Gary Moore

MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF

PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 24, 2016, AT 6: 30 P. M., IN THE

COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.

Mayor Reid called the meeting to order at 6: 52 p. m. with the following present:

Mayor Tom Reid

Mayor Pro- Tern Gary MooreCouncilmember Tony CarboneCouncilmember Derrick Reed

Councilmember Keith Ordeneaux

Councilmember Greg HillCouncilmember Trent Perez

City Attorney Darrin Coker

City Secretary Young Lorfing

Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President ofEconomic Development Corporation; J. C. Doyle Police Chief; Trent Epperson Assistant

City Manager; Michelle Graham Director of Human Resource; Lata Krishnarao Director ofCommunity Development; Chris Orlea Director of Parks and Recreation; Cynthia PearsonDirector of Finance; Vance Riley Fire Chief; Eric Wilson Director of Public Works; SparkleAnderson Communications Manager; Skipper Jones Assistant Director of Capital Projects;

Michael Leech Assistant Director of Public Works; Richard Mancilla Interim City Engineer;John McCarter Management Assistant; Daniel McGhinnis Chief Information Officer; Bob

Pearce Purchasing Officer; Lawrence Provins Deputy City Attorney.

The invocation was given by Mayor Pro- Tern Moore and the Pledge of Allegiance was ledby Chief of Police J. C. Doyle.

ROLL CALL: Mayor Reid, Mayor Pro-Tern Moore, Councilmembers Carbone, Reed,

Ordeneaux, Hill, and Perez.

CITIZEN COMMENTS:

Frank Goodoff, 11703 Summer Springs Drive, addressed Council thanking them forworking with the Texas Commission on Environmental Quality ( TCEQ) regarding the issuesin the Shadow Creek Subdivision.

James Adams, 2845 Westchester Circle, addressed Council stating he would like to thankand commend the Pearland Police Department on their responsiveness and their tenacityto hunt down people that commit crimes. He stated in the two years he has lived at 2845

Westchester Circle there have been many that cut through that area at a high rate of speedto avoid the intersection at FM 518 and Manvel Road. He has had to replace his mailbox

twice, a car has overturned in his neighbor's yard and recently on Labor Day weekend acar that did not stop or make the curve and drove through his neighbor's house. He wouldlike to ask the Council to consider doing something to slow drivers.

Page 1 of 14 — 10/ 24/ 2016

Jennifer Colvin, 2880 Westchester Circle, addressed Council stating she loves the areaand she has three small children. She stated her concerns regarding safety and the highrate of speed the drivers drive going through the neighborhood.

Ken McConnell, 523 Palm Drive, Liverpool, Texas, addressed Council stating he is theprevious owner of 2845 Westchester, he lived there for 30 years before moving. He statedhe has been before Council several times in the last 15 years regarding the speeders onWestchester. He is asking Council to do something to slow the traffic before someone getskilled.

PUBLIC HEARING: None.

CONSENT AGENDA:

A. Consideration and Possible Action — Approval of Minutes:

1. Minutes of the August 29, 2016, Special Meeting held at 6:45 p. m.

B. Consideration and Possible Action — Second and Final Reading ofOrdinance No. 1532 — An Ordinance of the City Council of the City ofPearland, Texas, abandoning a certain sixty foot (60') road right-of-wayWhite Road) recorded in the plat records of Harris County, Texas, within the

corporate city limits of Pearland, Harris County, Texas; having a savingsclause and a severability clause; and providing for an effective date.

