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2018-10-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 2018 AT 6:30 PM, IN THE COUNCIL CHAMBER PEARLAND CITY HALL 3519 LIBERTY DRIVE. Mayor Reid called the meeting to order at 6:33 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Trent Perez Councilmember Tony Carbone Councilmember Gary Moore Councilmember Adrian Hernandez Councilmember J. David Little Councilmember Woody Owens Deputy City Manager Trent Epperson City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Derrick Reed Others in attendance: Daniel Baum Assistant Fire Chief, Jon Branson Deputy City Manager, Matt Buchanan President of EDC, John McDonald Director of Community Development, John McCarter Budget and Procurement Manager, Cynthia Pearson Director of Finance, Kim Sinistore Executive Director CVB, Robert Upton Director of Engineering, Joel hardy Grants -Special Projects Administrator, Skipper Jones Assistant Director of Capital Projects, Joshua Lee Director of Communications, Daniel McGhinnis Chief Information Officer and Lawrence Provins Deputy City Attorney. The invocation was given by Councilmember Hernandez and the Pledge of Allegiance was led by Mayor Pro -Tem Perez. ROLL CALL: Mayor Reid, Mayor Pro -Tem Perez, Councilmembers Carbone, Moore, Hernandez, Little, and Owens. CITIZEN COMMENTS: William Moody, 2517 South San Antonio, addressed Council and stated he has citations from Code Enforcement and expressed his issues contacting Code Enforcement Officers. PUBLIC HEARING: NONE CONSENT AGENDA: A. Approval of minutes of August 27, 2018, Regular Meeting held at 6:30 p.m. Approval of minutes of September 10, 2018, Public Hearing held at 6:30 p.m. Approval of minutes of September 10, 2018, Joint Public Hearing held at 6:30 p.m. Approval of minutes of September 10, 2018, Joint Special Meeting held at 6:30 p.m. Approval of minutes of September 17, 2018, Regular Meeting held at 6:30 p.m. Page 1 of 11 B. Consideration and Possible Action - Resolution No. R2018-175 - A Resolution of the City Council of the City Of Pearland, Texas, authorizing the City Manager to execute a Commercial Electricity Service Agreement with a retail electric provider as determined to be the best offer in the City's electricity market pricing solicitation. C. Consideration and Possible Action - Resolution No. R2018-48 - A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to serve the Fire Station No. 1 Project (Old Alvin Road at McHard Road). D. Consideration and Possible Action - The reappointment of Tammy McLain to Position No. 3 with the term expiring November 1, 2021; appoint Susan Garlington to Position No. 6 with a term expiring November 1, 2021 and appoint Dena Hanks to Position No. 7 with a term expiring November 1, 2021 to serve on the Library Board. E. Consideration and Possible Action - Ratify the City Manager's reappointment of James Gilbert to Position No. 3 to serve on the Civil Service Commission for a 3 -year term expiring November 1, 2021. F. Consideration and Possible Action - The reappointment of Ron Bavarian to Position No. 1 with the term expiring November 1, 2020 and reappointment of Robert Kettle to Position No. 3 with the term expiring November 1, 2020 to serve on the Electrical Board. G. Consideration and Possible Action - The reappointment of Shari Coleman to Position No. 3, with the term expiring November 1, 2021, and reappointment of Cynthia Rothermel to Position No. 4 with the term expiring November 1, 2021 to serve on the Animal Shelter Advisory Committee. H. Consideration and Possible Action - The reappointment of Herbert Fain, Jr. to Position No. 3 with the term expiring November 1, 2020, reappointment of Gary Cook to Position No. 4 with the term expiring November 1, 2020 and the reappointment of Kenneth R. Phillips to Position No. 5 with the term expiring November 1, 2020 to serve on the Tax Increment Reinvestment Zone No. 2. I. Consideration and Possible Action - The reappointment of Ronald J. Wicker to Position No. 3 with the term expiring November 1, 2021 and the reappointment of Layni Cade to Position No. 5 with the term expiring November 1, 2021 to serve on the Planning and Zoning Commission. J. Consideration and Possible Action - The reappointment of Gary Shepard to Position No. 3 with the term expiring November 1, 2021, and reappointment of Teir Allender to Position No. 4 with the term expiring November 1, 2021 to serve on the Convention and Visitor's Bureau Advisory Board. K. Consideration and Possible Action - The reappointment of Brandon Dansby to Position No. 2 with the term expiring November 1, 2020, the reappointment of Mona Chavarria to Position No. 4 with a term expiring November 1, 2020 and the Page 2 of 11 appointment of John Lyle to Position 6 with a term expiring November 1, 2020 to serve on the Pearland Economic Development Corporation Board of Directors. L. Consideration and Possible Action - The reappointment of Ed Baker to Position No. 4 with the term expiring September 