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2008-04-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 14, 2008, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:50 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Steve Saboe Woody Owens Helen Beckman Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Roland Garcia Fire Marshal; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported March 23, he joined State Representative Mike O'Day's visit to the San Jacinto College South Campus and attended the Keep Pearland Beautiful Board Meeting; March 26, attended the Brazoria County Judge Joe King's State of the County Luncheon and the Houston Port Economic Alliance Board of Directors Meeting; March 27, received the University of Houston Clear Lake (UHCL) Community Partnership Award from President of UHCL Dr. William Staples, was a Celebrity Waiter for the Adult Reading Center Red Hat Luncheon, and attended the Bay Area Transportation Partnership Board of Directors Meeting; March 28, attended the H -GAC Transportation Policy Council Board of Directors Meeting and joined Brazoria County Drainage District No. 4 Chairman Jeff Brennan for a visit with Congressman Nick Lampson on Clear Creek Funding; March 29, attended the Scout Troop No. 414 Eagle Scout Court of Honor as a special speaker; March 30, presented a certificate to Parks Supervisor Ron Paulus for his retirement; April 1, met with Councilmembers Steve Saboe and Helen Beckman regarding goals of City Manager Bill Eisen and attended the Pearland Area Page 1 of 14 — 4/14/2008 Chamber of Commerce (Chamber) Business Expo; April 4, attended the Partners for Pearland Awards Dinner; April 7, attended the Council Agenda Meeting, the Council Workshop, and the Council Special Meeting; April 8, Visited by Chancellor and President of the University of Houston Renu Khator and attended the Pearland Independent School District Scholarship Luncheon for graduating Seniors; April 9, attended the CEO Round Table; April 10, attended the Chamber Ribbon Cuttings for Cinderella Nails, Bones and Joints, and the Sears Appliance Store; April 11, attended the Chamber Business Before Breakfast and met with Executive Director of the Gulf Coast Water Authority Rob Istre, City Manager Bill Eisen, and Assistant City Manager Mike Hodge. Mayor Reid presented a proclamation to Police Chief J.C. Doyle, City of Alvin Crime Victim Liasion Maribel Cooper, Chaplain Jerry Skinner, and Crime Victim Liaison Gina Mendez proclaiming April 13 — 19, 2008, as "Crime Victims' Rights Week." Mayor Reid and Mayor Councilmember Cole presented a proclamation to Senior student representatives from Pearland High School proclaiming June 6, 2008, as "Project Graduation Day." Mayor Reid and Mayor Pro -Tem Saboe presented a proclamation to representatives of the Knights of Columbus Council proclaiming Arpil 26, 2008, as "21St Annual Crawfish Festival Day." COUNCIL ACTIVITY REPORTS Councilmember Owens reported he was a celebrity waiter at the Adult Reading Center Red Hat Luncheon. He also attended the Dare to Excel event where fifty-two scholarships were given to students and the Pearland Economic Development Corporation CEO Round Table with President of the University of Clear Lake President Dr. William Staples. Councilmember Beckman reported March 18 — 19, she participated in the Eyes of Pearland; March 19, attended the Brazoria County Cities Association Meeting; March 25, attended the Northern Brazoria County Education Alliance Meeting at San Jacinto College South Campus; March 26, attended the Pearland Area Chamber of Commerce (Chamber) State of the City Luncheon; March 31, attended the retirement reception for Parks Supervisor Ron Paulus; April 1, attended the KIPPERS Environmental Fair at Jamison Middle School; April 3, attended the Chamber Business Expo; April 4, attended the Houston Green Expo; April 5, participated in the City-wide Clean-up; April 8, attended the Shadow Creek Ranch Village of Emerald Bay Home Owners Association Annual Meeting; April 9, attended the Pearland Economic Development Corporation CEO Round Table with President of the University of Clear Lake President Dr. William Staples; April 10, attended the Ribbon Cutting for the Bone and Joint Clinic and the Chamber Business After Hours Meeting; April 11, attended the Chamber Breakfast and participated in the Eyes of Pearland. Page 2 of 14 — 4/14/2008 Mayor Pro -Tem Saboe passed on giving a report. Councilmember Kyle absent at the time reports were given. Councilmember Cole reported he was a celebrity waiter at the Adult Reading Center Red Hat Luncheon where $34,750 was raised, which is $10,000 more than the previous year. He also attended the Dare to Excel Lunch where Pearland High School graduates earned scholarships. CITY MANAGER'S REPORT City Manager Bill Eisen reported there will be a couple of Open Houses for City Facilities that were recently completed: the Melvin Knapp Building Open House April 18, 2008, at 5:30 p.m. and April 19, 2008, at 3:00 p.m. there will be an Open House for Fire Station No. 1 and No. 4. The University of Houston Clear Lake presented the City of Pearland with the University of Houston Community Partnership Award. This was the first time a City has received this award. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 17, 2008, Special Meeting held at 7:30 p.m. 2. Minutes of the March 17, 2008, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the March 24, 2008, Regular Meeting held at 7:30 p.m. 4. Minutes of the March 31, 2008, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1348 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW ARTICLE VI, ENTITLED SPECIAL EVENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Page 3 of 14 — 4/14/2008 C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-14 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 14.962 ACRE TRACT OUT OF THE T.J. GREEN SURVEY, ABSTRACT 290, ALSO BEING A REPLAT OF LOTS 39-42 AND 54-56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION "G", A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF THE FUTURE EXTENSION OF RIVERSTONE RANCH DRIVE, AND APPROXIMATELY 1,000 FEET SOUTH OF SUGARBUSH RIDGE LANE), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008- 13), TO ALLOW FOR A "PUBLIC ELEMENTARY SCHOOL" IN THE SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1); AT THE REQUEST OF BAY ARCHITECTS, INC., APPLICANT FOR PASADENA INDEPENDENT SCHOOL DISTRICT, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1349 — 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 AND/OR PARKS 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. Page 4 of 14 — 4/14/2008 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING PISD's LETTER DECLINING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, AMENDING CERTAIN AGREEMENTS AND REALLOCATING CDBG FUNDS FOR THE ADULT READING CENTER AND THE FORGOTTEN ANGELS ORGANIZATION. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR SIDEWALK AND STREET MAINTENANCE. Mr. Mike Hodge, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE AND REPLACEMENT OF THE FIRE DEPARTMENT'S SELF-CONTAINED BREATHING APPARATUS (SCBA'S). Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Item Al Minutes be pulled due to an error on the time of the meeting and requested the item be placed on a future agenda with the time corrected. Councilmember Owens asked that Consent Agenda Item F Resolution No. R2008-56 be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to adopt Consent Agenda Items A through G with the exception of items A-1 and Item F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Owens Consent Agenda Item F Resolution No. R2008-56 was removed for further discussion. Page 5 of 14 — 4/14/2008 COUNCIL ACTION — RESOLUTION NO. R2008-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR SIDEWALK AND STREET MAINTENANCE. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2008-56. Councilmember Owens stated the contract is a 1 -year contract with an option of a 2 - year or 1 -year renewal periods based on the consumer price index for the region. He asked if this would use the prices included and renew the contract based upon the index approval. City Manager Bill Eisen stated the City would have the option to renew with the index pricing. Discussion ensued between Council, City Manager Bill Eisen, and Purchasing Officer Bob Pearce regarding the contract. Voting "Aye" Councilmembers Cole, Owens, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Councilmember Cole left the Council Chamber at 8:35 p.m. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2008-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING THE FUTURE NATURE CENTER LOCATED AT THE JOHN HARGROVE ENVIRONMENTAL COMPLEX AS THE DELORES FENWICK NATURE CENTER. Mr. Jon Branson, Director of Parks and Recreation. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2008-54. City Manager Bill Eisen stated this item is a recommendation from the Parks and Recreation Beautification Board and is intended to recognize a person who has had a number of years participating in various City programs. Page 6 of 14 — 4/14/2008 Mayor Reid stated the Recycle Center and the Future Environmental Educational facility would not have been where they are if it had not been for Delores Fenwick. Ms. Fenwick's influence has been recognized across the City and the State. Councilmember Beckman stated Delores Fenwick has been with Keep Pearland Beautiful for many years and has contributed her time and her inspiration to the program. Voting "Aye" Councilmembers Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmember Kyle and Councilmember Cole absent. Mayor Reid, Councilmember Beckman, and Director of Parks and Recreation Jon Branson presented Resolution No. 2008-48 to Delores Fenwick. FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-13 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 0.86 ACRES OF LAND, OUT OF A 9.6809 ACRE TRACT, BEING ALL THE LAND REMAINING UNSOLD OUT OF THAT CERTAIN 13.892 ACRE TRACT OF LAND DESCRIBED IN VOLUME 636, PAGE 695, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE A.C.H. & B. SURVEY, ABSTRACT 416, AND THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 292, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND ON THE NORTH SIDE OF HASTINGS CANNON ROAD (CR 128)), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-11), TO ALLOW FOR A "GAMING ESTABLISHMENT" FACILITY IN THE GENERAL COMMERCIAL DISTRICT (GC); AT