2009-01-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 12, 2009, AT 7:30 P.M., IN
THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF
PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND TEXAS
Mayor Reid called the meeting to order at 7:38 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron
Public Works Director; Jack Colbath Director of Fire Services; Trent Epperson Project
Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Paul
Jamison Fire Chief; Claire Bogard Finance Director; Fred Welch Executive Director of
Economic Development Corporation; Teresa Battenfield Assistant Project Director; Bob
Pearce Purchasing Officer; June Ellis Budget Officer; Edward Grossenheider Park and
Building Maintenance Superintendent.
The invocation was given by Stewart Coffman and the Pledge of Allegiance was led by
Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported January 5, he attended the Agenda Meeting and Council
Workshops; January 6, he met with a developer for a hospital in the Old Town Site and
with Metro Planners for a future light rail; January 7, he met with the Houston Port
Alliance Planning Committee; January 8, he attended the Pearland Arts League Board
of Directors Meeting, the Chamber Ribbon Cutting for two new businesses, the Houston
Partnership Annual Meeting, and the Chase Bank Open House Event; January 9, he
attended the Pearland Area Chamber of Commerce Business Before Breakfast Event
and the promotion of Officers Michael Walker and Jon Matherne to Sergeant; January
10, he presented the Welcome for Winterfest and visited the Art Quest Exhibit Event;
January 12, he attended the Regular Council Meeting and Workshops.
Mayor Reid, Mayor Pro -Tem Helen Beckman, and Director of Parks and Recreation Jon
Branson presented a Proclamation proclaiming January 17, 2009, as "Arbor Day" to
Keep Pearland Beautiful members Stewart Coffman, Linda Cowles, Delores Fenwick,
Edward J. Miller Sr., Marjorie Wilcoxson, Larry Marcott, and John Walters.
Page 1 of 16 — 1/12/2009
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he has been preparing for Brazoria County Day in
Austin in March and attended the Groundbreaking for the Waterlights District. He was
able to work with Councilmember Cole and others in the Community to distribute eighty-
five bikes to underprivileged children, which was the highlight of his Christmas Season.
Councilmember Saboe reported he attended the Waterlights District Groundbreaking.
Mayor Pro -Tem Beckman reported she attended the Parks and Recreation Winterfest
Event, Greater Houston Partnership Annual Meeting, Greater Houston Builders
Association Forecast Luncheon, Pearland Area Chamber of Commerce Business
Before Breakfast Event, Christmas Parade, and the Groundbreaking for the Waterlights
District. She stated the Pearland Fire Department has calendars for sale for $15 each
and the sales support the City Firemen and their spouse who are in need.
Councilmember Kyle reported she attended the Groundbreaking for the Waterlights
District.
Councilmember Cole reported he attended the Winterfest and would like to begin
lobbying to hold the annual City Christmas Event at the Pearland Town Center. He is
Co -Chair of razoria County Day in Austin and they will be heading to Austin March 10,
2009, for the World's Largest Shrimp Boil. Pearland Day in Austin will be February 25 -
26, 2009, and hopefully, anyone who would like to attend can contact a member of
Council or the Pearland Area Chamber of Commerce. He also attended the Greater
Houston Builders Association and it is pretty remarkable that Texas grew by 223,000
new jobs within the last twelve months. The next closest state was Oklahoma that
came in at 17,000 new jobs.
CITY MANAGER'S REPORT
City Manager Bill Eisen thanked the members of the Parks and Recreation Department
for their work on the Winterfest Event. The City has contracted a firm to perform a
Citizen Survey to call a sample of citizens and ask selected questions.
CITIZENS
Nancy Kozanecki, 3707 Pine Branch Drive, addressed Council and stated the Council
discussed fencing in the previous Workshop and she suggests that if the Home Owners
Association would like to upgrade the fence from the typical fence, that they pay the
difference in the cost.
DOCKETED PUBLIC HEARING: None
Page 2 of 16 — 1/12/2009
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the December 1, 2008, Special Meeting held at 6:00
p.m.
