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2009-07-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 13, 2009, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:46 p.m. with the following present: Mayor Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Woody Owens Scott Sherman Kevin Cole Bill Eisen Darrin Coker Young Lorfing Absent: Mayor Pro -Tem Felicia Kyle and Councilmember Steve Saboe Others in attendance: Jon Branson Assistant City Manager; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Bonita J. Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; David Whittaker Director of Inspection Services. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported June 23, he attended the Emergency Operations Center Web Training and cut the ribbon for the Hilton Garden Inn; June 24, met with Congressman Pete Olsen's District Chief and attended the Houston Port Alliance Board of Directors Meeting; June 25, attended the Emergency Operations Center Hurricane Briefing, the Pearland Chamber of Commerce Ribbon Cutting for Sleep Inn Hotel, the BayTRAN Executive Committee Meeting, and the North Star Scout District Meeting; June 26, attended the H -GAC Transportation Policy Council Board of Directors Meeting; June 29, presented a Proclamation to retiring Brazoria County Head Librarian Dede Williams and attended the Council Workshop and Special Meeting; June 30, presented a Proclamation to retiring City of Pearland Director of Human Resources and Safety Management Mary Hickling; July 4, led the Bellavita July 4th Parade, and attended the City of Pearland July 4th Event at The Rig; July 6, attended the Agenda Meeting and joined City Manager Bill Eisen, Assistant City Manager Jon Branson, and Brazoria County Commissioner Matt Sebesta for the H -GAC Park and Ride Meeting; July 7, attended the Pearland Economic Development Corporation interview; July 8, attended the Adult Reading Center Board of Directors Meeting and Chaired the Pearland Area Citizens Corps Board Meeting; July 9, attended the Pearland Chamber of Commerce Ribbon Cutting for three new businesses, the Shadow Creek Ranch Business Connection Event, and spoke to the Country Place Women's Association; July 13, Page 1 of 13 — 7/13/2009 attended the Ribbon Cutting for the CR 101 bridge. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the City of Pearland July 4t" Event and stated it was an excellent event. Councilmember Sherman reported he attended the Pearland Chamber of Commerce SH 288 Corridor Meeting which was very productive. He stated the Mayor, Councilmembers, and Staff have been making his transition into Council as easy as possible and he looks forward to working with all of them in the future. Mayor Pro -Tem Kyle and Councilmember Saboe were absent. Councilmember Cole reported he attended the Hilton Garden Inn Ribbon Cutting and the Brazoria County Alliance Board Meeting. He also attended the City July 4t" Celebration, which was a wonderful event, and the Pearland Chamber of Commerce SH 288 Corridor Meeting. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Bonita Hall Director of Human Resources and Safety Management and David Whittaker Director of Inspection Services. City Manager Bill Eisen stated the Parks and Recreation Department has received two awards at the recent State Association Meeting. Director of Parks and Recreation Michelle Smith stated the Texas Festivals and Events Association recognized the Parks and Recreation Department for "Best Event Photo" for the Paws in the Park Event and "Best Environmental Program" for the Winterfest. CITIZENS Michelle Bryant, 1815 Branch Hill Drive, addressed Council and stated she would like to question the decision of the City Manager's Office to allow residents of Shadycrest to block Oak Estates resident's access to Independence Park, the Library, the football field, and numerous other private businesses. She is referring to the fence erected at the end of Mary's Creek Lane west with the permission of the City Manager's Office. The fence was erected on private property without obtaining the permission of the owner Clinton Wong. The City Manager's Office is currently trying to obtain this permission after the fact. She is also referring to the fence that was erected at Shadycrest Lane that blocks Oak Brook residents from the football stadium. The residents in Oak Brook have the same rights to access all the mentioned parks and facilities and the fences are blocking them in. Page 2 of 13 — 7/13/2009 Preston Howard, 1820 Barretts Glen Drive, addressed Council and stated he moved to Oak Brook Estates and liked the neighborhood because of the friendly neighbors and children they saw playing. Clinton Wong, the developer, has gone out of his way to ensure the neighborhood does not have the open spaces for parks and recreational areas that are defined in the Planned Unit Development (PUD). The original PUD stated there would be 7.5 acres reserved for open space. Since the original PUD was signed, there have been additional Plats approved. As of today, there are only 2.5 acres set aside for open space, of which only 1.2 acres is usable for a park. When