C. Consideration and Possible Action — Second and Reading of OrdinanceNo. CUP 16- 00005 — An Ordinance of the City Council of the City ofPearland, Texas, approving a Conditional Use Permit (CUP) for exemptionto the façade requirements for an existing structure and to allow a LightManufacturing Process in the Garden/O' Day-Mixed Use ( G/ O- MU)zoning district, Being a tract of land containing 0. 5682 acres ( 24, 750 squarefeet), situated in the H. T. & B. B. CO. Survey, Abstract 219, Brazoria County,Texas, being part of Lot 6 and 7 in Block 6, of Hickory Creek Place asubdivision recorded in Volume 11, Page 1 of the Plat Records of Brazoria

County, Texas, being all of a Tract conveyed unto Martin Paper Co. by deedrecorded under County Clerk' s File No. 1995014570 of the Official Records ofBrazoria County, Texas. ( Located at 2125 Garden, Pearland, TX.)Conditional Use Permit Application No CUP 16- 00005, within the

Garden/ O' Day-Mixed Use ( G/ O- MU) zoning district, at the request of KevinDuc Nguyen, applicant, on behalf of Bao Le, owner, containing a savingsclause, a severability clause, and an effective date and other provisionsrelated to the subject.

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D. Consideration and Possible Action — Second and Final Reading ofOrdinance No. CUP 16- 00006 — An Ordinance of the City Council of theCity of Pearland, Texas, approving a Conditional Use Permit ( CUP) toallow for sales, service and rental of forklifts and other material

handling equipment (Heavy Machinery Sales, Storage Rental & Repair)in the General Commercial ( GC) zoning district, all that certain tract ofparcel of land out of the A. C. H. & B. RR Co. Survey, Section 1, A- 147, inBrazoria County, Texas, being a portion of Tract 124A of the Subdivision ofSection One ( 1), A. C. H. & B. RR Co. survey, according to the Plat of samerecorded in Volume 2, Page 1, of the Plat Records of Brazoria County,Texas. (Located at 3401 S. Main Street. Pearland, TX.) Conditional Use

Permit Application No CUP 16-00006, within the General Commercial ( GC)

zoning district, at the request of Russ Wilkins ( R4 Resources), applicant, onbehalf of Baker Hughes Oilfield Operations, Inc., owner, containing a savingsclause, a severability clause, and an effective date and other provisionsrelated to the subject.

E. Consideration and Possible Action — Resolution No. R2016- 193 — A

Resolution of the City Council of the City Of Pearland, Texas, authorizingparticipation in the Texas CLASS Investment Pool.

F. Consideration and Possible Action — Resolution No. R2016- 187 — A

Resolution of the City Council of the City of Pearland, Texas, renewing a bidfor HVAC/ Refrigerator Systems preventative maintenance services

associated with City Facilities with The Lee Thompson Company, in theestimated amount of $ 100, 980. 00, beginning November 1, 2016 throughOctober 31, 2017.

G. Consideration and Possible Action — Resolution No. R2016- 198 — A

Resolution of the City Council of the City of Pearland, Texas, awarding a fixedprice contract for construction services associated with the internal liningrehabilitation of the Liberty and Suburban Garden Road ground storage watertanks to Pardalis Industrial Enterprises, Inc., in the amount of $184, 125.00.

H. Consideration and Possible Action — Resolution No. R2016- 189 —

A Resolution of the City Council of the City of Pearland, Texas, renewing aunit supply bid for waste water polymer services with Fort Bend Services, inthe estimated amount of $ 120, 000. 00, beginning November 15, 2016through November 14, 2017.

Consideration and Possible Action — Resolution No. R2016- 191 — A

Resolution of the City Council of the City of Pearland, Texas, authorizing aConstruction Inspection contract with Jacobs Project Management Co., in

the amount of $ 84, 914.84, for the Industrial Drive at SH 35 Realignment &Intersection Improvements Project.

Page 3 of 14 — 10/24/ 2016

Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, toadopt Consent Agenda Items A through I as presented on the Consent Agenda.

Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Hill, and Perez.

Voting " No" None.

Motion Passed 6 to 0.

NEW BUSINESS:

First Reading of Ordinance No. 1533 — An Ordinance of the City Council of the City ofPearland, Texas, authorizing the issuance of City of Pearland, Texas, permanentimprovement refunding bonds in one or more series; setting certain parameters for thebonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officerto approve the amount, the interest rate, price, and terms thereof and certain other

procedures and provisions relating thereto.

