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2019-05-13 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 13, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:30 p.m. with the following present: Mayor Tom Reid Mayor Pro-Tem Trent Perez Councilmember Tony Carbone Councilmember Derrick Reed Councilmember Adrian Hernandez Councilmember J. David Little Councilmember Gary Moore Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jon Branson Deputy City Manager, Matt Buchanan President of EDC, Trent Epperson Assistant City Manager, Michelle Graham Director of Human Resources, John McDonald Director of Community Development, Chris Orlea Director of Parks and Recreation, Kim Sinistore Executive Director CVB, Johnny Spires Police Chief, Robert Upton Director of Engineering and Capital Projects, Scott Williams Building Official, Clarence Wittwer Director of Public Works, Young Lorfing City Secretary, Andrea Brinkley Assistant Director of Public Works, Joel Hardy Grants—Special Projects Administrator, Joshua Lee Communication Director, Daniel McGhinnis Chief Information and Lawrence Provins Deputy City Attorney. The invocation was given by Councilmember Carbone and the Pledge of Allegiance was led by Councilmember Hernandez. ROLL CALL: Mayor Reid, Mayor Pro-Tem Perez, Councilmembers Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. CITIZEN COMMENTS: Scott Feuless, 3203 Forrester Dr, addressed Council and spoke about moving local elections from May to November. Robert Philbrook, 4019 Crystal Lake Circle South, addressed Council and spoke about the water meter change out program and the Kerrville Bus transportation Agreement. Ben Smith, 9330 Broadway St, addressed Council and spoke about bicycle safety and the month of May being National Bike Month. PUBLIC HEARING: None CONSENT AGENDA: Page 1 of 11 A. Approval of Minutes of April 22, 2019, Regular Meeting held at 6:30 p.m. B. Consideration and Possible Action - Excuse the Absence of Councilmember Gary Moore from the Regular Council Meetings held on April 22, 2019. C. Consideration and Possible Action - Resolution No. R2019-118 -A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending March 2019. D. Consideration and Possible Action - Resolution No. R2019-117 -A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for the purchase of automotive tires, from Goodyear Tire and Rubber Company (Adame Auto Center), through a member governmental purchasing agreement with National Purchasing Partners (NPP), in the estimated amount of$100,000.00, for the period of May 15, 2019 through May 14, 2020. E. Consideration and Possible Action - Resolution No. R2019-115 -A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to renew a contract for audit services with Whitley Penn, in the amount of$75,300.00, for the period of July 7, 2019 through July 6, 2020. F. Consideration and Possible Action -Second and Final Reading of Ordinance No. 1462-2 -An Ordinance of the City Council of the City of Pearland, Texas, amending Article 5, Chapter 2, Ethics, of the City of Pearland Code of Ordinances ; having a savings clause, a severability clause, and a repealer clause; providing for codification and an effective date. G. Consideration and Possible Action - Resolution No. R2019-113 -A Resolution of the City Council of the City of Pearland, Texas, ("City") suspending the effective date for ninety days in connection with the rate increase filing made on or about April 5, 2019 by Centerpoint Energy Houston Electric LLC; authorizing the City's continued participation in a coalition of cities known as the "Texas Coast Utilities Coalition;" authorizing participation in proceedings at the Public Utility Commission of Texas; authorizing the hiring of attorneys and consultants; requiring reimbursement of reasonable legal and consultant expenses; requiring proof of notice; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. H. Consideration and Possible Action - Resolution No. R2019-112 -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 Centerpoint's proposed effective date for forty-five Page 2 of 11 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. I. Consideration and Possible Action - Resolution No. R2019-110 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of Fire Department Uniforms to Galls Parent Holdings, LLC, in the estimated amount of$73,000.00, for the period of May 14, 2019 through May 13, 2020. J. Consideration and Possible Action - Resolution No. R2019-116 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost bid for street and sidewalk maintenance with Greenscapes Six, LLC, in the estimated amount of$150,000.00 for Fiscal Year 2019, the estimated amount of $300,000.00 for Fiscal Year 2020, for the period of May 31, 2019 through May 30, 2020. Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt Consent Items A through J with the exception of Item D and Item J as presented on the Consent Agenda. