2010-04-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, APRIL 12, 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 7:47 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Felicia Kyle
Woody Owens
Scott Sherman
Steve Saboe
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; J. C. Doyle Police Chief;
Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Claire Bogard
Finance Director; Michelle Smith Director of Parks and Recreation; Matt Buchanan
Executive Director of Economic Development Corporation; David Whittaker Director of
Inspection Services, Kyler Cole Old Townsite ED Coordinator; Bob Pearce Purchasing
Officer and Johnny Spires Assistant Police Chief.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police
Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported March 24, he presented a Proclamation for "The Outstanding
Middle School Principal in Texas" to Alexander Middle School Principal Annette
Chambliss; March 25, joined Councilmember Owens and City Manager Bill Eisen at the
University of Houston Clear Lake Annual Report to the Community, acted as a waiter at
the Adult Reading Center Red Hat Luncheon and cut the Ribbon for Texas Advantage
Bank; March 27, attended the Pearland Economic Development Corporation Annual
Retreat, spoke at the Eagle Court of Honor for Gabriel Pinkelman; March 28, attended
the Pearland Arts League Art Show; March 29, attended the Council Workshops; March
30, attended the National Business Education Association Board of Directors Meeting
and the Jamison Middle School Environmental Fair; March 31, met with Commissioner
Stacy Adams on Brazoria County Tax Abatement Guidelines, attended the Economic
Alliance Port Region Board of Directors Meeting and joined Mayor Pro -Tem Kyle and
Councilmember Sherman at the Texas Municipal League Region14 Meeting ; April 1,
attended the promotion to Sergeant Services for Detective Kennimer, joined City
Manager Bill Eisen at a meeting with Dave Goswick from Waterlights, attended the
Chamber of Commerce Annual Business Showcase and attended the Southeast Shrine
Page 1 of 11 — 4/12/2010
Club Monthly Luncheon; April 5, attended the Agenda Meeting and the Council
Workshop; April 6, attended the Kelsey -Seybold Ribbon Cutting of their 2nd Clinic and
attended the West Side Republican Women's Candidate Night; April 8, attended the
Pearland Arts League Board of Directors Meeting, visited the Alvin Community College
Career Fair and cut the Ribbon for the AMI Grand Opening; April 9, attended the
Chamber Before Business Breakfast where Mayor Pro -Tem Kyle was the speaker,
spoke at the St. Helen's Knights of Columbus Silver Anniversary Dinner; April 10, joined
Assistant Police Chief Johnny Spires at the Annual Gulf Coast Exchange Club 45th
Annual Crime Prevention Dinner honoring Officer John Despain as the Pearland Police
Department Officer of the Year.
Mayor Reid and Police Chief J. C. Doyle presented a Proclamation to Police Support
Services Supervisor Stephanie Galvan, Police Department Support Services
Coordinator Deanna Harter, Police Department Telecommunications Operator Jennifer
Reynolds and Police Department Telecommunications Operator Quanah Radabaugh
proclaiming the week of April 11 — 17, 2010 as "Public Safety Telecommunications
Week."
Mayor Reid and Councilmember Saboe presented a Proclamation to Thad Bujnock,
Dick Schock and Steve Lowery from the Knights of Columbus, proclaiming April 24,
2010 as "23rd Annual Crawfish Festival Day."
Mayor Reid and Police Chief J. C. Doyle presented a Certificate of Recognition to
Danny Lynn Scott and Megan Lynn Scott.
Mayor Reid and Police Chief J. C. Doyle presented a Proclamation to Police
Department Secretary Velma Guadiana proclaiming April 18 — 24, 2010 as "Crime
Victims' Rights Week."
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported at the end of March, he attended the kick-off for the
Pearland King and Queen contest in which Councilmember Cole and Mayor Pro -Tem
Kyle are candidates. On April 4, he attended the opening for Kelsey Seybold. On April
12, he attended a meeting with the Northern Brazoria County Education Alliance.
Councilmember Sherman reported on March 27, he attended the Pearland Economic
Development Corporation Retreat. On March 31, he attended the Texas Municipal
League Meeting where 30 cities were represented and Mayor Anisse Parker spoke
regarding regional issues. On April 6, he attended a MUD No. 26 meeting to discuss
the possibility of partnering for a new library. On April 8, he attended the AMI Pearland
Grand Opening. He reported Pearland has a 65% return rate on Census Forms as of
April 11 and stressed the importance to the City and Region to get the Forms mailed in.
Page 2 of 11 — 4/12/2010
Mayor Pro -Tem Kyle reported on March 31 she attend the Texas Municipal League
meeting. On April 9, she spoke at the Chamber Breakfast Before Hours Meeting which
was hosted by the Houston Energy Women's Football League.
Councilmember Saboe thanked everyone for their support and attendance at the Red
Hat Luncheon which was a very successful event. He attended St. Helen's Knights of
Columbus Silver Anniversary Dinner on April 9.