Councilmember Reed made the motion, seconded by Councilmember Carbone, toapprove Ordinance No. 1533 on its First Reading.

Deputy City Manager Jon Branson reported there is currently an opportunity for the City torefund a portion of its outstanding General Obligation Bonds due to the historical lowinterest rate environment. The City can " current refund" a portion of its Series 2007 andSeries 2008 Permanent Improvement and Refunding ( PIR) and Certificates of ObligationCO) Bonds at a lower interest rate and achieve interest cost savings.

BOSC, Inc. Financial Advisor John Robuck gave an overview of Schedule of Events and

Plan of Finance for $41, 235, 000 Permanent Improvement Refunding Bonds.

Discussion ensued between Councilmember Carbone and BOSC, Inc. Financial Advisor

John Robuck regarding the Refunding Bonds and expenses.

Discussion ensued between Councilmember Perez and BOSC, Inc. Financial Advisor

John Robuck and Finance Director Cynthia Pearson regarding the percentage of the totaldebt savings and if the refinancing packaging can be consolidated to become moreefficient.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting " No" None.


Page 4 of 14 — 10/ 24/2016

Mayor Reid stated the next three items, Ordinance No. 2000M- 151, Ordinance No.

2000M- 152 and Ordinance No. 2000M- 153 will be presented at the same time.

Second and Final Reading of Ordinance No. 2000M - 151 – An ordinance of the CityCouncil of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning mapof the City of Pearland, Texas, for the purpose of changing the classification of certainproperty, being a 39. 50 tract of land being out of the D. H. M. Hunter Survey, Abstract 76,being a portion of the same 181. 6209 acre survey as described in a deed dated June 4,1981, from the C. H. Alexander Trust to Sue Alexander Morrison a. k. a. Susie Alexander

Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County DeedRecords ( B. C. D. R.); and Being a 83. 83 acre tract of land being out of the D. H. M. HunterSurvey, Abstract 76 and the H. T. & B. R. R. Company Survey. Abstract 233. Being a portionof the same 181. 6209 acre survey as described in a deed dated June 4, 1981, from theC. H. Alexander Trust to Sue Alexander Morrison, and recorded in Volume 1596, Page 93

et seq of the Brazoria County Deed Records ( B. C. D. R.). ( Located at East and West

sides of Pearland Parkway, North of Barry Rose Road – Stonebridge Planned

Development.) Zone Change Application No. ZONE 16- 00006, at the request of the City;for approval of an amendment to the Stonebridge Planned Development to require

approval of a Conditional Use Permit for auto related uses and Pawn Shops, PaydayLoans, and Gold Exchanges on properties designated General Business ( GB); on

approximately 123.33 acres of land; providing for an amendment of the zoning districtmap; containing a savings clause, a severability clause, and an effective date and otherprovisions related to the subject.

Second and Final Reading of Ordinance No. 2000M - 152 – An Ordinance of the CityCouncil of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning mapof the City of Pearland, Texas, for the purpose of changing the classification of certainproperty, all that certain 527. 062 acres out of the D. H. M. Hunter Survey, Abstract No. 76,Brazoria County and Abstract No. 36, Harris County and the H. T. & B. R. R. Survey,Abstract No. 233 and including all or a portion of Lots 6, 7, and 15- 18 out of Walcott'sPearland Subdivision according to the plat thereof filed in Volume 35, Page 241- 242Brazoria County Deed Records and a portion of Lots 96- 102 out of the ZychlinskiSubdivision according to the plat there of filed in Volume 29 Page 43 Brazoria CountyDeed Records and being those same tracts described in a deed dated 12- 18- 1996 fromThomas P. Alexander and Bettye M. Alexander to T. & B. Alexander Family LimitedPartnership as filed in Official Records of Real Property of Brazoria County at Clerks FileNumber 96- 044931 and in a deed dated 01- 23- 1992 from First Interstate Bank of Texas,