looking at the locations on the Plat, it is obvious the land designated for open space is only left over land that is not usable for a park or green space. The neighborhood does not meet the guidelines specified in the 1999 Pearland Comprehensive Plan. The Developer continues to delay specifying the open spaces and, based on past behavior, he does not believe the open space will be designated. Gilbert Allison, 1855 Cullen, addressed Council and stated he does not feel what Council wants done, does not trickle down to the lower entities and Staff. He has had an issue that has been with the Planning and Zoning Commission for over one hundred and twenty days. He is being forced to turn people away from his business and it has been costing him $7,500 per month. The City changed the zoning of his property without notifying him and he has been told the grandfather clause is dead. He has been in the City since 1998 and he cannot get water and sewer in his building. He appreciates the concern of the Council and needs their help. Jerry Massey, 8305 Hughes Ranch Road, addressed Council and stated the Paradise Cemetery is located across from his property and he would like the help of the City to get a fence erected around the cemetery. There is a lot going on in the cemetery during the day and night such as parking, drug abuse, and fires. A fence needs to be erected to protect the residents in the area. He has spoken with a representative from the cemetery, but has not gotten a solid answer. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 15, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the June 15, 2009, Special Meeting held at 7:00 p.m. 3. Minutes of the June 22, 2009, Regular Meeting held at 7:30 p.m. Page 3 of 13 — 7/13/2009 B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1395 — 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 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. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1396 — 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 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. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING THE BRAZORIA COUNTY TAX ASSESSOR — COLLECTOR, RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE AND ROLL BACK RATE FOR TAX YEAR 2009. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Page 4 of 13 — 7/13/2009 Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-62 — 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, 10.0 ACRES OF LAND, BEING 10.000 ACRES OF LAND OUT OF THE NORTHWEST ONE QUARTER OF THE SECTION 17, H.T. AND B.R.R. SURVEY, ABSTRACT 242, PEARLAND TEXAS AND BEING PART OF THE TRACTS DESCRIBED AT VOLUME 1757, PAGE 661 AND VOLUME 1757 PAGE 665, BRAZORIA COUNTY DEED RECORDS (BCDR) (GENERALLY LOCATED EAST OF CULLEN BOULEVARD, WEST OF TRANQUILITY LAKES DEVELOPMENT AND SOUTH OF BROADWAY (ZONE CHANGE APPLICATION NO. 2009-03Z), FROM CLASSIFICATION GENERAL COMMERCIAL (GC) TO MULTI FAMILY -PLANNED DEVELOPMENT (MF -PD), AT THE REQUEST OF BLAKE RUE, APPLICANT, ON THE BEHALF OF GLASS 518 JOINT VENTURE, 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. Mike Hodge, Assistant City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-62 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. 2009-03Z. City Manager Bill Eisen stated this item is a zone change that would allow the construction of a senior citizen housing facility. The zone change request has been considered by the Planning and Zoning Commission and is recommended for approval with specified conditions. Councilmember Cole stated it is his understanding that the owners of this facility are relying on a tax credit from the State and if that is not received the project will not move forward. Because of this, he would like the zoning to be tied into the project specifically. Doak Brown, Brownstone Pearland Senior Village, Ltd., stated the tax credits for this project will be obligated to this project on July 30, 2009. Page 5 of 13 — 7/13/2009 City Attorney Darrin Coker stated making the zoning specific to the project would be contact zoning and he does not recommend taking that route. The Council does have the option to defer the second reading of the Ordinance to after the tax credits have been awarded. He stated Council also has the option to unilaterally change the zoning of the property at a later date if needed. Discussion ensued between Council, City Attorney Darrin Coker, and Doak Brown, Brownstone Pearland Senior Village, Ltd., regarding the zone change. Voting "Aye" Councilmembers Cole, Sherman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. FIRST READING OF ORDINANCE NO. 2000M-64 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, FOR AMENDMENTS TO THE PREVIOUSLY APPROVED BELLAVITA PLANNED DEVELOPMENT, A CERTAIN REAL PROPERTY, 211.9140 ACRES LOCATED IN THE W.D.C. HALL SURVEY, A-23 HARRIS CO., TX (BELLAVITA AT GREEN TEE), (GENERALLY LOCATED NORTH OF BROADWAY STREET AND WEST OF DIXIE FARM ROAD), (ZONE CHANGE APPLICATION NO. 2009-06Z), AT THE REQUEST OF RENEE L. MCGUIRE, APPLICANT, FOR GREEN -HOLLOW LTD., OWNER, TO PERMIT R-4 ZONING YARD REQUIREMENTS AND LOT COVERAGE, 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. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-64 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. 2009-06Z. City Manager Bill Eisen stated Council has previously conducted a Workshop and Joint Public Hearing on this zone change request. The zone change involves the original Planned Development (PD) for this development that had certain requirements related to the R-3 Zoning and also some requirements for the R-4 Zoning. There were some errors made in the original Ordinance regarding setback requirements. This item is a proposed modification to the Ordinance that would recognize the setbacks that are currently in place as compared to the setbacks in the original PD. Page 6 of 13 — 7/13/2009 Jim Gorman, 1503 N. Marsala Drive, addressed Council and stated he supports this zone change request and would appreciate the approval of Council. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. . FIRST READING OF ORDINANCE NO. 2000-T-11 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY, SPECIFICALLY REGARDING REDUCTIONS IN M-1 AND M-2 DEVELOPMENT REQUIREMENTS, CHANGE IN PARKING REQUIREMENT, ACCESSORY STRUCTURES, AND POOLS, ETC.; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000-T-11 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval. City Manager Bill Eisen stated this item has been the subject of a previous Workshop and Joint Public Hearing. The City submitted the request to make several modifications to the Unified Development Code. All the proposed amendments are consistent with the previous discussions conducted by Council and the Planning and Zoning Commission. Voting "Aye" Councilmembers Cole, Sherman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. FIRST READING OF ORDINANCE NO. 1399 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND CREATING THE OFFICE OF CITY MARSHAL, ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL, PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL'S AUTHORITY; CONTAINING A REPEALING CLAUSE, A SAVINGS CLAUSE AND; A SEVERABILITY CLAUSE AND Page 7 of 13 — 7/13/2009 PROVIDING FOR CODIFICATION. Mr. Darrin Coker, City Attorney. Item passed to a future agenda; no action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2009-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $3,140,000 UNLIMITED TAX REFUNDING BONDS, SERIES 2009. Mr. Darrin Coker, City Attorney. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-111. City Attorney Darrin Coker stated this item is a request by Municipal Utility District No. 6 (MUD No. 6) to issue unlimited tax refunding bonds, which will save the MUD approximately $118,000 by refunding debt that was issued in 1999. The City requires MUD No. 6 to receive consent from the City prior to making any bond issuance. Councilmember Owens asked what would happen if Council did not approve this item. City Attorney Darrin Coker stated Municipal Utility District No. 6 would have other avenues to try to obtain approval for the bond issuance; however, this bond issuance would benefit the City as well as the MUD. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. FIRST AND ONLY READING OF ORDINANCE NO. 1397 — AN ORDINANCE AUTHORIZING SECOND AMENDMENT OF ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS WATER AND SEWER SYSTEM ADJUSTABLE RATE REVENUE BONDS, SERIES 1999; PROVIDING FOR THE CONVERSION TO FIXED RATE OF CERTAIN OF SUCH BONDS; AUTHORIZING AND RATIFYING CERTAIN ACTIONS OF CITY OFFICIALS WITH REGARD TO SUCH CONVERSION; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1397 on its first and reading. City Manager Bill Eisen stated the City has a relatively small amount of adjustable rate bonds associated with the water and sewer system and periodically the opportunity to Page 8 of 13 — 7/13/2009 establish a new variable rate or change the rate to a fixed rate occurs. Ryan O'Hara, RBC Capital Market, provided Council with a review of the proposed bond sale. Rick Witte, Andrews and Kurth, L.L.P., stated the item for consideration is a Draft Ordinance to authorize the City to take actions regarding the conversion. Rick Witte provided Council with details of the proposed Ordinance. Discussion ensued between Council and Ryan O'Hara, RBC Capital Market, regarding the bond sale. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-113 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN ASSIGNMENT AND ASSUMPTION AGREEMENT. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-113. City Attorney Darrin Coker stated, in 2006, Council entered into a Development Agreement with Transwestern for improvements associated with FM 518 and others in that area. The City Council consented to the assignment of the Development Agreement to Amreit Realty Investment Corporation ("ARIC"). The City subsequently consented to the assignment of Amreits receivables under the Agreement to Stonelake Partners, however the transaction with Stonelake Partners was never consummated. At this time ARIC has requested that the City consent to the assignment of the Agreement to Amreit, the parent company that wholly owns ARIC, for tax purposes. Voting "Aye" Councilmembers Cole, Sherman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. Page 9 of 13 — 7/13/2009 COUNCIL ACTION — RESOLUTION NO. R2009-114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF TWO SOLID WASTE GRANT APPLICATIONS TO HOUSTON-GALVESTON AREA COUNCIL ("HGAC"). Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-114. City Manager Bill Eisen stated this item authorizes Staff to submit two grant applications. The first grant will be for recycle bins to be added in specified areas throughout the City and the second is to add additional equipment in the collection area that would allow the disposal of fluorescent bulbs. The authorization to submit these grant applications is consistent with Council's approval to make the City a "Green City." Voting "Aye" Councilmembers Cole, Sherman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. FIRST READING OF ORDINANCE NO. 531-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF ALLOWING SALES OF ALCOHOLIC BEVERAGES IN CERTAIN NONCONTIGUOUS AREAS BY MIXED BEVERAGE PERMIT HOLDERS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 531-1 on its first reading. City Attorney Darrin Coker stated the purpose of this action is to modify the Ordinance pertaining to alcoholic beverages to address a unique situation that has occurred in the City. Fish City Grill, located at the Pearland Town Center, has an eating area that is separated by a sidewalk where patrons are able to eat and drink. The Texas Alcoholic Beverage Commission has stated it is illegal for the establishment to serve alcoholic beverages in this area without a special permit authorized by the City. Councilmember Cole asked if this will be something the City will need to address on a case-by-case basis for businesses in the City. City Attorney Darrin Coker stated the amendment to the Ordinance would address this Page 10 of 13 — 7/13/2009 issue for all businesses within the City. Voting "Aye" Councilmembers Cole, Sherman, and Owens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. FIRST AND ONLY READING OF ORDINANCE NO. 1398 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (CULLEN PARKWAY), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 1398 on its first and only reading. City Manager Bill Eisen stated this Ordinance would decrease the speed limit along Cullen Parkway to thirty-five miles per hour because of construction projects in the area. The lower speed limit is posted; however, Police Officers are unable to enforce the lower speed limit without the approval of the proposed Ordinance. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-116 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-116. City Manager Bill Eisen stated the proposed Resolution renews an existing contract for engineering service with John Hargrove. Mr. Hargrove retired from the City four years ago and has continued to provide services on a contract basis. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Page 11 of 13 — 7/13/2009 Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC TO REVISE CERTAIN DISCRETIONARY CHARGES; SUSPENDING THE EFFECTIVE DATE FOR ANOTHER NINETY DAYS; AUTHORIZING THE SETTING OF INTERIM RATES; AUTHORIZING THE CITY.TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE TEXAS COAST UTILITIES COALITION ("TCUC"); AUTHORIZING THE HIRING OF COUNSEL AND EXPERTS THROUGH TCUC; REQUIRING THE REIMBURSEMENT OF COSTS; AUTHORIZING THE CITY'S INTERVENTION AS PART OF TCUC AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN DOCKET NO. 37105; DETERMINING THAT THE MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-110. City Attorney Darrin Coker stated the City is a member of the Texas Coast Utilities Coalition which is a coalition that has join together whenever there are proposed rate increases by utility companies. There has been a request by Centerpoint Electric to increase the discretionary charges. The proposed Resolution would allow the City to set interim rates to what Centerpoint has requested, but will reserve the City's rate- making jurisdiction. If the City does not take action and the higher rate is not approved, the City will still be required to pay the higher rate. Walter Bartel, CenterPoint Energy, stated the proposed fee increase varies depending on the discretionary charge. These fees include items such as move -in and move -out fees. These fees will be reduced as Centerpoint is able to utilize technology that allows these services to be performed at a lower cost. This action by Centerpoint is the first step to enabling the company to lower the fees for all the discretionary fees. Voting "Aye" Councilmembers Owens, Sherman, and Cole. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Kyle and Councilmember Saboe absent. Page 12 of 13 — 7/13/2009 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:00 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 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 10:57 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:58 p.m. Minutes approved as submitted and/or corrected this the 27th day of July, A.D., 2009. • • ��� • �� r Tom Reid Mayor Page 13 of 13 — 7/13/2009 THIS PAGE LEFT BLANK INTENTIONALLY