Councilmember Cole reported the YMCA Partners Campaign met their goal of $98,000
through local efforts of the YMCA. He thanked everyone who participated. They
provided 5,000 children with scholarships. On March 30, he attended the Dare to Excel
Lunch sponsored by the Rotary Club. They gave $25,500 in scholarships for Pearland
Independent School District Seniors. The City hosted a meeting with two Houston
Community College representatives; one from the main campus and one from the
Coleman College Medical Branch. They met regarding the possibility of them coming to
our community and possibly locating a campus in our area.
CITY MANAGER'S REPORT
City Manager Bill Eisen announced on April 26, the City Council meeting will be held on
the west side of the City in the new Public Safety Building. He reported that Municipal
Court and the Police Department will be moving in April. Tours will be conducted before
this meeting. On May 15, the official ribbon cutting will take place and additional tours
will be conducted.
Mayor Reid recognized City Council Position No. 5 Candidates Tammy Dexter and Ed
Thompson.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the March 22, 2010, Regular Meeting held at 7:30 p.m.
2. Minutes of the March 29, 2010, Special Meeting held at 7:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1416-2010 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 9, ELECTRICITY, OF THE
Page 3 of 11 — 4/12/2010
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-
153, ENTITLED ADOPTED; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION – SECOND AND FINAL
READING OF ORDINANCE NO. 1211-2010 – AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND
ARTICLE III, ENTITLED FIRE CODE, AND TO AMEND ARTICLE VI,
ENTITLED FIRE LANES; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION – SECOND AND FINAL
READING OF ORDINANCE NO. 1209-2010 – AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 7-13, ENTITLED BUILDING
CODE ADOPTED; SECTION 7-13.1, ENTITLED LOCAL
AMENDMENTS, SECTION 7-26, ENTITLED SWIMMING POOL
CODE—ADOPTED; CONFLICTING PROVISIONS, SECTION 7-26.1,
ENTITLED SAME—AMENDMENTS, MODIFICATIONS, ADDITIONS,
DELETIONS, SECTION 7-51, ENTITLED MECHANICAL CODE
ADOPTED, AND SECTION 7-51.1, ENTITLED LOCAL
AMENDMENTS, AND TO ADD ARTICLE II 3/, TO BE ENTITLED
EXISTING BUILDING CODE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION – SECOND AND FINAL
READING OF ORDINANCE NO. 1296-2010 – AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND ARTICLE V, ENTITLED UNSAFE
BUILDING ABATEMENT, TO AMEND SECTION 7-81, ENTITLED
Page 4 of 11 – 4/12/2010
RESIDENTIAL CODE ADOPTED; TO AMEND SECTION 7-81.1,
ENTITLED LOCAL AMENDMENTS; TO AMEND SECTION 7-82,
ENTITLED ENERGY CODE ADOPTED; AND TO ADD A NEW
SECTION 7-82.1, TO BE ENTITLED LOCAL AMENDMENTS;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1210-2010 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-
1, ENTITLED PLUMBING CODE ADOPTED; SECTION 23-1.1,
ENTITLED LOCAL AMENDMENTS, SECTION 23-161, ENTITLED
FUEL GAS CODE ADOPTED, AND SECTION 23-161.1, ENTITLED
LOCAL AMENDMENTS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1417 — 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.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1418 — 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
Page 5 of 11 — 4/12/2010
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.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-48 — 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
DIGITAL CAMERA SYSTEMS FOR THE POLICE DEPARTMENT.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Sherman, to
adopt Consent Agenda Items A through I as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 2000M-68 — 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 9.5171 ACRES IN THE
W.D.C. HALL LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS AND
BEING THE RESIDUE OF THAT TRACT SOLD BY NONA GAY CARR TO ROSS A.
MCCLENDON, AS DESCRIBED IN DEED RECORDED UNDER BRAZORIA COUNTY
CLERK'S FILE NO. 95-022654. (GENERALLY LOCATED AT THE 2810 DIXIE FARM
ROAD, PEARLAND, TX), (ZONE CHANGE APPLICATION NO. 2009-15Z), FROM
Page 6 of 11 — 4/12/2010
SINGLE FAMILY RESIDENTIAL -1 (R-1), TO PLANNED DEVELOPMENT DISTRICT
(PD), AT THE REQUEST OF RON JACKSON WITH CURRY ARCHITECTURE,
APPLICANT FOR ROSS MCCAMMON, OWNER, PROVIDING FOR AN AMENDMENT
OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
remove New Business Item Number One from the agenda at the applicant's request.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-49 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
WORKFORCE DEVELOPMENT SERVICES WITH THE NORTHERN BRAZORIA
COUNTY EDUCATION ALLIANCE. Mr. Matt Buchanan, Executive Director of the
Economic Development Corporation.
Councilmember Sherman made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2010-49. After discussion, this item was tabled.
Discussion ensued between Council, Executive Director of the Economic Development
Corporation Matt Buchanan, Old Townsite ED Coordinator Kyler Cole, Kurt White from
Aggreko Llc, Richard Wong from Weatherford, Terry Morgan and Jim Sudela from the
Northern Brazoria County Education Alliance.
