NOUCE Of REGULAR CITY COUNCIL MEETING

NonCE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF ROSENBERG, FORT BEND COUNTY, TEXAS, WILL MEET IN REGULAR SESSION OPEN TO THE PUBUC AS FOLLOWS:

DATE:

TIME:

PLACE:

Tuesday, December 4, 2018

7:00 p.m.

Rosenberg City Hall City Hall Council Chamber 2110 4th Street Rosenberg, Texas 77471

PURPOSE: Regular City Council Meeting, agenda as follows:

The City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by Title 5, Chapter 551, of the Texas Government Code.

Call to order: City Hall Council Chamber

Invocation and Pledge of Allegiance. (Reverend Michelle Linares, Lion of Judah Church, Rosenberg)

Announcements.

GENERAL COMMENTS FROM THE AUDIENCE. Citizens who desire to address the City Council with comments of a general nature will be received at this time. Each speaker is limited to three (3) minutes. Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room and shall be barred from reentering the Chamber during the session of City Council. In accordance with the Texas Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. It is our policy to have all speakers identify themselves by providing their name and residential address when making comments.

COMMENTS FROM THE AUDIENCE FOR CONSENT AND REGULAR AGENDA ITEMS. Citizens who desire to address the City Council with regard to matters on the Consent Agenda or Regular Agenda will be received at the time the item is considered. Each speaker is limited to three (3) minutes. Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room and shall be barred from reentering the Chamber during the session of City Council. Comments or discussion by the City Council Members will only be made at the time the agenda item is scheduled for consideration. It is our policy to have all speakers identify themselves by providing their name and residential address when making comments.

CONSENT AGENOA

1. Reyiew of Consent Agenda. All Consent Agenda items listed are considered to be routine by the City Council and may be enacted by one (1) motion. There will be no separate discussion of Consent Agenda items unless a City Council Member has requested that the item be discussed, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the Regular Agenda.

A. Consideration of and action on minutes of the Regular Meeting on October 16, 2018, the Workshop Meeting on October 23,2018, the Regular Meeting on November 06,2018, and the Special Joint Meeting on November 13, 2018. (Oanyel Swint, City Secretary)

B. Consideration of and action on acceptance of the resignations of Grace Haggerty and Marco Ruiz from the Main Street AdviSOry Board. (Danyel Swint, City Secretary)

C. Consideration of and action on the appointment of Frankie Rodriquez to the Main Street Advisory Board. (Danyel Swint, City Secretary)

D. Consideration of and action on proposed changes to City Council member appointments to the Charter Review Committee. (Danyel Swint, City Secretary)

E. Consideration of and action on Resolution No. R-2605, a Resolution authorizing the City Manager to execute and accept, for and on behalf of the City, a Reading Road Siphon Easement by and between the City and NRG Texas Power, LLC, for a 0.1045 acre tract of land out of the Simon Jones Survey, Abstract No. 271, for the purposes of constructing, operating, and maintaining a six-foot by four-foot (6' x 4') reinforced concrete box culvert siphon to carry storm water under the canal on a portion of the NRG canal property. (Rigo Calzoncin, Executive Director of Public Services)

F. Consideration of and action on Resolution No. R-2608, a Resolution authorizing the City Manager to execute and accept, for and on behalf of the City, an Easement Grant and Dedication by and between the City and A-S 83 Town Center - FM 2218, L.P., for a ten-foot sidewalk easement as it relates to the Reading Road Center Turn Lane Project. (Rigo Calzoncin, Executive Director of Public Services)

G. Consideration of and action on Ordinance No. 2018-43, an Ordinance amending the Code of Ordinances by deleting Article III of Chapter 26 thereof, and substituting therefor a new Article'" of Chapter 26, entitled "Property Tax Abatement Guidelines and Criteria"; providing for severability; and, providing an effective date. (Bret Gardella, Economic Development Director)

H. Consideration of and action on a Final Plat of Stonecreek Village Drive Extension No.1, a subdivision of 2.39 acres of land out of the Wiley Martin Survey, A-56 Fort Bend County, Texas. (Ian Knox, Planning Administrator)

I. Consideration of and action on a Short Form Final Plat of Continental 453 Fund Subdivision, being a subdivision of 15.953 acres out of the Robert E. Handy Survey, A-187 in Fort Bend County, Texas. (Fort Bend Co. Municipal Utility District No. 144); 1 Block and 1 Reserve. (Ian Knox, Planning Administrator)

