2009-01-05 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 5, 2009, AT 6:00 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 6:08 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Felicia Kyle
Others in attendance: Danny Cameron Public Works Director; Trent Epperson Project
Director; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire
Bogard Finance Director; Fred Welch Executive Director of Economic Development
Corporation Teresa Battenfield Assistant Project Director.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-3 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT LEASE
AGREEMENT WITH THE UNIVERSITY OF HOUSTON SYSTEM. Mr. Darrin Coker,
City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-3, as amended.
City Manager Bill Eisen stated the City has been working with the University of Houston
Clear Lake to finalize the conditions in which a campus of that institution would be
located within the City of Pearland. The first item on the Agenda associated with this is
an agreement in which the City would construct the facility and the University would
lease the facility. The facility would include space for the Economic Development
Corporation and a conference facility for the City. Each of the occupants of the facility
will pay a proportionate share of the cost of constructing the facility and the cost of
operation based on the ratio of square footage occupied.
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Dr. William A. Staples, President of the University of Houston -Clear Lake, thanked the
Mayor, Council and City Staff for the opportunity to present this proposed project. He is
very excited to bring the University of Houston to the City of Pearland and the proposed
date for the facility to open is in 2010.
City Attorney Darrin Coker stated he feels this is a good agreement that is fair to both
parties. He stated he would like to request that Section 30(B), a provision that refers to
insurance and subrogation rights of the agreement, be omitted. The issue has been
discussed with the University of Houston Clear Lake and the City has agreed to delete
the provision.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
agreement.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
amend Resolution No. R2009-3 to remove Section 30(B) from the agreement.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
Councilmember Owens stated he is proud to see this project get to this point and he
feels this is one of the highlights for the City of Pearland.
Mayor Reid stated this is something that has been very special for the City.
Mayor Reid called for a vote on the Original motion as amended.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2009 -1—A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A DESIGN BUILD
CONTRACT FOR CONSTRUCTION OF THE UNIVERSITY OF HOUSTON CAMPUS-
PEARLAND AND APPROPRIATING FUNDS ACCORDINGLY. Mr. Trent Epperson,
Project Director.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Resolution No. R2009-1.
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City Manager Bill Eisen stated this item authorizes a contract between the City and
Hale -Mills Construction for the design and construction of the University of Houston
Clear Lake, Pearland Campus in the amount of $11,115,847.
Voting "Aye" Councilmember Cole, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
Mayor Reid called for a recess at 6:25 p.m.
Mayor Reid called the Special Meeting back to order at 7:10 p.m.
COUNCIL ACTION — RESOLUTION NO. R2009-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SEISMIC
TESTING PERMIT. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-4.
City Attorney Darrin Coker stated this item is a continuation of the recent adoption of a
Seismic Ordinance. Premiere Geophysical has applied for a seismic testing permit as
required by City ordinance. The applicant has provided necessary documentation and
followed the necessary steps to obtain the permit. The application has been reviewed
and approved by Public Works and the City has gotten good feedback from other cities
where the company is doing business. Staff is recommending Council approval for this
seismic testing permit.
Mayor Reid asked if the agreement required the company performing the testing to
notify the public prior to the test.
City Attorney Darrin Coker stated any company performing testing is required to provide
public notice to individuals within a certain distance of the testing site. The City is
required to allow the companies to perform the testing, but has the option to adopt
Ordinances to regulate the testing process and notification requirements.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
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Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO
INTENTION TO REIMBURSE PROJECT
Manager.
R2009-2 — RESOLUTION DECLARING
EXPENDITURES. Mr. Bill Eisen, City
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-2.
City Manager Bill Eisen stated this type of Resolution has been approved in the past
when the City is beginning a project, but there is the anticipation of selling bonds in the
near future. This item would allow the City to expend funds for the projects that are
listed in the provided material prior to the bond sale with the intention to reimburse itself
from the proceeds of the sale.
Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2008-159.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
remove Resolution No. R2008-159 from the table.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
COUNCIL ACTION — RESOLUTION NO. R2008-159 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SOUTHFORK
DRIVE AND COUNTY ROADS 90 AND 94. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-159.
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City Manager Bill Eisen stated this information provided to Council reflects the results of
the bid process for the signals at the two listed locations. The dollar amount of
$579,962.58 reflects the City's current standard with regard to the design of the facility.
If the Council did wish to go with a more decorative style, it would be necessary to
increase the amount of the project accordingly.
Jeff More, Silver Lake Homeowners Association, addressed Council and stated he has
met with Councilmember Cole and Staff to discuss the issues associated with the
installation of these traffic lights. He would like to see the City reconsider the installation
of decorative traffic signals to enhance the appearance of the area and protect the
property value of the residences in the area.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
the project.
Councilmember Cole stated he can justify some type of upgrade to the traffic signals
because of the residential aspect of the area. The upgrades could also be justified
because the four -lane road was paid for by the developer through cost that they then
passed on to the individual homeowner's lot prices. When the area is annexed, the City
will take possession of the roadway that it did not pay to construct. One of the
arguments is that the residents are not contributing any funding to the upgrades, but in
his opinion, they have already contributed by saving the City the cost of constructing the
roadway.
Councilmember Owens stated that type of cost transfer situation occurs in every
Municipal Utility District and he does not feel that this is a strong enough argument to
justify an upgrade. This is the wrong time to spend additional money that the City does
not have. This upgrade would also require the City to replace all the street lights along
Magnolia Road to keep the area consistent. He does not feel that the number of street
lights will affect the aesthetic appearance of the neighborhoods in the area and he will
not support the upgrades at this time.
Mayor Pro -Tem Beckman stated she agrees with Councilmember Owens that now is
not the time to increase the cost of this project. She does not believe that not having a
decorative traffic light will affect the property value in the area and feels the City's
current standard is sufficient.
Councilmember Saboe stated he feels the City should take a consistent approach with
what has been installed in the area and because this is unbudgeted money, he would
like to see some participation from the other entities. He cannot support this item at this
time, but would be willing to come back to the item if the other entities would consider
contributing to the cost of the project.
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Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
Mayor Reid called for a recess at 7:47 p.m.
Mayor Reid called the Special Meeting back to order at 10:18 p.m.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:19 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney.
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 10:36 p.m.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE BLUE RIDGE LANDFILL. City Council.
No action taken by Council.
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 10:36 p.m.
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Minutes approved as submitted and/or corrected this the 26th day of January,
A.D., 2009.
Tom Reid
Mayor
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