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2000-07-31 CITY COUNCIL SPECIAL MEETING MINUTEStos t MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 31, 2000, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Klaus Seeger Woody Owens Larry Marcott Glen Erwin Darrin Coker Young Lorfing Absent: Councilmembers Helen Beckman and Larry Wilkins. Others in attendance: Deputy City Manager Alan Mueller; Manager of Administrative Support Tobin Maples; City Engineer John Hargrove; Finance Director Jim Causey Assistant City Attorney Nghiem Doan. PURPOSE OF THE MEETING: Mayor Reid with concurrence of Council moved to Item No. 3, which is the First and Only Reading of Ordinance No. 981. FIRST AND ONLY READING OF ORDINANCE NO. 981 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT REFUNDING BONDS, SERIES 2000; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey, Director of Finance. Councilmember Owens made the motion, seconded by Councilmember Mayor Pro -Tem Seeger to approve Ordinance No. 981 on its first and only reading. Page 1 of 6 - 7/31/2000 007 Frank Ildebrando, Dane Rauscher, City Financial Advisor, addressed Council and stated as discussed in the past this ordinance is for the refinancing of certain bonds that the City has outstanding. The proposed ordinance will allow the refunding of existing Certificates of Obligation (1990,1991, and 1992), in orderto realize a present value savings from lower interest rates. The new bonds will be placed with Chase Bank of Houston, upon, which a portion of the proceeds will be invested in certain securities and applied to the payments of principal and interest on the refunded bonds. The amount of the refunded bonds is 1990 Certificates of Obligation $10,000,000,1991 Certificates of Obligation $810,000 and the 1992 Improvement Bonds $1,075,000 for a total of $11,885,000. Mr. Ildebrando gave a detailed presentation regarding the Permanent Improvement Refunding Bonds Series 2000. He stated that the current fiscal year, the City will save $332,993, and $6,913 next year, then three years of approximately $220,000 each, and the total expenditure to the City for the sale of the bonds is approximately $200,000. The overall savings on the bonds is $1,015,203, after all expenses are paid on these transactions. Additional discussion ensued between Council and the City Financial Advisor regarding the details of the sale of the bonds. Voting "Aye" Councilmembers Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent. COUNCIL ACTION - PRESENTATION OF 2000 CERTIFIED APPRAISAL ROLL FOR THE CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE. Mr. Jim Causey, Finance Director. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to accept the 2000 Certified Appraisal Roll for the City of Pearland and associated new construction value. Finance Director, Jim Causey stated that the City has received the Certification of the 2000 Appraisal Roll for the City of Pearland for the Council's acceptance. Mr. Causey stated that the numbers are substantially larger than last year. The taxable value for the 2000 Appraisal Roll is $1,524,504,879, estimated Taxable value for the 2000 Supplemental Roll is $46,208,808, the Net Taxable value is $1,570,713,687. Councilmember Marcott asked if the increase in value is due to the construction new homes? Page 2 of 6 - 7/31/2000 Finance Director, Jim Causey, stated that the Chief Appraiser does not have that break down yet, but he suspects that it is due to the new home construction. He further stated when he gets that report in, he will forward a copy to Council. Councilmember Owens asked what the City had last year? Finance Director, Jim Causey, reported that the value was approximately $1,321,000,000 Additional discussion ensued between Council and Mr. Causey regarding the amount of property value that is being protested by taxpayers and various other areas of the property values such as mobile homes, personal property, and tax abatements. Voting "Aye" Councilmembers Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent. FIRST AND ONLY READING OF ORDINANCE NO. 979 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADDING SECTION 30-103 TO CHAPTER 30 OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROVIDING FOR THE RECONCILIATION OF THE TERMS OF A STRATEGIC PARTNERSHIP AGREEMENTAND RELATED AGREEMENT WITH THE DEVELOPERS OF PROPERTY WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION WITH THE CITY CODE AND RELATED DEVELOPMENT REGULATIONS; MAKING CERTAIN FINDINGS RELATED THERETO; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO MAINTAIN ORDERLY DEVELOPMENT OF LAND INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 979 on its first and only reading. City Attorney, Darrin Coker, stated this item is related to the Friendswood Development Agreement the City recently entered into with Lennar Homes, Inc. for development of a residential community in the City's ETJ (Highway 6 at FM 521 vicinity). As part of the agreement, the City agreed to a strategic partnership agreement, which determines the conditions of development, which includes, but are not limited to lot sizes, yard setbacks, Page 3 of 6 - 7/31/2000 404 - and size of streets. Because certain development standards, as identified in the development agreement, will deviate from existing City criteria, it is necessary to pass an ordinance indicating that the terms of a strategic partnership agreement entered into pursuant to Section 4.0751, of the Texas Local Government Code, shall govern when conflict with the City arises. Deputy City Manager, Alan Mueller, stated that this is a recommendation from our attorney, Charles Williams. The general statement is that an agreement cannot supercede an ordinance, and keeps us procedurally in check. Councilmember Owens asked about the eaves? Deputy City Manager, Alan Mueller, reported that eaves are limited to 18", and in the text of the land use agreement. Councilmember Marcott asked why does this ordinance have to be passed as an emergency? City Attorney, Darrin Coker, stated that because this is a special meeting the City Charter does not allow us to pass an ordinance at a special meeting unless it is declared an emergency and read-only once. Councilmember Marcott asked if there need for this to be an emergency? City Attorney, Darrin Coker, stated that it is important the we get this passed. Ideally, this would have been on the same agenda as the development agreement, however, it was not ready at that time. He further stated that there is not a set standard for declaring an emergency reading. The City Council can declare, if the body deems it an emergency, it can be passed as an emergency. Voting "Aye" Councilmembers Seeger and Owens. Voting "No" Councilmember Marcott. Motion Passed 2 to 1, with Councilmembers Beckman and Wilkins absent. FIRST AND ONLY READING OF ORDINANCE NO.980 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PROCEDURES NECESSARYTO PROPERLY IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S EMERGENCY WATER DEMAND MANAGEMENT PLAN; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A Page 4 of 6 - 7/31/2000 REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 980 on its first and only reading, and to amend the ordinance to reflect a zero dollar amount fined for the first offense. City Manager, Glen Erwin, stated several years ago the City passed a water conservation ordinance, and for some reason there was not any type of penalty associated with the non- compliance of the ordinance. This ordinance will authorize variances for businesses and nurseries and such as that. City Attorney, Darrin Coker, stated the penalties kick in at the time that a moderate condition is declared and then ultimately a severe condition declared. Mr. Coker further stated under the duties of the City Manager, when the usage levels reach 95% of the capacitythen the City Manager shall declare a moderate condition and shall implement the apporiate measures as identified in the ordinance. So, once the threshold is met to implement the penalties. Mr. Coker further explained the methods by which the City will contact the water users. He also explained the penalty end of the ordinance is $100 for the first occurrence and each subsequent penalty shall be punishable by $500. Councilmember Owens stated that he would rather see a warning issued for the first violation. He also commented that the residents may not also know that a penalty is in effect, because of the lack of the communication. Mayor Pro -Tem Seeger stated that he also likes the idea of a warning the first time. Assistant City Attorney, Nghiem Doan stated that in lieu of giving a warning, assess a small fine so that the municipal court will be able to track the offenders. A warning is difficult to administer. Lengthy discussion ensued between Council and Staff regarding the penalty and the administration and the enforcement of the penalty, and the various ways the residents could be notified at the time penalty is in effect. Stella Roberts asked will the City also have to adhere to the regulations of the ordinance during a period of time that water is being conserved. City Attorney, Darrin Coker, stated that the City will be regulated like everyone else and during severe conditions no water is allowed for City parks or grounds. Page 5 of 6 - 7/31/2000 ft0F Deputy City Manager, Alan Mueller reported that Staff is working on additional revisions to the water conservation ordinance, basically this adopting the language that was passed in the resolution for 1996. There are a lot of things in the current ordinance that has to be addressed. Additional discussion ensued between Council and Staff regarding the penalty for the first violation of the ordinance. Councilmember Marcott stated he feels it would have been apporiate to have some comments at the last Regular Council Meeting regarding the water situation, if the City was on a temporary or voluntary reduction. He further stated that it should have been discussed at the Council Meeting. Voting "Aye" Councilmembers Seeger and Marcott. Voting "No" Councilmember Owens. Motion Passed 2 to 1, with Councilmembers Beckman and Wilkins absent. ADJOURNMENT Meeting was adjourned at 7:30 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 28h day f August, 2000. Tom Reid Mayor ATTEST: Page 6 of 6 - 7/31/2000