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. MATTERS REMOVED FROM CONSENT AGENDA: D. Consideration and Possible Action - Resolution No. R2019-117 -A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for the purchase of automotive tires, from Goodyear Tire and Rubber Company (Adame Auto Center), through a member governmental purchasing agreement with National Purchasing Partners (NPP), in the estimated amount of $100,000.00, for the period of May 15, 2019 through May 14, 2020. Councilmember Carbone made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-117. City Manager Clay Pearson stated this is a contract renewal with Adame Auto Center through a member governmental purchasing agreement with National Purchasing Partners. Conversation ensued between Councilmember Little and City Manager Clay Pearson regarding clarification that the City is not purchasing $100,000.00 worth of tires at once and if the prices have been confirmed as market standard. Page 3 of 11 Councilmember Owens stated the City has multiple different types of equipment and asked staff if this is a bid for all types of tires. City Manager Clay Pearson discussed the breakdown previously provided to Council for each tire type and need. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. I Consideration and Possible Action - Resolution No. R2019-116 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost bid for street and sidewalk maintenance with Greenscapes Six, LLC, in the estimated amount of $150,000.00 for Fiscal Year 2019, the estimated amount of $300,000.00 for Fiscal Year 2020, for the period of May 31, 2019 through May 30, 2020. Councilmember Carbone made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-116. City Manager Clay Pearson stated this is a contract renewal for street and sidewalk maintenance with Greenscapes Six, LLC and staff recommends approval. Councilmember Owens asked staff of the previous expenditure approved has already be used this year. City Manager Clay Pearson stated the City has exhausted the previous amount due to the lower than usual approval amount. Councilmember Owens asked staff how much of the streets and sidewalks repair is being done with City staff since a new concrete truck was purchased. Director of Public Works Clarence Wittwer stated City employees are doing the bulk of the work. Assistant Director of Public Works Andrea Brinkley stated City staff is working on Utility cuts that are the result of repairs needed after water and sewer line breaks. She further stated that if the repairs are within proximity to a sidewalk in need of repair, the staff will coordinate to perform that repair as well. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Page 4 of 11 NEW BUSINESS: First 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 Reed made the motion, seconded by Councilmember Little to adopt Ordinance No. 1107-1. City Manager Clay Pearson stated this is an Ordinance to maintain the integrity of the City's utility system. Mayor Pro-Tem Perez stated the backflow preventers are important to the City's managing the water system but are expensive and hard to gauge early on in a project. He further asked for clarification on how the City is conveying the need of a backflow preventer in the proper circumstance when requesting bids. Backflow Compliance Program Coordinator Mike Morrison addressed Council regarding how plans are reviewed and what staff is doing to make sure contractors know how to install and when to install backflow preventers. Mayor Pro-Tem Perez asked staff with respect to the criteria listed in the policy would it require any commercial property to have a backflow preventer. Backflow Compliance Program Coordinator Mike Morrison stated not all commercial development would be required to install a backflow preventer but any development that has the potential for containments or cross connections would be required to install a backflow preventor. Mayor Pro-Tem stated there needs to be a clause in the Engineering Design Criteria Manual that states specifically what uses require a backflow preventer, in addition to where it can be located and secured. Director of Engineering and Capital Projects Robert Upton stated that during predevelopment meetings with Developers these issues are addressed. Councilmember Hernandez asked staff if this would be retroactive to residential builds without a backflow preventer. Backflow Compliance Program Coordinator Mike Morrison stated if this Resolution is approved it would be retroactive to prior builds and residents would be notified by mail. Conversation ensued between Councilmember Carbone and Backflow Compliance Program Coordinator Mike Morrison regarding the inspection and necessary fees for existing businesses and residents. Page 5 of 11 Councilmember Carbone stated this is a Texas Commission on Environmental Quality requirement and asked staff if there was a way to provide relief to small businesses that will have to incur this cost. City Attorney Darrin Coker stated the permit fees would fall on the technicians that would be performing the work. Councilmember Moore asked staff if there is a target year of build that is going to be looked at for these inspections due to newer builds are more likely to have the needed backflow preventers. Backflow Compliance Program Coordinator Mike Morrison stated most areas already are in compliance and there is no target neighborhood or year of build to look at. Councilmember Carbone stated a home with a pool and irrigation system will have two backflow preventers and asked staff if that means those homes would have to have a test done on their system. Backflow Compliance Program