2. Minutes of the December 8, 2008, Regular Meeting held at 7:00
p.m.
3. Minutes of the December 8, 2008, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF JOEL GUTIERREZ JR, POSITION NO. 2, TO
SERVE ON THE HEALTH FACILITIES DEVELOPMENT
CORPORATION BOARD FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2010. Mayor Tom Reid.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1371 — 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
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.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2009-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF
FLEET VEHICLES. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2009-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING SEPTEMBER 2008.
Mr. Bill Eisen, City Manager.
Page 3 of 16 — 1/12/2009
Councilmember Cole asked that Consent Agenda Item D be removed from the Consent
Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through E with the exception of item D, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Cole, Consent Agenda Item D, Resolution R2009-7
was removed for further discussion.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2009-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF
FLEET VEHICLES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2009-7. After discussion, this item was tabled.
City Manager Bill Eisen stated these are purchases for vehicles for various departments
and the funds were included in the City Budget for the current year.
Councilmember Cole stated he pulled the item to highlight that this was not all of the
vehicles that were included in the current Budget. Staff reviewed the needs of the City
and reduced the number of purchases to the absolute necessities. The City is
considering the economy and preparing for any fallout by reducing cost where possible.
Councilmember Owens asked if this purchase was through the Houston Galveston Area
Council or if local businesses were given the opportunity to submit bids.
Purchasing Officer Bob Pearce stated these vehicles are being purchased through a
cooperative purchasing agreement. The local businesses in Pearland had the
opportunity to bid on the statewide contract. Purchases made through a cooperative
purchasing agreement would offset any short-term discount provided locally on a
purchase of twenty-five vehicles.
Page 4 of 16 — 1/12/2009
Councilmember Kyle stated all the reports being published by the auto industry show
dealers are cutting prices to move vehicles and asked if Staff reviewed this change in
the market to compare the pricing.
Purchasing Officer Bob Pearce stated there would possibly be short-term price
reductions but the statewide contracts offer greater discounts and manufacturers pay
back incentives to the dealers based on the contract.
Councilmember Kyle stated she understands the process, but she does not feel her
question was answered as to whether Staff reviewed pricing from local dealers for
better pricing.
Purchasing Officer Bob Pearce stated Staff did not review local options for the
possibility of a better price.
City Manager Bill Eisen stated he feels it will possibly be best to purchase the vehicles
through the cooperative purchasing agreement; however, Staff can review local options
for a price comparison.
Mayor Reid stated price review would not be an option without entering into the bid
process.
Councilmember Saboe stated he agrees with Councilmember Kyle that prices should be
reviewed to verify the City is getting the best price in the current market.
Discussion ensued between Council and Purchasing Officer Bob Pearce regarding the
purchase of new vehicles.
Councilmember Owens stated he would like Staff to meet with a local dealership to
explore options for pricing. These vehicles are being purchased with taxpayer money
and being driven by City employees and he would like to see them purchased locally if
possible.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to table
Resolution No. R2009-7, to verify the City is getting the best prices in today's market for
fleet vehicles.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 16 — 1/12/2009
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-5 — A RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE TWO SERIES OF
CERTIFICATES OF OBLIGATION, THE FIRST IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $12,900,000 AND THE SECOND IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $8,525,000, FOR THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS,
AUTHORIZING DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENTS
RELATING TO SUCH SERIES OF CERTIFICATES AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-5.
City Manager Bill Eisen stated the Certificates of Obligation would be sold in two
separate series because of different amortization schedules on repayment of the debt.
The projects funded with the sale include the University of Houston building,
supplemental funding for the Cullen Parkway Project, and additional cost associated
with the SH 288 frontage road.
Rick Witte, Andrews and Kurth, LLP, stated that if Council approves this item, the
content would be published two times and then be back on the February 23, 2009,
Council Agenda for Council to authorize an Ordinance approving the sale.
