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2008-09-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 8, 2008, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:35 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Woody Owens Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Steve Saboe. Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Michelle Smith Assistant Director of Parks and Recreation; Johnny Spires Assistant Police Chief; Meg McNulty Utility Billing Supervisor; June Ellis Budget Officer; Ron Fraser Police Department; Jay Chapman Police Department; Tom Moncrief Police Department. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported August 26, he attended the North Brazoria County Educational Alliance Meeting; August 27, met with a development prospect and the Pearland Economic Development Corporation; August 28, attended the Pearland Area Chamber of Commerce Ribbon Cutting for three businesses, the BAYTRAN Board of Directors Meeting, the Village of Town Lake Ribbon Cutting, and met with Kelsey Seybold on the new medical office; August 30, spoke at the Eagle Scout Court of Honor for Troop No. 404; September 2, attended the Agenda Meeting; September 5, attended the San Jacinto College introduction and welcome of Campus Presidents and the Adult Reading Center Annual Book Sale; September 6, attended the Adult Reading Center Annual Book Sale; September 8, met with the Pearland Economic Development Corporation Steering Committee, attended the Agenda Meeting, and the interview for the Pearland Economic Development Corporation Strategic Planning Committee. Page 1 of 8 — 9/8/2008 Recognition of the Employee of the Quarter, Lynn Baker, Public Works Department. Mayor Reid stated the Recognition of the Employee of the Quarter, Lynn Baker, Public Works Department, will be passed to a future of Agenda. COUNCIL ACTIVITY REPORTS Councilmembers Owens and Kyle passed on giving a report. Councilmember Saboe was absent from the Chamber. Mayor Pro -Tem Beckman stated she would like to thank all the citizens that picked up litter along Pearland streets and the Pearland Information Technology Department who has an adopt -a -spot area along Pearland Parkway. Councilmember Cole stated he wants everyone to take heed of Hurricane Ike and take the necessary precautions to prepare for the storm. CITY MANAGER'S REPORT City Manager Bill Eisen reported the City of Pearland is in constant contact with what they believe to be reliable resources regarding Hurricane Ike. Emergency Management Personnel have been participating in two daily conference calls to receive updated information when it is available. City and County entities have been working together to ensure emergency precautions are well organized and everyone is informed of what is happening and when. Councilmember Cole stated citizens can sign up for updates through the City of Pearland website to receive information regarding any type of alerts. CITIZENS Tom Brick, 510 Elderberry Lane, addressed Council and stated he represents Country Place Lakes and would like to provide an update regarding the McHard Road Project. The residents of Country Place Lakes would like to express their concerns regarding the project. The expansion will have the road going through an active golf course. The residents would like to verify people are well aware of the golf course being in the area. The proposed path of the road will cause a fence near the retirement community to be removed which will cause security and noise issues. The residents are suggesting the path be moved over slightly which will avoid the security and noise issues as well as lower the cost of the project. Mr. Brick stated the proposed project, as it currently is, will increase the pre-existing flood problems and reduce the property values of the residents in the area. Page 2 of 8 — 9/8/2008 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 18, 2008, Special Meeting held at 6:00 p.m. 2. Minutes of the August 18, 2008, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the August 25, 2008, Special Meeting held at 6:00 p.m. 4. Minutes of the August 25, 2008, Public Hearing (Budget) held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1355 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE 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 PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 1356 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL 30, 2008 AND ADOPTING A BUDGET FOR THE OCTOBER 1, 2008, AND ENDING SEPTEMBER 30 Manager. Page 3 of 8 — 9/8/2008 YEAR ENDING SEPTEMBER FISCAL YEAR BEGINNING 2009. Mr. Bill Eisen, City Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1356 on its first reading. City Manager Bill Eisen stated Council has had the opportunity to review the Budget in several previous Workshops. Councilmember Owens asked if there was any time period between the specified salary ranges. City Manager Bill Eisen stated there is something automatic about the progression of certain employees salary, but with other job titles the salary progression is based on merit and performance. Voting "Aye" Councilmember Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-123 — A RESOLUTION EXPRESSING THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED SPORTS AND RECREATION COMPLEX IN PEARLAND, TEXAS AND RESOLVING OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-123. Ted Kalivoda, 11506 Starlight Bay Court, addressed Council and stated he is a resident of Shadow Creek Ranch and feels there are things in the world that are more important than sports. He stated he would like Council and the City to seriously consider the amount of money that will be required for this project and how much of it the City will be stuck paying. Shadow Creek Ranch does not currently have any residents that play baseball or softball but does have many that play soccer. With the number of current baseball and softball fields in the City, he feels there should be more general purpose sports fields built to serve the community