Coordinator Mike Morrison stated those homes would be required to have those test performed and any issues would have to be addressed. Mayor Pro-Tem Perez stated at this point it is a requirement of the Texas Commission on environmental Quality and homes will have to comply. Director of Public Works Clarence Wittwer stated these tests are a requirement of the Clean Water Act and it essentially states that any water line that has the potential to release contaminants in the system must have a backflow preventer. Councilmember Hernandez asked staff if there was a program that can be put together for low income families to help with septic issues and help install a backflow preventer. Director of Public Works Clarence Wittwer stated staff will look into the existence of a program for low income family to assist with septic system issues. Mayor Pro-Tem Perez asked staff how they plan on reaching out to residents and letting them know an inspection of their backflow preventer will be required. Backflow Compliance Program Coordinator Mike Morrison stated staff will communicate through the City of Pearland's backflow webpage, flyers will go out with the water bill and staff will host community events to raise awareness of the requirement. Mayor Pro-Tem Perez asked staff what is the penalty for not complying with this regulation. Backflow Compliance Program Coordinator Mike Morrison stated penalty would include a fine or termination of water service until compliance. Page 6 of 11 Councilmember Moore asked staff how much time will be allowed to a resident to complete the requirements. Backflow Compliance Program Coordinator Mike Morrison stated the plan is between 30 and 60 days once the program is in place. Councilmember Moore stated the Texas Commission on Environmental Quality website reads that a homeowner can install the backflow preventer without the City certification. Backflow Compliance Program Coordinator Mike Morrison stated that is true that an unlicensed homeowner can do the work, however the homeowner would have to get a certified inspector to certify the work. Voting "Aye" Councilmember Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" Councilmember Carbone. Motion passed 6 to 1. Council Action - Resolution No. R2019-77- A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for cleaning services (City Facilities) with A & A Cleaning Services, in the estimated amount of$389,393.00, beginning June 1, 2019 through May 31,2020. Mayor Pro-Tem Perez made the motion, seconded by Councilmember Owens to approve Resolution No. R2019-77. City Manager Clay Pearson stated this is renewing a contract for cleaning services with A & A Cleaning Services. Councilmember Little asked staff if A &A Cleaning Services has the option to renew the contract and the City was unable to get bids. City Manager Clay Pearson stated A & A Cleaning Services has performed well and staff is in agreement with the renewal. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-105 - A Resolution of the City Council of the City of Pearland, Texas, renewing an existing unit supply contract, in the estimated amount of $2,150,000.00, for Sanitary Sewer Rehabilitation Services to IPR South Central, LLC, for the period of May 20, 2019 through May 19, 2020. Page 7 of 11 Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-105. City Manager Clay Pearson stated this is renewing an existing unit supply contract for Sanitary Sewer Rehabilitation Services to IPR South Central, LLC. Councilmember Owens stated there were lower bids submitted for this contract and asked staff why this vendor was chosen. Assistant City Manager Trent Epperson stated the bids were a per unit bid and when applied to a list of projects, IPR South Central LLC was the lowest on the majority of sample projects when the bid was initially done years back. He further stated this is the third and final renewal so the contract will be rebid when it comes up again. Conversation ensued between Councilmember Owens and Assistant City Manager Trent Epperson regarding how often there will be the need for mobilization and what causes a mobilization charge from IPR South Central LLC. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-120 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an expenditure of the Pearland Economic Development Corporation, in the amount of $404,700.00, with Kimley-Horn and Associates, Inc. for planning services associated with the Broadway Corridor Development Plan. Councilmember Little made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-120. City Manager Clay Pearson stated this is authorizing an expenditure of the Pearland Economic Development Corporation for planning services associated with the Broadway Corridor Development Plan with Kimley-Horn and Associates, Inc. President of EDC Matt Buchanan addressed Council and presented on the Broadway Corridor Development Plan. Assistant City Manager Trent Epperson addressed Council and presented on the Reconstruction and Widening, in addition to the Development Plan for Phase I and Phase II of the Broadway Corridor. Kevin Cole, 3808 Houston Lake Dr, addressed Council and spoke in opposition to the proposed Broadway Corridor Development Plan. Page 8 of 11 Conversation ensued between Councilmember Owens and Assistant City