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2007-12-17 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 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 6:25 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Steve Saboe Councilmember Woody Owens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bili Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Manthei Finance Director. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1334 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2008; 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 CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. FIRST AND ONLY READING OF ORDINANCE NO. 1333 — AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BONDS, SERIES 2008; 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; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS Page 1 of 9 — 12/17/2007 THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1334 and Ordinance No. 1333 on their first and only readings. City Manager Bill Eisen stated the Certificate of Obligation sale is for improvements to the middle section of Broadway west of SH 288. In approximately 5 years, Tax Reinvestment Zone No. 2 will reimburse the City for the cost. The sale of the General Obligation Bonds is for items approved by voters in the 2007 Bond Election. Ryan O'Hara, RBC Capital Markets, stated both of these issues were offered up to the market electronically. The market has been extremely volatile but overall interest rates have remained good. Mr. O'Hara provided Council with a financial overview of the Certificate of Obligation and General Obligation Bond sale. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor called a recess at 6:30 to conduct a Public Hearing. Mayor Pro -Tem Saboe left the Chambers at 6:46 p.m. Mayor Reid called the meeting back to order at 6:47 p.m. COUNCIL ACTION — RESOLUTION NO. R2007-201 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH URBAN SOLUTIONS ASSOCIATES, LLC. Mr. Jon Branson, Parks and Recreation Director. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-201. City Manager Bill Eisen stated this item is not a type of contract the City has entered into in the past. The company came to the attention of the City as a result of Councilmember Cole providing information on them. This item would give the City the ability to have fundraising services performed. Parks and Recreation Director Jon Branson stated he has completed research on the company and contacted numerous references all of which provided positive feedback. The project being funded would be the Shadow Creek Ranch Sports Complex. Page 2 of 9 — 12/17/2007 J.D. Daniels, Urban Solutions Associates, LLP, addressed Council and stated his firm has the experience to provide the City of Pearland with a great service. They have created many partnerships to create state of the art sports facilities. These facilities have a positive impact on youth and the entire City. Discussion ensued between Council, City Attorney Darrin Coker, and J.D. Daniels, Urban Solutions Associates, LLP regarding the agreement. Voting "Aye" Councilmembers Cale, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-199 — 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 FOR THE TRANSFER OF CDBG FUNDS. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-199. City Manager Bill Eisen stated the City had been a recipient of CDBG Funds until last year. At the current time the funds are distributed to the County and distributed to cities through them. The City had completed the necessary procedure to procure the CDBG Funds for the building and parking lot improvements to the Senior Knapp Center. During the procurement and expenditure process, some procedures were overlooked or were not properly followed. In order to make sure that the City would receive the funding that Brazoria County had approved, another method to allocate the funding had to be found. This item will approve the transfer of funds from Brazoria County to the City. The City will work with HUD to correct any errors in the process prior to receiving the funds from the County. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. Page 3 of 9 — 12/17/2007 FIRST AND ONLY READING OF ORDINANCE NO. 1335 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #18), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1335 on its first and only reading. City Manager Bill Eisen stated this item was the subject of the previous Public Hearing and does not grant the Tax Abatement, but establishes the Tax Reinvestment Zone. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-200 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion,' seconded by Councilmember Kyle, to approve Resolution No. R2007-200. City Manager Bill Eisen stated this item involves routine purchase of equipment and would typically be included on a Consent Agenda. The items were included in the Budget previously approved by Council. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Page 4 of 9 — 12/17/2007 Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2007-196. City Council. Councilmember Beckman made the motion, seconded by Councilmember Cole, to remove Resolution No. R2007-196 from the table. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. Mayor Pro -Tem Saboe returned to the Chambers at 8:15 p.m. COUNCIL ACTION — RESOLUTION NO. R2007-196 — 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 THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS. Mr. Bill Eisen, City Manager. COUNCIL ACTION — RESOLUTION NO. R2007-203 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-196 as amended. City Manager Bill Eisen stated this item was included on a previous agenda, but there were several items requested by Council prior to making a decision. One item was the possible opportunity for sharing the cost with other local entities. This idea was discussed with at least three Brazoria County Commissioners and there is a possibility of achieving this shared funding. There was also the issue of possibly receiving funding from TxDOT for the project. This was researched and there is also a possibility of receiving the funding. Council also requested information on providing public funding at a lower interest rate for capital improvement projects at the site. Information was provided in the packet pertaining to this option. Page 5 of 9 — 12/17/2007 Assistant City Manager Nick Finan stated there are several different options for funding. One option to fund the capital portion is to purchase the lot to own the land and do the construction on top of this. There are would be several benefits to purchasing the land. There is also the option to lease the land. The City is also researching HGAC and other entities for available funding. Alan Clark, HGAC Director of Transportation Planning, stated one of the concerns for the project is the timeframe the facility could be developed. The FDA has assured that the site the City is considering could be reviewed environmentally in a relatively short amount of time and that a three-year development plan was reasonable. There are several options through Metro or other Public Transit entities where Federal funding would be an option. Councilmember Beckman stated she likes the idea of having a transit center and the City building its own parking lot. Councilmember Cole stated this is an issue the City has considered for quite some time and the timeframe of the proposal being presented is surprising. The City needs to send a strong message to Metro that the City of Pearland wants to have a long partnership with them. It is important for the City to not just look at the short term options but to consider the long-term options available. Discussion ensued between Council, City Manager Bill Eisen, and Alan Clark, HGAC Director of Transportation Planning regarding funding options. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe to amend her original motion to approve Resolution No. R2007-203 and not approve Resolution No. R2007-196. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Discussion ensued between Council, City Manager Bill Eisen, and Alan Clark, HGAC Director of Transportation Planning regarding funding options. Mayor Reid called for the vote on the original motion as amended Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Page 6 of 9 — 12/17/2007 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-202 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 13 ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-202. City Manager Bill Eisen stated this item is a change order associated with the construction of a section of Magnolia Road. Project Director Trent Epperson stated this change order came about because of a change in what was originally bid in the contract. The original plans called for "rip rap" slope protection under the bridge and the bid item in the contract documents referenced the specification for "broken concrete rip rap". The design engineer, Othon Consulting Engineers, reviewed the slopes under the bridge, and provided a plan revision that called for a combination of interlocking concrete blocks and concrete slope paving, both approved methods of slope protection in the BDD4 design criteria. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2007-195. City Council. Councilmember Kyle made the motion, seconded by Councilmember Cole, to remove Resolution No. R2007-195 from the table. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Page 7 of 9 — 1211712007 COUNCIL ACTION — RESOLUTION NO. R2007-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO, 1 ASSOCIATED WITH THE STATE HIGHWAY 35 TRUNK SEWER PROJECT. Mr. Trent Epperson, Project Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-195. City Manager Bili Eisen stated this is a carry-over item from a previous meeting where Council had questioned the ability to recover some of the additional cost associated with the change order. Project Director Trent Epperson stated Staff has reviewed all options the City has to recover any cost associated with this change order. Basically, since there is no breach of contract at this time, the City has the option to re -coup cost on construction material retesting in the event the material fails a test. Staff has processed two change orders reimbursing the City for these types of issues. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the contract. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor called a recess at 9:20 p.m. to return to the Workshop. Mayor Reid called the meeting back to order at 10:15 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:16 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. Page 8 of 9 — 12/17/2007 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:10 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:11 p.m. Minutes approved as submitted and/or corrected this the 14th day of January, A.D., 2008. „'pR OYJz% Tom eid =►-: Mayor ATTEST: t�.,�#'t . �i 1 -. ary Page 9 of 9 — 12/17/2007