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2012-07-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 9, 2012, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Susan Sherrouse Councilmember Woody Owens Councilmember Scott Sherman Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Daniel Baum EMS Director; Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire Marshal; Bonita Hall Director of Human Resources and Safety Management; Lata Krishnarao Director of Community Development; Michelle Smith Director of Parks and Recreation; Sparkle Anderson Public Affairs Manager; Harold Ellis Senior Planner; Skipper Jones Assistant Director of Capital Projects; Bob Pearce Purchasing Officer. The invocation was given by Tom Ramsey Mayor of Spring Valley and the Pledge of Allegiance was led by J.C. Doyle Police Chief. MAYOR'S ACTIVITY REPORT: Mayor Reid reported June 27, he attended the Ref -Chem Ground Breaking, June 28, he met with the Manager and Assistant Manager of Sam's Club, he met with the Pearland Economic Development Corporation Board of Directors, July 1, he joined Councilmember Harris and Councilmember Hill at the Olson Patriotic Event, July 2, he attended the Agenda meeting, City Council Regular meeting and Workshop, July 3, he attended the Employee of the Quarter Luncheon with City Manager Bill Eisen, July 4, he participated in the City's Celebration of Freedom, he participated and spoke in the Bella Vita Parade, July 7, he Judged the Photo Contest at Corks and Canvas Exhibit, he attended the Spencer Lodge Installation of Officers with Councilmember Hill, July 8, he presented a Proclamation to the past Chairman of the Meenakshi Temple, July 9, he attended Judge King's Tax Abatement Review Committee Meeting in Angleton. Page 1 of 10 — 7/9/2012 COUNCIL ACTIVITY REPORTS: The Councilmember Owens reported on July 4, he attended the City's Celebration of Freedom, the Parks Department did an outstanding job, well attended, a good event. Councilmember Sherman stated he would agree with Councilmember Owens and would like to congratulate Michelle Smith, Director of Parks and Recreation and her staff for putting on a great event and managing all the people, it went very well. Mayor Pro -Tem Sherrouse stated ditto. Councilmember Ordeneaux stated the City has a great partnership with the Pearland Independent School District. The Celebration of Freedom was a good use of tax payer funds. A really good event. Councilmember Hill reported June 27, he attended the Ref -Chem Luncheon and has been impressed with them, June 28, he attended the Houston -Galveston Area Council Elected Officials Conference with Councilmember Ordeneaux, June 30, he attended the Lion's Club 51 gun raffle, it netted about $53,000 that has been the most money it has ever raised, it will be that much more going to the community, July 4, he attended the City's Celebration of Freedom and agree with everyone that it was a great event. CITY MANAGER'S REPORT: City Manager Bill Eisen reported that Ref -Chem has several locations in the Houston area. This one will be a consolidated location for their multiple facilities they currently have in the Houston area. When they open next summer they will have over 100 employees and anticipate growing up to 250 employees over the next several years. There will be an opportunity for persons to come and address what they feel are the needs for transportation and mobility in the Pearland area on July 12. This is actually part of a sub -regional plan which the City will look at, primarily the Pearland North Brazoria County area. It is a great opportunity for people to participate in this planning process and encourages anyone who is interested to come by. CITIZENS: None. DOCKETED PUBLIC HEARING: None. 11 Page 2 of 10 — 7/9/2012 CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 23, 2012, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA HARRIS FROM JUNE 25, 2012, CITY COUNCIL REGULAR MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1464 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CLOSING THE PUBLIC HEARING; ORDERING IMPROVEMENTS AND LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF A PORTION OF PUBLIC IMPROVEMENTS IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE; STIPULATING THE RATE OF INTEREST AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY, MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS, PROVIDING FOR THE COLLECTION THEREOF; AND PROVIDING A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT TO SERVE THE COWART'S CREEK REGIONAL DIVERSION FACILITY PUMP STATION. Mr. Darrin Coker, City Attorney. Page 3 of 10 — 7/9/2012 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN ELECTRIC UTILITIES. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. Councilmember Sherman asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through F with the exception of item F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Sherman Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-102. City Manager Bill Eisen reported this item looks considered at a recent meeting. There was an issue materials. Staff had picked up an older version of the still the same. Staff felt it was important to provide Council although the total price remained the same. Page 4 of 10 — 7/9/2012 familiar because it was in some of the supporting unit prices. The total cost is the accurate data to City i 1 Councilmember Owens asked if there was a 3.9% increase requested by the company in 2011. City Manager Bill Eisen reported the company waived the opportunity to increase the price in the current year. He stated the company wanted to make sure they kept the City's business and not consider a bid process. Councilmember Owens asked if this was for 2012 and 2013. City Manager Bill Eisen stated it carries over, it does not exactly coincide with the fiscal year, it would cover part of 2012 and part of 2013. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. IX. NEW BUSINESS COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 1465 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (AREA GENERALLY LOCATED AT THE CORNER OF KINGSLEY . ROAD AND WEST BROADWAY); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. ANNEXATION AREA 3. Ms. Lata Krishnarao, Director of Community Development. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Sherrouse, to approve Ordinance No. 1465 on its First Reading. City Manager Bill Eisen reported this is a request made by the property owner to be annexed into the City. The property being considered is approximately 20.3 acres at the southeast corner of Broadway and Kingsley Drive. This would be the first of two readings that would formalize the annexation. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Page 5 of 10 — 7/9/2012 Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. CUP 2000CUP- 57 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, LOT 2 OF 1011 MAIN ADDITION, A SUBDIVISION OF 10.2734 ACRES SITUATED IN THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 542, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CLERK'S FILE NO. 2012009314 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 1011 N. MAIN, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-03 TO ALLOW THE OPERATION OF AN AUTO REPAIR FACILITY (MAJOR), IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF NARSH, INC, APPLICANT AND OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Director of Community Development. Mayor Pro -Tem Sherrouse made the motion, seconded by Councilmember Sherman to approve Ordinance No. 2000CUP-57 on its First Reading. Mayor Reid read into the record City Staff and Planning and Zoning Commission's recommendation for approval of the Conditional Use Permit Application No. CUP 2012-03. City Manager Bill Eisen reported this is a consideration of an Ordinance that would grant a Conditional Use Permit to property located at 1011 N. Main. The current zoning of the property is the General Commercial district and in order to operate an Auto Repair Facility a Conditional Use Permit is required in the General Commercial zone. Discussion ensued between Councilmember Owens, Mayor Pro -Tem Sherrouse and Lata Krishnarao, Director of Community Development regarding the fencing, parking, landscaping and where the repairs would take place. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-101 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT NINE PROJECT APPLICATIONS TO THE HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE 2013-2016 TRANSPORTATION IMPROVEMENT PLAN, Page 6 of 10 — 7/9/2012 AND ALLOCATING MATCHING FUNDS FOR THE CONSTRUCTION OF EACH PROJECT. Mr. Trent Epperson, Director of Engineering and Capital Projects. Councilmember Ordeneaux made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-101. City Manager Bill Eisen reported for the City to be considered for Federal or State funding is necessary for projects to be included on a Transporation Improvement program. It is an area transportation plan overseen by the Houston - Galveston Area Council of Government. Staff is proposing to submit nine separate projects, seven of them are roadway improvements and two are multipurpose trail type improvements. To briefly describe the projects, they are improving and widening Smith Ranch Road which is also County Road 94 from Hughes Ranch Road or County Road 403 to Broadway, widening of Bailey Road from Veterans to FM 1128, widening Mykawa Road from Beltway 8 to FM 518, widening McHard Road Extension from Cullen to Mykawa, widening County Road 403 from County Road 94 to Cullen, widening County Road 48 also called Kingsley from Beltway 8 to Clear Creek widening Max Road from future McHard Road to Hughes Ranch Road. The two multipurpose trail type improvements are Shadowcreek Ranch Trail that goes from east of Kingsley to Kirby Drive and the Green Tee Terrace Trail which would extend northward from FM 518 along Clear Creek to Barry Rose Road. Mr. Eisen stated that all of these projects will be submitted, but it is not a guarantee that all or any will be funded. For there to be potential to receive 80% funding on these projects they have to go through this process. Discussion ensued between Councilmember Owens and City Manager Bill Eisen regarding Smith Ranch Road, the funding in 2015, and if the County contributed. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARALAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SOUTHGATE AND CYPRESS VILLAGE PARKS PROJECTS. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman to approve Resolution No. R2012-95. Page 7 of 10 — 7/9/2012 City Manager Bill Eisen reported both of these proposed improvements are located on properties provided to the City through the City's Parkland Dedication Ordinance. In each of these cases the land which these improvements will be constructed has been provided by the developers. The improvements will take place in Southgate and Cypress Village Subdivisions. The total cost of the project is $185,998.46. The construction company is AI -Earth. Councilmember Owens stated it concerns him the architect is reluctant to make the recommendation. Assistant Director of Capital Projects Skipper Jones stated the Contractor does not have a tremendous amount of Park building experience. The company will mostly be doing grading, drainage work, sidewalks, granit trails and some irrigation work which they do have experience. The rest of the work is usually handled directly by the contractor or sub -contractor. Habib Tai, Vice President of AI -Earth Construction, stated the company has completed other projects that included a lot of the same work that this project requires. Most of this work for the City will be contracted out. He stated he would be on the job site all the time so he will have control on what is going on. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-98. City Manager Bill Eisen reported Council is being asked to consider awarding the contract for Construction Management and Inspection Services to Klotz and Associates in the amount of $213,734.00. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Page 8 of 10 — 7/9/2012 Motion Passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE: Council adjourned into into Executive session under Texas Government Code at 8:10 p.m. to discuss the following: 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING MATTERS SUBJECT TO THE ATTORNEY- CLIENT PRIVILEGE. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH NATURAL GAS RATES. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: Council returned from Executive Session at 8:58 p.m. COUNCIL ACTION — REGARDING MATTERS SUBJECT TO THE ATTORNEY- CLIENT PRIVILEGE. City Council. No Council action taken. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH NATURAL GAS RATES. City Council. No Council action taken. Page 9 of 10 — 7/9/2012 ADJOURNMENT Meeting was adjourned at: 8:59 P.M. Minutes approved as submitted and/or corrected this the 12th day of November, A.D., 2012. Tom Reid Mayor ATTEST: ixe Y ng L v•. s; V, SecFmary n 0 Page 10 of 10 — 7/9/2012