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2009-07-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 27, 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 7:35 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Felicia Kyle Woody Owens Scott Sherman Steve Saboe Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; J.C. Doyle Police Chief; Roland Garcia Fire Marshal; Bonita J. Hall Director of Human Resources and Safety Management; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Reverend Dr. Brian K. Gigee, New Life Lutheran Church, and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 15, he joined Assistant City Manager Jon Branson at the BayTRAN Luncheon and attended the Brazoria County Cities Association Monthly Meeting; July 16, represented Pearland at the Texas Association Regional Council Quarterly Meeting; July 18, introduced Congressman Pete Olson at the Pearland Chamber of Commerce Public Event; July 20, attended the Agenda Meeting, the Council Special Meeting, and the Joint Public Hearing with Council and the Planning and Zoning Commission; July 21, attended the H -GAC Monthly Board of Directors Meeting and the Keep Pearland Beautiful Board of Directors Meeting; July 22, spoke at the proposed Water Lights Business CO-OP; July 23, attended the Pearland Chamber of Commerce Ribbon Cutting for Mooyah Burgers, the BayTRAN Board of Directors Meeting, and joined Assistant City Manager Jon Branson for the Houston Engineers Club Luncheon; July 24, attended the Policy Council Board of Directors Meeting; July 27, attended the Audit Committee Meeting. Page 1 of 15 — 7/27/2009 COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the opening of the new Pearland Chamber of Commerce facility which is a very modern, up-to-date facility and the type that will not be seen in the area. He took part in a one-person protest and did not attend the Town Hall Meeting for Congressman Pete Olson. He does not have a problem with the Party; he is unhappy with the Federal Government. He encourages everyone to review the Health Care Bill and realize that it is not for the people. Councilmember Sherman reported he attended the Pearland Chamber of Commerce opening, the Town Hall Meeting for Congressman Pete Olson, and the Site Dedication Service for the Athletic Club located at the Water Lights. The facility will be a great development and the first large building in the Water Lights location. He also attended the Texas Municipal League Newly Elected Officials Orientation, which is an overview of city government. Mayor Pro -Tem Kyle stated she attended the Pearland Chamber of Commerce opening of their new facility. The facility is state-of-the-art and congratulated Chamber Staff for having the foresight for this type of development. She attended the Site Dedication Service for the Athletic Club located at the Water Lights which will be a great facility with something for everyone. She also attended the Town Hall for Congressman Pete Olson. Councilmember Saboe stated he has been out of the City for most of the month of July and was surprised that the population of Pearland increased in the short time he was gone. Councilmember Cole reported he attended the Houston Contractors Association Meeting where he heard from the Executive Director of the Texas Department of Transportation. He also attended a meeting from a group that is putting on an airport marketing effort for the Brazoria County Airport and the Pearland Regional Airport. Several members of the Council attended the Brazoria County Cities Association where H -GAC put on a very informative presentation. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Regional Transportation Council approved a grant application submitted on behalf of the City of Pearland for a Park and Ride facility to be located in the SH 288 Corridor. The next step in the process is for Connect Transit and Metro to reach an agreement on specific operating terms. The process has taken a couple extra years than originally expected, but the City was able to save ninety-four percent from the original proposal. A meeting will be held between the City Council and the Brazoria County Commissioners Court in the near future when a date is established. Page 2 of 15 — 7/27/2009 CITIZENS Nancy Kozanecki, 3705 Pine Branch, addressed Council and stated there is a problem in the Pine Hollow Subdivision with residents storing boats on the street. Chapter 29 of the Traffic Ordinance does not cover vehicles less than twenty-five feet. She would like to see the Ordinance amended to address boats and trailers. There have been many instances that have jeopardized the safety of residents when drivers are unable to see around the boats and trailers. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 29, 2009, Special Meeting held at 6:00 p.m. 2. Minutes of the June 29, 2009, Special Meeting held at 6:30 p.m. 3. Minutes of the July 6, 2009, Special Meeting held at 6:00 p.m. 4. Minutes of the July 13, 2009, Regular Meeting held at 7:30 p.m. 5. Minutes of the July 20, 2009, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 3 of 15 — 7/27/2009 C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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; PROVID- ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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; PROVID- ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 15 — 7/27/2009 F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM FELICIA KYLE'S ABSENCE FROM THE JULY 13, 2009, REGULAR COUNCIL MEETING. City Council. G. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE JULY 13, 2009, REGULAR COUNCIL MEETING. City Council. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1401 — 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 WATER PLANT 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. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1400 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATERLINE 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 5 of 15 — 7/27/2009 J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1402 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER 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. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR TIRES. Mr. Bill Eisen, City Manager. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2009. Mr. Bill Eisen, City Manager. M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF A FUEL TANK. Mr. Bill Eisen, City Manager. Councilmember Sherman asked that Consent Agenda Item K be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt Consent Agenda Items A through M with the exception of item K, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 6 of 15 — 7/27/2009 MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Sherman Consent Agenda Item K was removed for further discussion. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR TIRES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-119. City Manager Bill Eisen stated this item is the award of a contract for the purchase of replacement passenger and light truck tires and associated tire services as needed throughout the City fleet. Councilmember Sherman stated he would like a comparison of the cost saved for using a vendor in the City as opposed to using a vendor outside of the City. Purchasing Officer Bob Pearce stated there is no exact calculation for the cost comparison. The decision was based on the amount of time it would take an employee to take the vehicle to a facility in Pearland versus taking the vehicle to another city. Councilmember Owens stated he feels it is good to make decisions based on the best value for the City. He has stated in the past that he would like to see more business kept within the City. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-117 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF HELEN BECKMAN. Mayor and Council. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-117. Page 7 of 15 — 7/27/2009 Mayor Reid presented Helen Beckman with Resolution No. R2009-117 and a plaque recognizing her services and contributions as Councilmember Position No. 2. Helen Beckman stated the City of Pearland has one of the best governmental bodies around. The Elected Officials and Staff are wonderful and it has been a privilege to serve to the citizens of the City. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. 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 PROVIDING FOR CODIFICATION. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1399 on its first reading. City Manager Bill Eisen stated this item was the subject of a Workshop held previously by Council. The purpose of the program is to reduce the number of outstanding warrants for the City Municipal Court. He believes, due to the number of outstanding warrants, the best action would be to establish the Marshal's Office and act on several of the suggestions that have been discussed previously. Mayor Reid stated the City has had an issue with court fines not being paid, however, he would prefer the ordinance to specify a Court Warrant Officer or a position that does not create the image of a powerful Wyatt Earp type individual in the community. Councilmember Saboe stated the Police Officers Association has submitted several recommendations that seem to make sense and asked what originally made Staff decide the current procedures in the Municipal Court would not solve the problem (see bullet points below exerted from the letter submitted by the Pearland Police Officer's Association). Allow time for the new computer system to work for us. We may already have the solution right at our fingertips but are unaware of it since it has not yet been fully implemented. Invest in technology Page 8 of 15 — 7/27/2009 • Make available the option for defendants to pay their fines via credit card outside normal business hours. • Implementing a well managed overtime program. • Assign another officer to the court. Judge Farnie stated currently the City has a Warrant Officer, but he also enforces warrants for Class B and above cases, so he is very busy and is unable to dedicate himself only to Class C warrants. Several cities that had Warrant Officers have gone to a City Marshal Program under the supervision of the Municipal Court. The Municipal Court personnel would work with the Police Chief and the Police Department to make sure the current high standards continue. When I was appointed Presiding Judge, I did not realize the amount of outstanding warrants and the amount of outstanding fines. At our first meeting in February with the police captains, court staff, and other judges I asked what type of options were available to solve the ongoing problem. A City Marshal program was suggested as well as an overtime program for the