Manager Trent Epperson regarding the Phase I and Phase II construction. Councilmember Little asked staff about the feasibility of only having a sidewalk on one side of the proposed Development Plan to help the businesses along that corridor. Assistant City Manager Trent Epperson stated the Texas Department of Transportation (TxDOT) requires bike and pedestrian access but there are other options on how to achieve that access, such as a shared use path. Councilmember Little asked staff if there are any areas that TxDOT is not proposing a curb and gutter for the use of underground drainage. Assistant City Manager Trent Epperson stated curb and gutter is proposed throughout the project but there are other drainage requirements from TxDOT. Councilmember Hernandez asked staff how small businesses will be made aware of the various meetings and workshops the City will be hosting. The Kimley-Horn and Associates' Representative stated flyers will be sent out in addition to surveys for the businesses to share thoughts and suggestions. Councilmember Carbone asked staff what the financial impact on businesses will be and what the issues of non-conformity on this project are. The Kimley-Horn and Associates' Representative stated staff will look at the plans and do everything possible to avoid or minimize damage to small businesses. Hawes-Hill Representative Tony Allender addressed Council and discussed non-conformity. Mayor Pro-Tem Perez stated more attention needs to be paid to the use of the street and how the impact to businesses can be minimized. He further stated the business owners need to be made aware of the changes early in the process so that they can begin planning. Councilmember Moore asked the Kimley-Horn Representative how often Council will be updated on the status of the talks with TxDOT. The Kimley-Horn Representative stated Council will receive a monthly update. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-119 - A Resolution of the City Council of the City of Pearland, Texas, approving Windstorm and Wind Driven Rain Insurance through AmRisc Carriers, in the amount of$558,075.00, for the period of May 26, 2019 to May 25, 2020. Page 9 of 11 Councilmember Owens made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-119. City Manager Clay Pearson stated this is approving Windstorm and Wind Driven Rain Insurance through AmRisc Carriers. Conversation ensued between Councilmember Carbone and City Manager Clay Pearson regarding the call for bids on this project. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None Council adjourned into Executive Session under Texas Government Code at 9:07 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. Section 551.071 -Attorney Client Privilege - Consultation with City Attorney on Confidential Matters Related to Attorney Client Privilege. 2. Section 551.072 - Consultation with City Attorney - Regarding the Sale, Lease, Purchase, or Exchange of Real Property. NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:30 p.m. Council Action - Regarding the Sale, Lease, Purchase, or Exchange of Real Property. City Attorney Darrin Coker advised Council that a motion be made to acquire property for the McHard Road right-of-way and regional detention, as well as the acquisition of four acres of land from the Pearland Independent School District for public purposes as discussed in Executive Session. Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve the items discussed in Executive Session. Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Page 10 of 11 OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 10:33 p.m. Minutes approved as submitted and/or corrected this the day of , A.D., 2019. Tom Reid Mayor ATTEST: Young Lorfing, TRMC City Secretary Page 11 of 11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 24, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:30 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Interim City Secretary Tom Reid Trent Perez Luke Orlando Derrick Reed Gary Moore Adrian Hernandez J. David Little Woody Owens Clay Pearson Darri'n Coker 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, John McCarter Assistant Finance Director, Chris Orlea Director of Parks and Recreation, Cynthia Pearson Director of Finance, Kim Sinistore Executive Director CVB, Johnny Spires Police Chief, Robert Upton Director of Engineering and Capital Projects, Clarence Wittwer Director of Public Works, Andrea Brinkley Assistant Director of Public Works, Joel Hardy Grants — Special Projects Administrator, Joshua Lee Communications Director and Lawrence Provins Deputy City Attorney. The invocation was given by Councilmember Moore and the Pledge of Allegiance was led by Councilmember Orlando. ROLL CALL: Mayor Reid, Mayor Pro -Tem Perez, Councilmembers Orlando, Reed, Hernandez, Moore, Little and Owens. CITIZEN COMMENTS: Makaila Adams, 1214 Woodchase Drive, addressed Council and spoke about the proposed removal of stop signs at Woodchase Drive and Sunset Meadows Drive. Rachel Britt, 1212 Woodchase Drive, addressed Council and spoke regarding the proposed stop sign removals. Heather Zayas, 2303 Harbor Chase Drive, addressed Council and spoke in regards to Municipal Utility District rebates. PUBLIC HEARING: 2nd Public Hearing - Voluntary Annexation -Approximately 93 