N. A., to Nai Li Wang and Ban Wang as filed in Volume (92) 997, Page 03 BrazoriaCounty Official Records and in a deed dated 06- 04- 1981 from John Alexander, trustee toPatricia Alexander Wood as filed in Volume 1596, Page 110 Brazoria County DeedRecords and being a residue of that certain tract described in a deed dated 09- 6- 1984from Mary Alexander, et con, to Bartlett Properties, Inc. as filed in Official Records of RealProperty of Harris County at Clerk's File Number J- 724634 Film Code Number 096- 85-0644; and All that certain 15. 755 acres out of Lots 30, 31, 32, 39 and 40, Walcott' s

Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242,Brazoria County Deed Records, D. H. M. Hunter Survey, Abstract Number 76, Pearland,Brazoria County, Texas; and All that certain 6. 000 acres out of Lots 42 and 43, Walcott' s

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Pearland Subdivision, according to the plat thereof filed in Volume 35, Page 241 & 242,Brazoria County Deed Records, D. H. M. Hunter Survey, Abstract Number 76, Pearland,Brazoria County, Texas. ( Located at East and West sides of Pearland Parkway, Southof McHard Road, Highland Glen Planned Unit Development.) Zone Change Application

No. ZONE 16- 00007, at the request of the City; for approval of an amendment to theHighland Glen Planned Development to allow auto related uses and Pawn Shops,

Payday Loans, and Gold Exchanges by approval of a Conditional Use Permit onproperties where the base zoning district is General Business (GB); on approximately548.817 acres of land; providing for an amendment of the zoning district map; containing asavings clause, a severability clause, and an effective date and other provisions related tothe subject.

Second and Final Reading of Ordinance No. 2000M - 153 — An Ordinance of the CityCouncil of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning mapof the City of Pearland, Texas, for the purpose of changing the classification of certainproperty, a 120.417 acre tract in the W. D. C. Hall League, A-70 & parts of Lots 13- 24, S.W.Narregang Subdivision, Volume 1, Page 92 & also parts of Lots 1 & 2, George W. JenkinsSubdivision, Volume 79, Page 616, Brazoria County Map Records ( Oakbrook Estates)East side of Pearland Parkway, North of Dixie Farm Road — Oakbrook Estates

Planned Development) Zone Change Application No. ZONE 16- 00008, at the request of

the City; for approval of an amendment to the Oakbrook Estates Planned UnitDevelopment to allow auto related uses and Pawn Shops, Payday Loans, and GoldExchanges by approval of a Conditional Use Permit on properties where the basezoning district is General Business (GB) and General Commercial (GC): onapproximately 120.417 acres of land; providing for an amendment of the zoningdistrict map; containing a savings clause, a severability clause, and an effectivedate and other provisions related to the subject.

Mayor Pro-Tern Moore made the motion, seconded by Councilmember Reed, to approveOrdinance No. 2000M- 151, Ordinance No. 2000M- 152 and Ordinance No. 2000M- 153 on

their Second and Final Reading.

Mayor Reid read into the record the Planning & Zoning Commission' s recommendation toforward to Council for approval of the Zone Change 16- 00006, Zone Change 16- 00007

and Zone Change 16- 00008.

Deputy City Manager Jon Branson reported all three of these are existing planneddevelopments. Council is being asked to approve the Zone Change 16- 00006 StonebridgePlanned Development, Zone Change 16- 00007 Highland Glen Planned Development and

Zone Change 16- 00008 Oakbrook Estates Planned Development.

Voting "Aye" Councilmembers Carbone, Reed, Moore, Hill, and Perez.

Voting " No" Councilmember Ordeneaux.