Councilmember Saboe stated he would like clarification regarding the funding for the
Cullen Parkway Project and asked if the City is at a point where it has absolutely
exhausted any funding from TxDOT.
City Manager Bill Eisen stated the City has received pretty finalized estimates on what
the construction cost will be for the project and has exhausted all but one of the options
for funding. The remaining option is federal stimulus money, but this funding has a lot
of uncertainty as to when and how it will be distributed. He recommends that Council
approve this bond sale and then if funding for this project becomes available through
stimulus funds at a later date then that money can be used for a different project.
Councilmember Saboe stated the City has Pearland Day in Austin and Brazoria County
Day in Austin coming up and he would like to see more discussion on this item occur
during those visits.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Page 6 of 16 — 1/12/2009
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 718-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 3 OF
ORDINANCE NO. 718, ALLOWING REIMBURSEMENT OF COLLECTION COSTS
ASSOCIATED WITH THE HOTEL OCCUPANCY TAX IN ACCORDANCE WITH
CHAPTER 351 OF THE TAX CODE, AS AMENDED; PROVIDING PENALTIES FOR
VIOLATIONS; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to
approve Ordinance No. 718-1 on its first reading.
City Manager Bill Eisen stated Council received copies of requests submitted by four of
the hotel operators within the City asking that Council authorize a provision that is
allowed by the City's Ordinances related to the Hotel / Motel Tax. This provision allows
entities that collect the Hotel/Motel Tax to retain up to one -percent of the taxes collected
to reimburse the Hotels and Motels for the cost they incur for the collection of the taxes.
Council reviewed this in 2004 and declined to activate this provision. Hotel owners are
asking to be treated like some retailers in the community that collect sales tax for both
the City and the Economic Development Corporation that are allowed to retain a
percentage of the sales tax they collect.
Councilmember Kyle stated there are businesses that have committed to the City and
are being taxed to benefit their business. The business is paying for these taxes twice
with the cost of the tax and then the administration cost of collecting the tax. She stated
supports this item because she is in favor of treating the Hotel and Motel owners in the
same manner as other retailers within the community.
City Manager Bill Eisen stated if Council authorized the entire one -percent allowed in
the provision, it would be a revenue loss of approximately $7,500 to the City.
Councilmember Kyle stated this provision would not necessarily be a Quid pro quo
arrangement, but she feels this would demonstrate the City's interest in alleviating some
of the burden on businesses within the City during these economic times.
Councilmember Saboe stated he would like clarification on the process because some
of the requests submitted suggest a rebate. It is his understanding this would not be a
rebate, but would allow the Hotel or Motel owners to withhold up to one -percent of the
taxes. He stated he does not feel the Code is clear regarding whether it is one -percent
of the total tax collected or one -percent of the seven -percent collected by the City.
Page 7 of 16 — 1/12/2009
City Manager Bill Eisen stated the provision allows the Hotel or Motel to keep one -
percent of the total Hotel / Motel Tax collected.
Councilmember Owens stated he does not feel that he can support this item because
the funds are used for needs within the City.
Councilmember Cole stated he agrees with Councilmember Owens because one use
for these funds is to promote local hotels and motels to increase their business.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Hotel/Motel Tax.
Councilmember Saboe stated he would like the text of the code to state more clearly
that the one -percent is of the total tax collected.
Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin
Coker regarding the Ordinance.
Councilmember Saboe stated he would like to receive more information regarding what
the exact financial impact approving this item would be before he would be able to
support it.
Councilmember Beckman stated this tax is meant to help the industry and in a sense
that is a payback to the corporations in the City.
Councilmember Owens made the motion, seconded by Councilmember Cole, to call for
the vote.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmember Kyle.
Voting "No" Councilmembers Owens, Saboe, Beckman, and Cole.
Motion Failed 4 to 1.
Page 8 of 16 — 1/12/2009
FIRST READING OF ORDINANCE NO. 1220-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9 Y2,
EMERGENCY MEDICAL SERVICES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE
TO EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Ordinance No. 1220-1 on its first reading.
