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2009-09-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 28, 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 7:37 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; Danny Cameron Public Works Director;; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Teresa Battenfield, Assistant Project Director and Bob Pearce, Purchasing Officer. The invocation was given by Pastor Keith Anderson and the Pledge of Allegiance was led by Police Chief J. C Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported September 15, he attended the HGAC Monthly Board of Director's Meeting; September 15, attended Keep Pearland Beautiful Annual Board Retreat; September 16-18, attended Texas Association Regional Council Annual Meeting, South Padre; September 19 attended Eagle Scout Court of Honor for Jason Barnes; September 21, attended the Agenda Meeting; the School District Education Improvement District, Council Group Photograph, Council Workshop and Joint Council/Planning & Zoning Public Hearings; September 22 attended the City Planning Day by Planning Department, met with Darrin Coker and Library Board Member Stu Coffman, attended Brazoria County Education Alliance Board of Director Meeting; September 23, attended the Exchange Club Luncheon Meeting; and the Joint Council Commissioner's Court Workshop; September 24, attended the North Brazoria County Education Alliance Ribbon Cutting, the BAYTRAN Board of Director's Meeting, and presented a proclamation to Dr. Katz on her Whistle -Stop Visit to Pearland; September 25, attended HGAC/Transportation Policy Council Board of Directors Meeting. Page 1 of 15 — 9/28/2009 Mayor Reid, City Manager Bill Eisen and EMS Operations Director Jeff Sundseth presented Mike Girardi, EMS Part Time Paramedic, with the Part -Time Employee of the Quarter Award. Councilmember Owens stated that he has known Mike and the Girardi family for many years. Mike worked for the City of Houston and was an excellent employee for 32 years. The Girardi family has been an institute in public service for a long time and he wished to congratulate Mike. Michael Parks and Melissa Slay, Municipal Utility District No. 26, presented a Resolution of Outstanding Service to Scott J. Sherman for his service on the Municipal Utility District No. 26 Board. COUNCIL ACTIVITY REPORTS Councilmember Owens attended the BCCA Meeting in Danbury, Joint Meeting with Commissioner's Court, the Ribbon Cutting for the Brazoria County Educational Alliance, and the University of Houston Alumni Meeting. He stated one of the things we are looking at this year is a proposition for Tier 1 for the University of Houston. He urged everyone to look for Proposition 4 on the November ballot. Councilmember Sherman stated that it is important for Proposition 4 to pass. In addition to the Whistle Stop Tour, he attended the Planning & Zoning Planning Day Presentation. It was well attended and a good service that the Planning Department provides to local people. He attended the Brazoria County meeting where the West Side Library was discussed. Mayor Reid, appointed City Manager Bill Eisen and Councilmember Scott Sherman to serve on the Joint City/County Brazoria Library Committee. My Pro Tem Kyle attended the Chamber Golf Tournament, which was very well attended, the Silverlake Lions Club Style Club Luncheon, which does so many wonderful things for our community especially for children who have illness of the eyes and other deficiencies, and a party of the Pearland Fit Runners Club. Councilmember Saboe offered his support to Councilmember Sherman and the Library Committee. He attended the joint meeting of Brazoria County Commissioner's Court where one of the things discussed was a challenge to the traditional model of financing the operating side for libraries. Councilmember Cole stated there have been discussions on bringing a library to the area and indicated he would welcome putting this item on the table for discussion at a future meeting. He has been involved with the Northern Brazoria Educational Alliance in drafting their 5- year strategic plan and goals. He attended the Joint County Meeting Page 2 of 15 — 9/28/2009 and the Houston Contractor's Association Luncheon where Senator Dan Patrick was the guest speaker. Senator Patrick spoke about increasing the gas tax, how we finance roads, and that the State part of the health care issue has doubled in the past 6-7 years, which is why we cannot pay for roads and things of that nature. CITY MANAGER'S REPORT City Manager Bill Eisen stated 3 years ago, the City approached the State of Texas about ways to finance improvement to Cullen Parkway. The State advised the most expeditious way was to apply through their pass-through finance program which we did. By the time the negotiations were completed on exactly what the structure would be, the program was suspended and remained suspended until earlier this year after the City had decided to proceed with the construction on its own with some limited support from the local district office. Early this year, the program was reinstituted and interested parties had to submit an application by May 12th which we did. Early June, the program was suspended again. Last week we received the news the program was back alive again and the Cullen Program is one of the projects that will be funded. We have not been formally notified, but