Page 6 of 14 — 10/ 24/2016

Second and Final Reading of Ordinance No. 2000T-22 — An Ordinance of the CityCouncil of the City of Pearland, Texas, amending selected provisions of the UnifiedDevelopment Code of the City to add Manvel Road ( FM 1128) to the Corridor OverlayDistrict; having a savings clause, a severability clause, and a repealer clause; providing forcodification, publication and an effective date.

Councilmember Ordeneaux made the motion, seconded by Mayor Pro-Tern Moore, toapprove Ordinance No. 2000T- 22 on its Second and Final Reading.

Mayor Reid read into the record the Planning & Zoning Commission' s recommendation toforward to Council for approval of the amended selected provisions of the Unified

Development Code.

Deputy City Manager Jon Branson reported as a response to the changing needs of thecommunity and concerns that were brought to staff' s attention, regular updates areproposed to the Unified Development Code ( UDC). Council is being asked for approval ofthe proposed updates to the UDC.

Discussion ensued between Councilmember Carbone and Deputy City Manager JonBranson regarding other than the notice in the newspaper the property owners were notdirectly contacted.

Discussion ensued between Mayor Pro-Tem Moore and Director of CommunityDevelopment Lata Krishnarao regarding the normal procedure was followed which wasonly putting the notice in the newspaper.

City Attorney Darrin Coker stated all the Corridor Overlay' s that are established thru theUnified Development Code are considered Text Amendments. In Chapter 211 of the Local

Government Code requires sufficient notice in the local newspaper before the Joint Public

Hearing.

Councilmember Ordeneaux stated he does not have a problem putting FM 1128 into theCorridor Overlay District, he does have issues with some of the requirements regardingthe Corridor Overlay District.

Councilmember Perez stated the City does everything they can to notify individuals whenthe City does something that will affect their property. Council is responsible for the taxpayer' s money and it can get very expensive notifying each individual every time there isan amendment to the Unified Development Code.

Voting "Aye" Councilmembers Reed, Moore, Hill, and Perez.

Voting "No" Councilmembers Carbone and Ordeneaux.


Page 7 of 14 — 10/ 24/2016

Second and Final Reading of Ordinance No. 2000T-23 — An ordinance of the CityCouncil of the City of Pearland, Texas, amending selected provisions of the UnifiedDevelopment Code of the City regarding liquor/package stores; cigars, tobacco or e-cigarettes shops and vaping lounges; having a savings clause, a severability clause, and arepealer clause; providing for codification, publication and an effective date.

Councilmember Hill made the motion, seconded by Mayor Pro-Tern Moore, to approveOrdinance No. 2000T-23 on its Second and Final Reading.

Mayor Reid read into the record the Planning & Zoning Commission' s recommendation toforward to Council for approval of the amended selected provisions of the UnifiedDevelopment Code.

Deputy City Manager Jon Branson reported Council is being asked for approval of theselected provisions to the Unified Development Code. This second reading does notinclude amendments related to lighting.

Councilmember Ordeneaux stated he agrees with the liquor/package stores, cigars,

tobacco or e- cigarette stores. The vaping lounges he does not totally understand, but he isglad the lighting standards was removed.

Voting "Aye" Councilmembers Perez, Hill, Moore, Reed, and Carbone.

Voting "No" Councilmember Ordeneaux.


Council Action — Resolution No. R2016- 192 — A Resolution of the City Council of theCity of Pearland, Texas, amending the City' s Engineering Design Criteria Manual.

Councilmember Perez made the motion, seconded by Mayor Pro-Tem Moore, to approveResolution No. R2016- 192.

Deputy City Manager Jon Branson reported the Engineering Design Criteria ManualEDCM) is intended to provide criteria to the development and engineering community for

the design of public infrastructure that would be maintained by the City. The EDCM waslast updated in July 2007 but was never formally adopted. The City has contracted FreeseNichols to update the EDCM. Council is being asked for approval of amending the City'sEDCM.