City Manager Bill Eisen stated Council has approved an Ordinance requiring private
ambulance services to have a permit issued by the City. To acquire a permit from the
City companies are required to document the vehicles that will be utilized, that all
vehicles meet City, standards with regard to types of equipment, and verify they have
certain types of insurance. The Ordinance has proven to be difficult to enforce due to
certain specifications contained within the Ordinance.
City Attorney Darrin Coker stated the City has had issues enforcing this Ordinance
because an officer must actually identify an ambulance operating on a public road in the
City before a citation can be issued. The City does not want to engage in the practice of
pulling ambulances, which may be carrying passengers, off the road. This amendment
would require an ambulance to be permitted for any type of operation within the City
and allow officers to issue citations to non-compliant ambulances while they are
stopped at their destination.
Discussion ensued between Council, City Attorney Darrin Coker, and Director of EMS
Jeff Sundseth regarding the Ordinance.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens.
Voting "No" Councilmember Saboe.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2009-9 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN INTERLOCAL
AGREEMENT WITH GALVESTON COUNTY. Mr. Jeffrey Sundseth, EMS Operations
Director.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-9.
Page 9 of 16 — 1/12/2009
City Manager Bill Eisen stated Galveston County was devastated during Hurricane Ike.
Many of the small communities have small Emergency Management Services (EMS)
with some of those being completely staffed by volunteers. The EMS operations in
these areas are in need of help with making Staff available to operate the equipment
they already have. This agreement will allow Pearland employees to work in the area
during times that they are not on duty with the City. The employees would be paid
overtime rates through Galveston County.
Director of EMS Jeff Sundseth stated employees would not be required to provide their
services in Galveston County, but would have the opportunity to volunteer for the work.
Councilmember Saboe asked if the City of Pearland is listed as a Contractor in any
other agreements. The word Contractor is contained within quotes but is not defined
and he is concerned that without a definition it would be used in the common vernacular
and has the implications that come with that.
City Attorney stated he does not feel there is a risk because the first paragraph stated
the word "Contractor' means the "City of Pearland", but if the wording concerns Council
it can be changed.
Councilmember Saboe stated the wording does concern him and he feels this
agreement floats Galveston County two weeks of payroll because of the invoice process
and asked on what scale this agreement is expected to occur.
Director of EMS Jeff Sundseth stated this agreement is not expected to occur on a large
scale.
Councilmember Saboe asked why the City is being required to be involved in this
agreement instead of just allowing Galveston County to hire our employees during their
off duty time.
Director of EMS Jeff Sundseth stated the agreement is how the County and the County
Judge have asked for this arrangement to be done.
City Manager Bill Eisen stated this is being viewed as a Mutual Aid Agreement and
although there is a floating aspect involved it gives the City an opportunity to help a
neighboring City in need.
Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin
Coker, and Director of EMS Jeff Sundseth regarding the Agreement.
Councilmember Kyle stated Galveston was devastated by Hurricane Ike and she feels
they need help and this is something that needs to be done.
Page 10 of 16 — 1/12/2009
Mayor Pro -Tem Beckman stated she feels this agreement is the right thing to do in this
situation.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" Councilmember Saboe.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2009-6 — 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. Mr. Danny Cameron, Director of Public Works.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2009-6.
City Manager Bill Eisen stated this is an agreement with the County that is considered
annually where the City provides the materials and the County provides the labor and
equipment to perform overlays on various streets within the City.
Councilmember Kyle asked how the streets were selected for the project.
Director of Public Works Danny Cameron stated the City has an inventory of all the
asphalt roads which is reviewed to determine which roads need the repairs the most.
Councilmember Kyle stated she understands the roads selected, but feels the area
designated for the project on Fite Road needs to be extended to include the roadway
between Harkey Road and Manvel Road.
Director of Public Works Danny Cameron stated the list of roads is not conclusive and
the City has the option to add sections at a later date.
