Loading...
2007-06-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 25, 2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Saboe called the meeting to order at 7:36 p.m. with the following present: Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Absent: Mayor Tom Reid. Steve Saboe Woody Owens Helen Beckman Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Others in attendance: Parks and Recreation Director Jon Branson; Public Works Director Danny Cameron; Director of Fire Services Jack Colbath; Project Director Trent Epperson; Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Fire Chief Paul Jamison; Director of Finance Claire Manthei; Executive Director of Economic Development Corporation Fred Welch; Purchasing Officer Bob Pearce. Pastor Keith Anderson gave the invocation and Police Chief J.C. Doyle led the Pledge of Allegiance. MAYOR'S ACTIVITY REPORT — Mayor Pro -Tem Saboe announced Mayor Reid is out of town. COUNCIL ACTIVITY REPORTS Councilmember Owens passed. Councilmember Beckman stated she enjoyed two ribbon -cuttings, one at the JFC Credit Union and one at the new Lion's Club Building. Also, she attended the Chamber Lunch, where a fine presentation was given regarding hurricane season preparation. Councilmember Kyle also attended the Lions Club Grand Opening. The building will be rented out for various activities in our community. She felt it was a very fine facility and a very welcome addition to the community. Councilmember Cole also attended the Chamber Lunch. He asked if we have the possibility to link the Chamber presentation regarding hurricane preparation to the City's website. The presentation included a model of storm surge predictions, as well as why some of the evacuation processes have changed since Hurricane Rita. Page 1 of 13 — 6/25/2007 CITY MANAGER'S REPORT City Manager Bill Eisen stated next Wednesday is July 4th. The City has planned a large celebration to be held on the High School Grounds. The event will include a carnival, free admission to the City Pool, a variety of bands, food vendors and fireworks. The bands will begin playing at the stadium at 5:30pm. The fireworks display will begin at 9:15pm. More information can be found at the Park's Department Website. Councilmember Beckman stated she attended one of the Westside Concerts and had a great time. She encouraged others to attend the last concert of the year. She congratulated the Parks Department for a very fine event. She reminded everyone of the opportunity to attend the movies at Independence Park, which is another event provided by the Pearland Parks Department. Mayor Pro -Tem Saboe mentioned the email from Group Builder about the City's Firework Ordinance and practical reminders for firework safety. The email also included the message that the Police would be out in force to ensure compliance with the ordinance. Police Chief Doyle stated it is illegal to possess or discharge fireworks in the City of Pearland. He added fireworks injure children each year. The best and safest thing to do is to watch the City Fireworks display. Fire Chief Jamison stated illegally discharged fireworks cause grass fires, wood shingle fires and structural fires as well as cause personal injury. CITIZENS Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated he has a problem with a drainpipe at his house. He had to call Rotor Rooter last year and was charged $218.00 to clear out the pipe. Several years earlier, the City or Water District enlarged the drainage near the area where his drainpipe is located. On February 16, the City came out, took pictures, and realized the pipe was broken. Then, the City put flags out, but never returned. He asked the City to look at the situation because he feels that the issue has fallen through the cracks, and the pipe is starting to backup again. Pastor Keith Anderson, 4026 Wingtail Way, addressed Council and stated he has been in the City of Pearland since 1979. Pastors in this community want to partner with the City Council. A Pastor would attend each Monday Night meeting and supply Council with a list of pastors and the rotation schedule. The Pastors will pray for Council leadership, families and whatever need may arise. He asked the Mayor and the City Council to utilize the Pastors to assist the City. An example was given of Chaplains for the Fire and Police Departments. Reverend Gentry is President of the Ministry Alliance; he will be the one to put the list together. Page 2 of 13 — 6/25/2007 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: Minutes of the April 2, 2007, Joint Public Hearings held at 6:30 p.m. Minutes of the June 4, 2007, Joint Public Hearings held at 6:30 p.m. Minutes of the June 4, 2007, Special Meeting held at 6:00 p.m. Minutes of the June 11, 2007, Regular Meeting held at 7:30 p.m. Minutes of the June 18, 2007, Regular Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER KEVIN COLE'S ABSENCE FROM THE JUNE 11, 2007, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-96 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A GENERATOR. Mr. Bill Eisen, City Manager D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAVEMENT STRIPING SERVICES. Mr. Bill Eisen, City Manager E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MASTER LEASE/PURCHASE AGREEMENT WITH BANK OF AMERICA. Mr. Bill Eisen, City Manager Councilmember Owens asked that Consent Agenda Item E & D be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through C with the exception of item D and E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Owens, Kyle, Cole, and Mayor Pro -Tem Saboe. Page 3 of 13 — 6/25/2007 Voting "No" None. Motion Passed 0 to 5. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Owens Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAVEMENT STRIPING SERVICES. Mr. Bill Eisen, City Manager Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-98. City Manager Bill Eisen stated this is an annual contract with carryover costs from the prior year. The total amount is approximately $110,000.00. Two bids were received. Concern was noted about the low bidder having the minimum requirement or payment for smaller jobs. An evaluation done by the Public Works Department and Purchasing Department suggested the second lowest bidder would be the most economical choice for the City. Councilmember Owens stated he saw unit prices on the contract but did not see estimated quantities. Public Works Director Cameron stated, it is "as needed." Voting "Aye" Councilmembers Owens, Beckman, Kyle, Cole and Mayor Pro -Tem Saboe. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Owens, Consent Agenda Item E was removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MASTER LEASE/PURCHASE AGREEMENT WITH BANK OF AMERICA. Mr. Bill Eisen, City Manager Page 4 of 13 — 6/25/2007 Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-100. After this item was discussed it was tabled until July 2, to give Council more time to review the Bank of America Contract. City Manager Bill Eisen stated this is a follow-up to the recently approved agreement entered in to provide energy efficient improvements to various City buildings. The actual costs to be paid are based on projections made by energy savings with some additional funds leftover. This does not take into account the cost of maintenance on heating and cooling equipment. Financing on this project will be competitively bid. We will finance over a 12 -year time period to recover those costs as each year generates net cash savings for the City. Bank of America interest rate is 4.24%. Councilmember Cole asked what is the program to capture guaranteed savings? City Manager Eisen stated a different fund would not necessarily be established. Funds will be allocated between the operating departments that will be paying the electric funds. Director of Finance Manthei stated Siemens has a performance contract that they have to tell us if they are meeting their savings. In the budget process for our general fund, we built in the principle and interest payment and lowered utility payment by the estimated amount of savings, 9 months worth, because all equipment will not arrive until late December. We did establish a separate fund but we have accounted for the savings in the budgets. Councilmember Kyle requested a copy of the agreement before taking a vote. Councilmember Owens summarized the cost of $1.4 million includes the interest cost and is over a 12 year period. We know that based upon this equipment upgrade, we will save 1.3 million or more. Councilmember Cole made the motion, seconded by Councilmember Owens, to table Resolution No. R2007-98 until July 2, to give Council more time to review the Bank of America Contract, Voting "Aye" Councilmembers Cole, Kyle, Owens, Beckman, and Mayor Pro -Tem Saboe. Voting "No" None. Motion Tabled 5 to 0. Page 5 of 13 — 6/25/2007 NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000-T-3 — 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. Nick Finan, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000-T-3 on its first reading. Councilmember Cole read into record the Planning & Zoning Commission's recommendation to forward to Council for approval of amending selected provision of the Unified Development Code. Assistant City Manager Finan gave a brief summary of the amendments. Specific wording changes and 9 items were presented. Topics dealt with temporary and exempt signs, define where density was regarding clustered development and PODs limited to 7 days in residential areas, Spectrum clarified the color palette, underground utilities, corridor overlay and parking lot standards added to include asphalt. Screening as alternative with CUP, green space and definitions are added. Outside storage is defined. Mayor Pro -Tem Saboe stated this is a first reading. Council will have an opportunity at the second reading to make adjustments as well as comments. Councilmember Beckman asked if discussion regarding the height of freeway signs is included. Assistant City Manager Nick Finan answered that it is not. That portion of the sign ordinance, highway or corridor sign, will be brought back. Temporary and Exempt Signs are dealt with at this time Discussion ensued between Council and Assistant City Manager Nick Finan. Read in to the records that the Planning Zoning Commission met on June 4th and voted 7 to 0 in favor of this zone change. Mayor Pro -Tem Saboe stated the motion is to uphold their vote. Voting "Aye" Councilmembers Owens, Beckman, Kyle, Cole and Mayor Pro -Tem Saboe. Voting "No" None. Motion Passed 5 to 0. Page 6 of 13 — 6/25/2007 FIRST READING OF ORDINANCE NO. 2000M-33 — 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 4.59 ACRE TRACT, BEING LOT 7A, WHICH IS THE SOUTH ONE-HALF OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY 500 FEET NORTH OF HUGHES RANCH ROAD (COUNTY ROAD 403)), (ZONE CHANGE APPLICATION NO. 2007-05Z), FROM CULLEN MIXED USE DISTRICT (C -MU) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF ONS INVESTMENTS, LLC, APPLICANT FOR HERSH KUMAR, 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. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 2000M-33 on its first reading. Mayor Pro -Tem Saboe read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2007-05Z because of a non -conforming use. City Manager Bill Eisen stated three quarters vote of City Council would be required to overturn. Discussion ensued among Council. Voting "Aye" None. Voting "No" Councilmembers Cole, Kyle, Beckman, Owens and Mayor Pro -Tem Saboe. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-34 — 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 5.9136 ACRES OF LAND OUT OF A CALLED 9.29 ACRE TRACT OF LAND OUT OF THE SOUTH ONE-HALF OF LOT 30 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, Page 7 of 13 — 6/25/2007 AND APPROXIMATELY 350 FEET WEST OF CULLEN BOULEVARD), (ZONE CHANGE APPLICATION NO. 2007-06Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB) TO SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2), AT THE REQUEST OF FREEMAN T. AND OLLIE A. WYCHE, OWNERS, 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. Nick Finan, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-34 on its first reading. Mayor Pro -Tem Saboe read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2007-06Z. City Manager Bill Eisen stated property owners indicated they intend to construct a small residential subdivision that consisted of R-2 lots and that we do have an affirmative from the Planning and Zoning Commission. Councilmember Cole stated he does not believe this is the best use of the property. He cannot support this application. Councilmember Beckman stated it is common to have residences close to general business. She does not view this as a big problem. Councilmember Owens asked if the trails are to go through this location. Mayor Pro -Tem Saboe answered no; it was a different location. Voting "Aye" Councilmembers Owens, Beckman, and Mayor Pro -Tem Saboe. Voting "No" Councilmembers Kyle and Cole. Motion Passed 3 to 2. COUNCIL POSSIBLE ACTION — RESOLUTION NO. R2007-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF ANNUITIES FOR CERTAIN MEMBERS OF THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-99. City Manager Bill Eisen stated previous discussion of Council authorized us to proceed with the bid process to obtain bids from insurance companies to provide certain levels of annuities for long term members of the volunteer fire department. How this came to be, Page 8 of 13 — 6/25/2007 is that the City progressively over the years has increased the amount of money put into the volunteer fire department for volunteers system. Therefore contributions per member were substantially higher for members that joined in more recent years than some of the people that served for many years, when the City was providing a much smaller payment per month. A method has been identified for providing annuities of $200.00 per month for some of those long-term members. We only received one bid, from the Volunteer Fire Services Group. The proposed amount of the annuity is $283,210.00, which will be paid out over 10 years. The Volunteer Fire Department will pay the first year. The City will pay the remaining 9 years as part of the City's annual budget process. Mayor Pro -Tem Saboe states this is in our strategic interest to invest in the careers of the folks that serve our City. This makes a lot of sense for the future development of the force. Councilmember Owens states this is a good thing for us to do. The Volunteer Fire Department has done and will continue to do a great job for the City. Voting "Aye" Councilmembers Cole, Kyle, Owens, Beckman, and Mayor Pro -Tem Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING SERVICES CONTRACT WITH JOHN HARGROVE. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-102 . City Manager Bill Eisen stated since John Hargrove has retired, he has continued to provide very beneficial services to the City. Because of John's good work experience, specifically in planning, we would like to continue the program for a year. This year we will have one specifically large project, updating the City's drainage plan, in addition to the everyday duties. Councilmember Cole stated he liked this contract because it provides continuity, especially within a department that has undergone many changes Discussion ensued between Council and Councilmember Owens. Voting "Aye" Councilmembers Owens, Beckman, Kyle, Cole and Mayor Pro -Tem Saboe. Page 9 of 13 — 6/25/2007 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PIPE AND FITTINGS ASSOCIATED WITH THE FITE ROAD DRAINAGE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-97. City Manager Bill Eisen stated the numbers listed are for materials only. The actual work will be performed by Public Works Department staff members. The proposed scope of this project is the section along the West Oaks Subdivision on Fite Road. We will enclose a storm drainage ditch so a sidewalk can be constructed which will accommodate children walking to school. Mayor Pro -Tem Saboe stated the addition of the sidewalk plan is a good idea in the context of our workshop discussion from last week. Councilmember Kyle stated residents in this area would like for a sidewalk to be in place. This is a long overdue and much-needed project. Mayor Pro -Tem Saboe asked if the City has done business with this firm in the past. Council answered Yes. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Owens, and Mayor Pro -Tem Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-101 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR INSPECTION SERVICES. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-101. Page 10 of 13 — 6/25/2007 City Manager Bill Eisen stated this is an agreement similar to the one that currently exists between the City of Pearland and the Bureau of Veritas, associated with Poag. In this particular case, the agreement specifically relates to the CVO project. The purpose of the agreement is to facilitate the review of plans. Because of the high volume of work expected in a short period time, the agreement will ensure that plans will be adequately reviewed so the project can move forward at the pace requested by the owners of this plan. Also, we can begin to generate sales tax more quickly. Mayor Pro -Tem Saboe asked if the City has any experience with Poag and McEwen. Assistant City Manager Finan stated Poag and McEwen reviewed the Bass Pro Shop Plans. They did a fine job and have done inspections of the slab work and exterior work. As Mr. Eisen said, the contract is identical to the existing one, the only wording change is to include fire inspections. Mayor Pro -Tem Saboe asked how the City could ensure that we are at par with or better than the frequency and type of inspections? Assistant City Manager Finan stated mostly it has been planned review. We are ahead on planned review. I cannot tell you today that is a big difference. It will come towards the end when we encounter things that we have not experienced before. Councilmember Owens asked about after hour and weekend inspections. Do we recover those costs? Assistant City Manager Finan stated yes, that is how the contract is written. Councilmember Cole asked about the departmental change that necessitated this. Have we seen a slow down generating the residential side? Assistant City Manager Finan stated in late January and early February, we had two Plan Reviewers leave and had a Planner out on medical. We dropped from a 7 -day turnaround on residential to a 10 -day to 12 -day turn around. Since then we are back on track with a 7-'/2 day turnaround. Overtime and a lot of pressure are still involved. We are trying to fill the positions quickly. Councilmember Beckman stated it is important to keep things moving as fluidly and quickly as possible, so this is a great idea. Voting "Aye" Councilmembers Owens, Beckman, Kyle, Cole and Mayor Pro -Tem Saboe Voting "No" None. Motion Passed 5 to 0. Page 11 of 13 — 6/25/2007 COUNCIL ACTION — RESOLUTION NO. R2007- 103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-103. After this item was discussed it was tabled pending further review. City Attorney Darrin Coker stated this is an easement being requested in the Lakes of Highland Glen Subdivision. Actually, this is an aerial easement across an 8 -foot section at the City's lift station. Greg Coleman of Beazer Homes and Sue Finley of Center Point are present to answer any questions that Council has. Originally, I did have some concerns. After discussions with the other parties, my concerns are not as great. Mayor Pro -Tem Saboe asked for any concerns that are in the great category City Attorney Darrin Coker stated for clarification, this is not the only easement that will be requested by Center Point. They will need an easement to go across property, acquired from Clinton Wong for detention, in the flood plan, to supply power to the Oak Brook Subdivision. In this particular case, the concern is not as great, simply because the easement area is a very small area. A larger area would be of greater concern, because of the greater potential for complaints from area residents. Councilmember Cole stated this request is a defined 8 -foot easement, which would not be a blanket easement. Center Point spokesperson, Sue Finley, 6718 Deer Ridge Lane, Houston, stated Center Point will be tying in to an existing pole for aerial electric; also will have underground gas, cable and telephone; therefore, 8 feet of ground easement is also requested. Councilmember Owens stated this is an aerial and ground easement. City Attorney Darrin Coker stated this is an 8 foot wide ground easement which includes an aerial easement that begins at 16 feet above. City Attorney Darrin Coker stated the original version of the easement had the City picking up the cost of the easement; that line was removed. There is no fee for this easement. Conversation ensued among Councilmembers, Mayor Pro -Tem Saboe and Sue Finley regarding future use of easement, costs, and overhead transformers. Beazer Homes spokesperson, Gregg Coleman, 10235 West Little York, Houston,77065, stated essentially a 40 lot subdivision section exists in the middle of a subdivision. Engineering, Planning and Zoning and Council have approved the lots. Homes are being built on those lots. This will allow electricity and gas to serve those homes. He then gave a brief overview of the power needs Page 12 of 13 — 6/25/2007 Councilmember Owens made the motion, seconded by Councilmember Beckman, to table Resolution No. R2007-103, pending further review by Council. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Owens and Mayor Pro -Tem Saboe. Voting "No" None. Motion Tabled 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:55 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:34 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:34 p.m. Minutes approved as submitted and/or corrected this the 9th day o ly, A.D., 2007. �OYyCr Tom Reid Mayor ATTEST: ung Ornw, C ity Secretary Page 13 of 13 — 6/25/2007