect to water utility billing issues.
3. Executive Session 551.074 - Personnel Matters - Regarding appointments to the
Boards and Commissions.
NEW BUSINESS CONTINUED:
11. Consideration and Possible Action - Regarding Consultation with the City Attorney
regarding confidential legal matters associated with utility billing.
Pearland City Council Regular Meeting. March 23, 2020
Minutes
12. Consideration and Possible Action - Regarding the employment, duties, and
responsibilities of the City Manager, Deputy City Manager, Director of Finance with
respect to water utility billing issues.
13. Consideration and Possible Action - Regarding appointments to the Boards and
Commissions.
OTHER BUSINESS: NONE
ADJOURNMENT
Meeting was adjourned at 10:36 p.m.
Minutes approved as submitted and/or corrected this the 9th day of November 2020.
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Pearland City Council Regular Meeting March 23, 2020
Minutes