Councilmember Cole stated, during the construction of the northern portion of Dixie
Farm Road, a lot of traffic cut through the Sleepy Hollow Subdivision and asked if
anyone had established what damage was caused by this and considered what the City
can do to help the residents.
Director of Public Works Danny Cameron stated the City has identified some damage in
the South Hollow Subdivision and has plans to begin working to repair the damage.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Page 11 of 16 — 1/12/2009
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE 2009 CHARTER
REVIEW COMMISSION. Mayor Tom Reid.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to
appoint Larry Marcott, Mike O'Day, Rushi Patel and Kurt Evenson to serve on the
Charter Review Commission.
City Attorney Darrin Coker provided Council with a detailed overview of the
requirements of members of the Charter Review Commission.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
processes of the Charter Review Commission.
Councilmember Saboe will make his recommendation for his appointment to serve on
the Charter Review Commission at the next regular council meeting.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-10 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 ASSOCIATED WITH THE SOUTHFORK TRAFFIC SIGNALS.
Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-10 as amended.
City Manager Bill Eisen stated, at a previous meeting, Council acted to award a bid for
the construction of traffic signals on Southfork Drive at CR 90 and CR 94. Council
indicated to the two Municipal Utility Districts (MUD) that were at the meeting that
Council would hold off on the project for one week to hear back on whether they could
contribute to the cost of the traffic signals being upgraded to a more decorative style. At
this time MUD No. 3 would be agreeable to split the cost of a specified upgrade with
MUD No. 6. The City has not heard from MUD No. 6 because they have not met at this
time. MUD No. 3 has stated they would like to receive a credit for the cost of some
easement in the area that the City is seeking in the amount of $5,068. Council has the
option to proceed with this item on the contingency that MUD No. 6 approves the other
half of the funds. The Board of MUD No. 3 stated they would also like to receive some
type of credit, of future funds they would pay to the City at a later date, with regard to
the acquisition of the rights of ground water in the amount of their contribution.
Page 12 of 16 — 1/12/2009
City Attorney Darrin Coker stated he would like to receive clarification on what MUD No.
3 is referring to with regard to future funds and whether their contribution of costs for the
traffic signals is contingent upon this credit.
Jeff Moore, Municipal Utility District No. 3, stated the MUD will be funding their half of
the cost, but they would like consideration going forward for credits for future funds
owed to the City for half the total amount they contribute for this project.
Councilmember Saboe stated he stated previously that he wanted to see participation
from the MUD's for any upgrades and would consider a split or share where the MUD's
would front the money for the project and in the future, the City would work with them to
issue some credits for the value of half the amount they contribute.
Councilmember Cole stated he wanted clarification on what MUD No. 3 is asking for
with regards to the easements.
Jeff Moore, Municipal Utility District No. 3, stated the MUD is asking for a credit of the
market value of the property the City wants to acquire for easements.
Councilmember Kyle asked for clarification on what Councilmember Saboe had
proposed at the previous meeting and asked how it fits into what has been presented to
Council.
Councilmember Saboe stated there was a lot of commentary on whether the City should
have any stake in funding the upgrade to the traffic signals. He stated he was seeking
some type of contribution from the MUD's to even consider the issue. He is now seeing
they are willing to contribute all of the funds and would like to see some value
considering for half of the amount and this is much more of a wining situation for all
parties.
Councilmember Owens stated he appreciates the MUD's working with the City, but he
prefers to keep the negotiations clean and isn't sure if the public works funds can be
mixed with enterprise funds. He feels the City should accept the contribution and keep
the easement and surface water issues separate from this project.
Mayor Pro -Tem Beckman stated she agrees with Councilmember Owens and feels
there are too many unknown factors being brought into this project. She does not feel
the City should pay for any upgrades.
Councilmember Saboe stated another issue that needs to be considered is that there is
one additional traffic signal at Southfork Drive and Morgan Road based on a request
regarding pedestrian safety.
