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2010-02-15 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 15, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:01 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Felicia Kyle Councilmember Woody Owens Councilmember Scott Sherman Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen Deputy City Attorney Nghiem Doan Deputy City Secretary Sonia Webb Others in attendance: Jon Branson Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Rick Overgaard Assistant Director of Finance; June Ellis Budget Officer; Rosalyn Epting Assistant Director of Parks and Recreation; and Colene Cabezas Recreation Superintendent. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2010-21 — 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 PEARLAND INDEPENDENT SCHOOL DISTRICT. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-21. City Manager Bill Eisen stated this item has been the subject of several previous Workshops. There were four remaining issues. Based on what the Pearland Independent School District School Board has formally approved, those primary issues have been resolved. One relates to the lease rate and the Pearland Independent School District has agreed to the rate proposed by the City. Use of the gymnasium in the version approved by the School Board provides for priority use of one of the gymnasiums with access to the second one. The ability to sub lease has been taken out of the agreement by the Pearland Independent School District and the City has no problem with that. Use of the auditorium is also made available a certain number of Page 1 of 4 — 2/15/2010 days per year. The agreement is the one approved by the Pearland Independent School District Board last Tuesday. Discussion ensued between Council, Director of Parks and Recreation Michelle Smith and Assistant City Manager Jon Branson regarding the financial information included in the Revenue Management Plan and Expenses provided to Council. Councilmember Owens stated he wants to make sure that the City will have no build- out, capital layout or any other expenses not included in the agreement. Director of Parks and Recreation Michelle Smith stated the only additional cost to these programs would be equipment or services specifically for a program and those are direct expenses that would be put into the user fee. Councilmember Owens stated, at the end of the year period of time, the Pearland Independent School District has a right to come in and negotiate increases etc. We have nothing that gives us a floor or ceiling on what those possible increases may be. He asked has any of that discussion taken place at all. Assistant City Manager Jon Branson stated the City has less assurance now than what we have in the proposed agreement. It is not an ideal agreement but it is better than what we currently have. Councilmember Sherman stated it is a good program. He felt it was important to move forward with the Alvin Independent School District discussions to see if there is interest in pursuing a similar After School Program. It is just fair to the citizens who pay in that part of town. Mayor Pro -Tem Kyle asked, if in a year the Pearland Independent School District decides that they need the facility for whatever reason, what is the City's game plan then. Director of Parks and Recreation Michelle Smith stated we would then revert back to a rental agreement like we have now to utilize the different facilities. Mayor Pro -Tem Kyle asked what the expense is to the City of creating a program and pushing it to a new facility and taking it back. Director of Parks and Recreation Michelle Smith stated the man hours of relocating the equipment would be the primary expense. Any marketing for these programs is done three times a year. City Manager Bill Eisen stated there will be no cost for marketing materials because the City gets 120 days notice if they choose not to renew. Since that is about the time schedule we publish those materials, there should not be any cost there. Page 2 of 4 — 2/15/2010 Director of Parks and Recreation Michelle Smith stated it would probably be her best guess that it would take one crew of four to six people maybe a day to load up a couple of trailers and move the equipment. Councilmember Sherman reported there is an article posted by G Garrison on the Houston Chronicle web site stating, "If growth continues as expected, a new ninth grade will indeed begin enrollment at the Bailey Road Facility in 2011-2012 school year." We should keep that in mind as we move forward. Councilmember Saboe stated he is pleased that the Pearland Independent School District is allowing the City to use the auditorium facility and enabling the City to implement some programs that do not exist today. A point of contention in the past has been the use of the equipment and what happens if the equipment is damaged or does not work. How does the City track this and who is responsible for that. The City certainly ought to have a system worked out for this so that we have a good method of validation. Director of Parks and Recreation Michelle Smith stated sound equipment is one of the things that we discussed in that users would pay Pearland Independent School District staff to operate it as part of the user fee for those groups. Pearland Independent School District could release certain individuals that they approve to utilize the equipment. We will not be operating their sound and light equipment. Mayor Pro -Tem Kyle stated she is glad to see that the Pearland Independent School District and the City have been able to work out the pricing structure. That was a big hurdle for the City to get over initially given yearly overtures that we received from the School District in terms of their expectation and what we are able to do internally with our budget. She stated she is happy to see that there is some conciliation on both sides of the fence on that issue. Her only concern is that the City, in this tight budget year, is careful in taking on new things that are untried and untested and undocumented in terms of the backup for them. Her main concern is whether or not we have documentation. Councilmember Cole stated, as we roll this program out, after school programming will not happen until next school year. It might warrant, because it is brand new, once that program is up and running, to do a snapshot of how it is going and what kind of enrollment we have. Director of Parks and Recreation Michelle Smith stated she would be happy to introduce Council to the staff operating the Program and they would be happy to tell you about it. She can make those arrangements. Page 3 of 4 — 2/15/2010 Mayor Reid thanked Pearland Independent School District Facilities Manager Keith Ordeneaux for his involvement in the communication back and forth because he understands the needs of both the Pearland Independent School District and the City. Councilmember Owens stated he appreciates the Staff efforts and they have done a good job. He does want to caution that this next year is not going to be a pretty year on the budget side. Before he would go for a tax increase or any increase he is going to go for budget tightening. Even at a break even standpoint, it is a still a good program to do. He would like the Program to break even and to do a good service. Voting "Aye" Owens, Sherman, Kyle, Saboe, Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at: 7:40 P.M. Minutes approved as submitted and/or corrected this the 8th day of March, A.D., 2010. Tom Reid Mayor ATTEST: Page 4 of 4 — 2/15/2010