2007-09-17 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 17, 2007, AT 6:00 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 12:05 a.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Steve Saboe
Councilmember
Woody Owens
Councilmember
Helen Beckman
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Kyle.
Others in attendance: Jack Colbath Director of Fire Services; Trent Epperson Project
Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire
Manthei Finance Director.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 1328 — AN ORDINANCE
LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2007 AND DECLARING
AN EMERGENCY. Mr. Bill Eisen, City Manager.
FIRST AND ONLY READING ORDINANCE NO. 870-5 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES
FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-35 AND SECTION 30-38 OF THE CODE OF
ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE
SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING AN
EMERGENCY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, EMERGENCY, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 1328 on its first and only reading, that property taxes be
increased by the adoption of tax rate of $0.6526/$100, and to approve Ordinance No.
870-5 on its first and only reading.
Page 1 of 4 — 9/17/2007
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — REGARDING THE REAPPOINTMENT OF TOM POOL TO
DIRECTOR POSITION ONE, HENRY STANANLAND TO DIRECTOR POSITION
THREE, AND MAYOR TOM REID TO DIRECTOR POSITION FIVE / CHAIR FOR A 2 -
YEAR TERM EXPIRING SEPTEMBER 30, 2009 TO SERVE ON THE BOARD OF THE
DEVELOPMENT AUTHORITY OF PEARLAND. Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
reappointment of Tom Pool to Director Position One, Henry Stananland to Director
Position Three, and Mayor Tom Reid to Director Position Five / Chair for a 2 -year term
expiring September 30, 2009 to serve on the Board of the Development Authority of
Pearland
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. 2007-144 — A RESOLUTION OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT
AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2007; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST,
PURCHASE CONTRACT AND OTHER DOCUMENTS RELATING TO THE BONDS;
MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED
THERETO. Mr. Bill Eisen, City Manager.
No action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2007-143 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AMENDMENT NO. 1 TO
AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND, TEXAS,
REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS, AND THE
DEVELOPMENT AUTHORITY OF PEARLAND. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2007-143.
Page 2 of 4 — 9/17/2007
City Manager Bill Eisen stated the current Tri -Party Agreement establishes the flow of
Tax Increment Reinvestment Zone (TIRZ) funds from the City's Tax Increment Fund to
the Development Authority of Pearland for use in paying debt service on the bonds and
reimbursing the Developer. The original agreement obligated the City to pay tax
increment to the Authority until the payment of all bonds or the termination of the TIRZ
which ever occurs first. The TIRZ terminates on December 31, 2028, unless terminated
earlier by the City. The Authority wants to issue bonds with a final maturity of 2029
since tax increment revenues from 2028 will be deposited in 2029. Having a 2029
maturity increases the amount of bonds that can be sold, which in turn accelerates
reimbursement to the developer and shortens the eventual life of the TIRZ.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 12:12 a.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. Mayor Tom Reid.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 1:00 a.m.
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. City Council.
Page 3 of 4 - 9/17/2007
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. City Council.
Councilmember Cole made the motion, seconded by Mayor Pro-Tem Saboe, to
authorize Staff to proceed with negotiations in the Strategic Partnership Agreement with
Brazoria County Municipal Districts No. 1, 3, and 6.
Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
ADJOURNMENT
Meeting was adjourned at 1:00 a.m.
Minutes approved as submitted and/or corrected this the 8th day of October, A.D., 2007.
Tom Reid
Mayor
Page 4 of 4 — 9/17/2007