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2010-06-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 28, 2010, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:10 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Steve Saboe Felicia Kyle Ed Thompson Bill Eisen Darrin Coker Young LorFing Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Matt Buchanan Executive Director of Economic Development Corporation. The invocation was given by Tom Ramsey, Klotz Associates, and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported June 15-18, he represented the Houston -Galveston Area Council and the Texas Association Regional Council (State) at Cleveland, Ohio; June 21, he attended the Agenda Meeting, the Council Workshop and the Planning and Zoning Commission Public Hearing; June 22, he spoke at the Ground Breaking of BRASK- Neela; June 23, had an interview with the Houston Chronicle; June 24, spoke at the ZT Office Building Ribbon Cutting; June 25, attended the Houston Galveston Area Council - Transportation Police Council Board of Directors Meeting, the Chamber of Commerce Leadership Pearland Graduation and spoke at the Exchange Club Annual Meeting; June 26, visited the Pearland Ham Radio Exercise, spoke at an event at the Houston Air Museum and attended a Reception for Congressman Pete Olson. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the Pearland Chamber of Commerce Luncheon where the speaker was a Director at NASA who is a Pearland resident. He also attended the inaugural meeting for the Greater 288 Partnership and approximately one -hundred and eighty people attended. The guest speaker was Commissioner Ned Holmes of the Texas Transportation Commission. Page 1 of 16 — 6/28/2010 Councilmembers Saboe and Kyle passed on giving a report. Mayor Pro -Tem Sherman stated the Westside Library is processing eleven tubs of hold books each day and the shelves are completely full. Library staff has reported there is no room to maneuver the tubs. He feels this answers the question of whether there is a need for a library on the west side of Pearland. Councilmember Thompson reported he attended the BRASK-Neela Ground Breaking and an Emergency Management in Meeting Angleton. The speaker at the event mentioned how well Fire Marshall Roland Garcia managed the Pearland Emergency Management Operation Center during the Hurricane Ike Event. He also attended the Pearland Chamber Leadership Graduation where Budget Officer June Ellis and Economic Development Specialist Jenny Brannon graduated. The Pearland YMCA held a triathlon where there were over five -hundred participants. He had the opportunity to participate by directing the athletes through a portion of the race. CITY MANAGER'S REPORT City Manager Bill Eisen reported there will be festivities to celebrate the Fourth of July at the Pearland High School Stadium on Sunday, July 4, 2010. The gates will open at 6:30 p.m. and the show will begin at 7:00 p.m. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 7, 2010, Special Meeting held at 7:00 p.m. 2. Minutes of the June 14, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-18 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. Page 2 of 16 — 6/28/2010 C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-12 — 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. Mike Hodge, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1421 — 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 ROAD, DRAINAGE AND UTILITY 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. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1420 — 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 ROAD, DRAINAGE AND UTILITY 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 3 of 16 — 6/28/2010 F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE JUNE 14, 2010, REGULAR COUNCIL MEETING. City Council. G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE ON THE AUDIT COMMITTEE. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF MS. FOREST SMITH TO SERVE ON THE PARKS, RECREATION & BEAUTIFICATION BOARD POSITION NO. 5 FOR AN UNEXPIRED 3 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE 2000CUP-39 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT APPROXIMATELY 57.231 ACRE TRACT OF LAND, OUT OF TRACTS 41, 42, 55, 56, 57 IN THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE(S) 24 OF THE BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE H.T. AND B. COMPANY SURVEYS, SECTION 20, ABSTRACT 506 IN BRAZORIA COUNTY TEXAS, AND A TRACT OF LAND CONTAINING 3.0 ACRES, MORE OR LESS, OUT OF LOT 54 OF THE ALLISON RICHEY GULF COAST HOME SUBDIVISION OF THE H.T. AND B.R.R. COMPANY SURVEY, SECTION 20, ABSTRACT 506, BRAZORIA COUNTY. GENERALLY LOCATED AT 2310 CULLEN BLVD. AND 2426 CULLEN BLVD, PEARLAND, TEXAS (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-04) TO ALLOW A CEMETERY USE THAT IS LOCATED IN THE CULLEN- MIXED USE (C -MU) ZONING DISTRICT AT THE REQUEST OF JANICE AND BONNIE HOWARD, APPLICANTS AND OWNERS, AND THERESA AND ERIC WALLS, OWNERS OF THE 3.0 ACRE TRACT OF LAND, 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. Mike Hodge, Assistant City Manager. Page 4 of 16 — 6/28/2010 J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-42 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 1.24 ACRE (53,811 SQUARE FEET) PARCEL SITUATED IN THE PERRY & AUSTIN LEAGUE, ABSTRACT 111, BRAZORIA COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.2438 ACRE TRACT CONVEYED TO STEVE TOWNSEND BY DEED RECORDED UNDER VOLUME 1441, PAGE 979 OF THE BRAZORIA COUNTY OFFICIAL PUBLIC RECORDS. GENERALLY LOCATED AT 1411 BROADWAY STREET, PEARLAND TEXAS (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-01) TO ALLOW THE SHARED USE OF ANTENNA ON AN EXISTING CELLULAR COMMUNICATIONS TOWER IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT WITH CONDITIONS, AT THE REQUEST OF BLAKE GRIGGS WITH CLEAR WIRELESS LLC., APPLICANT FOR STEVE TOWNSEND , 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. Mike Hodge, Assistant City Manager. Mayor Reid asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Saboe asked that Consent Agenda Item J be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through J with the exception of item C and Item J, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Page 5 of 16 — 6/28/2010 MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Reid Consent Agenda Item C was removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-12 — 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. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000-T-12 on its second and final reading. City Manager Bill Eisen stated this item is a series of amendments to the Unified Development Code. City Council and the Planning and Zoning Commission have held a number of Workshops and Joint Public Hearings with regard to the proposed changes. City Attorney Darrin Coker stated the proposed amendment to the language related to cell towers is intended to clarify the language in the current Unified Development Code. The amendment will combine provisions from two separate sections of the Ordinance to make the requirements less confusing. The regulations will be enforced in the same manner that they are currently enforced. The City's current regulations are intended to establish co -location as it is stated in the Ordinance. There is a provision in the Unified Development Code that states it is not required to obtain a Conditional Use Permit for an existing tower. This is based on the assumption that the existing tower has already been permitted with a Conditional Use Permit meaning that the new antenna does not need a new permit. Neil Rackleff, Coalition of Wireless Telecommunications Company, addressed Council and stated the proposed change will have a major substantive affect on the decision of various companies to co -locate within the City of Pearland. The concern is regarding the time involved in the process of obtaining a Conditional Use Permit for existing towers. The companies involved are willing to take measures to address the aesthetic concerns, but the Conditional Use Permits require some things that are impossible. They are asking for a predictable process with reasonable requirements that will get the towers and co -locations approved in a timely manner. Page 6 of 16 — 6/28/2010 Vince,Huebinger, 1715 Capital Texas Hwy, Suite 207, Austin, TX 78746, addressed Council and stated the cellular industry is wanting to have clear expectations to follow for the application process. Cellular carriers have a priority of finding an existing vertical structure to utilize for their service. He feels the proposed language needs to be reconsidered to encourage carriers to establish co -location towers in the City of Pearland. Neil West, 2218 Country Club Drive, addressed Council and stated the Planning and Zoning Commission and Staff have been doing a good job developing regulations for cellular towers. It is his opinion that the fees could possibly be increased and stricter zoning requirements around the current cellular towers could be implemented. The Planning and Zoning Commission wants to work with cellular carriers and he feels they can develop a resolution to the problems that exist. Ron Capehart, 4203 Cedar Trail, addressed Council and stated he has reviewed this issue extensively and he is in favor of this amendment. The proposed amendment does not change the way the City approves towers. He heard the opposition say the amendment is more onerous on a co -location than on a new tower and that is incorrect. Councilmember Owens stated he would like clarification on the fact that the proposed language does not change the current procedure for cellular towers in the Unified Development Code. Assistant City Manager Mike Hodge stated the intent of the language is to clarify the process and make it consistent with how Staff and the Planning and Zoning Commission administer the Conditional Use Permit Process. Neil Rackleff, Coalition of Wireless Telecommunications Company, stated the problem is that if a company is building a new tower, they have full control and can do what is necessary to meet the requirements of the Unified Development Code. A company that is placing an antenna on an existing tower has no leverage to force the owner to make costly changes to meet the regulations. Shawn St. John, T -Mobile USA, addressed Council and stated, he was at the meeting where the original Unified Development Code was passed. The Council, at that time, added a sentence to clarify that towers that were built prior to the Unified Development Code being passed would not require a Conditional Use Permit. City Attorney Darrin Coker stated he wanted to clarify for the record and Council's information that Shawn St. John, T -Mobile USA, has applied for several Conditional Use Permits, through the current process, and has not had any issues. Page 7 of 16 — 6/28/2010 Councilmember Steve Saboe stated, the City is attempting to clarify the Unified Development Code to provide proper expectations and clarify how the process will be implemented. The current process gives Council the opportunity to request changes when an existing tower is out of compliance with the Unified Development Code and he does not see where it has been onerous for the applicants. Councilmember Kyle stated she understands that the cellular carriers feel the Conditional Use Permit process is burdensome; however, the Council has to consider the needs of the City and its residents. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to call for the vote. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Saboe Consent Agenda Item J was removed for further discussion. J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-42 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 1.24 ACRE (53,811 SQUARE FEET) PARCEL SITUATED IN THE PERRY & AUSTIN LEAGUE, ABSTRACT 111, BRAZORIA COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.2438 ACRE TRACT CONVEYED TO STEVE TOWNSEND BY DEED RECORDED UNDER VOLUME 1441, PAGE 979 OF THE BRAZORIA COUNTY OFFICIAL PUBLIC RECORDS. GENERALLY LOCATED AT 1411 BROADWAY STREET, PEARLAND TEXAS (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-01) TO ALLOW THE SHARED USE OF ANTENNA ON AN EXISTING CELLULAR COMMUNICATIONS TOWER IN THE Page 8 of 16 — 6/28/2010 GENERAL COMMERCIAL (GC) ZONING DISTRICT WITH CONDITIONS, AT THE REQUEST OF BLAKE GRIGGS WITH CLEAR WIRELESS LLC., APPLICANT FOR STEVE TOWNSEND , 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. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000CUP-42 on its first and only reading. City Manager Bill Eisen stated this item is for a Conditional Use Permit for a co -location on a cellular tower located on East Broadway. The Planning and Zoning Commission has recommended the application for approval with the condition that the tower meets all requirements of the Unified Development Code on all sides that are visible from the road. Councilmember Saboe stated he pulled this item because he was aware that Item C would be removed from the Consent Agenda and he felt the items needed to be discussed individually. The Planning and Zoning Commission did not approve this application unanimously because one Commissioner felt the requirements were making it too difficult for the applicant to co -locate because they are not the tower owners. Ron Capehart, 4203 Cedar Trail, stated the Commissioner's concerns were, given the location of the tower site behind the building, a person had to look for the ground equipment to see it and whether the requirements would make any difference Councilmember Saboe stated Staff needs to find a way to work with applicants to expedite the process and make sure requirements aren't onerous and overly expensive. The Conditional Use Permit process for this particular tower brought questions regarding the safety of the tower. The issues were addressed, but this is a prime example of why the process is important for existing towers. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 9 of 16 — 6/28/2010 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2010-88 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF KEVIN COLE. Mayor and Council. Councilmember Saboe made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-88. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Past Councilmember Kevin Cole thanked the Mayor and Council for the recognition and stated the past six years have been a wonderful experience. The City is near and dear to his heart and to his family. Mayor Reid, with concurrence of Council, moved to item No. 7, Resolution No. R2010- 90. COUNCIL ACTION — RESOLUTION NO. R2010-90 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-90. City Manager Bill Eisen stated, each year, the City receives an allocation of funding under the Community Development Block Grant (CDBG) Program. This item is the proposed plan for the expenditure of the funds in the next year. Dale Pillow, 2246 N. Washington Ave., addressed Council and stated she wanted to thank the city for allowing the Adult Reading Center to apply for the CDBG funds. She provided Council with a review of how the Adult Reading Center will spend the funds received. Mayor Pro -Tem Sherman stated some of the funds are being provided to the Pearland Christian Community Church and asked if there would be an issue providing funds to a religious institution. Page 10 of 16 — 6/28/2010 City Attorney Darrin Coker stated there is an issue for certain instances, but new federal rules allow the type of expenditure that is being proposed. Councilmember Kyle stated there is an amount requested from each organization and the amount approved is equal to or greater than the amount requested. One organization received an amount greater than the amount requested and she asked what the rationale was for amount approved. Grants Coordinator Joel Hardy stated cost estimations were received that placed the amount for the completion of the proposed construction higher than the initial request. Staff reviewed the request and increased the amount of funds to verify there would be enough funding to complete the project. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to item No. 2, Resolution No. R2010-69. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2010-69. City Council. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to remove Resolution No. R2010-69 from the table. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-69 — 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 $1,195,000 UNLIMITED TAX BONDS, SERIES 2010A. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-69. Page 11 of 16 — 6/28/2010 City Attorney Darrin Coker stated this item was discussed by Council previously and was tabled so that more information could be provided. The bond issue is a little over one -million dollars and it would fall within the current maturity date. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ("CITY") RESPONDING TO THE APPLICATION OF TEXAS -NEW MEXICO POWER COMPANY'S REQUEST FOR APPROVAL OF ADVANCED METERING SYSTEM ("AMS") DEPLOYMENT PLAN AND REQUEST FOR AMS SURCHARGES; AUTHORIZING THE CITY TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE ALLIANCE OF TNMP MUNICIPALITIES ("ATM"); AUTHORIZING THE CITY'S INTERVENTION IN PUC DOCKET NO. 38306 AS PART OF ATM; AUTHORIZING THE HIRING OF COUNSEL AND EXPERTS THROUGH ATM; REQUIRING THE REIMBURSEMENT OF COSTS; 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 Thompson made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-84. City Attorney Darrin Coker stated this item is similar to items that have been presented to Council previously for other power companies. The City joining the Coalition of Cities would help verify the proposed Advanced Meter System is implemented correctly and that citizens are not charged unfair fees. The cost associated with joining the coalition will be reimbursed to the City and it is his recommendation that Council approve this item Councilmember Thompson asked how many citizens in Pearland were customers of Texas -New Mexico Power Company (TNMP). City Attorney Darrin Coker stated the TNMP service area is on the east end of the City and serves a very small percentage of citizens. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker. Councilmember Kyle stated she does not feel there is enough information provided for Page 12 of 16 — 6/28/2010 her to make an educated decision on whether or not to support this item. Councilmember Kyle made the motion, to call for the vote. Motion died for the lack of a second. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "Abstain" Councilmember Kyle Voting "No" None. Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION — RESOLUTION NO. R2010-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AGRICULTURAL EXEMPT PROPERTY DEVELOPMENT AGREEMENTS ASSOCIATED WITH THE ANNEXATION OF CERTAIN PROPERTIES IN THE CITY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-89. City Manager Bill Eisen stated there is a new State Statute in place that requires the City to identify properties in which annexation is being considered that may have an agricultural tax exemption. The statute requires the City to provide an option for the property owner to opt out of the annexation if they enter into an agreement that prevents them from developing the property during the term of the agreement. This item is requesting Council approve agreements with property owners for four specific parcels which state the property could not be annexed for five years. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-87 — 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 THE EXTENSION OF DISCOVERY BAY DRIVE. Mr. Bill Eisen, City Manager. Page 13 of 16 — 6/28/2010 Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-87. City Manager Bill Eisen stated, due to the odd configuration of the completed frontage road, there is a gap of approximately 800 feet between the frontage road and the completed section of Discovery Bay Drive. This item is an agreement in which the City and Shadow Creek Ranch Development Company will equally split the cost for construction and landscaping to extend Discovery Bay Drive. Shadow Creek Ranch Development Company will receive reimbursement for the project from Tax Increment Reinvestment Zone No. 2 and will pay the City's portion plus interest. Brief discussion ensued between Council, City Manager Bill Eisen, and Drew Pelter, Shadow Creek Ranch Development Company. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR TRAFFIC ENGINEERING SERVICES ASSOCIATED WITH TRAFFIC SIGNALIZATION. Mr. Narciso Lira, City Engineer. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-85. City Manager Bill Eisen stated the City received proposals for various traffic engineering services, and as a result of those proposals, has selected the firms Wilbur Smith Associates, Iteris, and AECOM. This project will include a number of phases; each of which will be presented to Council individually for approval. This item pertains to coordination of the City taking responsibility for traffic signal ownership and maintenance. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, City Engineer Narciso Lira, and Butch Babineaux, Wilbur Smith Associates. Councilmember Thompson stated, he would like items presented to Council to include any potential savings the City will incur by entering into agreements for services. This will help citizens to understand why funds are being expended on certain projects. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Page 14 of 16 — 6/28/2010 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-86 — 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 CITY OF BEAUMONT FOR COOPERATION IN THE PURCHASE OF VARIOUS GOODS AND SERVICES. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-86. City Manager Bill Eisen stated, two years ago, the City purchased a remittance processing system used in the utility billing area. At this time, the City of Beaumont is interested in purchasing a similar system. The manufacturer has agreed to honor the price that resulted from the City of Pearland's bidding process. To allow the manufacturer to honor the bid price, the City of Beaumont is required to enter into an interlocal agreement with the City. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:03 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY — DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S ANNUAL GOALS FOR 2010-2011. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:53 p.m. Page 15 of 16 — 6/28/2010 COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING CITY MANAGER'S ANNUAL GOALS FOR 2010- 2011. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:54 p.m. Minutes approved as submitted and/or corrected this the 12th day of July, A.D., 2010. Tom Reid Mayor ATTEST: Page 16 of 16 — 6/28/2010