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2007-05-14 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 14, 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 7:45 p.m. with the following present: Mayor Tom Reid Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Blair Absent: Mayor Pro -Tem Tetens. Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Roland Garcia Interim Fire Marshal; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported April 24, he met with former Texas Water Quality Director Craig Peterson and read to and discussed the city with Headstart children; April 25, attended the Bay Area Transportation Partnership Monthly Luncheon Meeting and met with Medical Center South Main Association on Van Pooling; April 26, attended the ribbon cutting for Pearland Therapeutic, Mortgage Options, and Colonnades Retirement Facility, the Bay Area Transportation Partnership Board of Directors Meeting, and the Diabetes Center Open House; April 27, attended the H -GAC Transportation Policy Council Board of Directors Meeting and presented an award at the Keep Pearland Beautiful Dinner; April 28, introduced Senator John Cornyn and spoke at the banquet for the Hindu Temple; May 1, attended the Bay Area Scout Dinner and the Green Tee Home Owners Association Candidate Night; May 2, met with City Manager Bill Eisen and Executive Director of the Gulf Coast Water Authority Rob Istre on Chocolate Bayou Water; May 3, inspected the Clear Lake "Green" Building, met with Chamber Ambassadors regarding the Bond Election, and presented the Mayor Scholarships to High School Graduates; May 4, spoke at the Pearland Economic Development Page 1 of 9 — 5/14/2007 — 7:00 p.m. Corporation Brokers Day Event; May 7, attended the Agenda Meeting, Council Workshop and Special Meeting; May 9, attended the Ground Breaking for the Pearland Town Center and presented a City Cap to returning servicemen; May 10, attended the Joe's Crab Shack Open House; May 11, attended the monthly Pearland Arts League Meeting. Mayor Reid and Councilmember Beckman presented a proclamation to Jeff Sundseth and Staff proclaiming the week of May 20" — 26th, 2007 as "Emergency Medical Services Week." Mayor Reid and Councilmember Cole presented a proclamation to Fire Marshal Roland Garcia, Police Chief J.C. Doyle, and Director of Fire Services Jack Colbath proclaiming the week of May 20th —26 th , 2007 as "Hurricane Awareness Week." Mayor Reid and Councilmember Kyle presented a proclamation to Assistant City Manager Mike Hodge and Public Works Director Danny Cameron proclaiming the week of May 20th —26 th , 2007 as "Public Works Week." Mayor Reid and City Manager Bill Eisen presented Julie Rodriquez, Senior Humane Officer, Animal Control, with a Certificate of Recognition as the City of Pearland Employee of the Quarter. Executive Director of the Hospice Care Team Wilma Falcon presented Mayor Reid with a Certificate of Appreciation for his support of their program. COUNCIL ACTIVITY REPORTS Councilmember Saboe passed on giving a report. Councilmember Beckman reported she attended the graduation of the 24th Citizen Police Academy Class and encourages everyone to participate in the program. She also attended the Keep Pearland Beautiful Awards Dinner, the Industrial Broker Day, The Groundbreaking of the Pearland Town Center, and the Chamber Business Before Hours at Joe's Crab Shack. Mayor Pro -Tem Tetens was absent. Councilmember Kyle reported she attended the Pearland Fund Run and felt it was very well organized. She also attended the Groundbreaking of the Pearland Town Center and the Pearland Economic Development Corporation Broker Day. Councilmember Cole reported he has attended many events in Pearland during his Election Campaign. He also stated that with Hurricane Awareness Week, he would also like to see the evacuation maps published and distributed some time soon. Page 2 of 9 — 5/14/2007 — 7:00 p.m. CITY MANAGER'S REPORT City Manager Bill Eisen stated he would like to thank Assistant City Manger Mike Hodge, Assistant City Manager Nick Finan, Project Director Trent Epperson and his Staff, Finance Director Claire Manthei and her staff, Executive Secretary Doris Henderson, and Deputy City Secretary Sonia Blair for their help in the May 12, 2007 Election. CITIZENS Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she attended a Workshop on the Unified Development Code and would suggest that the City approved the sections of the document that are not controversial so citizens in the City can move forward with areas that affect them. She stated the Pine Hollow Home Owners Association has also been made aware that their largest detention pond was not planned properly for drainage and is useless to the development. The development would like the City to use excess dirt from City projects to fill in the pond. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: None NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1323 — ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT AND REFUNDING BONDS, SERIES 2007; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS, THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1323 on its first and only reading. Page 3 of 9 — 5/14/2007 — 7:00 p.m. City Manager Bill Eisen stated this item is regarding the issuance of the Permanent Improvement and Refunding Bonds, Series 2007. Ryan O'Hara, RBC Capital Markets, Inc., provided Council with a detailed report regarding the Permanent and Refunding Bonds, Series 2007. Discussion ensued between Council, City Manager Bill Eisen, and Ryan O'Hara regarding the Ordinance. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — REGARDING COUNCIL DIRECTION ON DELIVERY PROCESS FOR PUBLIC SAFETY BUILDING PROJECT. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Councilmember Saboe to provide Council direction on the delivery process for the Public Safety Building Project. Discussion ensued between Council, Mayor Reid, City Manager Bill Eisen regarding the motion. Councilmember Beckman made the motion, seconded by Councilmember Kyle to amend the motion to proceed with Design Build as the delivery process for the Public Safety Building and require the two candidates to submit a Gross Maximum Price proposal. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Mayor Reid called for a vote on the amended motion. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 4 of 9 — 5/14/2007 — 7:00 p.m. COUNCIL ACTION — RESOLUTION NO. R2007-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A REVISED PASS-THROUGH FINANCING APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE EXPANSION OF CULLEN PARKWAY FROM FM 518 TO BELTWAY 8. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-74. City Manager Bill Eisen stated this item is regarding the submission of an application to the Texas Department of Transportation for the expansion of Cullen Parkway from FM 518 to Beltway 8. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE BELTWAY 8/SH 288 EAST UTILITIES PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-72. City Manager Bill Eisen stated this item is a contract for engineering services associated with the Beltway 8 / SH 288 East Utilities Project. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A PERFORMANCE CONTRACT WITH SIEMENS BUILDING TECHNOLOGIES, INC. Mr. Jon Branson, Parks and Recreation Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-70. Page 5 of 9 — 5/14/2007 — 7:00 p.m. City Manager Bill Eisen stated this item is a contract with Siemens Building Technologies, Inc. to perform an audit of the City's energy systems and provide more efficient ways for the City to use and conserve energy. Chad Nobles, Siemens Building Technologies, Inc., provided Council with an overview of the proposed program and details of the contract. Discussion ensued between Council, City Manager Bill Eisen, Parks and Recreation Director Jon Branson, and Chad Nobles, Siemens Building Technologies, Inc., regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-79 — 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 Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-79. City Manager Bill Eisen stated this item is the approval of recommendations of the Property Tax Resale Committee of Brazoria County. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5 ASSOCIATED WITH THE BAILEY ROAD EXTENSION. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-82. City Manager Bill Eisen stated this item is a change order associated with the Bailey Road Extension. Page 6 of 9 — 5/14/2007 — 7:00 p.m. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PIPE AND FITTINGS ASSOCIATED WITH THE CR 403 WATERLINE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-76. City Manager Bill Eisen stated this item is the award of a bid for pipe and fittings associated with the CR 403 waterline project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH SHADOW CREEK RETAIL, LP AND THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-83. City Manager Bill Eisen stated this item is an amendment to the development agreement with Trans Western or the Shadow Creek Retail, LP and the Pearland Economic Development Corporation. Executive Director of Economic Development Corporation Fred Welch provided Council with a detailed explanation of the amendment to the existing development agreement. Discussion ensued between Council, City Manager Bill Eisen, and Executive Director of Economic Development Corporation Fred Welch regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Page 7 of 9 — 5/14/2007 — 7:00 p.m. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A HOTEL OCCUPANCY TAX REIMBURSEMENT AGREEMENT. Mr. Fred Welch, Director of Economic Development Corporation. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-81. Discussion ensued between Council, City Manager Bill Eisen, and Executive Director of Economic Development Corporation Fred Welch regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, EXPRESSING OPPOSITION TO SB 1638 AND ENCOURAGING THE 80TH TEXAS LEGISLATURE TO OPPOSE THE PROPOSED LEGISLATION. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-84. City Manager Bill Eisen stated this item was to express the City's opposition to the Senate Bill 1638 and to encourage the 80th Legislature to oppose the proposed legislation. Discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 8 of 9 — 5/14/2007 — 7:00 p.m. ADJOURNMENT Meeting was adjourned at 11:10 p.m. Minutes approved as submitted and/or corrected this the 11th day of June, A.D., 2007. Tom Reid Mayor ATTEST: Page 9 of 9 — 5/14/2007 — 7:00 p.m.