officers. After going to seminars and doing research it seemed that a City Marshal Program would be the best solution. Cities all across the state of Texas have City Marshal Programs that "pay for themselves." Duncanville has 2 Marshals and for the past three years they have averaged $500,000 each year. This total is not value of fines but money actually brought into the city. Most programs have one or two City Marshals that are dedicated persons supervised by the Court to enforce and service warrants for outstanding fine amounts and for persons who fail to show up for court. In April, the City tried the overtime program through the Police Department and after talking with Police Chief J.C. Doyle and City Manager Bill Eisen, the program was tried several more times. However, as Police Chief J.C. Doyle has stated, the Police Department is short handed and they have several overtime programs that are not filled. As stated at the workshop on June 15th, our Pearland Police Department is performing at maximum capacity to fulfill their duties to serve and protect the citizens and I and the Municipal court staff truly appreciate their professionalism, diligence, and hard work. A Marshal program is not to take away from the department but to be an addition to the City for collecting outstanding warrants and to prevent citizens from believing it is permitted to not show up for court dates. The person hired for a Marshal position would be TCLOSE certified but not a civil servant (like the Fire Marshal). Just as the Fire Marshal program is separate and assists the City in enforcing violations, the Code Enforcement Department also assists the City in enforcing violations for the good of all the citizens of Pearland. As to some of the other suggestions: the license plate recognition software is a tool that will assist whether it is an officer or a marshal; but not all defendants own a vehicle, nor would the driver of the vehicle necessarily be the person with the outstanding warrant. Presently, every time an officer stops a person they contact dispatch and dispatch lets the officer know if the person stopped has an outstanding warrant. Police Chief J.C. Doyle stated the Police Department divides the warrant service into two aspects: the first is the officers on patrol that encounter people with outstanding warrants through performing their duties; the other is actual warrant officer type program Page 9 of 15 — 7/27/2009 where the officer tracks the individual down to catch those with outstanding warrants. He can see that the technology aspect of the suggestions would enhance the officer side, but he is not sure if it will enhance the number of warrants brought in by patrol officers enough to negate the Marshals' Program. Councilmember Saboe asked if there would be any issues with the Pearland Police Department working with the Marshal Office to reduce the number of outstanding warrants. Police Chief J.C. Doyle stated he would hope that the Police Department would be deeply involved in the process and that the Marshals' Office would maintain the same pride and standards as the Police Officers in the City. Councilmember Cole stated there has been a concern of having a City Marshal that does not fall under the supervision of the Police Chief. He asked what the process would be for hiring the individuals for the Marshal Office. Judge Farnie stated individuals are required to have specific certifications to qualify for the position. The City would create an application and interview process and require individuals to perform the same testing and background checks as Police Officers. Police Chief J.C. Doyle stated the individuals would not be considered Civil Service and would not have to complete the Civil Service exam. Discussion ensued between Council, City Manager Bill Eisen, Judge Farnie, and Police Chief J.C. Doyle regarding the Marshal Program. Councilmember Saboe made the motion, seconded by Councilmember Cole, to table Ordinance No. 1399 for further consideration. Voting "Aye" Councilmembers Cole and Saboe. Voting "No" Councilmembers Kyle, Sherman and Owens. Motion Failed 3 to 2. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Cole and Saboe. Voting "No" Councilmembers Kyle, Sherman and Owens. Motion Failed 3 to 2. Mayor Reid, with the concurrence of Council, moved to New Business Item No. 6, Ordinance No. 1403. Page 10 of 15 — 7/27/2009 FIRST AND ONLY READING OF ORDINANCE NO. 1403 — 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 ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (MAGNOLIA DRIVE BETWEEN HARKEY ROAD AND AUDUBON PLACE), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1403 on its first and only reading. City Manager Bill Eisen stated this item is a proposal to change the speed limit on Harkey Road from Magnolia Road to the Audobon Subdivision from thirty miles per hour to thirty-five miles per hour. Councilmember Saboe stated he has had several conversations with a resident in the area that has concerns regarding the speed limit increase. The resident continues to observe drivers breaking the speed limit and wants to make sure that the City makes it known that this will not be accepted. He does support the speed increase; however, the resident has made two valid points. The first is the actual location of the posting and having a notification posted west of the s -curve as opposed to east. The resident also asked to City to modify the measurement to reflect the placement of the sign to the west of the s -curve. The question was also asked why the traffic study was not performed during the school year when the traffic flow and speeding is increased and he would like Staff to contact the resident regarding the timing of the study. City Engineer Narciso Lira stated the plan is to place the sign west of the s -curve because the speed limit in the curve will remain at thirty miles per hour. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole Voting "No" None. Motion Passed 5 to 0. Councilmember Saboe left the Council Chambers at 8:55 p.m. Mayor Reid, with concurrence of Council, moved to New Business Item No. 3, Resolution No. R2009-122. Page 11 of 15 — 7/27/2009 COUNCIL ACTION — RESOLUTION NO. R2009-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE OF THE RATES, SCHEDULES AND TARIFFS OF CENTERPOINT ENERGY ENTEX ("CENTERPOINT GAS") FOR NINETY DAYS WITH REGARD TO THE FILING BY CENTERPOINT GAS WITH THE CITY ON MAY 1, 2009; REQUIRING CENTERPOINT TO REIMBURSE REASONABLE RATE CASE EXPENSES; AUTHORIZING A CITY REPRESENTATIVE TO JOIN A COALITION OF CITIES TO DIRECT EXPERTS AND SPECIAL COUNSEL TO ACT ON THE CITY'S BEHALF; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL AND RATE CONSULTANT FIRMS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE FOR THE RESOLUTION. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-122. City Attorney Darrin Coker stated last March the City Council voted to join the coalition of cities known as the Texas Coast Utilities Coalition ("TCUC"). The City joined this coalition because Centerpoint Energy had requested a $7,400,000 rate increase. There were two coalitions; one settled and reduced the rate increase. The coalition the City is a part of settled and reduced the rate increase from $7,400,000 to $1,200,000. At this point, Centerpoint Energy has requested another increase of $2 million for the Texas Coast Division service territory. The proposed Resolution will suspend this rate increase until the City's legal representation can review the proposed rate increase. Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT ASSOCIATED WITH PINE HOLLOW PARK. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-118. Page 12 of 15 — 7/27/2009 City Manager Bill Eisen stated this item is a Development Agreement with the Pine Hollow Homeowners Association regarding the construction of a fence between Pine Hollow Park and the detention ponds that serve the subdivision. The concern is that the detention ponds pose a potential threat to children playing in the park. The Pine Hollow Homeowners Association is asking the City to participate in a partnership where they would pay two-thirds of the cost and the City would pay the remaining one-third. Nancy Kozanecki, 3705 Pine Branch, addressed Council and stated this will be the third development agreement with the City and she hopes the good relationship will continue. The partnerships have allowed the Pine Hollow Homeowners Association to do improvements that they would not have been able to do without the City's help. Councilmember Cole asked if a six-foot fence would be sufficient. Nancy Kozanecki, 3705 Pine Branch, stated the proposed six-foot height is sufficient for the proposed use. Voting "Aye" Owens, Sherman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2009-124 — 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. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-124. City Manager Bill Eisen stated this item is an interlocal agreement with the Brazoria County Health Department in case a large scale health emergency is declared requiring mass immunizations for First Responders prior to the general public. The agreement would be for the Brazoria County Health Department to provide the necessary vaccine. Mayor Reid stated the City is one of the only cities in the area that has the Pearland Citizens Corp and this is one of the groups that would need the vaccines before the general public if this were to be necessary. Brief discussion ensued between Council, Fire Marshal Roland Garcia, and EMS Operations Director Jeffrey Sundseth regarding the agreement. Voting "Aye" Councilmembers Cole, Kyle, Sherman, and Owens. Page 13 of 15 — 7/27/2009 Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:10 p.m. to discuss the following: Councilmember Saboe returned to Council Chambers at 9:10 p.m. for the Executive Session. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Bill Eisen, City Manager. 3. 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 11:14 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION. City Council. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, authorizing Staff to file a lawsuit against Urban Solution Associates dba USA Partnership and any individuals, partnerships, or entities related thereto. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 14 of 15 — 7/27/2009 Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to consent to the release and assignment, to Texproj 2008, any rights and obligations that Maverick Group and Juliet Homes may have in the Province Village Development Agreement. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:15 p.m. Minutes approved as submitted and/or corrected this the 10th day of August, A.D., 2009. Tom Reid Mayor ATTEST: W-1-11MC Cituecret*0 Page 15 of 15 — 7/27/2009