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2012-04-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 9, 2012, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:44 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Susan Sherrouse Felicia Harris Greg Hill Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Projects Director; Roland Garcia Fire Marshal; Bonita J. Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director. The invocation was given by Councilmember Sherrouse and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. Mayor Reid and Councilmember Sherrouse presented a Proclamation proclaiming May 6, 2012, as "Lemonade Day" to Michelle Smith Director of Parks and Recreation Mayor Reid presented a Proclamation proclaiming the month of April, 2012, as "Fair Housing Month" to Joel Hardy and Renee McGuire, MAYOR'S ACTIVITY REPORT: Mayor Reid reported on March 28, he attended the BayTran Board of Directors, March 29, joined the University of Houston Clear Lake Annual Report to the Community with Assistant City Manager Jon Branson; joined Mayor Pro -Tem Sherman and Councilmember Sherrouse at the Brazoria County Library Foundation Annual Banquet with Mayor Pro -Tem Sherman and Councilmember Sherrouse, April 1, joined Steve Saboe in honoring a visiting touring art and music group from India , April 2, attended Council Agenda Meeting, April 5, joined Councilmember Hill and Mayor Pro -Tem Sherman as disco judges for the Chamber Business Showcase and Taste of the Town Page 1 of 13 — 4/9/2012 Event . COUNCIL ACTIVITY REPORTS: Councilmember Owens stated he also attended the Chamber Business Showcase and Taste of the Town event, met with a couple of Commissioners from Brazoria County to get an update on some future upcoming projects. Councilmember Sherrouse attended Public Officials training for disaster preparedness training. She would like a workshop to prepare and review for a disaster. She also attended the Brazoria County Library Association event with Mayor Reid and Mayor Pro -Tem Sherman, April 1, attended the Paws in the Park with her new puppy. She received many compliments from participants on the Paw's in the Park activities and thanked the Parks and Recreation Department for a good job on that program. Mayor Pro -Tem Sherman reported on March 28, he was a Celebrity Judge at the Pearland Idol Competition held at Buffalo Wild Wings. He stated there is a lot of good talent in the City of Pearland and it is a really fun event. March 29, he visited Angleton to attend the Brazoria County Library Foundation Dinner. It is basically a get together of all the library boards of the entire county. They raise money to off -set costs within the library system. The money raised this year went to replace computers in Pearland. He states he likes to attend and support this cause as the City works on getting the Westside Library opened and the current library funded. He complimented Michelle Smith, Director of Parks and Beautification and her staff for a great job done in putting on the Paws in the Park event. Mayor Reid recognized candidates running for office. Councilmember Harris stated she is running for current represented by Congressman Ron Paul, 14th Congressional District. The lines have been redrawn to make Congressional District 14 include Brazoria County, Galveston County, Jefferson County, skips over Chamber County. It is an entirely new District. It is a Coastal District. Election Day is May 29, early voting starts May 14. She encouraged everyone to vote for your President, Senator, Congressman or woman and all valid races including Judges and Party Chairs. Mayor Pro -Tem Scott Sherman running for re-election City Council Position No. 2 running unopposed. Tammy Dexter running for City Council Position No. 4. She stated she appreciates the votes and wants to remind that the City Council Election does not coincide with the Primary Election. The City Election starts on April 30, through May 8, and Election Day is May 12. Page 2 of 13 — 4/9/2012 Keith Ordeneaux is running for City Council Position No. 4. Councilmember Felicia Harris stated she has spent time out and about meeting leaders and voters in the community. She reported a couple of events she wanted to highlight the CCA Annual Fundraiser, a well attended event with a lot of County and Community leaders also had the pleasure of speaking at the South East Texas Tea Party Forum . Councilmember Hill reported he moved his office to Pearland over the weekend and wished he had attended the Paws in the Park event. On March 30, attended the Exchange Club Casino Night Fundraiser; attended an Easter Egg Hunt courtesy of Crosspoint Church; April 3, attended the Lions Club Meeting, he also said a big event coming up called 51 gun raffle, it is a great organization raising a lot of money for scholarships. On May 9, scholarships will be presented to kids from Dawson High School, May 10, scholarships to be given away to kids from Pearland High School. It was approximately $30,000 for a total of seven scholarships raised from that organization. On April 5, he attended the Chamber Business Showcase. CITY MANAGER'S REPORT: City Manager Bill Eisen reported the public is invited to attend a Ribbon Cutting for the new section of the trail at Centennial Park and Harkey located south of McClean it will be held next Monday on April 16, at 5:00 p.m. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 30, 2012, Special Meeting held at 6:30 p.m. 2. Minutes of the February 20, 2012, Special Meeting held at 6:00 p.m. 3. Minutes of the March 5, 2012, Special Meeting held at 6:30 p.m. 4. Minutes of the March 12, 2012, Public Hearing held at 6:30 p.m. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to adopt Consent Agenda Items A through A as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Page 3 of 13 — 4/9/2012 Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2012-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH REF -CHEM, L. P. Mr. Matt Buchanan, President of Pearland Economic Development Corporation. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-48. City Manager Bill Eisen stated the Council has recently approved the creation of a reinvestment zone which is the first step necessary to consider a Tax Abatement Agreement for a potential business moving into the community. Ref -Chem is known primarily as a petroleum company in the engineering business and has facilities in the Houston area. Ref -Chem will be consolidating those locations at the facility that will be constructed on Beltway 8. Mr. Eisen continued to give an overview of the general terms of the agreement. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4 ("DISTRICT") FOR THE OPERATION AND MAINTENANCE OF THE DISTRICT'S WATER AND SEWER SYSTEM. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2012-52. After the discussion no Council action was taken pending the City reviewing the contract. City Manager Bill Eisen stated as City Council is aware on December 31, 2012, the City will be annexing Brazoria County Municipal Utility District No. 4 (Country Place) and the will take over ownership and operation of the District's water and sewer system. The District has a private company operating the system today and due to some concerns with regard to that operation of the system the MUD Board has notified that operator Page 4 of 13 — 4/9/2012 that they are cancelling the individuals and company's contract. It was originally set to be cancelled on May 1, based on our recommendation this evening it would be changed to June 1, The District Board has asked the City to considered moving ahead and taking over operation at that time rather than having a change of operator in June and a change at the end of December of 2012. Mr. Eisen continued to provide Council with the funding financial conversion costs. Councilmember Owens asked for the annual cost after depreciation, and the cost of the capital obligation to purchase the agreement. City Manager Bill Eisen stated the capital obligation is included in the itemized list on the last page under annual which has been provided in the packet. City Manager Bill Eisen stated the grand total of $679,990 included operation and Capitol and the money would be coming out of the water and sewer fund. City Manager Bill Eisen stated this item is not for the approval of a resolution at this time but rather to get indication from the Council authorizing staff to proceed to negotiate a contract. Council stated they look forward to seeing the proposed contract. COUNCIL ACTION — RESOLUTION NO. R2012-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE LONGWOOD WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-42. City Manager Bill Eisen stated this is one of two items on the agenda that are related. This particular one involves construction management and construction inspection rehabilitation and major repairs to this treatment plant. The recommendation tonight is for the Council to approve the Construction Management and Inspection Services contract with Arcadis US, Inc. in the amount of the proposed contract for $163,815.25. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-43 — A RESOLUTION OF THE CITY Page 5 of 13 — 4/9/2012 COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE LONGWOOD WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2012-43. City Manager Bill Eisen stated this is an award of a contract to RP Constructors, Inc., to perform the work or major rehabilitation for the Longwood Wastewater Treatment Plant. Their bid in the amount of $2,569,160 as to other bids received they are significantly below the estimate of the engineer. It is our recommend that the bid be awarded to RP Constructors. Discussion ensued between Council and Trent Epperson Projects Director regarding the contract. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE PEARLAND PARKWAY EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-34. City Manager Bill Eisen stated this was discussed by Trent Epperson Projects Director with regards to the advance funding agreement with TxDOT and the award of the design contract. Initially in 2007 the bond election at that time assumed that the City would have to pay 100 percent cost of that project, however, with some new funding that Proposition 12 has come along to participate at the State level with the State picking up 80 percent of the eligible cost and the City paying 20 percent of cost and cost of design. At this point the City's cost is projected about $9,515,960, as Trent Epperson Projects Director indicates he believes as we get into the actual project we may see the price come down. Councilmember Owens asked if the State is going to be doing any inspecting on this project and what the direct cost will be. Trent Epperson Projects Director reported the State will manage and inspect the project Page 6 of 13 — 4/9/2012 and the City will also have an inspector in-house. Discussion ensued between Council and Trent Epperson Projects Director regarding the direct cost. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-33. City Manager Bill Eisen stated this is the same project discussed in the last item. This is the award of the engineering contract which is proposed to go to HDR Engineering, Inc. for the Pearland Parkway Extension, in the amount of $545,945.27. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE 2010 HAZARD MITIGATION PLAN UPDATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-41. City Manager Bill Eisen stated this update of the Hazard Mitigation plan is necessary to have an approved version of the plan in the event the City ever made any claims to try to recover damages as a result from a disaster from FEMA. The document provided is a two-year old document that was sent to FEMA two years ago. The City has just received this update indicating the City does meet all the requirements. Upon approval by the Council they will also approve it for their purposes so that the City is eligible for funding and reimbursements in the event of a disaster. Page 7 of 13 — 4/9/2012 Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-47 — AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE TITLE TO CERTAIN PROPERTY, BEING A 3.1768 ACRE TRACT OUT OF SECTION 10 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SURVEY, BEING PART OF SUBURBAN GARDENS , PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE SAID PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN. Mr. Darrin Coker, City Attorney. Councilmember Harris made the motion, seconded by Councilmember Hill, to approve Resolution No. R2012-47. City Attorney Darrin Coker stated this item is in respect to the Max Road project if Council has any questions he will be glad to answer them. Councilmember Harris asked for clarification on the right -up being presented to Council which states the current owners do not oppose the granting of the property to the City. She asked if there is an agreement in place already to do that. City Attorney Darrin Coker stated that the agenda request was incorrect. The property owners have refused the City's offer. At this time the City needs to move forward. Councilmember Harris asked if the property owners have been contacted at all about their decision not to respond. Trent Epperson Projects Director stated communication was made early on before and formal offers were made. There have been verbal communications with the owners including meetings but all the initial notices have been in writing as required by law. Discussion ensued between Councilmember Harris, Trent Epperson Director of Engineering and Capital Projects, and Darrin Coker City Attorney regarding communication with the property owner. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Page 8 of 13 — 4/9/2012 Voting "No" Councilmember Harris. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2012-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPLEMENTATION OF THE INTELLIGENT TRANSPORTATION SYSTEM. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-44. City Manager Bill Eisen stated this is an agreement with TxDOT that will share the cost to design and leader of implementation of a system that will cause all traffic signals within the City to communicate. Mr. Eisen provided Council will a brief overview of the proposed contract, funding, and costs. Councilmember Owens asked if the first amount being paid would be due in September in the amount of $666, 000, and where the money would be coming from. Trent Epperson Projects Director stated the way the agreement was set up the design funding is not covered in the advance funding agreement. Mr. Epperson provided council with a brief overview of the advanced funding agreement. Councilmember Harris asked for clarification on what was being purchased. Trent Epperson, Project Director stated the City has taken over approximately eighty three signals. The City has recently made some upgrades along 518 to some of the traffic signals, controllers, the cameras, software and the communication between those signals. This will provided communication to our traffic operations department letting them know when traffic lights have gone out. Councilmember Owens stated he thought the City has a contract in which the lights are continuously checked to make sure they are in good working order. Mike Hodge Assistant City Manager stated they take inventory and make sure the lights are working but have not been upgraded. Councilmember Owens stated the cost of the construction exceeds the maximum obligated stated amounts at $3.164 million shown on attachment (C) and states the City will be responsible for the remaining cost at a full 100 percent. Trent Epperson Projects Director stated the City is doing the design and can control and manage the design project. Page 9 of 13 — 4/9/2012 Discussion ensued between Councilmember Owens, Trent Epperson Director of Projects and Claire Bogard Finance Director regarding the funding for the project. Mayor Pro -Tem Sherman stated this is obviously an ongoing problem that will need to take care of at some point. The City should take advantage of the savings opportunities right now to get it done. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE INTELLIGENT TRANSPORTATION SYSTEM DESIGN. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-45. City Manager Bill Eisen stated this is the AECOM agreement which was talked about earlier in the meeting. Trent Epperson Projects Director indicated earlier, this is for the actual engineering and design contract the proposed firm is AECOM in the amount of $415,594. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF POST -DISASTER DEBRIS MONITORING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman to approve Resolution No. R2012-50. City Manager Bill Eisen stated Council is being asked to consider this issue this evening Page 10 of 13 — 4/9/2012 instead of after a disaster, because under FEMA regulations in order to be reimbursed for any expenditures made for debris cleanup for example, you must have contracts in place prior to disaster occurring. With that sometime City Council will authorize a contract or agreement with a company for the actual removal of the debris. This agreement would be with a company called SAIC. They would be responsible to monitor the collection and dispense the debris to verify volumes and amounts so that we have verification of those costs for FEMA. These costs would be reimbursable as would the debris removal under the specific rates are approved by FEMA for each individual event. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-51. City Manager Bill Eisen stated this item is to approve and authorize the expenditures to fund a project from existing funds, prior to the sale of the bonds that would fully fund the project. Once the sale of the bonds is made then the expenditures would be reimbursed from future bond proceeds. Councilmember Harris stated that since a number of these are projects she has already voted consistently against, moving forward, she will have a no vote on this issue. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" Councilmember Harris. Motion Passed 4 to 1. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:10 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Page 11 of 13 — 4/9/2012 1. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 2. SECTION 551.074 — PERSONNEL MATTERS — TO DELIBERATE THE APPOINTMENT OF PUBLIC OFFICERS OR EMPLOYEES. City Council. 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager, NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:51 p.m. COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE DELIBERATION OF APPOINTMENTS OF PUBLIC OFFICERS OR EMPLOYEES. City Council. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Sherrouse, to appoint Lata Krishnarao as Community Development Director and Trent Epperson as the Projects Director. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:53 p.m. Minutes approved as submitted and/or corrected this the 11th day of June, A.D., 2012. Page 12 of 13 — 4/9/2012 ATTEST: YAng L I I T 0 Sec ary Tom Reid Mayor Page 13 of 13 — 4/9/2012