acres of land, generally located east of County Road 48, between County Road 59 and County Road 895; approximately 7.2 acres of land, generally located east of County Road 48, between County Road 59 and County Road 895; and approximately 0.56 acres of land, generally located at 2535 Stevenson Road. Page 1 of 9 STAFF REVIEW: Joel Hardy Grants — Special Projects Administrator presented to Council on the Voluntary Annexation of property generally located east of County Road 48, between County Road 59 and County Road 895; and a property generally located at 2535 Stevenson Road. CITIZEN COMMENTS: None. COUNCIL/STAFF DISCUSSION: None. ADJOURNMENT OF THE PUBLIC HEARING Mayor Reid adjourned the Public Hearing at 6:50 p.m. CONSENT AGENDA: A. Minutes of May 13, 2019 Regular Meeting held at 6:30 p.m. Minutes of May 13, 2019 Special Meeting held at 4:30 p.m. Minutes of May 13, 2019 Election Canvassing Special Meeting held at 6:00 p.m. B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-185 - 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, All that certain lot, tract, or parcel of land situated within the James Hamilton Survey, Abstract No. 876, and being all of a called 2.5 acre tract described in a deed to Suise M. Lorance, dated October 5, 2004, recorded in Clerk File No. X977828 in the Official Public Records Real Property of Harris County, Texas, and being the south half of Lot 57, all of Lot 57'2 and part of Lot 58'2 of Block F, of the Allison -Richey Gulf Coast Homes Suburban Gardens Subdivision, described in a deed to Suise M. Lorance, dated January 16, 2017, recorded in File RP -2017-28799 in the Official Public Records of Harris County, Texas. (Northeast corner of Kirby Drive and Fruge Road) Zone Change Application No. ZONE 19-00010, a request by David Velez, Browne McGregor Architects, Inc., applicant, on behalf of David Teer, representing Lonza Houston Inc., owner; for approval of a zoning change from Spectrum District S-3 to the LNR Clear Creek Spectrum Planned Development District; on approximately 19.598 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. C. Consideration and Possible Action - Excuse the Absence of Councilmember Derrick Reed from the Regular Council Meeting on June 10, 2019. D. Consideration and Possible Action - Excuse the Absence of Councilmember Gary Moore from the Regular Council Meeting on June 10, 2019. E. Consideration and Possible Action - Resolution No. R2019-123 - A Resolution of the City Council of the City of Pearland, Texas reappointing directors to the Board of Directors of the Pearland Municipal Management District No. 2. F. Consideration and Possible Action - Resolution No. R2019-147 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for rental of paving Page 2 of 9 construction equipment, with R. B. Everett & Co., in an amount not to exceed $66,600.00 for the period of July 1, 2019 through September 3, 2019. Mayor Pro -Tem Perez asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Reed made the motion, seconded by Mayor Pro -Tem Perez to adopt Consent Agenda Items A through F with the exception of Item F as presented in the Consent Agenda. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. MATTERS REMOVED FROM CONSENT AGENDA: F. Consideration and Possible Action - Resolution No. R2019-147 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for rental of paving construction equipment, with R. B. Everett & Co., in an amount not to exceed $66,600.00 for the period of July 1, 2019 through September 3, 2019. Councilmember Reed made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-147. City Manager Clay Pearson stated this is an amendment to a contract with R.B. Everett & Company to add two additional pieces of equipment. Conversation ensued between Mayor Pro -Tem Perez and Assistant Director of Public Works Andrea Brinkley regarding the intended use of this equipment for repairs and roads that will be addressed. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. NEW BUSINESS: Council Action - Regarding the Election of a Mayor Pro -Tem. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Hernandez to approve the Election of Councilmember J. David Little to the position of Mayor Pro -Tem. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Second and Final Reading of Ordinance No. 1568-2 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1568-1, the 2018-2019 Annual Budget Ordinance, by; authorizing the 'City Manager or his designee to take all actions necessary to Page 3 of 9 facilitate the changes identified herein without further approval of City Council; providing a savings clause, a severability clause, a repealer clause, and an effective date. Councilmember Hernandez made the motion, seconded by Mayor Pro -Tem Little to adopt Ordinance No. 1568-2. City Manager Clay Pearson stated this will adopt the 2018-2019 Annual Budget with the Council requested. changes. Assistant Finance Director John McCarter made a presentation to Council regarding the Fiscal Year 2019 Budget Projections and Mid -year Allocation. Conversation ensued between Council and staff regarding the Budget Amendments. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. First Reading of Ordinance No. 1578 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement and/or refunding bonds in one or more series; setting certain parameters for the bonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures and provisions relating thereto. Councilmember Moore made the motion, seconded by Councilmember Hernandez to adopt Ordinance No. 1578. City Manager Clay Pearson stated this Ordinance will help further the City's investment in infrastructure. Finance Director Cynthia Pearson presented to Council regarding the issuance of Bonds as described in the 2019 Fiscal Year Budget. John Roebuck BOK Financial Services Representative addressed Council and spoke regarding funding of future projects through General Obligation Debt Issuance and Market review. Conversation ensued between Council, staff and BOK Financial Services Representative John Roebuck regarding the Tax Increment Reinvestment Zone reimbursement and issuing Certificate of Obligations. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-153 - A Resolution of the City Council of the City of Pearland, Texas, authorizing publication of notice of intention to issue Certificates of Obligation for the design, acquisition, construction and improvement of certain public works, authorizing distribution of a preliminary official statement relating to such series of Certificates and authorizing certain other matters relating thereto. Page 4 of 9 Councilmember Moore made the motion, seconded by Councilmember Hernandez to approve Resolution No. R2019-153. City Manager Clay Pearson stated this is authorizing notice of the intent to issue Certificates of Obligation. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-154 - A Resolution of the City Council of the City of Pearland, Texas authorizing publication of notice of intention to issue Certificates of Obligation for the design, acquisition, construction and improvement of certain public works, authorizing distribution of a preliminary official statement relating to such series of Certificates and authorizing certain other matters relating thereto. Councilmember Owens made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-154. City Manager Clay Pearson stated this is an additional request authorizing notice of the intent to issue Certificates of Obligation. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. First Reading of Ordinance No. 1579 -An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, water and sewer system revenue bonds, series 2019A; prescribing the terms thereof; providing for the payment thereof; awarding the sale thereof; making other provisions regarding such bonds and matters incident thereto. Councilmember Orlando made the motion, seconded by Councilmember Hernandez to adopt Ordinance No. 1579. City Manager Clay Pearson stated this is authorizing the issuance of water and sewer system revenue bonds, series 2019A. Director of Finance Cynthia Pearson presented to Council the proposed 2019 Revenue Bond Sales. BOK Financial Services Representative John Roebuck presented to Council regarding the funding of projects by Bonds. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. First Reading of Ordinance No. 1577 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing issuance of City of Pearland, Texas, water and sewer system revenue and Page 5 of 9 'refunding bonds, series 201913; prescribing the terms and conditions thereof; providing for the payment thereof; establishing parameters with respect to the sale of the bonds; authorizing the preparation and distribution of an official statement to be used in connection with the sale of the bonds; making other provisions regarding such bonds and matters incident thereto; authorizing execution and delivery of a paying agent/registrar agreement and an escrow agreement; and containing other matters related thereto. Councilmember Reed made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1577. City Manager Clay Pearson stated this is authorizing issuance of water and sewer system revenue and refunding bonds, series 20198. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Action - Resolution No. R2019-151 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the Pearland Economic Development Corporation to proceed with additional courses of action regarding the development of an Indoor Amateur Sports Facility. Mayor Pro -Tem Little made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-151. City Manager Clay Pearson stated this is authorizing the Pearland Economic Development Corporation to proceed with the proposed courses of action regarding the development of an Indoor Amateur Sports Facility. Pearland Economic Development Corporation Board Chairman Brandon Dansby presented to Council regarding the proposed Indoor Amateur Sports Facility project. Sports Facilities Advisory and Sports Facility Management, LLC Chief Operating Officer Evan Eleff presented to Council his firms proposal for the construction of an Indoor Amateur Sports Facility. Councilmember Perez stated that although the City values its Parks, the projected loss after a five year period on this project is not an economic driver. He further stated that land selection is important and this proposal can start there. Councilmember Moore stated the City already has the Natatorium that is not producing revenue and does not want another facility that does not produce economically. Councilmember