THE REQUEST OF BETTY JONES, APPLICANT FOR S. KEVIN PRICE, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Item passed, no action taken by Council. FIRST READING OF ORDINANCE NO. 2000M-50 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 18.4916 ACRES OF LAND, BEING WHISPERING WINDS, AN Page 7 of 14 — 4/14/2008 APARTMENT AND TOWNHOME SUBDIVISION, OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198, AS RECORDED IN VOLUME 17, PAGES 93-94, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE AND WEST SIDE OF WESTMINISTER DRIVE, ON THE NORTH SIDE OF WHISPERING WINDS DRIVE, AND APPROXIMATELY 600 FEET NORTH OF FM 518 (BROADWAY STREET), (ZONE CHANGE APPLICATION NO. 2008-07Z), FROM SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO MULTIPLE FAMILY RESIDENTIAL DISTRICT (MF), AT THE REQUEST OF WHISPERING APARTMENTS LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-50 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2008-07Z. City Manager Bill Eisen stated this item involves an existing apartment complex that is currently in a location zoned as Single Family Residential R-3. The owner of the facility is requesting a zone change to Multiple Family Residential District MF to make their property conform with the City's zoning. Voting "Aye" Councilmembers Owens, Beckman, and Saboe. Voting "No" None. Motion Passed 3 to 0, with Councilmember Kyle and Councilmember Cole absent. FIRST READING OF ORDINANCE NO. 2000-T-7 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to approve Ordinance No. 2000-T-7 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Ordinance No. 2000-T-7. Page 8 of 14 — 4/14/2008 City Manager Bill Eisen stated in February 2006, the Unified Development Code was adopted, along with a revised Zoning Map. One of the new zoning districts created in 2006 was the Garden O'Day Mixed Use District. Therefore, many properties located along Garden Road or O'Day Road were rezoned to Garden/O'Day Mixed Use District (GOMU). Several of these rezoned tracts had previously been zoned for industrial uses, either M-1 or M-2. Industrial uses are not permitted in the GOMU district. Staff has been working with the owners of the property that were rezoned and has discussed several options. The first option was to simply rezone those properties formerly zoned M-1 or M-2 to that previous zoning designation. The second option was for the City to amend the regulations and uses to add all the uses allowed in M-1 or M-2 districts to the GOMU district. The third option, and the one preferred by the City Council and the Planning and Zoning Commission, was for the City to amend the regulations for the GOMU district to allow for a Conditional Use Permit (CUP) that would grant M-1 or M-2 uses. Councilmember Beckman stated most of these businesses had originally received a zone change for their business, only to have the land rezoned. It is only fair to give them the opportunity to receive the zoning they need to operate. Voting "Aye" Councilmembers Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmember Kyle and Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2008-61 — 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 CITY OF FRIENDSWOOD FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE. Mr. Jon Branson, Director of Parks and Recreation. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-61. City Manager Bill Eisen stated the City accepts household hazardous waste at the Stella Roberts Recycling Center. This item is an agreement between the City and the City of Friendswood that will allow Friendswood citizens to bring their hazardous household waste to the Pearland facility. Voting "Aye" Councilmembers Owens, Beckman, and Saboe. Voting "No" None. Motion Passed 3 to 0, with Councilmember Kyle and Councilmember Cole absent. Page 9 of 14 — 4/14/2008 COUNCIL ACTION — RESOLUTION NO. R2008-58 — 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 ASSOCIATED WITH THE CULLEN PARKWAY EXPANSION PROJECT. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2008-58. Councilmember Kyle entered the Council Chamber at 8:55 p.m. City Manager Bill Eisen stated Brazoria County included funds in their Bond Election several years ago to be contributed to the Cullen Parkway Project. This item is an agreement that would provide that funding would come to the City for the project. Councilmember Owens stated this contract is not technically a cost sharing agreement because the contributions are not equal from both parties. City Manager Bill Eisen stated the City is providing a larger portion of the funds for the project. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2008-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE ORANGE STREET IMPROVEMENTS. Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2008-59. City Manager Bill Eisen stated this item would amend the existing engineering contract with JC Engineering to provide an additional $54,000 for two aspects of the project. One is the design and relocation of an existing waterline that will be under the pavement after the project is complete which would prevent future maintenance. The other item is modifications to the existing drainage design to take advantage of the proposed new Town Ditch outfall. Page 10 of 14 — 4/14/2008 Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Owens, Beckman, and Saboe. Voting "Abstain" Councilmember Kyle. Voting "No" None. Motion Passed 3 to 0, with one abstention and Councilmember Cole absent. COUNCIL ACTION — REGARDING CENTERPOINT ENERGY'S PROPOSED GAS RATE INCREASE. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to discuss CenterPoint Energy's proposed Gas Rate Increase. After discussion, this item was tabled. City Manager Bill Eisen stated this item was on a previous Council Agenda where Council voted to suspend the rate increase until further research could be completed. Information that has been provided to Council and Staff is recommending that, if the City elects to participate in either of the coalitions, the larger of the two would be the better choice. Councilmember Kyle asked if the City is aware of why there are two separate coalitions. City Manager Bill Eisen stated he has spoken to several individuals who have stated the groups have different views on certain aspects of the process. Councilmember Kyle stated she is curious to see if anyone has considered combining the two groups and having the benefit of working together and combining their information and efforts. Mayor Pro -Tem Saboe stated the City of Pearland is the largest city on the list of participants. He respects the fact that the costs are increasing and the company has to recover some of the cost. He feels it is the right of the City to obtain representation to dig deeper into the issues and verify the cost increase is valid and fair. Mayor Reid stated the Council and City Staff have to consider the citizens when making these types of decisions and the effects the price increase will have. Page 11 of 14 — 4/14/2008 City Manager Bill Eisen stated he has seen a number of rate cases in the State and has never seen a company try so hard to keep cities from looking at the numbers. It would make sense to do a meaningful analysis of the submittal process as it is completed with others that have representation that specialize in this type of case. Brief discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Douglas Ward District Manager, CenterPoint Energy stated the two different coalitions have different approaches. The Clute and Baytown coalitions denied the rates and are in the appeal process at this time. On the issue of whether or not to join the coalition, the attorneys tend to spend more when they have more pockets to access and this forces their cost up and the rates they have to charge. The CenterPoint Energy staff is limited and it takes a toll to answer the questions and provide information to the coalitions. There is no issue with the Cities reviewing the numbers behind the rate increase and the information can be provided. The Railroad Commission will do their research and there will be cost associated with the research. In the end, the cities need to consider how much they want to spend on researching the rate increase before they are spending more than the cost of the rate increase to try to prevent it. CenterPoint Energy is not against the City joining one of the coalitions, but it feels they need to be aware of the cost of joining. Mayor Pro -Tem Saboe asked if it is possible to state this is the total amount the City of Pearland is funding for this and will not go above the amount specified. Councilmember Kyle stated generally when hiring an attorney, there is a negotiation for the contract. She is not aware if the coalition has this type of agreement. The City could possibly attempt to negotiate what they want, but the Railroad Commission can push back. City Manager Bill Eisen stated if all the cities involved spend approximately the same amount of money, when it comes time to reimburse, the City will be out less until the reimbursement occurs. The cost of reviewing the information and verifying the rate increase is fair and could be offset by the rates not increasing as much as presented. Mayor Pro -Tem Saboe stated both coalitions will be excited if Pearland joins them because of the increase in funds available and he feels there needs to be research done to see which coalition is actually the best partner for the City of Pearland. Councilmember Kyle stated there should be research completed on who will represent the City the best and keep cost at a minimum. Page 12 of 14 — 4/14/2008 Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to table action at this meeting to give staff an opportunity to interview the attorneys for the two Coalitions. Discussion ensued between Council, City Manager Bill Eisen, and Douglas Ward District Manager, CenterPoint Energy regarding the rate increases. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:40 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:02 p.m. COUNCIL ACTION - REGARDING ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to modify the City Attorney's compensation program as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Page 13 of 14 - 4/14/2008 City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:04 p.m. Minutes approved as submitted and/or corrected this the 28th day of April, A.D., 2008. Tom Reid Mayor ATTEST: ungg, ty Se retary Page 14 of 14 — 4/14/2008