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2013-11-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 25, 2013, 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 Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Deputy City Secretary Absent: Mayor Pro -Tem Greg Hill. Tom Reid Tony Carbone Scott Sherman Keith Ordeneaux Susan Sherrouse Bill Eisen Darrin Coker Maria Rodriguez Others in attendance: Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Andrea Broughton Deputy Director/City Engineer; Eric Wilson Public Works Director; Andrea Brinkley Project Manager; Sparkle Anderson Public Affairs Manager; Skipper Jones Assistant Director of Capital Projects; Bob Pearce Purchasing Officer. The invocation was given by Mayor Reid and the Pledge of Allegiance to the American and Texas Flags was led by Darrin Coker City Attorney. RECOGNITIONS AND AWARDS: None. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 4, 2013, Special Meeting, held at 7:30 p.m. 2. Minutes of the October 28, 2013, Regular Meeting, held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. CUP2013-08 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LEGALLY DESCRIBED AS RESERVE "A," BEING 1.01 ACRES OF THE FINAL PLAT OF SUNRISE LAKE VILLAGE; A 8.42 ACRE TRACT, SITUATED IN THE JOHN W. Page 1 of 8 — 11/25/2013 MAXEY SURVEY, ABSTRACT 721, AND BEING PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS (LOCATED AT 2752 SUNRISE BLVD., PEARLAND, TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-08 TO ALLOW AN EMERGENCY CARE CLINIC WITHIN THE GENERAL BUSINESS RETAIL DISTRICT (GB) AT THE REQUEST OF GREG MCGAHEY, APPLICANT FOR REBOUND PROPERTIES, LIMITED, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-196 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR HOT ASPHALT MIX. Mr. Bill Eisen, City Manager. Councilmember Carbone, made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through C as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2013-198 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTION OF WOODY OWENS. Mayor and Council. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-198. Mayor Reid presented Past Councilmember Woody Owens with Resolution No. R2013- 198 recognizing his services and contributions to the City of Pearland. Past Councilmember Woody Owens stated he served with a lot of good people from 2000 to 2013. Mayor Reid has given the City several years of good leadership. He further stated over the years it was very enjoyable to work with a good team. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. Page 2 of 8 — 11/25/2013 COUNCIL ACTION — RESOLUTION NO. R2013-186 — 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 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2013-186. City Manager Bill Eisen reported the City owns over 63 acres in the Shadow Creek Ranch development for the purposes of Park development. The City was approached by Municipal Utility District No. 26 with a request to lease a portion of the field space, not currently planned for development, so they could make improvements and provide addition field space to meet the growing need. The agreement would be for one year beginning in December 2013 and ending December 2014. Councilmember Sherman asked if someone from Municipal Utility District No. 26 was present. Fred Weiry, Director of Municipal Utility District No. 26 Board stated the Board has been trying to think of proactive ways to assist the City. He further stated there are several different organizations in Shadow Creek Ranch and they would like to have field space that could serve all the organizations. Discussion ensued between Council and Fred Weiry regarding the dollar amount for leasing the field space. City Attorney Darrin Coker stated this agreement that Council is considering has nothing to do with the water and sewer drainage component. He stated he understands that MUD No. 26 will be using cash on hand; there will not be a lease payment. The cost incurred by MUD No. 26 will be things such as raking, seeding, or mowing to prepare the fields for use. Councilmember Sherman stated his concerns about the budget if a Resolution was passed by Municipal Utility District No. 26 and the exact dollar amount this project will cost. City Attorney Darrin Coker stated the Municipal Utility District No. 26 did pass a Resolution/Minute Order to approve this Agreement. There was not a budget attached to the Resolution of the cost to improve the property. It was represented that it would not exceed any cash amounts they have on hand. Fred Weiry stated he would need to look at the budget, but he believes there is $200,000 on hand. He further stated the Board is looking at the funds on hand for this project so it will not cost Municipal Utility District No. 26 or the tax payers anymore than what they are already paying. Page 3 of 8 — 11/25/2013 Councilmember Carbone stated it sounds like a good deal for the City and Municipal Utility District No. 26. City Attorney Darrin Coker stated when Staff met with the representatives of Municipal Utility District No. 26 they did not have a budget for this project. He stated MUD No. 26 is anticipating having between $200,000 and $300,000 cash on hand for this project. Fred Weiry stated at this time Municipal Utility District No. 26 does not have an official budget. He further stated the District wanted to make sure the City of Pearland was in agreement before they hired anyone to prepare the field space. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, and Carbone. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-197 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COST SHARING AGREEMENT WITH THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ASSOCIATED WITH THE MAX ROAD SPORTS COMPLEX. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-197. City Manager Bill Eisen stated this item, new business number three and the next two items, new business number four and five are related. He will report on all three items. He stated Council is being asked to approve the Cost Sharing Agreement with the Pearland Economic Development for the Max Road Sports Complex. To award the contract for construction to Construction Masters, Inc. in the amount of $2,967,075.97 and authorize the purchase of the sports field lighting from Musco Sports Lighting, LLC in the amount of $260,000 through the Texas Association of School Boards Buy Board cooperative purchasing program. Discussion ensued between Council and City Manager Bill Eisen regarding the six fields and detention area. Councilmember Sherman asked what the results would be if Council did not approve the $700,000. City Manager Bill Eisen stated you would have to issue debt for the balance or pull some of the components from the project. Councilmember Sherman requested additional information on how this is appropriated expenditure of Pearland Economic Development Corporation funds. Page 4 of 8 — 11/25/2013 City Manager Bill Eisen stated Section 505.152 of the Texas Local Government Code authorizes the expenditure of Pearland Economic Development Corporation funds for projects related to Recreational or Community Facilities which includes public parks and a portion of the construction. He further stated completing the complex is consistent with the Pearland 20/20 Strategic Plan that states "Make Pearland a more competitive recreation and cultural destination for residents and visitors." Councilmember Sherman stated he has heard from several people that this may not be an appropriate expenditure of funds. Councilmember Carbone stated he is concerned this is setting a precedence. He stated he knows legally the City can spend Pearland Economic Development Corporation funds on parks. In his mind he thinks of Economic Development bringing in a larger tax base that would take some of the burden off of the residents. Mayor Reid stated when potential businesses are looking to move into Pearland they look at the amenities in the community. The Max Road Sports Complex is keeping with the City's Strategic Plan and encouraging people and businesses to come into the City. Voting "Aye" Councilmembers Ordeneaux, Sherrouse, and Mayor Reid. Voting "No" Carbone, Sherman. Motion Passed 3 to 2, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-192 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAX ROAD SPORTS COMPLEX. Mr. Bill Eisen, City Manager. Councilmember Carbone made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2013-192. City Manager Bill Eisen reported Council is being asked to award the contract for construction to Construction Masters, Inc. in the amount of $2,967,075.97. He stated at the same time authorize the reduction change order in the amount of $457,000. Discussion ensued between Council and Director of Engineering and Capital Projects Trent Epperson regarding other projects in the near future. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. Page 5 of 8 — 11/25/2013 COUNCIL ACTION — RESOLUTION NO. R2013-193 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FIELD LIGHTING FOR THE MAX ROAD SPORTS COMPLEX. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-193. City Manager Bill Eisen reported Council is being asked to authorize the purchase of the sports field lighting from Musco Sports Lighting, LLC in the amount of $260,000 through the Texas Association of School Boards Buy Board cooperative purchasing program. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH FIRE & EMS STATION NO. 2. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-195. City Manager Bill Eisen reported Council is being asked to enter into a professional service agreement with Brown Reynolds Watford Architects, Inc. in the amount of $211,465 for architectural services and allowances for this project. Discussion ensued between Council and the Director of Engineering and Capital Projects Trent Epperson regarding the removal of the Leadership in Energy and Environmental Design (LEED) certification requirement. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-194 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE FAR NORTHWEST WASTEWATER TREATMENT PLANT EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2013-194. Page 6 of 8 — 11/25/2013 City Manager Bill Eisen reported Council is being asked to award a contract for Preliminary Design Engineering Services to DCM Smith for the Far Northwest Wastewater Treatment Plant expansion in the amount of $414,000. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. 2013-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY, BEING 1.536 ACRES OUT OF LOT 2, GEORGE W. JENKINS SUBDIVISION OF THE W.D.C. HALL LEAGUE, VOLUME 79, PAGE 616 OF THE W.D.C. HALL SURVEY, ABSTRACT 70, PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF ROAD DRAINAGE AND UTILITY 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 Carbone made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-191. City Attorney Darrin Coker reported this is the last piece of property left to acquire to move forward on the Pearland Parkway extension. Councilmember Sherrouse stated she would like to make clear this piece of property is not a home or occupied property. It is a small 1.5 acre tract that is important to the City to move forward for a public road. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, Sherman, and Carbone. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. COUNCIL ACTION — RESOLUTION NO. R2013-199 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Carbone, to approve Resolution No. R2013-199. Page 7 of 8 — 11/25/2013 City Manager Bill Eisen reported Council is being asked to approve the offer on property 2751-0017-000, 1144 Glenda, Block 1, Lot 12. Voting "Aye" Councilmembers Carbone, Sherman, Ordeneaux, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Hill absent. OTHER BUSINESS: Passed to a future Agenda. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: No Action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. e e1i17.11Vi1_2►1� Meeting was adjourned at 8:49 p.m. Minutes approved as submitted and/or corrected this the 16th day of December, A.D. 2013. ATTEST: ng Lo SecVary 1-7� 4-a"p Tom Reid Mayor Page 8 of 8 — 11/25/2013