30, 2020 to serve on the Development Authority of Pearland Board. M. Consideration and Possible Action - Resolution No. R2018-209 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Bill of Sale and Assignment for the City's sale and transfer of its Fire Station Alerting System assets to Cypress Creek Emergency Medical Services ("CCEMS"), and authorizing an Amended Subscriber Agreement with CCEMS. N. Consideration and Possible Action - The reappointment of Teresa Del Valle to Position No. 1 with the term expiring November 1, 2020; reappointment of Donald Glenn to Position No. 3 with the term expiring November 1, 2020 and the reappointment of Christopher Tristan to Position No. A3 with the term expiring November 1, 2020 to serve on the Zoning Board of Adjustments. O. Consideration and Possible Action - The reappointment of Samuel Abdelmessih to Position No. 7 with the term expiring November 1, 2021; the appointment of Kenneth Rice to Position No. 2 with a term expiring November 1, 2021 and appoint Katie Chennisi to Position No. 4 to an unexpired term expiring November 1, 2019 to serve on the Parks, Recreation and Beautification Board. P. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-175 - 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 amending the text within an approved planned development located on certain property, Lot 3 in Block 1 being 7.443 acres of a subdivision of 11.759 acres located in the H.T. B. R.R. Co. Survey, Abstract No. 546 in the City of Pearland, Brazoria County, Texas. (South and east of property addressed 7110 Magnolia Road, Pearland TX.) Zone Change Application No. ZONE 18-00013, a request of Alan Mueller, applicant on behalf of Marilyn Bullard, owner; approval of amendments to the text within the Midtown at Magnolia Planned Development regarding development of the townhouse tract; on approximately 7.443 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Q. Consideration and Possible Action - Resolution No. R2018-202 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost bid with Lone Star Pavement Services, LLC., for road striping services, in an amount not to exceed of $250,000.00, for the period of November 1, 2018 through October 31, 2019. R. Consideration and Possible Action - Resolution No. R2018 - 213 - A Resolution of the City Council of the City of Pearland supporting the City of Friendswood's submission of the Friendswood Lakes Boulevard Extension Project in Friendswood, Texas, from FM 528 to CR 129 (FM 2351), to the Houston - Page 3 of 11 Galveston Area Council for inclusion in its 2019-2022 Transportation Improvement Plan. S. Consideration and Possible Action - Resolution No. R2018-164 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with InfraTech Engineers & Innovators, LLC, for design services, associated with the Dixie Farm Road Intersection Improvements (Dixie Farm Road at Broadway), in an amount not to exceed $209,536.00. Mayor Pro -Tem Perez asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Carbone made the motion, seconded by Councilmember Moore to adopt Consent Agenda Items A through S with the exception of Item B as presented on the Consent Agenda. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little and Moore. Voting "No" None. Motion passed 5 to 0, with Councilmember Reed and Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Mayor Pro -Tem Perez Item B was removed for further discussion. B. Consideration and Possible Action - Resolution No. R2018-175 - A Resolution of the City Council of the City Of Pearland, Texas, authorizing the City Manager to execute a Commercial Electricity Service Agreement with a retail electric provider as determined to be the best offer in the City's electricity market pricing solicitation. Councilmember Owens arrived to Chambers at 6:45 p.m. Councilmember Carbone made the motion, seconded by Councilmember Moore to approve Resolution No. R2018-175. City Manager Clay Pearson stated this is for a Commercial Electricity Service Agreement with a retail electric provider as determined to be the best offer in the City's electricity market pricing solicitation. Deputy City Manager Jon Branson stated the City's current Electricity Service Agreement expires in the year 2024 and staff is proposing to extend that contract additional time and convert to renewable solar energy. He further stated the current rates and positive recommendation to lock in rates now. Councilmember Carbone asked Bob Wooten Tradition Energy Representative to update Council on the status of the other entities joining the energy coalition. Bob Wooten Tradition Energy Representative addressed Council and stated initially there were eight groups involved in the coalition, Wharton Independent School District has since dropped out. He further stated most of the other entities are wanting to hold off until next year, but Traditions Energy has continued to move forward. Page 4 of 11 Discussion ensued between Councilmember Moore and Bob Wooten Tradition Energy