J. Consideration of and action on a Short Form Final Plat of Christian Brothers Rosenberg Section One, being a subdivision of 0.783 acres out of the Robert E. Handy Survey, A-187, in the City of Rosenberg, in Fort Bend County, Texas. (Fort Bend County M.U.D. No. 144); 1 Block and 1 Reserve. (Ian Knox, Planning Administrator)

K. Consideration of and action on Resolution No. R-2609, a Resolution authorizing the City Manager to execute and accept, for and on behalf of the City, a Public Drainage and Storm Sewer Utility Dedication Deed by and between the City and Benedettini Investments for dedication of a twenty-five foot (25') permanent public drainage easement and related storm water utility infrastructure constructed by Benedettini Cabinets, L.P., for the completion of the Performance Agreement entered into by and between the Rosenberg Development Corporation and Benedettini Cabinets, L.P. (John Maresh, City Manager)

L. Consideration of and action on Resolution No. R-2610, a Resolution authorizing the City Manager to execute and accept, for and on behalf of the City, a Drainage Easement by and between the City and Benedettini Investments, more particularly described as a 25-foot wide strip of land in the Henry Scott League, Abstract 83, Fort Bend County, Texas, being over, through and across that certain called 5.00 acre tract recorded under County Clerk's File Number 2004141707, Official Public Records, Fort Bend County, Texas, and that certain called 9.781 acre tract recorded under County Clerk's File Number 2004141711, Official Public Records, Fort Bend County, Texas. (John Maresh, City Manager)

M. Consideration of and action on a second reading of Ordinance No. 2018-41, an Ordinance granting consent to Fort Bend County Municipal Utility District No. 184 (Stonecreek Estates) to design, acquire, construct, finance, issue bonds for roads, as per the Texas Constitution and Statutes, within the Extraterritorial Jurisdiction of the City of Rosenberg, Texas, as further provided herein; making certain findings of fact and other conclusions as herein set out. (Travis Tanner, Executive Director of Community Development)

N. Consideration of and action on a second reading of Ordinance No. 2018-42, an Ordinance granting consent to Fort Bend County Municipal Utility District No. 152 (Walnut Creek) to design, acquire, construct, finance, issue bonds for roads, as per the Texas Constitution and Statutes, within the Extraterritorial Jurisdiction of the City of Rosenberg, Texas, as further provided herein; making certain findings of fact and other conclusions as herein set out. (Travis Tanner, Executive Director of Community Development)

O. Consideration of and action on Ordinance No. 2018-44, an Ordinance granting consent to the Fort Bend County Municipal Utility District No. 184 (Stonecreek Estates) for the sale and issuance of Unlimited Tax Road Bonds in an amount not to exceed $2,535,000. (Travis Tanner, Executive Director of Community Development)

P. Consideration of and action on Resolution No. R-2614, a Resolution authorizing the City Manager to execute, for and on behalf of the City, Budget Amendment 19-02 to appropriate funds for the purchase of security camera equipment and related installation expenses for Brazos Park in the amount of $27,000.00. (Joyce Vasut, Assistant City Manager)

REGULAR AGENpA

2. Review and discuss a report regarding the status of collections for delinquent taxes, fines, and mowing and demolition liens, and take action as necessary. (Joyce Vasut, Assistant City Manager)

3. Consideration of and action to approve a project for the extension of Avenue D between 7th Street and 8th Street. (Rigo Calzoncin, Executive Director of Public Services)

4. Consideration of and action on Resolution No. R-2611, a Resolution authorizing the City Manager to execute and accept, for and on behalf of the City, a Funding Agreement for the extension of Avenue D (CEHE Project SAP#84693993) by and between the City and CenterPoint Energy Houston Electric, LLC, for the extension of Avenue D between 7th Street and 8th Street. (John Maresh, City Manager)

5. Consideration of and action on Resolution No. R-2613, a Resolution authorizing the City Manager to execute, for and on behalf of the City, a Digital Billboard Conversion Agreement, by and between the City and Clear Channel Outdoor, Inc. (Travis Tanner, Executive Director of Community Development)

6. Consideration of and action on Resolution No. R-2593, a Resolution authorizing the City Manager to negotiate and execute, for and on behalf of the City, a Reimbursable Agreement related to the Spacek Road Expansion Project, by and between the City and ExxonMobil Pipeline Company. (Rigo Calzoncin, Executive Director of Public Services)

