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2012-12-03 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 3, 2012, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:00 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Susan Sherrouse Woody Owens Scott Sherman Keith Ordeneaux Greg Hill Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Pearland Economic Development Corporation; Trent Epperson Director of Engineering and Capital Projects; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Michelle Smith Director of Parks and Recreation; Sparkle Anderson Public Affairs Manager; Nghiem Doan Deputy City Attorney; Harold Ellis Senior Planner. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2012-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE PLANNED DEVELOPMENT OF THE SH 288 TOLL LANES PROJECT ("PROJECT"), MAKING A FINANCIAL COMMITMENT TO THE PROJECT, AND APPOINTING A MEMBER TO SERVE ON THE SB 1420 COMMITTEE. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-178. Assistant City Manager Mike Hodge reported on November 27, 2012 the City received a letter from the Texas Department of Transportation inquiring about our interest in participating financially in the Harris County portion of the SH 288 Toll Project. TxDOT is creating a 1420 Committee to evaluate different funding options, which may include private investment. For this reason, membership on the Committee is extended to each city or county that provides funding or right- of-way for the project. This is part of the project development process laid out in SB 1420. We have scheduled this agenda item so that the City Council may consider if participation in the project and the 1420 Committee is desired. If so, a resolution has been prepared for Council consideration. Page 1 of 5 — 12/3/2012 Commissioner Matt Sebesta stated the 1420 Committee gives local entities a voice in what is being done locally. Especially in Comprehensive Development Agreement projects. The 1420 Committee will help to decide the distribution of the project financial risk, the method of project financing, and the project tolling structure methodology. TxDOT has contacted the City asking if the City would like to be a part of the project and the 1420 Committee. Mayor Reid stated the Transportation Policy Council is set to appoint Commissioner Matt Sebesta as the Houston -Galveston Area Council representative to the 1420 Committee. He further stated having Matt Sebesta as a representative on the 1420 Committee would be beneficial to the City as he would be representing Brazoria County on the City's behalf. City Manager Bill Eisen stated the City will need to make a decision and reply to TxDOT by December 7, 2012. The cost of participating could be very substantial. One portion of the project discussed was building one of the direct connectors which could be from 10 to 20 million dollars. He further stated the question would be does the City feel there would be enough benefit for the City to financially participate to have a seat on the 1420 Committee. He further stated particularly knowing that Commissioner Matt Sebesta is going to be appointed to the 1420 Committee he believes the City will be well represented. Councilmember Sherman stated the traffic problems start before the Beltway on SH 288. He feels the City of Pearland has a real interest in seeing the Harris County portion of SH 288 is done correctly. He further stated the main concern to Harris County may not be SH 288 and the Beltway. Harris County's main concern may be the beltway and 610. He believes Commissioner Sebesta will be a great partner on the 1420 Committee and feels the City would benefit by having two voices on the Committee. Commissioner Sebesta stated the functions of the 1420 Committee is not so much developing the scope of the project, but the distribution of financial risks, method of project financing, and the project tolling structure methodology. He further stated if at some point and time the 1420 Committee decides this is not going to be a Comprehensive Development Agreement then the 1420 Committee would be dissolved. TxDOT would consider another method to put the project together. The scope of the 1420 Committee is somewhat limit. Commissioner Adams stated the most important thing in his view of the 1420 Committee is the tolling structure. If their tolling structure is contrary to ours it could doom the City and Brazoria County. He further stated he would recommend the City to participate and believes the City could participate in a way that would not be that substantial. 1 Page 2 of 5 — 12/3/2012 Commissioner Sebesta stated in the Statute there is not a definition of financial buy in. He further stated 95% of Brazoria County residents will be utilizing this facility. Mayor Pro -Tem Sherrouse stated she would like to see the City of Pearland represented on the 1420 Committee to make sure the citizens have a voice. City Manager Bill Eisen stated based on what the City has been told by TxDOT the City would need to indicate what segment they are willing to participate in and the same time name the representative that will be on the 1420 Committee. Assistant City Manager Mike Hodge stated he asked TxDOT District Engineer Mike Alford if there was a financial threshold. Mr. Alford said there was none that he was aware of, the City would offer an amount and it would be sent to the Legal Staff in Austin, Texas and they will consider if the amount is substantial. Councilmember Owens stated he believes it is important for the City to have a representative on the 1420 Committee. Mayor Reid stated if the City participates on the 1420 Committee the City will not have a voice in the control or design of traffic, but to influence where the finances come from to make it happen. Councilmember Hill stated the City should be at the table and have a voice to make sure the City's interest is taken care of. Mayor Pro -Tem Sherrouse stated she would recommend sending a letter using the wording from the Statute that the City would like to participate to have a seat at the table, the name of the person will be determined at a later date. Councilmember Ordeneaux stated what he is hearing is the City needs a seat at the table. He further stated he likes the idea Mayor Pro -Tem Sherrouse recommended to send a letter using the wording from the Statute that the City would like to participate. City Manager Bill Eisen stated Staff has enough direction to move ahead with sending a letter. He further stated this is an action item and Council would need to make a motion and vote on it. Mayor Pro -Tem Sherrouse made an amendment to the motion, seconded by Councilmember Sherman, to pass Resolution No. R2012-178 to send a letter with the change to remove the financial that the City will appoint a 2014 Committee member at a future date. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Page 3 of 5 —12/3/2012 Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into a Workshop at: 7:47 p.m. NEW BUSINESS (CONTINUED): Council returned from a Workshop at 8:51 p.m. COUNCIL ACTION — RESOLUTION NO. R2012-168 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING CONVENTION AND VISITORS BUREAU ADVISORY BOARD; ESTABLISHING MEMBERSHIP CRITERIA; DETERMINING BOARD AUTHORITY AND ADOPTING RULES FOR MEETINGS OF THE BOARD. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-168. City Manager Bill Eisen reported Council is being asked to approve the resolution and any other matters related to incorporating the tourism promotion function into the City organizational structure. Discussion ensued between Council and City Manager Bill Eisen regarding the time frame to hire a new Director. Voting "Aye" Councilmembers Owens, Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at: 9:01 p.m. J Page 4 of 5 — 12/3/2012 1 Minutes approved as submitted and/or corrected this the 28th day of January, A.D., 2013. Tom Reid Mayor ATTEST: / f C* Secretary Page 5 of 5 — 12/3/2012 1 THIS PAGE WAS LEFT BLANK INTENTIONALLY