Representative regarding how rates are calculated and whether they are based on group participation. Mayor Pro -Tem Perez asked staff what the advantage is to getting into a Service Agreement when the current Agreement does not expire until the year 2024, why is it necessary right now. Deputy City Manager Jon Branson stated this is not a necessity and there was an opportunity for the City to save money and there is no requirement to lock rates at this time. Mayor Pro -Tem Perez stated there is merit to the decision to lock in rates but it is limiting the ability of future Councilmembers to make changes they may feel necessary and it is impossible to determine rates so far in advance. Councilmember Little stated it is a good idea for the City to lock in these rates due to history shows energy prices will rise in the future. Councilmember Carbone stated he agrees it will be hard to determine future rates but Council can go ahead and set the proposed rate as a base and not have to take the chance of losing money in the future, in addition Council can make a right decision now and help future Councilmembers. Councilmember Moore stated he supports the proposal and although the contract length is not desirable it is the right thing to do. Discussion ensued between Councilmember Hernandez and Bob Wooten Tradition Energy Representative regarding the ways the City could save on renewal energy that has historically been higher to provide. Councilmember Owens stated when he spoke to TXU Energy about solar energy he was advised by the representative that solar prices were going to continue to increase. He further stated that due to his past dealing with solar energy, he supports locking in rates now. Discussion ensued between Mayor Pro -Tem Perez and Bob Wooten Tradition Energy Representative regarding any risks the City would take if this is approved and the other entities do not participate. Councilmember Carbone asked Bob Wooten Tradition Energy Representative how long the other entities have to approve or disapprove if Council approves this request. Bob Wooten Tradition Energy Representative stated the other entities should have a decision by the end of November and the participants will be clearer at that point. Voting "Aye" Councilmembers Carbone, Little, Moore and Owens. Voting "No" Councilmember Hernandez and Mayor Pro -Tem Perez. Motion passed 4 to 2, with Councilmember Reed absent. NEW BUSINESS: Council Action - Resolution No. R2018-214 - A Resolution of the City Council of the City of Pearland, Texas approving the issuance of Development Authority of Pearland Tax Increment Contract Revenue Bonds, Series 2018; approving a bond resolution, private placement letter, and Page 5 of 11 other documents relating to the bonds; making certain findings and containing other provisions related thereto. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to approve Resolution No. R2018-214. City Manager Clay Pearson stated this is to approve the issuance of Development Authority of Pearland Tax Increment Contract Revenue Bonds. Financial Advisor John Robuck made a presentation on The Overview and Schedule of Events for the Tax Increment Contract Revenue Bonds. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 6 to 0, with Councilmember Reed absent. Council Action - Resolution No. R2018-203 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with PGAL, LLC, in the amount of $1,344,470.00, for engineering services associated with the Shadow Creek Library Project. Councilmember Hernandez made the motion, seconded by Councilmember Moore to approve Resolution No. R2018-203. City Manager Clay Pearson stated the City has been looking forward to providing a standalone library for residents and this is part of the Capital Improvement Project, presented for Council is the Engineering portion of that project. Councilmember Carbone stated in terms of the design, can the City look at a way to have more community space in the library. City Manager Clay Pearson stated the Engineering group will do focus groups, in addition to speaking to staff and Board Members to create the desired space. Councilmember Carbone stated the City will be pursuing a Construction Manager for this project and asked if going forward local business can be supported for trade work. City Manager Clay Pearson stated that should not be affected and should make it easier for local business to get subcontracts. Mayor Pro -Tem Perez stated the fee for this project is on the higher end and the expectation would be of a high level performance from the contractor. He further stated he supports Councilmember Carbone in that there needs to be community space and local contractors be sought out for this project. Mayor Reid stated Pearland is a Library using community and growth in that area needs to be taken into account through the project. Councilmember Moore stated he is glad to see this project get off the ground and serve the community. Discussion ensued between Councilmember Owens