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2011-02-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 14, 2011, 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 Scott Sherman Woody Owens Steve Saboe Felicia Kyle Ed Thompson Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Glenn Turner Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Teresa Battenfield Assistant Project Director; Harold Ellis Senior Planner. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported January 25, he attended the Old Town Site Annual Meeting, joined City Manager Bill Eisen and City Attorney Darrin Coker for a meeting with an agent of the Federal Emergency Management Administration, and met with Alvin Independent School District Superintendent Dr. Fred Brent; attended the Pearland Economic Development Corporation Meeting; January 27, attended the BAYTRAN Board of Directors Meeting, the Pearland Chamber of Commerce Dinner and Awards Banquet, and joined Councilmembers for the Open House of the Animal Control Shelter; January 28, attended the Transportation Policy Council Board of Directors Meeting and the Houston READ Commission Annual Meeting, January 29, presented a proclamation for India Republic Day and attended the Parks and Recreation Winterfest Event; January 31, joined Staff at the Metro Park and Ride Meeting and joined City Manager Bill Eisen for a visit with the City of Waco School District Search Team; February 3, welcomed members to the Texas Parks and Recreation District No. 4 Meeting, attended the Pearland Realtors Luncheon, the Pearland Chamber of Commerce Pearland Day in Austin Meeting, and the South Belt Chamber Annual Dinner and Awards Ceremony; Page 1 of 14 — 2/14/2011 February 4, attended the Alvin Chamber of Commerce Annual Dinner and Awards Ceremony; February 5, attended the Scout Pack No. 468 Blue and Gold Banquet; February 7, joined Executive Director of Economic Development Corporation Matt Buchanan and Assistant Director of Economic Development Corporation Ramon Lozano for a visit with Dr. Emil Pena from Rice University; February 8, joined City Manager Bill Eisen for the Brazoria Economic Alliance Luncheon; February 9, attended the Adult Reading Center Board of Directors Meeting and spoke at Steve Friedman's Memorial Service; February 10, joined Assistant City Manager Mike Hodge for the Transportation Policy Meeting and attended the HEB and Adult Reading Center After Hours Event; February 11, spoke at the Alexander Middle School Book Club and joined City Council at the 288 Partnership Luncheon. Mayor Reid presented Richard Morency and Richard Rennison with proclamations proclaiming March 1, 2011, "IHOP National Pancake Day — Pearland West" and 1HOP National Pancake Day — Pearland East." Mayor Reid and City Manager Bill Eisen presented Kendrick Gray, Recreation Specialist, Parks and Recreation Department Recognition with the Employee of the Quarter Award. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the Greater 288 Partnership Luncheon, a meeting at the Medical Center to meet with Texas Transportation Commissioner Ned S. Holmes. He also attended a 288 Partnership Meeting with representatives in Austin, Texas. Councilmember Saboe reported he attended a meeting to discuss subsequent phases of the Delores Fenwick Nature Center. This project is for a building that will be an educational center, and eventually become a place to grow trees to create an outdoor educational center. The Keep Pearland Beautiful Board has voted to provide $43,000 in funding which will pay for the design phase two. He wanted to recognize Keep Pearland Beautiful Boardmembers and Staff as well as Brazoria County Commissioner Stacy Adams for their commitment to the project. Mayor Pro -Tem Sherman passed on giving a report. Councilmember Kyle reported she attended the Pearland Chamber of Commerce banquet. She also stated she is participating in the Houston Area Women's Shelter Race Against Violence and urged others to get involved and participate in the event. Page 2 of 14 — 2/14/2011 Councilmember Thompson reported he attended the Texas Parks and Recreation District No. 4 Meeting and enjoyed visiting with the attendees. The Greater 288 Partnership Luncheon was well attended with people from all over the area. He also attended the Pearland Chamber Event. CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended the Greater 288 Partnership Meeting in Austin, Texas to promote local transportation projects. He also attended the Greater 288 Partnership Luncheon and the meeting with Texas Transportation Commissioner Ned S. Holmes. Mr. Eisen provided Council with a brief overview of the outcome of the meetings. CITIZENS: James Fields, Denbury Resources, addressed Council and provided a brief overview of the operational plan of Denbury Resources for a portion of the land in Area No. 5 that the City is considering annexing. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 17, 2011, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the January 17, 2011, Special Meeting held at 7:00 p.m. 3. Minutes of the January 24, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1443 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A STANDARDS OF CARE POLICY FOR THE CITY'S YOUTH PROGRAMS. Ms. Colene Cabezas, Recreation Superintendent. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE JANUARY 24, 2011, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR AUTO PARTS. Mr. Bill Eisen, City Manager. Page 3 of 14 — 2/14/2011 E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2010. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: Mayor Reid with concurrence of Council, moved to New Business Item No. 3, Ordinance No. 2000M-75. FIRST READING OF ORDINANCE NO. 2000M-75 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING A TRACT OF LAND APPROXIMATELY 61.217 ACRES LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING A PORTION OF THAT CERTAIN CALLED 155.4029 ACRE TRACT (DESIGNATED AS PARTITION NO. 5) OF RECORD IN VOLUME (91) 880, PAGE 476, OFFICIAL RECORDS OF BRAZORIA COUNTY (B.C.O.R.) AND FILE NO. R840236, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.); AND BEING 56.233 ACRES OF LAND LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS MORE PARTICULARLY BEING A PORTION OF A CALLED 181.6209 ACRE TRACT CONVEYED TO SUE ALEXANDER MORRISON, BY INSTRUMENT OF RECORD IN VOLUME 1596, PAGE 93, DEED RECORDS OF SAID BRAZORIA COUNTY DEED RECORDS, AND FILE NO. H178351, OFFICIAL PUBLIC RECORDS OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.); AND BEING 12.810 ACRES OF LAND LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING ALL OF THAT CERTAIN CALLED 12.597 ACRE TRACT CONVEYED TO CLEAR BROOK CITY MUNICIPAL UTILITY DISTRICT, BY AN INSTRUMENT OF RECORD IN FILE NO. U800015, OFFICIAL PUBLIC RECORDS Page 4 of 14 — 2/14/2011 OF REAL PROPERTY OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.). (ZONE CHANGE APPLICATION NO. 2011-01Z), GENERALLY LOCATED EAST OF PEARLAND PARKWAY, NORTH OF PROPOSED HUGHES ROAD, AND EAST OF CLEAR CREEK, AND REFERRED TO AS PROPOSED THE PRESERVE AT CLEAR CREEK SUBDIVISION, FROM SINGLE FAMILY ESTATE DISTRICT (R -E), TO SINGLE FAMILY RESIDENTIAL -1 (R-1), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, APPLICANT, 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 Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000M-75 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. 2011-01Z. City Manager Bill Eisen stated this item is a proposed change in zoning of a piece of property located east of Clear Creek in Harris County. The requested zone change is to accommodate a single-family residential development. The Planning and Zoning Commission has recommended the approval of this zone change application. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with concurrence of Council, moved to New Business Item No. 1, Ordinance No. 1444. FIRST READING OF ORDINANCE NO. 1444 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 117.4457 ACRES OF LAND. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1444 on its first reading. City Manager Bill Eisen stated this item is related to the matter previously discussed and involves a request to annex approximately 117 acres of land into City Municipal Utility District No. 28. The change in the boundaries of any Municipal Utility District located within the City requires Council consent. Page 5 of 14 — 2/14/2011 Mary Watson, 8115 Azure Brook Drive, addressed Council and stated she is concerned regarding the proposed lot sizes for this development and the effect it will have on her property. She is also concerned regarding the traffic issues this development will cause for residents and their families. Stacey Waggoner, 2956 Water Willow Lane, addressed Council and stated she and many other residents support the proposed annexation of land into Municipal Utility District No. 28. Letters from residents in support of the annexation have been provided to the City Secretary. If this opportunity is not utilized the raw land will likely never be developed. She asked that Council approve this item and allow the annexation of the property. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Mike Hodge regarding the Resolution. Councilmember Kyle stated she appreciates the feedback provided regarding the opinion of the residents. She asked for clarification on the process of obtaining the letters of support. Stacey Waggoner stated the letters were typed up and taken door-to-door. The representatives spoke with each individual resident and requested they sign the letter. The agendas of the board meetings are also posted on a very public street in the development. Discussion ensued between Council and Municipal Utility District No. 28 representatives regarding the process of obtaining resident feedback regarding the proposed annexation. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" Councilmember Kyle. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 2000CUP-46 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 8.031 ACRE TRACT OF LAND OUT OF THE W.D.C. HALL SURVEY, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS, BEING A CALLED 8.11 ACRE TRACT OF LAND AS DESCRIBED IN VOLUME 1340, PAGE 651 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS LOCATED AT 3801 LIBERTY DRIVE, PEARLAND, TX, (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-01), TO ALLOW THE OPERATION OF GOLDEN RULE SERVICES, INC., AN INSTITUTE OF RELIGIOUS, EDUCATIONAL, OR PHILANTHROPIC IN NATURE IN THE SINGLE FAMILY Page 6 of 14 — 2/14/2011 RESIDENTIAL -2 (R-2) ZONE AT THE REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF THE CARDEN-JACKSON SCHOOL, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000CUP-46 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2011- 01. City Manager Bill Eisen stated this is a request for a Conditional Use Permit that would allow the operation of a social services agency that would be a daytime center. The Planning and Zoning Commission has recommended the approval of the Conditional Use Permit Application. Councilmember Owens stated this is a good organization and a good location for this type of organization. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-18 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 14, 2011, FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE MEMBER OF THE CITY COUNCIL TO POSITION NUMBER THREE (3). Mr. Young Lorfing, City Secretary. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-18. City Manager Bill Eisen stated this action will call the election and specify polling locations for Early Voting and Election Day. Due to construction near one of the proposed locations, there have been modifications to relocate the polling place from the Shadow Creek Ranch Visitors Center to Mary Burke Marek Elementary School. Councilmember Saboe stated he would like the communication of polling locations to be very clear to avoid confusion for the voters. Page 7 of 14 — 2/14/2011 Mayor Pro -Tem Sherman stated he appreciates the City Secretary's Office addressing his concern regarding the Shadow Creek Ranch Visitors Center voting location. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-17. City Manager Bill Eisen stated this is a contract with Brazoria County for Joint Election Services. This contract is similar to contracts approved in previous elections. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SECOND AMENDED BYLAWS OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Matt Buchanan, Executive Director of Economic Development Corporation. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-19. City Manager Bill Eisen stated this item has been discussed by Council on several occasions and is the most recent submission of the proposed bylaws based on recommendations of Council and previous discussions. Mayor Pro -Tem Sherman stated he disagrees with the decision to not allow a Councilmember to serve on the Pearland Economic Development Corporation; however, he is content with the fact that the Council does appoint the boardmembers and support their recommendations. Page 8 of 14 — 2/14/2011 Councilmember Kyle stated she agrees with the recommendation to not allow a Councilmember to serve on the Pearland Economic Development Corporation. Ms. Kyle requested the term "equal to or greater than" be included in the Contract General Section pertaining to the amount of a contract requiring Council approval. Discussion ensued between Council, City Attorney Darrin Coker, and Executive Director of Pearland Economic Development Corporation Matt Buchanan regarding the Resolution. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to call the question. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING STAFF TO PREPARE A SERVICE PLAN FOR THE PROPOSED ANNEXATION OF AREA 5 LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-21. City Manager Bill Eisen stated Council had previously established a new policy regarding annexation of property. The first area being considered is Area No. 5, which is west of SH 35 and near the south of the existing city limits. This action is the approval for Staff to prepare a service plan for the proposed annexation area. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 9 of 14 — 2/14/2011 COUNCIL ACTION — RESOLUTION NO. R2011-25 — RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-25. City Manager Bill Eisen stated the approval of this item would allow Staff to utilize funds on -hand to pay for expenses associated with specified projects. The expenses would be reimbursed when bonds are sold. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1432-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1432, THE 2010-2011 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1432-1 on its first reading. City Manager Bill Eisen stated this item involves the carryover of portions of the prior year budget to the current budget. Mr. Eisen provided Council with a brief overview of the proposed carryovers. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 10 of 14 — 2/14/2011 FIRST READING OF ORDINANCE NO. 220-10 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 1, IN GENERAL, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AUTHORIZE THE THRESHOLD DELINQUENCY AMOUNT FOR WHICH THE CITY MAY FILE UTILITY LIENS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 220-10 on its first reading. City Manager Bill Eisen stated a group of landlords within the City addressed concerns with Council regarding them being held responsible for their tenants' unpaid utility bills. This item would increase the minimum amount owed to the City before a lien would be placed on the property. Councilmember Saboe stated the proposed increase is minimal and asked if the amount is sufficient to address the issues. Utility Billing Supervisor Meg McNulty stated, based on previous data, the amount will be sufficient. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1358-6 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON -DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1358-6 on its first reading. City Manager Bill Eisen stated this item is the proposed modification to the existing the Fee Ordinance resulting from the concerns expressed by landlords. The deposit on a rental property is currently $150 for utility services and this action will increase $225 for high risk customers. Page 11 of 14 — 2/14/2011 Discussion ensued between Council and Utility Billing Supervisor Meg McNulty regarding the proposed Ordinance. Councilmember Kyle asked for clarification on how applicants are qualified as high risk. Utility Billing Supervisor Meg McNulty stated the determination is made by a third party vendor. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE BARRY ROSE WASTEWATER TREATMENT PLANT REHABILITATION. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-10. City Manager Bill Eisen stated Council previously authorized a contract for a preliminary engineering report evaluating areas of need with regard to upgrading or rehabilitating the existing Barry Rose Wastewater Treatment Plan. The report has been completed and this item is for the approval of a contract for engineering services pertaining to the rehabilitation of the plant. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN AERIAL EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-22. Page 12 of 14 — 2/14/2011 City Attorney Darrin Coker stated CenterPoint has requested the City grant an aerial power easement in which it will pass through one of the City's lift station site on Miller Ranch Road. The Public Works Department has verified there are no conflicts with this request. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A PUMPER TRUCK. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-24. City Manager Bill Eisen stated this item is the proposed award of a contract for the purchase of a pumper truck through the Houston -Galveston Area Council bid process. The proposed unit will be stationed at Fire Station No. 1. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:10 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING CONSULTATION WITH CITY ATTORNEY REGARDING CONFIDENTIAL INFORMATION. Mr. Darrin Coker, City Attorney. Page 13 of 14 — 2/14/2011 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:03 p.m. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. City Council. No action taken by Council. COUNCIL ACTION — REGARDING CONSULTATION WITH CITY ATTORNEY REGARDING CONFIDENTIAL INFORMATION. City Council. Councilmember Owens made the motion, seconded by Councilmember Saboe, to authorize Staff to enter into a Memorandum of Understanding with another law enforcement agency. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:09 p.m. Minutes approved as submitted and/or corrected this the 28th day of February, A.D., 2011. om Reid Mayor ATTEST: Y ng Lo g, R C y Secr ry s Page 14 of 14 — 2/14/2011