Page 13 of 16 — 1/12/2009
Project Director Trent Epperson stated a warrant study was conducted and the data
does not warrant the signal, however, because of the community attraction in the area
an engineering judgment can be made to install the signal. He feels the MUD in the
area should be contacted prior to the design phase regarding whether they would be
interested in contributing to a design upgrade.
City Manager Bill Eisen stated that traffic signal is located in MUD No. 2.
City Attorney Darrin Coker stated it is his understanding that MUD No. 2 is willing to
contribute to the design upgrade when the traffic signal is approved for installation by
the city.
Councilmember Saboe asked what the time frame would be for the traffic signal at
Morgan Road once it is approved for installation to come before Council for approval.
Project Director Trent Epperson stated the project would have to go through the bid
process and would have the upgrade design built into the specifications.
Councilmember Cole stated he would like to see the City accept the contribution and
pay MUD No. 3 for the easements and keep the negotiations clean.
Councilmember Kyle stated the City has set the precedent that the City will not go
forward and upgrade all the traffic signals due to cost. She feels there will need to be
separate agreements for the traffic lights and the easements.
City Attorney Darrin Coker stated there will be no paper document agreements for this
item, but only the contribution with the hope that the MUD will receive consideration on
future monies owed to the City.
Councilmember Saboe stated this is the kind of signal that he was looking for from the
MUD's stating that the entities were willing to work together with the City on making this
project the best it can be and the proposed item is a significant gesture. It is cleaner if
the City MUD's front the money and this traffic light issue is dispatched. The City still
has to consider the issue of paying for an additional traffic signal that was not included
in the budget that will have significant cost. The City will expect to handle this traffic
signal in the same manner and to have a contribution from MUD No. 2 for any
decorative upgrades. There are other issues with this project that have not surfaced yet
and the other issue of being a good neighbor the City will have to deal with that has not
surfaced yet. The City has received requests by MUD's to consider issues of sidewalks,
fencing, screening, and other things of this nature. He can only say that he will work to
find a way to make the MUD's satisfied that the City is working with them to get a
commensurate vale of half of what they have contributed to make this project as good
as it can be. He does not know of another way to convey funds at this time. He wishes
this issue could have been dealt with in context but it cannot be because of the timing of
the ordering of these traffic signals. He would rather work with the MUD's on these
issues to demonstrate the value of working together.
Page 14 of 16 — 1/12/2009
Mayor Pro -Tem Beckman stated she feels if the traffic signals are to be upgraded, the
MUD's can pay for it and the other issues can be dealt with at a later time.
Councilmember Saboe stated he is only making a pledge that he will try to work with the
MUD's because he sees this as a significant gesture in the context of how the City has
been trying to develop an SPA with the MOD's.
Mayor Pro -Tem Beckman stated she is willing to work with the MUD's on any issue, but
she feels these issues should be treated as separate issues.
Councilmember Owens stated he is willing to work with the MUD's, but he feels the
MUD's should have to pay for any decorative upgrades.
City Attorney Darrin Coker stated this item should be approved on the contingency that
the funds are received from the MUD's within a certain timeframe or the project will
precede as originally planned.
Councilmember Kyle stated as long the City has a commitment from the MUD's for the
funding she feels the City should work with them on the project.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
amend the motion to approve Resolution No. R2009-10 with change order No. 1A and
make the approval contingent upon MUD No. 3 and MUD No. 6 making contributions to
the City to pay the balance for the upgrade on the traffic signals.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a recess at 9:50 p.m.
Mayor Reid called the meeting back to order at 10:00 p.m.
Page 15 of 16 — 1/12/2009
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:01 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:31 p.m.
COUNCIL ACTION — DISCUSSION REGARDING THE SALE, LEASE, PURCHASE,
OR EXCHANGE OF REAL PROPERTY. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:31 p.m.
Minutes approved as submitted and/or corrected this the 26th day of January, A.D.,
2009.
2�4
Tom Reid
Mayor
ATTEST:
•A • • �i �' / �\ecre
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