Councilmember Sherman stated, paragraph three of the agreement signed last year
requires a quarterly accounting of funds be submitted to the Pearland Economic
Development Corporation from the Northern Brazoria County Education Alliance. That
accounting has not been done. His concern is that we have taxpayer money that is
being spent and we need to account for it. He stated he cannot vote for a contract to
provide additional funds until he has a full accounting of the 2009-2010 funds.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman to table
Resolution No. R2010-49 to allow Council to receive additional information to review
prior to voting.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 11 — 4/12/2010
COUNCIL ACTION — RESOLUTION NO. R2010-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT
WITH NEELILA, LLC.; FINDING AND DETERMINING THAT TERMS OF SAID
AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE,
V.A.T.S. AS AMENDED, ORDINANCE NO. 1353, ESTABLISHING REINVESTMENT
ZONE #20, AND THE GUIDELINES AND CRITERIA FOR GOVERNING
REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN
RESOLUTION NO. R2006-121. Mr. Kyler Cole, Old Townsite ED Coordinator.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-51.
Old Townsite ED Coordinator Kyler Cole stated, Council has before them amendments
to the agreement that was approved in 2008.
City Attorney Darrin Coker stated, the terms of the abatement cannot change. The only
thing that has changed is the named party Neelila LLC. At that time, there yvas a
dispute with one of the partners and that was resolved and now they are ready to move
forward. Neelila LLC is the actual group. We have also changed the date. It is still for a
five year period; it has only been changed to reflect today's current date since two years
have passed. The actual terms of the abatement have not changed.
Councilmember Saboe stated, the name in the exhibits has not been changed. They
should be changed. He asked what is the relationship between the companies.
Kevin Sareen President of Neelila LLC stated, we have an asset holding company
called Neelila LLC and we have an operating company called Neelila. Neelila LLC will
rent the building to Neelila. There is already a lease agreement in place which was
presented to Brazoria County for tax abatement purposes
Councilmember Saboe stated, all references to Neela Inc. should be Neelila LLC. With
regard to the performance components, none of those have changed; no conditions in
the market place except for the delay that it puts you in, puts you in a place where it
would be difficult to meet the performance measures that are a part of the abatement.
Old Townsite ED Coordinator Kyler Cole stated the actual job performance agreement
with the Pearland Economic Development Corporation has been given in draft format to
the Executive Director of Economic Development Corporation Matt Buchanan and to the
company. The structure of the incentive arrangement has changed. Initially, it was
arranged and negotiated that there would be a $150,000 payment upon certificate of
occupancy. We have proposed to spread that out over a period of five years now based
on what the company has agreed that they think they can achieve. There are
Page 8 of 11 — 4/12/2010
essentially tranches of employment figures that put them around 30 jobs, then close to
50 to 60 jobs and then ultimately their total staffing around 90.
Councilmember Saboe stated, he is assuming that they are going to change the name
on the documents.
City Attorney Darrin Coker indicated that this would be done.
Mayor Pro -Tem Kyle stated she would like to know the voting from 2008.
City Secretary Young Lorfing reported the vote on this item at the September 8, 2008
Regular Meeting was 4-0, with Councilmember Saboe absent. Voting "Aye" Cole, Kyle,
Beckman and Owens with Councilmember Saboe absent.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-50 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING A LEASE
AGREEMENT WITH KEEP PEARLAND BEAUTIFUL.
Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-50.
City Manager Bill Eisen stated, the City entered into a fifteen -year lease with Keep
Pearland Beautiful. At that time Keep Pearland Beautiful was Clean Pearland Inc.
They occupied space on the third floor of City Hall and paid for some of the finish out
work and, in addition, paid two hundred dollars a month thereafter to lease space
somewhere from the City. The way this document is drafted, we would provide a
location for Keep Pearland Beautiful somewhere in a city owned or leased facility for a
period of three years with an option to renew for one year. The timing of this was based
on when the City projected having the new John Hargrove Environmental Center. The
rent goes up a little bit on this lease agreement and a there is a provision for Keep
Pearland Beautiful to pay their own cost of copying on a City furnished machine where
that previously was covered in our agreement with them.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 9 of 11 — 4/12/2010
COUNCIL ACTION — RESOLUTION NO. R2010-47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING CERTAIN PENALTIES
AND INTEREST FOR TAX ACCOUNT NO. 0800-3000-0055 AS REQUIRED BY
TEXAS TAX CODE SECTION 33.011(a)(1). Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2010-47.
City Attorney Darrin Coker stated, this a mandatory provision of the Texas Tax Code in
which the City is required to waive the penalty and interest because there was a
mistake with respect to the notification of the owner of the property.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:15 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING
CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2009
- 2010. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:05 p.m.
COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S EVALUATION
AND PERFORMANCE GOALS FOR 2009 - 2010. City Council.
Councilmember Cole made the motion, seconded by Councilmember Owens to approve
the salary adjustment of the City Manager as discussed in Executive Session.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 11 — 4/12/2010
ADJOURNMENT
Meeting was adjourned at 11:06 p.m.
Minutes approved as submitted and/or corrected this the 26th day of April, A.D., 2010.
ATTEST:
g� 4
Tom Reid
Mayor
Page 11 of 11 — 4/12/2010
THIS PAGE LEFT
BLANK INTENTIONALLY