better. City Manager Bill Eisen stated there is a very good case for the possible use of the property for other purposes. Phase II of this project will involve more than just additional ball fields under the original plan. Director of Parks and Recreation Jon Branson provided Council with a detailed review of the proposed plan for the Shadow Creek Ranch Sports Complex and stated the proposed Phase has options for a water park area or a soccer area. Mr. Branson stated when the project reaches the Phase III portion of the project, he does recommend the soccer area option because it is a priority to residents in the area. Page 4 of 8 — 9/8/2008 Councilmember Owens asked what the amount of acreage remaining for the Phase 111 portion of the project would be. Director of Parks and Recreation Jon Branson stated the acreage left is 12.44 acres. City Manager Bill Eisen stated at a previous meeting, a Councilmember had asked what would happen if all of the revenues projected in this project did not materialize. As a result of that, an analysis was completed for this and included in the Council packet. Ryan O'Hara, RBC Capital Markets, stated there will be a bond issue in 2009 of approximately $17,700,000 to pay for this project. This issuance will be a taxable issuance based on the nature of the project. Mr. O'Hara stated the project is larger than anticipated in the Capital Improvements Projects, but with anticipated revenue of $1,682,000 at 100% the numbers stay positive. The report provided to Council also includes the scenarios for different percentages of anticipated revenue. Councilmember Kyle asked if there was any other comparable project with a twenty- year minimum life span to see if the projected numbers will hold. Ryan O'Hara, RBC Capital Markets, stated there are no comparable projects at this time, but in the presentation the revenue drops are estimated to be in 2012 when the facility is no longer considered new. City Manager Bill Eisen stated this item is not a final approval of the sports arena but only states Council is willing to move forward with the necessary steps for the project. Councilmember Kyle stated she likes the idea of the sports arena, but feels that she cannot support this item at this time because she has not received sufficient information regarding when the City will begin to receive the benefits and what the actual liabilities for the City will be. City Attorney Darrin Coker stated it is his opinion that the City does not have any liabilities because it is their decision to move forward with a contract or not. A draft development agreement is currently being reviewed by USA Partners and Staff is expecting numerous comments because it was drafted from the City's perspective. Councilmember Kyle stated she does not believe her previous comments and concerns were included in the draft documentation, and because this project is not a public facility or a necessity, extreme caution should be used moving forward. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the Resolution. Page 5 of 8 — 9/8/2008 Councilmember Cole stated the facility is not being built for tournaments only because the community will be able to utilize the arena. Council has made the commitment to put the community first which will be in the operating and development agreement. This item is not an agreement, but is only a Resolution of Intent to Support and the City has options to not proceed with the project. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the Resolution. Councilmember Owens stated it was his understanding that the City was to provide something that showed its support and would allow potential sponsors to be approached. He does not feel this Resolution has anything in the content that is binding the City to fund any part of the project. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the Resolution. Councilmember Beckman stated she feels this Resolution is a first step in the process and the numbers will need to be verified before a final commitment is made. Voting "Aye" Councilmembers Owens, Beckman, and Cole. Voting "No" Councilmember Kyle. Motion Passed 3 to 1, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH NEELA, INC.; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1353, ESTABLISHING REINVESTMENT ZONE #20, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2006-121. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-124. City Manager Bill Eisen stated Council recently held a Public Hearing regarding the creation of a reinvestment zone for the property that will be occupied by a facility constructed by Neela, Inc. This agreement is a Tax Abatement Agreement with a 50% tax abatement for a five-year time period. Page 6 of 8 — 9/8/2008 Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. FIRST READING OF ORDINANCE NO. 1350 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1350 on its first reading. City Attorney Darrin Coker stated this item is a request for abandonment previously presented in a Public Hearing. At that time, it was decided to wait on the abandonment until the amendments to the Master Thoroughfare Plan were completed. The abandonment is a stub -out located in the Cambridge Lakes Subdivision and will be utilized as a green space. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT (PHASE II). Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-125. City Manager Bill Eisen stated this item is a standard agreement used with pipeline companies in relation to various City projects. The agreement relates to the Dixie Farm Widening Project and Exxon Mobile will be moving the pipeline that is currently located in the right-of-way. Project Director Trent Epperson stated the agreement is technically not a relocation, but an extension of casing. Page 7 of 8 — 9/8/2008 Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. ADJOURNMENT Meeting was adjourned at 8:55 p.m. Minutes approved as submitted and/or corrected this the 13th day of October, A.D., 2008. c�r/YYU Tom Reid Mayor ATTEST: Page 8 of 8 — 9/8/2008