HomeMy WebLinkAbout2019-05-13 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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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