Discussion ensued between Mayor Reid and Assistant City Manager Trent Eppersonregarding there were no major issues with the Engineering Design Criteria Manual.

Councilmember Perez thanked staff and the consultant for amending the EngineeringDesign Criteria Manual. He further stated his concerns regarding the chapter that dealswith drainage. He would like to suggest as Council adopts this Resolution if the City give asix month period to allow those outside the community to offer their input of things they

Page 8 of 14 — 10/ 24/ 2016

see in the criteria that may need to be revisited.

Assistant City Manager Trent Epperson stated the City works with some of the largerdevelopment engineering firms and the City can receive any input they may haveregarding the amended Engineering Design Criteria Manual the first six months afterimplemented.


Voting " No" None.


Councilmember Perez stated he will be abstaining from the vote on the next item becauseof work relations with the Construction Company in question. Councilmember Perez wasabsent from the Chamber at 7: 40 p. m.

Council Action — Resolution No. R2016- 190 — A Resolution of the City Council of theCity of Pearland, Texas, awarding a bid for the construction of the Fite Road ExtensionProject ( between McLean Road and Veterans Drive) to Pulice Construction, Inc., in theamount of$ 3, 045, 261. 60.

Councilmember Carbone made the motion, seconded by Mayor Pro-Tem Moore, toapprove Resolution No. R2016- 190.

Deputy City Manager Jon Branson reported Council is being asked for approval to awarda bid for the construction of the Fite Road Extension Project to Pulice Construction, Inc., in

the amount of $ 3, 045, 261. 60. This project leverages 20% local dollars with 80% state

funds.

Discussion ensued between Councilmember Carbone and Assistant City Manager TrentEpperson regarding the reason why this bid is substantially under budget is because whenthe City utilizes a Transportation Improvement Program (TIP) funded project theconstruction cost estimates are from TxDOT' s rolling average prices.

Discussion ensued between Councilmember Carbone and Assistant City Manager TrentEpperson regarding the City's 20% local dollars is from General Obligation Bonds.

Discussion ensued between Councilmember Hill and Assistant City Manager TrentEpperson regarding funds in the Capital Improvement Plan ( CIP) for other projects.

Voting "Aye" Councilmembers Hill, Moore, Ordeneaux, Reed, and Carbone.

Voting " No" None.

Motion Passed 5 to 0, with Councilmember Perez absent from the Chamber.

Page 9 of 14 — 10/ 24/ 2016

Councilmember Perez returned to the Council Chamber at 7:49 p. m.

Council Action — Resolution No. R2016- 196 — A Resolution of the City Council of theCity of Pearland, Texas, awarding a bid for the construction of the City Hall ComplexRenovation Project to Construction Masters of Houston, Inc., in the amount of

6, 124, 000.00; appropriating $214, 000. 00 from Fund 500 fund balance.

Councilmember Reed made the motion, seconded by Mayor Pro- Tern Moore, to approveResolution No. R2016- 196.

Deputy City Manager Jon Branson reported the City Hall Complex Renovation Project hasbeen a part of the Capital Improvement Program since 2009 with the intent to update and

improve functionality of the City Hall and Community Center (Annex) buildings collectivelyreferred to as the City Hall Complex.

Assistant City Manager Trent Epperson gave a power point and overview of the City HallComplex Renovation Project.

Discussion ensued between Councilmember Perez and Assistant City Manager TrentEpperson regarding the additional costs ( furniture, out-fitting conference rooms with ITequipment, etc.) is beyond what will be paid to the contractor.

Discussion ensued between Councilmember Ordeneaux and Assistant City ManagerTrent Epperson regarding replacing the elevators to be able to put on the key card accesssystem for security reasons.

Councilmember Ordeneaux stated he definitely would like to see security as number one,mechanical/ infrastructure as second and the last thing he wants to see done is touchingthe Chambers. He would like to make sure staff has the needed office space before doinganything to the Council Chambers.