and Director of Engineering Robert Upton regarding the construction model, design build and Construction Manager at Risk role. Page 6 of 11 Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little, Moore and Owens Voting "No" None. Motion passed 6 to 0, with Councilmember Reed absent. Second and Final Reading of Ordinance No. 2000M-177 - 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 property, Tract 1: 19.1487 acre— Lots 31, 31A, and 31A1, H.T. & B. R.R. Co. Survey, Abstract 234, Brazoria County, Texas according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Tract 2: 4.6786 acre — Part of Tract 32, H.T. & B. R.R. Co. Survey, Abstract 542, Brazoria County, Texas according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. (On the west side of Old Alvin Road generally across from The Lakes at Highland Glen Section 8, Pearland TX) Zone Change Application No. ZONE 18-00016, a request of Alan Mueller, applicant on behalf of Mary A. Bartlett, owner; approval of a change in zoning district from General Commercial (GC) zoning district to Single -Family Residential -1 (R-1) zoning district; on approximately 23.8267 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Little made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-177 on its Second and Final Reading. City Manager Clay Pearson stated this is for a rezoning request from General Commercial (GC) zoning district to Single -Family Residential -1 (R-1) zoning district. Discussion ensued between Councilmember Moore and Developer Robert Mueller regarding the City Municipal Utility District and the existing water and sewer lines. City Manager Clay Pearson stated at this time the Municipal Utility District does not apply to this request, it is for rezoning only. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 6 to 0, with Councilmember Reed absent. First Reading of Ordinance No. 2000M-178 - 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 amending the text within an approved planned development located on certain property, Lot A in Block 1 being 21.4007 acres of a subdivision of 30.6687 acres / 1,335,927 square feet situated in the W.T. Dobson Survey, Abstract No. 187, City of Pearland, Brazoria County, Texas. (Northeast corner of Cullen Parkway and McHard Road, Pearland TX.) Zone Change Application No. ZONE 18-00017, a request of Lake Park Pearland Ltd. Represented by James Johnson, applicant and owner; approval of amendments to the text within the Lake Park Planned Development regarding sign regulations; on approximately 21.4007 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Page 7 of 11 Councilmember Moore made the motion, seconded by Councilmember Little to adopt Ordinance No. 2000M-178. City Manager Clay Pearson stated this request is from the Developer for a sign regulation change, asking for a smaller sign. Discussion ensued between Mayor Pro -Tem Perez and City Attorney Darrin Coker regarding the request being only for a sign change with no change to any of the other approved amenities. Councilmember Carbone stated Planning and Zoning voted on this with one vote in favor of the signage change and five votes in opposition and asked staff to explain why this vote was not unanimous. Senior Planner Martin Griggs stated Planning and Zoning was not impressed with the current existing development and plans. Councilmember Carbone stated this request has been tabled prior at the applicants request so he could be present and then did not show up tonight. He further stated he would like to hear Planning and Zoning's issues with the sign. Councilmember Owens stated this issue needs to be tabled so the developer can show up. Mayor Pro -Tem Perez stated this proposal needs to be tabled and allow the developer to include this issue in other request going forward. Councilmember Hernandez made the motion, seconded by Councilmember Moore to postpone Ordinance 2000M-178 to the next regular Meeting. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Moore and Owens. Voting "No" Councilmember Little and Councilmember Moore. Motion passed 4 to 2 to postpone item to next Regular Meeting, with Councilmember Reed absent. Second and Final Reading of Ordinance No. 2000M-176 - 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 property, Tract 1: 10.0 acres, Tract 61, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Tract 2: 10.0 acres, Tract 62, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Tract 3: 5.0 acres, south 1/2 of Tract 60, Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. Being 10.0032 acres of land, more or less, being Lot 24 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract Number 70, Brazoria County Texas. Tract 4: 5.0 acres, north 1/2 of Tract 60 (Lot 60A), Section 9, HT&BRR Company Survey, Abstract 234, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. (North of the intersection of Roy Road and Broadway Street, on the west side of Roy Road, immediately north of 2614 Roy Road, Pearland TX.) Zone Change Application No. ZONE 