7. Consideration of and action on Resolution No. R-2603, a Resolution authorizing the City Manager to negotiate and execute, for and on behalf of the City, an Engineering Services Agreement, by and between the City and Jones and Carter, Inc., for City of Rosenberg utility project to include the Seabourne Creek Park Reclaimed Water System Expansion to Bryan Road, and the Rosenberg Development Corporation projects for the 1-69 16-inch Waterline Extension from Graeber Road to Bryan Road and to extend a 12-inch waterline along Kroesche Road and 1-69 in the total amount of $280,000.00. (Rigo Calzoncin, Executive Director of Public Services)

8. Consideration of and action on Resolution No. R-2607, a Resolution authorizing the City Manager to negotiate and execute, for and on behalf of the City, Supplemental Agreement No.1 to the Agreement for Engineering Design Services for the Reading Road Center Turn Lane Project, by and between the City and Dannenbaum Engineering Corporation, for additional services in the amount of $25,000.00. (Rigo Calzoncin, Executive Director of Public Services)

9. Consideration of and action on Resolution No. R-2615, a Resolution providing for the amendment of the City Council Rules of Procedure (Thirteenth Revision), namely Article II related to meeting start times and the City Attorney, Article III related to abstentions, Article V related to comments from the audience and City Council member requests for comments, Article VI related to public comments and City Council requests for comments during Workshop Sessions, and Article VII related to citizen registration to provide comments to City Council. (Danyel Swint, City Secretary)

10. Consideration of and action on a proposed change in City Council member liaison to the Planning Commission. (Danyel Swint, City Secretary)

11. Consideration of and action on proposed changes to City Council member representatives to the Hotel Occupancy Tax (HOT) Evaluation Committee. (Danyel Swint, City Secretary)

12. Hold Executive Session to receive privileged information related to confidential personnel matters and seek legal advice and assessment of potential liabilities on same pursuant to Section 551 .071(2) of the Texas Government Code; to receive legal advice regarding City Council authority to appoint or remove board and commission members and to establish or abolish boards and commissions not established by Charter pursuant to Section 551.071 of the Texas Government Code; to consult with City Attorney to seek or receive advice on legal matters regarding dispute with Imperial Performing Arts, Inc., pursuant to Section 551.071 of the Texas Government Code; for deliberations related to the potential purchase, exchange, lease, or value of real property related to Phase III of the Spacek Road Expansion Project pursuant to Section 551.072 of the Texas Government Code; and to deliberate the deployment or implementation of information resources technology and IT security devices related to Police Department IT infrastructure and technology pursuant to Section 551.089 of the Texas Government Code.

13. Adjourn Executive Session, reconvene Regular Session, and take action as necessary as a result of Executive Session.

14. Review and discuss proposed changes to the Animal Control Shelter Advisory Board members, and take action as necessary. (Cynthia Trevino, City Attorney)

15. Adjournment.

DATED AND POSTED this the doM day of ~ 2018, at IJ:5 t/.J . m.,

- I

William Benton, Mayor

Appro.s.Eld for Posting: John Maresh, City Manager

nY~1 Swint. City Secretary ~ ,c4~

Reasonable accommodation for the disabled attending this meeting will be available; persons with disabilities in need of special assistance at the meeting should contact the City Secretary at (832) 595-3340.

Executive Sessions: The City Council may retire to executive session in accordance with the Texas Government Code, any time between the meeting's opening and adjournment for the purposes of:

• consultation with legal counsel (Section 551.071); • deliberation regarding real property (Section 551.072); • deliberation regarding economic development negotiations (Section 551.087); • deliberation regarding the deployment or specific occasions for Implementation of security personnel or devices (Section 551.076)

Attendance by other elected or appointed officials: It is antiCipated that members of other city boards, commissions or committees whose meetings may be governed by the Texas Open Meetings Act may attend this meeting in numbers that may constitute a quorum of the other city boards, commissions or committees. Notice Is hereby given that the meeting, to the extent required by law, Is also noticed as a possible quorum/meeting of the other boards, commissions or committees of the City, whose members may be in attendance. The members may speak as recognized by the presiding officer, but no action may be taken by any board, commission or committee unless such Item is specifically provided for on an agenda designated for that board, commission or committee and posted in compliance with the Texas Open Meetings Act.

This Agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting conSidering the available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the Intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.