Assistant City Manager Mike Hodge attended a meeting last week and confirmed that we are on the list of projects to be funded. The Transportation Commission expects to have these agreements on their agenda on October 23. We can then move ahead with completing design and construction of the other section of Cullen. CITIZENS Pastor Keith Anderson, Pastor, New Harvest Christian Fellowship, addressed Council to discuss three issues with their water bill. In 2007, they received a $2,000 water bill and made repeated requests to the City for help. They paid the $2,000 water bill. They received two additional bills, each for $737, at which time they contacted the City. The City came out and turned off the meter. They were advised that there was no running water. There was water running through irrigation system. If water was running through still, it had to be a faulty meter. The parking lot was not designed to handle that kind of heavy construction equipment. They paid to have repairs done to the electrical and irrigation system. He stated they want help. He stated that this is not their fault — it is the construction process with their heavy equipment. He does not believe the Church is negligent and responsible for the two $700 water bills. Russell Lambert, Cross Roads Industries, apparent low bidder on Magnolia Road Project, wanted to introduce himself and discuss his background. He expressed how hard they worked on that project and stated his willingness to answer any questions. He looks forward to working with City. Page 3 of 15 — 9/28/2009 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 31, 2009, Public Hearing — Budget held at 6:30 p.m. 2. Minutes of the August 31, 2009, Public Hearing — Tax Rate held at 6:30 p.m. 3. Minutes of the August 31, 2009, Regular Meeting held at 7:30 p.m. 4. Minutes of the September 14, 2009, Regular Meeting held at 7:30 p.m. 5. Minutes of the September 21, 2009, Special Meeting held at 8:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-66 — 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, APPROXIMATELY 2.389 ACRES OF LAND OUT OF LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY (2620 CULLEN PARKWAY, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-09Z), FROM CLASSIFICATION CULLEN MIXED-USE (C -MU) TO GENERAL BUSINESS (GB), ON THE REQUEST OF JUNG KWAK, APPLICANT AND 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. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF SHARI COLEMAN, POSITION NO. 3, TO SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. Page 4 of 15 — 9/28/2009 D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF SUSAN C. DIETERICH, POSITION NO. 5, TO SERVE ON THE BUILDING/FIRE CODE BOARD OF ADJUSTMENTS FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2014. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF BRYAN K. ROLLER, POSITION NO. 5, TO SERVE ON THE CHANNEL REVIEW BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF TOM POOL, POSITION NO. 1, AND BRANDON K. DANSBY, POSITION NO. 3, TO SERVE ON THE DEVELOPMENT AUTHORITY OF PEARLAND FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF CHARLIE F. MICHNA, POSITION NO. 4, TO SERVE ON THE ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF BETTYE M. ALEXANDER, POSITION NO. 3, AND DR. FRED R. CESSAC, POSITION NO. 6, TO SERVE ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. I. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF MARJORIE WILCOXSON POSITION NO. 7, TO SERVE ON THE PARKS, RECREATION & BEAUTIFICATION BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. J. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF SUSAN SHERROUSE, POSITION NO. 5, AND HENRY N. FUERTES, POSITION NO. 3, TO SERVE ON THE PLANNING & ZONING COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. K. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JO KNIGHT, POSITION NO. 6, TO SERVE ON THE TAX INCREMENT REINVESTMENT ZONE NO. 2 FOR A 2 - YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. Page 5 of 15 — 9/28/2009 L. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JERRY ACOSTA, ALTERNATE POSITION NO. A2, MARVIN ELAM, ALTERNATE POSITION NO. Al, DAVID A.K. SMITH, POSITION NO. 4, AND WILLIAM D. TOROK, POSITION NO. 2, TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FURNITURE FOR THE PUBLIC SAFETY BUILDING. Mr. Mike Hodge, Assistant City Manager. N. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-158 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY "BUYOUT" PROGRAM. Mr. Mike Hodge, Assistant City Manager. O. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-36 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON A PARCEL OF LAND CONTAINING 0.9960 ACRES (43,385 SQUARE FEET) MORE OR LESS BEING ALL OF LOT 2, BLOCK 1 ACCORDING TO THE PLAT OF THE PEARLAND ISD ADMINISTRATION BUILDING AS RECORDED IN FILE NO. 2008043425, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS, SAID 0.9960 ACRE TRACT BEING OUT OF THAT CERTAIN TRACT CONVEYED BY WAL-MART REALTY COMPANY TO PEARLAND INDEPENDENT SCHOOL DISTRICT AS RECORDED IN FILE NO. 2005071503, OFFICIAL RECORD, BRAZORIA COUNTY, TEXAS, AND BEING SITUATED IN THE R.B. LYLE SURVEY, ABSTRACT NO. 542, BRAZORIA COUNTY, TEXAS, (LOCATED AT 1924 S. MAIN STREET), (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-12), TO PERMIT A RESTAURANT WITH A DRIVE THROUGH WINDOW IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT, AT THE REQUEST OF PAUL LACHANCE, APPLICANT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE Page 6 of 15 — 9/28/2009 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. Mike Hodge, Assistant City Manager. Councilmember Sherman asked that Consent Agenda Item M 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 O with the exception of item M, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Sherman, Consent Agenda Item M Resolution No. R2009-160 was removed for further discussion. M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FURNITURE FOR THE PUBLIC SAFETY BUILDING. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-160 as amended. Councilmember Sherman stated he asked this item be taken off the Consent Agenda because there is a discrepancy between the proposed cost included in the documentation provided and the Resolution. City Manager Bill Eisen stated the correct amount proposed for the bid is $896,037. Councilmember Owens made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2009-160 to read $896,037. Mayor Pro -Tem Kyle stated, because of the public perception, she feels the Consent Agenda should not be utilized for high cost items. Page 7 of 15 — 9/28/2009 Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1385 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2009A; 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 CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1385 on its first and only reading. City Manager Bill Eisen stated this involves the sale of Certificate of Obligations for the University of Houston Pearland Campus. Ryan O'Hara, RBC Capital Markets, presented Council with a detailed review of the proposed Bond Sale. Rick Witte, Andrews and Kurth, stated if the proposed Ordinance is approved the closing is scheduled for October 29, 2009. He stated it will take approximately thirty days for the Attorney General's Office to review the sale. Page 8 of 15 — 9/28/2009 Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1386 — AN ORDINANCE NO. 1386 AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BONDS, SERIES 2009; 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. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1386 on its first and only reading as amended. City Manager Bill Eisen stated this action deals with not only the permanent improvement bonds but also the refunding bonds. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens to amend Ordinance 1386 to include Permanent Improvement and Refunding Bonds Series 2009. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT. Mr. Jon R. Branson, Assistant City Manager. Page 9 of 15 — 9/28/2009 No action taken by Council. This item was passed to a future agenda. COUNCIL ACTION — RESOLUTION NO. R2009-161 — 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 WITH AGGREKO. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-161. City Manager Bill Eisen stated the alignment, construction widening, and improvement in front of the Aggreko facility requires a relocation of an existing driveway. This requires some further configuration within the site of Aggreko which will cause them to incur some cost to accomplish. Based on discussions with Aggreko, we believe it is appropriate for the City, in addition to purchasing some right of way, to pay for any adjustments required to be made as a result of the configuration of the roadway. This agreement would provide for a payment of $177,000 to Aggreko which will go toward the cost of those improvements. The Pearland Economic Development Corporation has also agreed to provide $93,000 for additional work being done with the reconstruction of some of the driveways. This is an independent action taken by that Board. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE O'DAY DRAINAGE PROJECT. Mr. Danny Cameron, Public Works Director. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-157. City Manager Bill Eisen stated this involves a variety of different types of drainage work along O'Day Road including undergrounding some drainage in some areas and also the re -grading of open ditches in the area in order to improve drainage. The low bid was submitted by Centertex Constructors, LLC in the amount of $425,919.73. Councilmember Owens stated he was concerned that JKC & Associates, Inc. did not have a working knowledge of the firm's capabilities. It does appear; however, that the work history was verified through due diligence and references. Page 10 of 15 — 9/28/2009 Danny Cameron stated Centertex Constructors, LLC has worked with the City on the installation of a waterline near Oiler Drive and did an excellent job. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR SIGNS AND SIGN MATERIALS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-155. City Manager Bill Eisen stated this is for an estimated amount of additional street signs and sign materials the City will need in the upcoming years. The low bid met all our specifications and was submitted by Smith Municipal Supply in the amount of $77,000. The City has worked with the proposed firm for several years with good results. Mayor Pro -Tem Kyle stated the write-up showed there was another bidder that had a lower bid price, but was not selected because of timing issues. She asked for the total of the bid that was not selected. Purchasing Director Bob Pearce stated the total unit cost was just under $2,300 and Smith Municipal was about $2,700. The lower bidder made statements that led him to believe there was some misinterpretation on what the City was specifying on the item and he was not left with a good feeling with their responsiveness when attempting to contact them. Councilmember Cole asked if the issues presented and the timeliness of turn -around give the City the legal cover for responsive bidders. Darrin Coker stated the bid was for the best value proposal as opposed to local bidders. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 11 of 15 — 9/28/2009 COUNCIL ACTION — RESOLUTION NO. R2009-159 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY SANITARY SEWER EXTENSION. Mr. Mike Hodge, Assistant City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-159. City Manager Bill Eisen stated this is an extension of existing sewer lines to the University of Houston site. This was not included in the design build contract that was previously approved by Council. The low bid was submitted by Reddico Construction Company in the amount of $131,808.70. Reddico Construction Company has done quite a bit of work in the City with good results. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-152. City Council. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to remove Resolution No. R2009-152 from the table. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-152 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (2010-2014). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-152. City Manager Bill Eisen stated this item was on a prior Council agenda and was tabled at that time to give Council time to review some of the language in the summary of the plan. Page 12 of 15 — 9/28/2009 Mayor Pro -Tem Kyle stated she appreciates Staff clarifying the language especially in light of the fact that it is in the Capital Improvement Plan. She wanted to clarify for the public that this is a planning document, but it does not change the intent of the Council to follow through on Bond Projects that have been approved by the voters. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1387 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVIEWING THE REQUESTED RATE INCREASE REQUEST OF CENTERPOINT ENERGY ENTEX ("CENTERPOINT"); SETTING AND ESTABLISHING RATES AND TARIFFS; ORDERING THE REFUND OF BASE RATE INCREASES IMPLEMENTED ON AUGUST 1, 2009; ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND THE IMPLEMENTATION OF NEW RATES; PROVIDING FOR FINES FOR NOW COMPLIANCE WITH THIS ORDINANCE NOT TO EXCEED $500 PER VIOLATION; PROVIDING FOR A SEVERABILITY CLAUSE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EMERGENCY; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE TOPICS SET FORTH IN THIS CAPTION. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to approve Ordinance No. 1387 on its first and only reading. City Attorney Darrin Coker stated Council recently approved an Ordinance suspending rates associated with the Cost of Service Adjustment. Despite the fact that the City suspended the rates, Centerpoint Energy Entex has implemented an increase within the City that violates the suspension. The Ordinance declares a penalty and requests a refund of the increase for the specified time period. The purpose of this ordinance is to put Centerpoint Energy Entex on notice that the City wants the refund for that 90 day period and assess a penalty if they refuse to do so. Mayor Pro -Tem Kyle asked for clarification on whether the consumer would be reimbursed and what method would be used to make the reimbursement. Darrin Coker, City Attorney stated the consumer is currently being charged the increased rate and would receive a reimbursement through the billing process. Discussion ensued between Council and City Attorney Darrin Coker regarding the Ordinance. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Page 13 of 15 — 9/28/2009 Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1388 — 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 (KIRBY DRIVE BETWEEN SHADOW CREEK PARKWAY AND BELTWAY 8), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1388 on its first and only reading. City Manager Bill Eisen stated this is a result of traffic engineering study on this section of roadway in the City. As a result of that study Staff is recommending that Council approve a change of the speed limit from 35 to 45 miles per hour. Councilmember Sherman thanked Mr. Eisen and the staff for addressing this issue so quickly. This stretch of road has been a headache for a long time for a lot of people. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:49 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICTS NO. 2 AND 3. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. Page 14 of 15 — 9/28/2009 3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. Mayor Tom Reid. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:33 p.m. CONSIDERATION AND POSSIBLE ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICTS NO. 2 AND 3. City Council. No action was taken by Council. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action was taken by Council. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. City Council. No action was taken by Council. ADJOURNMENT Meeting was adjourned at 9:35 p.m. Minutes approved as submitted and/or corrected this the 12th day of October, A.D., 2009. Tom Reid Mayor ATTEST: 7JAV • • L• r / Page 15 of 15 — 9/28/2009 THIS PAGE LEFT BLANK INTENTIONALLY