18-00015, a request of Alan Mueller, applicant, on behalf of Louis Page 8 of 11 E Lentz III, Mary Beth Porter, Barbara Brogen, Billy Long, and Brian Long, Frances P. Adams Family Int. Partnership, LTD., owners; approval of a change in the zoning classification from the General Commercial (GC) and Office & Professional (OP) zoning districts to Single -Family Residential -1 (R-1) zoning district; on approximately 30.0 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Councilmember Moore to adopt Ordinance No. 2000M-176 on its Second and Final Reading. City Manager Clay Pearson stated this is a change in the zoning classification from the General Commercial (GC) and Office & Professional (OP) zoning districts to Single -Family Residential -1 (R-1) zoning district and has a negative recommendation from Planning and Zoning. Allen Mueller, 1408 Bentlake, addressed Council and stated his support of the proposed zone change. Larry Morgan, 2430 Roy Road, addressed Council and stated he is the owner and supports the zoning change so that he is able to sell the land to interested buyers. Faye Ausmus, 13185 Bluffview Drive, addressed Council and stated she is the Realtor for this property and all of the interest has been for Residential use. Louis Lentz, 5119 Briarbend, addressed Council and stated there have been issues with the sale of this property based on the existing zoning. Marybeth Porter, 815 Wood Bridge Circle, addressed Council stating there is interest in the property but the zoning needs to change for those sales to go through. Discussion ensued between Mayor Pro -Tem Perez and Developer Robert Mueller regarding the proposed use of the land if the zoning change is made. Councilmember Owens stated the land has been sitting dormant for too long and the zoning change needs to be made to enable the sale of land to be done. Councilmember Hernandez stated while zoning has its place, it would not be beneficial to disallow rezoning of this piece of property. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 6 to 0, with Councilmember Reed absent. Council Action - Resolution No. R2018-212 - A Resolution of the City Council of the City of Pearland, Texas, awarding a Construction Manager at Risk contract for the Fire Station No.8 Project to Durotech, in the amount of $10,000.00 for pre -construction services, $427,914.00 for General Conditions, and authorizing payment of 2.85% for profit and overhead based on the Guaranteed Maximum Price which shall be subject to future City Council approval. Councilmember Carbone made the motion, seconded by Councilmember Moore to approve Resolution No. R2018-212. Page 9 of 11 City Manager Clay Pearson stated this is to award a Construction Manager at Risk contract for the Fire Station No.8 Project to Durotech. Discussion ensued between Councilmember Moore and Director of Engineering regarding the role of Durotech as Construction Manager at Risk and the monitoring of the project by the City. Mayor Pro -Tem stated the Architect on this project is a client of his personal business but since the contract is with Durotech he will be voting on the Resolution. Voting "Aye" Councilmembers Carbone, Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 6 to 0, with Councilmember Reed absent. Council Action - Resolution No. R2018-198 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Springfield Lift Station Project to Reddico Construction Company, Inc., in the amount of $345,170.00. Mayor Pro -Tem Perez made the motion, seconded by Councilmember Moore to approve Resolution No. R2018-198. City Manager Clay Pearson stated this will reward a construction services contract for the Springfield Lift Station Project to Reddico Construction Company, Inc. to build. Voting "Aye" Councilmembers Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 5 to 0, with Councilmember Reed absent and Councilmember Carbone absent from the Chambers. Council Action - Resolution No. R2018-192 - A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax-exempt obligations. Councilmember Hernandez made the motion, seconded by Councilmember Little to approve Resolution No. R2018-192. City Manager Clay Pearson stated this will allow the City to reimburse ourselves when the debt financing is issued. Voting "Aye" Councilmembers Perez, Hernandez, Little, Moore and Owens. Voting "No" None. Motion passed 5 to 0, with Councilmember Reed absent and Councilmember Carbone absent from the Chambers. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: Councilmember Moore stated he would like to discuss the height for building ground up above the flood plain for developments, citing a development located at McLean Road and Magnolia Street. He further stated the development is being built extremely higher than the ground around it. Page 10 of 11 OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:10 p.m. Minutes approved as submitted and/or corrected this the day of 2018. ATTEST: Young Lorfing, TRMC City Secretary Tom Reid Mayor Page 11 of 11