Councilmember Perez stated he has worked in the City Buildings and it is veryuncomfortable. If we are going to do the renovations they should all be done and donenow. He is leaning towards Option 4. He further stated he is all for security, but he notsure about removing the stairs on the first floor to prevent citizens from going upstairs. Thecitizens paid for the building, they should be able to have access to where they want to go.

Discussion ensued between Councilmember Hill, Deputy City Manager Jon Branson andAssistant City Manager Trent Epperson regarding Option 3 and Option 4.

Councilmember Hill stated he agrees with Councilmember Perez regarding having to waiton an employee to usher a citizen to the second or third floor seems impersonal.

Discussion ensued between Councilmember Perez and Assistant City Manager TrentEpperson regarding the reasoning for the increase from the original budget presented

NJ

several months ago to now is because of an increase for the HVAC system and the

renovation work is hard to estimate because of a lot of factors are involved with renovation

work.

Page 10 of 14 — 10/ 24/2016

Discussion ensued between Mayor Pro-Tern Moore and Assistant City Manager TrentEpperson regarding purchasing furniture and the citizens not having access to the secondand third floors.

Reed stated the current security measures in City Hall are sufficient enough. He furtherstated he is for Option 3 minis the elevators and the additional security.

Councilmember Carbone stated the City is spending money that is not voter approveddebt. He further stated tonight Council is being asked to approve another million dollarsthat is not voter approved debt. He stated he struggles with that.

Councilmember Reed made the motion, seconded by Councilmember Carbone to tableR2016- 196.

City Attorney Darrin Coker stated to clarify by Roberts Rule of Order when there is amotion and second to table, it is not a debatable issue, you have to take a vote.

Voting " Aye" Councilmembers Carbone, Reed, Moore, and Hill.

Voting " No" Councilmembers Ordeneaux and Perez.


City Attorney Darrin Coker stated to clarify when there is a motion to table technically it isa motion to postpone which will be postponed to a future meeting which was not includedin the motion. He will leave that up to the discretion of staff by guidance from Council.

Council Action — Resolution No. R2016- 194 — A Resolution of the City Council of theCity of Pearland, Texas, authorizing the power of eminent domain to acquire fee simpletitle to certain property for the Hughes Ranch Road Improvement Project; being a 0. 091of one acre ( 3, 983 square feet) parcel of land located in the H. T.& B. R. R. Co. Survey,Abstract No. 506, Brazoria County, Texas and being situated in Lot 7, Block 20 of theALLISON RICHEY GULF COAST HOME COMPANY SUBDIVSION, a subdivision per

plat or map recorded in Volume 2, Pages 23 - 24, Brazoria County Map RecordsB. C. M. R.), said of one acre parcel being out of and a .part of a 4. 860 acre residue of a

tract described as 4.999 acres in a conveyance to CUBE HHF LIMITED PARTNERSHIP

recorded under Brazoria County Clerk's File ( B. C. C. F.) No. 2013059206, for theconstruction and maintenance of water, sewer, drainage and road improvements

Hughes Ranch Road Project; CR 94 to FM 865) on certain real property describedherein; authorizing the city attorney, or his designee, and other city officials to take suchactions as are necessary to acquire said property, located within the city, by donation,purchase, or by the exercise of the power of eminent domain.

Mayor Pro-Tern Moore made the motion, seconded by Councilmember Carbone, toapprove Resolution No. R2016- 194.

Page 11 of 14 — 10/ 24/2016

City Attorney Darrin Coker reported this resolution will allow the City to file acondemnation petition associated with the above referenced project. Prior to the filing of acondemnation action, the City Council must approve a resolution, declaring a publicnecessity, which will be filed as an attachment to the City' s Petition. Negotiations havestalled and both parties have agreed to proceed through the eminent domain process.

Discussion ensued between Councilmember Carbon and City Attorney Darrin Cokerregarding the property owner will have to do some on site improvements andmodifications.

