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2007-12-10 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 10, 2007, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:37 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Steve Saboe Woody Owens Helen Beckman Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorflng Others in attendance: Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer; Michelle Smith Assistant Parks and Recreation Director; Johnny Spires Assistant Police Chief. The invocation was given by Pastor Mike Hogg and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported November 27, he attended the Metro Van Pool Meeting with Medical Center and H -GAC representatives; November 29, attended the Pearland Art League Monthly Board of Directors Meeting, the Keep Pearland Beautiful Grant Utilization Meeting, and lit the City Christmas Tree; November 30, met with City Manager Bill Eisen and developers and visited the City Christmas Event at City Hall; December 1, rode in the City Christmas Parade; December 3, attended the Agenda Meeting, the Council Special Meeting and the Council Workshop; December 4, joined Pearland Economic Development Staff and a Foreign Investor in a Development Meeting and attended the Pearland Neighborhood Centers Soup Kitchen; December 5, attended the Pearland Neighborhood Centers "Share Your Christmas" event with Television Channel 13 and the HEB-Plus store and the University of Houston Clear Lake Christmas Reception with Dr. Staples, President of the University of Houston at Clear Lake; December 6, attended the Ribbon Cutting for the Texas Eyes, Nose, and Ear Clinic and lit the "Christmas Tree of Life" for the Hospice Association; December 7, read to the Td grade class at Carleston Elementary School, attended the 1-69 Corridor Alliance Annual Meeting, and the Community Christian Dinner; December 8, attended Page 1 of 10 — 12/10/2007 — 7:00 P.M. the Special Activities of Sri Meenakshi Temple and the City's Annual Christmas Party; December 10, welcomed the Sivlerlake Children's Choir to City Hall, attended the Pearland District Education Improvement Committee Meeting, and the Pearland Economic Development Monthly Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Councilmember Owens, Saboe, and Kyle passed on giving a report. Councilmember Beckman thanked Parks and Recreation Staff, Pearland Police Bike Patrol, and the EMS Staff for their work with the Tour De Lites December 8th. She reported November 29, attended the City Tree Lighting; December 1, attended the City Christmas Parade; December 2, attended the Toys For Tots Basketball Game; December 4, attended the Pearland Economic Development and Bombardies Bellfest and the Neighborhood Centers Soup Supper; December 8, was a celebrity reader at Carleston Elementary School; December 9, attended the 1-69 Alliance Luncheon; December 8, attended the Tour De Lites. Councilmember Cole stated he would like everyone to note that Pearland Day in Austin will be held on February 27 and 28, 2008. CITY MANAGER'S REPORT City Manager Bill Eisen reported City Hall will be closed Christmas Eve, Christmas Day, and New Years Day. CITIZENS Hersh T. Hoaglan, Pearland Police Officers' Association, addressed Council and stated he represents the Pearland Police Officers' Association and would like to thank Council for the accomplishments of the last year. A year ago he came before Council with issues that were affecting Police Officers and City Staff. He is proud to say the issues were taken into consideration and measures were taken to improve the situation. The City increased the amount they contributed for Employee Health Care, are now providing compensation for on-call detectives, stayed committed to the Take a Car Home Program, hired more officers and increased salaries. All the Police Officers and Staff greatly appreciate these changes and they feel the biggest accomplishment is better communication between the Pearland Police Officer's Association and the City Administration. This has proven that when communication is achieved, positive advances can be made. DOCKETED PUBLIC HEARING: None Page 2 of 10 — 12/10/2007 — 7:00 P.M. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 19, 2007, Special Meeting held at 6:00 p.m. 2. Minutes of the November 19, 2007, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the November 26, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1332 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 18.570 ACRES OF LAND. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF DR. VENUGOPAL MENON TO SERVE IN POSITION NO. 1 ON THE HEALTH FACILITIES DEVELOPMENT CORPORATION FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF WESLEY GLENN TERRELL FROM ALTERNATE POSITION NO. A2 TO SERVE IN POSITION NO. 1 ON THE ZONING BOARD OF ADJUSTMENTS FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-198 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A SUPPLY CONTRACT FOR WATER FITTINGS, PIPE AND RELATED PARTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Page 3 of 10 — 12/10/2007 — 7:00 P.M. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000CUP-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 10.6963 ACRES OF LAND, OUT OF ABSTRACT 542, H.T. & B.R.R. COMPANY SURVEY, TRACT A, RAY BELLOWS AND SONS SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND ON THE SOUTH SIDE OF KNAPP ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2007-19), TO ALLOW THE FOLLOWING USES: CONSTRUCTION CONTRACTOR WITH STORAGE YARD; MACHINERY SALES, STORAGE, AND REPAIR; MOVING AND STORAGE COMPANY; PRINTING; OFFICE WAREHOUSE STORAGE OR SALES; OUTSIDE STORAGE; STORAGE OF USED LUMBER AND BUILDING PRODUCTS; TOOL AND MACHINERY RENTAL; WELDING SHOP; AND WAREHOUSE AND DISTRIBUTION FACILITY; AT THE REQUEST OF WILL BENSON AND TNRG ACQUISITIONS, APPLICANT FOR EISIE M. PITSENBARGER LIVING TRUST, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. This item was passed with no Council Action taken. FIRST READING OF ORDINANCE NO. 2000M-44 — 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 REAL PROPERTY, LOCATION BEING 20.00 ACRES OF LAND, OUT OF THE ROBERT L. ALEXANDER 172.0566 ACRE TRACT, RECORDED IN VOLUME 1725, PAGE 120, OF THE BRAZORIA COUNTY DEED RECORDS, OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND ON THE SOUTH SIDE OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2007-19Z), FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) AND GENERAL BUSINESS RETAIL DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF NEW LIFE LUTHERAN CHURCH, APPLICANT FOR ROBERT ALEXANDER AND TOM ALEXANDER, OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Page 4 of 10 — 12/10/2007 — 7:00 P.M. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-44 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2007-19Z. City Manager Bill Eisen stated this request has been changed to Planned Development District to allow the property to develop as a church and an office complex. Councilmember Beckman stated she will abstain from the vote on this item. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Voting "Abstain" Councilmember Beckman Motion Passed 4 to 0, with 1 abstention. FIRST READING OF ORDINANCE NO. 943-15 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Ordinance No. 943-15 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Ordinance No. 943-15. City Manager Bill Eisen stated this item involves several changes to the Thoroughfare Plan in the Westminister Road area with the idea of lessening the impact of future thoroughfares in the vicinity. Mayor Pro -Tem Saboe stated he supports this item and asked if there has been discussion with property owners that are affected. City Manager Bill Eisen stated many residents in the area would like to see another road built soon but do understand this will be done as development occurs. Page 5 of 10 — 12/10/2007 — 7:00 P.M. City Engineer Narciso Lira stated property owners were informed that most of the construction of new roads would be development driven, but by altering the Thoroughfare Plan at least one of the branches out to Barry Rose Road would be built sooner than later. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000-T-6 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000-T-6 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Ordinance No. 2000-T-6. City Manager Bill Eisen stated this item involves changes to the Unified Development Code that are a result of Staff meeting with members of the Pearland Chamber of Commerce and business owners. The goal is to simplify the existing process for the existing business owner wanting to expand their business. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-186 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE MAGNOLIA PROJECT (PHASE II). Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-186. City Manager Bill Eisen stated the City will be awarding a Construction Contract in the Page 6 of 10 — 12/10/2007 — 7:00 P.M. near future for the second phase of the Magnolia Project. This item is a Construction Management Contract with Carter and Burgess to perform these services with a subcontractor working with them for inspection services. These are services that both vendors have provided to the City on previous occasions and the total of the contract is $874,055.25. Councilmember Cole asked what percentage will ESPA Corp be receiving for the project and is the percentage written into the contract. Project Director Trent Epperson stated it is approximately 30%. The number is not written in the contract, but is based on time and materials. Mayor Pro -Tem Saboe stated the, with fact that there is a construction zone in a pretty heavily traveled area, the option to open any of the road way while the project is still ongoing needs to be explored. The Construction Code may also need to be changed in regards to housekeeping and interaction with residents in the local area. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE STATE HIGHWAY 35 TRUNK SEWER PROJECT. Mr. Trent Epperson, Project Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-195. After the discussion, R2007-195 was tabled to provide more time for Staff and the Contractor to discuss this item. City Manager Bill Eisen stated the Construction Management Contract for this project was based upon the contracted projection of project time and not the actual project time. For various reasons the current estimated time is significantly more than the estimated time included in the original contract. This item is an amendment to the original contract to more appropriately match the estimated time of the project. Councilmember Cole stated the information received states the issues causing the increase in the time of the project were caused by the Contractor and asked why the additional cost is not being paid by the Contractor. Page 7 of 10 — 12/10/2007 — 7:00 P.M. Project Director Trent Epperson stated this is an issue Staff is reviewing for the possibility of charging the extra cost to the Contractor. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Councilmember Cole made the motion, seconded by Councilmember Kyle, to table Resolution No. R2007-195 to provide more time for Staff and the Contractor to discuss this item. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-197 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY OF HOUSTON INTERCONNECT PROJECT. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-197. City Manager Bill Eisen stated this item involves design services for a waterline that connects the City to a City of Houston water system to utilize additional water available to the City. The bids were significantly higher than the estimate on which the City's participation was based. The cost is expected to be approximately $10,000,000 to $11,000,000 more than estimated. The project is being reviewed for potential areas the cost could be reduced. Staff is recommending the contract be awarded to Camp, Dresser, & McKee, Inc. in the amount of $1,743,281.00. Assistant City Manager Mike Hodge stated Staff has been working with the City of Houston as far as where the City's take point would be. The City of Houston has stated they would install a 72" line down Fuqua which would cut approximately 12,000 linear feet out of the City of Pearland's project. The City would be expected to share in the cost of the City of Houston extending the 72" line along Fuqua. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Page 8 of 10 — 12/10/2007 — 7:00 P.M. Mayor Pro -Tem Saboe stated he would like to see Staff complete a financial study to see what the impact of this project is going to be on the water rate fees and possibly consider building our own plant. Assistant City Manager Mike Hodge stated Staff reviewed the impact of this item on water rate fees six months ago when the estimated cost was $45,000,000 to $46,000,000 for the total project. The impact would be between a $1.75 to $3.50 increase. Mayor Pro -Tem Saboe stated the City has no control over the cost for this project and no control over the impact the cost will have if it increases dramatically. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Mike Hodge regarding the project. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" Mayor Pro -Tem Saboe. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2007-196 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-196. After the discussion Resolution No. R2007-196 was tabled for further review. City Manager Bill Eisen stated, it is his understanding, Council would like more information on financial options of leasing or owning the property associated with this item. Mayor Pro -Tem Saboe stated he would like to see the numbers for a Lease to Purchase Option and a Direct Purchase Option; also, any other options available to the City. Councilmember Cole stated it was also asked if the City should provide bond financing for this item and he would like more information on this option. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to table Resolution No. R2007-196 for further information. Page 9 of 10 —12/10/2007 — 7:00 P.M. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Tabled 5 to 0. ADJOURNMENT Meeting was adjourned at 9:56 p.m. Minutes approved as submitted and/or corrected this the 14th day of January, A.D., 2008. I w 'QEAR........ ok "� Tom Reid Mayor ATTEST: Page 10 of 10 — 12/10/2007 — 7:00 P.M.