Hernandez stated if the proposal is going to go any further, Public -Private Partnerships need to be looked at more closely so the City has a partner in the project. He further stated this is another venue for tournaments but the City needs more of an all-around recreation facility. Councilmember Reed stated he is not in support of this project due to already having the Natatorium and that this project will not produce revenue for the foreseeable future. He further stated a venue for Expos and Conventions included in the proposal would be a better fit for the City. Page 6 of 9 Councilmember Orlando stated Pearland Economic Development Corporation has already done the analysis of which would be a more profitable facility for the City and it was determined in that analysis that an Indoor Amateur Sports Facility is the best option. He further stated this needs to be an opportunity for the City to be more attractive to visitors. Conversation ensued between Council and Staff regarding the project feasibility, possible future plans for a facility of this type or a similar type of venue and the positive direction the Pearland Economic Development Corporation is going with bringing opportunity to the City. Councilmember Perez made the motion, seconded by Councilmember Moore to postpone Resolution No. R2019-151 indefinitely. Voting "Aye" Councilmember Orlando, Perez, Hernandez, Little and Moore. Voting "No" None. Motion to postpone passed 5 to 0, with Councilmember Reed and Councilmember Owens absent from Chambers. First Reading of Ordinance No. 1576 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 0.56 acres generally located at 2535 Stevenson Road); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Councilmember Hernandez made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1576. Grants — Special Projects Administrator Joel Hardy stated Items 9, 10 and 11 are proposed annexation for property generally located at 2535 Stevenson Road and two properties located off of County Road 48, between County Road 59 and County Road 895. He further stated there needs to be an amendment to show the properties in Item 9 and Item 10 listed as between County Road 59 and County Road 895 are west instead of east of County Road 48. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 6 to 0 with Councilmember Reed absent from Chambers. First Reading of Ordinance No. 1575 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 7.2 acres generally located east of County Road 48, between County Road 59 and County Road 895); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Councilmember Moore made the motion, seconded by Councilmember Perez to adopt Ordinance No. 1575 with the change of location to west of County Road 48. Voting "Aye" Councilmember Orlando, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Page 7 of 9 Voting "Abstain" Councilmember Reed. Motion passed 6 to 0. First Reading of Ordinance No. 1574 - An Ordinance extending the city limits of the City of Pearland, Texas, to include certain land area within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries (approximately 93 acres generally located east of County Road 48, between County Road 59 and County Road 895); containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Councilmember Perez made the motion, seconded by Councilmember Moore to adopt Ordinance No. 1576 with the change of location to west of County Road 48. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Council Input and Discussion - Regarding the Rebate Policy for in -City Municipal Utility Districts. City Manager Clay Pearson stated staff is looking for direction from Council on proceeding with the rebate policy for in -City Municipal Utility Districts (MUD). Director of Financing Cynthia Pearson addressed Council and provided information on Utility Agreements and rebates. She further stated staff's recommendation is to discontinue rebates for Municipal Utility Districts. Lynne Humphries, 3200 Southwest Freeway, addressed Council and stated she is speaking on behalf of multiple MUD's and spoke in opposition of discontinuing the MUD rebates. Conversation ensued between Council, City Manager Clay Pearson and Grants — Special Projects Administrator Joel Hardy regarding how other Cities are handling these rebates and if they are offered outside of Pearland. Also discussed were other types of incentives the City can offer and the financial impact on the City. Council Action - Resolution No. R2019-155 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase of fourteen (14) fleet vehicles from Silsbee Ford, through the TASB Buyboard, in the amount of $516,393.64. Councilmember Owens made the motion, seconded by Councilmember Moore to approve Resolution No. R2019-155. City Manager Clay Pearson stated this will approve the purchase of fourteen (14) fleet vehicles from Silsbee Ford, through the Texas Association of School Boards Buyboard. Voting "Aye" Councilmember Orlando, Reed, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 7 to 0. Page 8 of 9 1 MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:32 p.m. Minutes approved as submitted and/or corrected this the 26th day of August, A.D., 2019. '1�j.1'' r __� : •�:'�_ Tom Reid 'sem' f Mayor ATTEST: ria E. Rodriguez Interim City Secretary Page 9 of 9