Discussion ensued between Councilmember Perez and City Attorney Darrin Cokerregarding this issue is more of lost income than relocation.

Voting "Aye" Councilmembers Carbone, Reed, Ordeneaux, Moore, Hill, and Perez.

Voting " No" None.


Council Action — Resolution No. R2016- 195 — A Resolution of the City Council of theCity of Pearland, Texas, authorizing the City Manager or his designee to renew aSoftware Maintenance Contract with Sungard HTE/ OSSI/TraKiT in the estimated amountof $303,656. 92 for the period of October 1, 2016 through September 30, 2017.

Councilmember Ordeneaux made the motion, seconded by Mayor Pro-Tern Moore, toapprove Resolution No. R2016- 195.

Deputy City Manager Jon Branson reported Council is being asked to award thepurchase of Software Maintenance Contract with SunGard H. T. E./ OSSI/ TrakiT, in the

amount of $ 303, 656. 92.

Voting "Aye" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting " No" None.


Council Possible Action — Resolution R2016- 200 — A Resolution of the City Council ofthe City of Pearland, Texas, awarding a bid for the purchase of forty-seven ( 47) fleetvehicles from Silsbee Ford in the amount of$ 1, 740,616.46 through the TASB Buyboard.

Councilmember Hill made the motion, seconded by Councilmember Carbone, to approveResolution No. R2016- 200.

Page 12 of 14 — 10/ 24/2016

Deputy City Manager Jon Branson reported Council is being asked to award a bid for thepurchase of forty-seven (47) fleet vehicles from Silsbee Ford in the amount of

1, 740, 616.46 through the Texas Association of School Board ( TASB) Buyboard.

Discussion ensued between Councilmember Carbone and Purchasing Officer BobPearce regarding the first responder' s vehicles will be fully equipped and ready in threeweeks' time.

Deputy City Manager Jon Branson stated he complements Purchasing Officer BobPearce and his staff for gathering the plans and specifications on each vehicle andhaving it ready to be presented tonight before Council. He stated the issues the City mayhave are not staff related issues, but supplier related issues


Voting " No" None.


MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS:

Councilmember Carbone stated not necessarily for an agenda, but he would like to see anupdate in Thursday' s packet regarding the issue on Westchester Circle.

Councilmember Ordeneaux stated there was a similar situation on Ryan Acres and

Magnolia where the City did not put in an emergency gate, he does not know if that is anoption or not on Westchester Circle.

Councilmember Perez stated he believes what the City is lacking is a standard when speedbumps are appropriate and when they are not appropriate. He further stated maybe theCity can come up with a standard of options regarding speed bumps.

Assistant City Manager Trent Epperson stated the City has an adopted traffic policy for aguide line regarding speed bumps.

OTHER BUSINESS:

Council adjourned into Executive Session under Texas Government Code at 8: 58 p. m. todiscuss the following.

EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE

1. Section 551. 087 - Consultation with City Attorney — RegardingEconomic Development Negotiations.

Page 13 of 14 — 10/ 24/ 2016

2. Section 551. 072 — Real Property — Regarding the sale, lease,purchase, or exchange of real property.

3. Section 551. 071 — Consultation with City Attorney — RegardingChapter 212 of the Local Government Code.

NEW BUSINESS CONTINUED:

Council returned from Executive Session at 10: 31 p. m.

Council Action — Regarding the sale, lease, purchase, or exchange of real property.

Councilmember Reed made a motion, seconded by Councilmember Carbone, authorizingstaff to proceed with the acquisition of property as discussed in Executive Session.

Voting "Yes" Councilmembers Perez, Hill, Ordeneaux, Moore, Reed, and Carbone.

Voting " No" None.


ADJOURNMENT

Meeting was adjourned at 10: 32 p. m.

Minutes approved as submitted and/ or corrected this the 23rd day of January, A.D., 2017.

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Mayor

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Documents

Gary Moore