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2010-09-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 13, 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 7:58 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; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Colene Cabezas Recreation Superintendent; Meg McNulty Utility Billing Services Supervisor; Ian Clowes Planner I; Judy Krajca Planning Office Coordinator; June Ellis Budget Officer; Julie Diaz Recreation Manager; Evan Duvall Planner II; Theresa Battenfield Assistant Project Director; Andrea Brinkley Project Manager; Cara Nesby Project Manager; Debbie Schielke Web/Cable Administrator; Rosalyn Epting Assistant Director of Parks and Recreation; Billy Pounds Aquatic Manager. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Troop 460 Eagle Scout Terry Johnston. MAYOR'S ACTIVITY REPORT Mayor Reid reported on August 31 he attended the Northern Brazoria County Educational Alliance Board of Director's Meeting; September 3, joined the Chamber of Commerce for the Premier Pool Ribbon Cutting; September 7, attended the Agenda Meeting and joined Mayor Pro -Tem Scott Sherman and City Manager Bill Eisen at the Westside Library Meeting; September 8, spoke on City Progress at the Exchange Club; September 9, attended the Brazoria County Tax Abatement Review Committee; September 10 attended the Chamber Before Business Breakfast, met with Alvin Animal Trainer to present a Service Dog to Sherry Govella, a Pearland citizen and presented a Certificate of Appreciation to Kyle Lord, a Pearland soldier just returned home; September 11 gave the prayer at the opening ceremony of Little League Football, spoke at the recognition of the Pearland Little League Allstar Team and spoke at the Eagle Scout Court of Honor for Troop 464. Page 1 of 16 — 9/10/2010 Mayor Reid presented Pearland Chamber of Commerce President Carol Artz with a Certificate of Recognition for achieving the Chamber Executive Certification. Mayor Reid presented Janie Lewis, Alzheimer's Association, with a proclamation proclaiming September 21, 2010, "World Alzheimer's Day." Mayor Reid and Councilmember Owens presented Michael Rambaran, Ruth Rambaran, and Bill Cyrus with a proclamation proclaiming September 19 — 24, 2010, "Employee Support of Guard and Reserve Week." Mayor Reid and Assistant City Manager Mike Hodge presented Planning Director Lata Krishnarao, Plan and Plat Administrator Richard Keller, Office Coordinator Judy Krajca, Planner II Evan Duvall, and Planning and Zoning Commissioners Henry Fuertes, Susan Sherrouse, Neil West, and Richard Golden with the American Planning Association "Planning Excellence Award 2009" for the Planning Department. Parks, Recreation, and Beautification Boardmembers Quentin P. Wiltz and Kelly Moody presented Parks and Recreation director Michelle Smith, Assistant Parks and Recreation Director Rosalyn Epting, Recreation Superintendent Colene Cabezas, Recreation Manager Julie Diaz, Aquatic Manager Billy Pounds, Project Director Trent Epperson, and Project Manager Andrea Brinkley with a plaque for the Recognition of their commitment and dedication to the Recreation Center and Natatorium Project. COUNCIL ACTIVITY REPORTS Councilmember Owens commended the Parks and Recreation Department for a great job on the parade for the Little League Team's efforts in the World Series. He stated the boys are a great group of kids that represented themselves and Pearland in a very positive way. The Texas Contractors Association voted the Pearland Recreation Center and Natatorium as the best Natatorium in the area and he feels Staff did an excellent job. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Sherman stated he agrees with Councilmember Owens on the success of the Little League Parade. The Friends of the Westside Pearland Library conducted a reorganization meeting and will meet September 14, 2010, at 7:00 p.m. at Nolan Ryan Junior High if anyone is interested in attending. Councilmember Kyle stated she attended the Ring of Honor Fundraiser. She wanted to commend the group that organized the event and the citizens that came out for the cause and help raise $40,000, which was the most money that had been raised at a single event. Page 2 of 16 — 9/10/2010 Councilmember Thompson stated he attended the Ring of Honor Fundraiser and it was a wonderful event. The citizens that came out to donate their time and money exhibited the caring and giving attitude of the community. He also is very proud of the young men on the Little League Team and the parents of the Dad's Club. CITY MANAGER'S REPORT City Manager Bill Eisen stated he wanted to recognize Cary Cappers of the Parks and Recreation Department for her efforts involved with the Little League Parade. He would also like to thank the Pearland Police Department, Pearland Citizen Police Academy Alumni Association for their services for crowd control. The Fire and EMS Departments also committed their time and services for the event. CITIZENS Larry Marcott, 3606 Inverness Court, addressed Council and stated he would like to discuss Inverness Lane. There is a sign that states Inverness Lane will be closed September 20, 2010. The subdivision has only one way out and in and closing this road will not allow residents in or out. He understands that this is probably something the contractor has done and that the project is a State project. He has worked with Project Director Trent Epperson on the issue before. Someone needs to address this situation and accommodate the residents and allow them access to their homes. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 16, 2010, Special Meeting — held at 6:00 p.m. 2. Minutes of the August 16, 2010, Public Hearing — Annexation Area No. 1 held at 6:30 p.m. 3. Minutes of the August 16, 2010, Public Hearing — Annexation Area No. 2 held at 6:30 p.m. 4. Minutes of the August 16, 2010, Public Hearing — Annexation Area No. 3 and 4 held at 6:30 p.m. 5. Minutes of the August 23, 2010, Special Meeting held at 7:15 p.m. 6. Minutes of the August 23, 2010, Public Hearing held at 6:30 p.m. 7. Minutes of the August 23, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE AUGUST 23, 2010, REGULAR COUNCIL MEETING. City Council. Page 3 of 16 — 9/10/2010 Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through B 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: FIRST READING OF ORDINANCE NO. 2000M-72 — 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 APPROXIMATELY 3.0 ACRE TRACT OF LAND OUT OF A 10 ACRE TRACT, A RESIDUE OF D. H, STRIPLING12.000 ACRE TRACT RECORDED VOLUME 868, PAGE 239 OF THE BRAZORIA COUNTY DEED RECORDS. ALL BEING PART OF THE SOUTH 99 ACRES OF THE H.T. & B. R. R. CO. SURVEY, SEC. 7, A-219 AS RECORDED IN VOLUME 595, PAGE 63 OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS GENERALLY LOCATED AT: 6301 BROADWAY STREET, PEARLAND TEXAS (ZONE CHANGE APPLICATION NO. 2010-03Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF CROWN WAREHOUSE SERVICES, APPLICANT AND 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. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000M-72 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. 2010-03Z. City Manager Bill Eisen stated this item is a request for a zoning change from the current zoning of Planned Development to General Business retail to accommodate a fine arts studio. Staff and the Planning and Zoning Commission have recommended the request be approved. Page 4 of 16 — 9/10/2010 Connie McMaster, 2614 Thelma Drive, addressed Council and stated she has no objection to the music studio being established, but she does have an objection to the location being zoned as General Business. If the business moves out, there are too many unfavorable businesses that can locate on the property with that zoning classification. If the property is left at the current zoning, would the next owner be required to obtain the approval of the Planning and Zoning Commission for any use. Bettye Olsteen, 2550 Thelma Drive, addressed Council and stated she is concerned that the residents aren't being governed well enough to monitor what the property may be used for in the future. The proposed fine arts studio would be an asset if the business succeeds. There are businesses that can potentially be located on the property that will not be good for the surrounding residents. Johnny Aguara, 2626 Thelma Drive, addressed Council and stated he agrees with the previous statements and would like the businesses that could be located on the property to be monitored and approved by the City. Mayor Pro -Tem Sherman asked for an explanation of why the decision was made to not follow the planned development route. It was his understanding that the City would have some control over what happens next and he is not sure why this did not occur. Planning Director Lata Krishnarao stated when the property was zoned planned development, there were not sufficient buffers and other requirements between residential and retail properties. There were certain issues associated with the zoning at that time. This property was determined to be appropriate for a retail zoning classification. Discussion ensued between Council, Planning Director Lata Krishnarao, and Planner I Ian Clowes regarding the Ordinance. Councilmember Saboe made the motion, seconded by Councilmember Thompson, 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 the vote. Voting "Aye" Councilmember Owens. Voting "No" Councilmembers Thompson, Kyle, Sherman, and Saboe. Page 5 of 16 — 9/10/2010 Motion Failed 4 to 1. FIRST AND ONLY READING OF ORDINANCE NO. 1431 — AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT REFUNDING BONDS, SERIES 201013; PRESCRIBING THE TERMS AND FORM THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AUTHORIZING THE DEFEASANCE AND DISCHARGE OF CERTAIN OUTSTANDING OBLIGATIONS, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1431 on its first reading. Frank Ildebrando, RBC Capital Markets, provided Council with a detailed review of the proposed bond sales. City Manager Bill Eisen stated the City's existing credit rating is an AA- rating. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1430 — AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BONDS, SERIES 2010A; PRESCRIBING THE TERMS AND FORM THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Thompson, to approve Ordinance No. 1430 on its first reading. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Page 6 of 16 — 9/10/2010 FIRST READING OF ORDINANCE NO. 1427 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (126 ACRES OF LAND, MORE OR LESS, NORTH OF BAILEY ROAD AND EAST OF FM1128 — AREA 1); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Councilmember Thompson made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1427 on its first reading. City Manager Bill Eisen stated this Ordinance is for the annexation of Area No. 1. This annexation has been the topic of discussions for several months. Robin Anderson, 7730 Bailey Road, addressed Council and stated she noticed in the proposed budget discussion that there were nine vacancies in the Police Department and several positions were not going to be filled. She stated if the City is planning to annex more land, those positions will be necessary to adequately serve those areas. Ron Anderson, 7730 Bailey Road, addressed Council and stated the residents of the area being annexed have been shown by the City that it is going to do whatever it wants to do no matter how they feel about it. The children in the area that he lives in want to raise live stock and use these skills throughout their lives. He likes to raise cattle and ride horse and so does his entire family and now the City wants to take that away from them. This will only bring taxes to the City to the detriment of the residents in the area. The annexation of the area is not right and it needs to be reconsidered. This is not an annexation, but a hostile take-over. Debbie Kirby, 3610 Curtiss Lane, addressed Council and stated she is opposed to the annexation of Area No. 1. She stated she has contacted many representatives of the City and received no response. People from other cities have advised her that if a City is annexing an area in this manner, it is not about anything except money. She moved to her residence when Pearland had 17,000 residents and the increase in population has not done nothing but raise the crime rate. She wishes that the City would reconsider this annexation. Bruce Kirby, 3610 Curtis Lane, addressed Council and stated he would like the City to reconsider annexing the area where he resides. There are no benefits to the residents in the area and they have not been able to get answers regarding the future plans for their property. Page 7 of 16 — 9/10/2010 Councilmember Owens stated he can understand how the residents feel and their concern. Many of the complaints have been that the residents do not receive anything from the City; however, the City will provide EMS and Fire Emergency service. He stated he feels the City will be able to provide many benefits to the residents in the area. Councilmember Saboe stated he is sympathetic to the residents who have spoken out in opposition to this annexation. He does not see there being a solution to the problem because the City and the residents see the situation differently. He fundamentally believes that everyone in the area will receive a benefit whether they choose to utilize it or not. He stated he does not agree that the City will be taking away any rights to residents in the area and views zoning as a positive system. Councilmember Thompson stated he does not have a problem with the proposed annexation; however, one thing that concerns him is the zoning issue. He stated he would feel more comfortable if the zoning issues were addressed before the annexation process. When the residents bought their property it wasn't zoned and now the City will bring it in and control what it can be used for and he doesn't feel this is right. Mayor Pro -Tem Sherman stated he is concerned about coming in and telling the residents what they can do in their backyard. He would not be opposed to having some type of analysis done to better classify the properties. City Attorney Darrin Coker stated the concern regarding livestock is not addressed by zoning, but is address in a separate City Ordinance. Discussion ensued between Council and City Attorney Darrin Coker regarding the Ordinance. Councilmember Kyle stated Council has invited Citizens to come speak because they need to hear from them. We may not see eye to eye, but it doesn't mean a compromise can't be reached. The Bailey Corridor is growing and the City is investing a large sum of money and has to consider the position of the rest of the citizens. Voting "Aye" Councilmembers Owens, Saboe, and Kyle. Voting "No" Councilmembers Thompson and Sherman. Motion Passed 3 to 2. Page 8 of 16 — 9/10/2010 FIRST READING OF ORDINANCE NO. 1428 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (189 ACRES OF LAND, MORE OR LESS SOUTH OF BAILEY ROAD BETWEEN VETERANS DRIVE AND FM 1128 — AREA 2); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1428 on its first reading. City Manager Bill Eisen stated this item is a proposed annexation of Area No. 2 that is located south of Bailey Road between FM 1128 and Veterans Drive. Voting "Aye" Councilmembers Owens, Saboe, and Kyle. Voting "No" Councilmembers Thompson and Sherman. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 1429 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (307 ACRES MORE OR LESS WEST OF SH 288 BETWEEN BROADWAY AND MUSTANG BAYOU — AREAS 3 AND 4); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1429 on its first reading. City Manager Bill Eisen stated this item is for the annexation of Areas No. 3 and No. 4 that are located in the general vicinity of C.R. 48 south of Broadway. Voting "Aye" Councilmembers Owens, Saboe, and Kyle. Voting "No" Councilmembers Thompson and Sherman. Voting "No" None. Page 9 of 16 — 9/10/2010 Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 1432 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1432 on its first reading. City Manager Bill Eisen stated Council has conducted five Workshops and two Public Hearings regarding the proposed Fiscal Year 2011 Budget. This item is to approve the Ordinance that will adopt the final Budget. Councilmember Kyle stated she has not made a decision on whether to support the fire service fees previously discussed because the information exchange was less than perfect. She would like to be clear on that issue so that when and if the Ordinance for the fire fees comes to Council, she has planted the seed that she may or may not support it. She cannot take that item out of the proposed Budget at this point; however, she would like to clarify that if she votes in favor of the budget the vote is not in favor of that particular item. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to amend the Ordinance No. 1432 to remove the funding of $210,000 for the Northern Brazoria County Education Alliance from the Pearland Economic Development Budget. Voting "Aye" Councilmembers Sherman and Kyle. Voting "No" Councilmembers Thompson, Saboe, and Owens. Motion Failed 3 to 2. Mayor Reid called for the vote on the original motion. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 10 of 16 — 9/10/2010 FIRST READING OF ORDINANCE NO. 1433 — AN ORDINANCE ADOPTING A TAX RATE OF $0.6651 AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2010. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1433 on its first reading. City Manager Bill Eisen stated this Ordinance will adopt a tax rate of $0.6551/$100. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-117 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS SUPPORTING THE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION AT 6712 TELEAN STREET, HOUSTON, HARRIS COUNTY, TEXAS. Mr. Darrin Coker, City Attorney. Councilmember Thompson made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-117. City Attorney Darrin Coker stated a Workshop was recently held regarding the Municipal Setting Designation. An update of the status of the Resolutions of other entities has also been provided to Council. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MCHARD ROAD SOUND WALL PROJECT. Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-121. Page 11 of 16 — 9/10/2010 City Manager Bill Eisen stated this item is for the award of a bid for the McHard Road Sound Wall Project. Sound studies were completed that indicated in certain locations sound walls were warranted. The low bid was submitted by John Reed and Company, Ltd. in the amount of $934,242. Brazoria County will fund $575,906 of that amount. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1358-5 — 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. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 1358-5 on its first reading. City Manager Bill Eisen stated the City has an Ordinance which prescribes various fees that are provided. The changes needed are a result of changes in the proposed Budget. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE INTERIM TRAFFIC SIGNAL LOCATED AT MYKAWA ROAD AND BROOKSIDE ROAD. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2010-120. City Manager Bill Eisen stated a study was completed that determined that a signal was warranted at the intersection of MyKawa Road and Brookside Road. This item is for the temporary installation of an interim traffic light in that location. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Page 12 of 16 — 9/10/2010 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS RATIFYING EXPENDITURES FOR REPAIRS AND REPLACEMENT PARTS ASSOCIATED WITH THE CITY'S WATER METER TESTING PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-119. City Manager Bill Eisen stated the City had entered into an agreement to test large water meters within the City and, as a result of those tests, it was noted that many of the water meters were reading inaccurately. The necessary repairs were completed and the expenses exceeded the amount that could be expended without Council approval. This Resolution is to ratify the expenditures associated with those repairs. Councilmember Saboe asked if the possibility was considered when the firm was asked to perform the testing. Utility Billing Supervisor Margaret McNulty stated that at that time, the magnitude of meters needing to be repaired was not realized. The Public Works Department was not going to be able to get to the repairs of these meters right away. Because of the financial impact, the firm that performed the testing was utilized to perform the repairs. Discussion ensued between Council and Utility Billing Supervisor Margaret McNulty regarding the Resolution. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION WITH THE TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) FOR THE PURCHASE OF COPIER SERVICES. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-118. Page 13 of 16 — 9/10/2010 City Manager Bill Eisen stated this item would replace the existing copiers, within the City, to take advantage of an $8,700 savings. Councilmember Saboe asked if there was a local option to provide this service and stated, with the current economic conditions, the City needs to utilize local businesses whenever possible. Purchasing Officer Bob Pearce stated, with service requirements of this size, there are typically not local options. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 33-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 20-4, ENTITLED DISCHARGE OF WEAPONS; PROVIDING A PENALTY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 33-1 on its first reading. City Attorney Darrin Coker stated this Ordinance will amend the Fire Arms Ordinance to allow in -door firing ranges within the allowances of the Unified Development Code and zoning restrictions. 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 10:20 p.m. to discuss the following: Page 14 of 16 — 9/10/2010 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING INFORMATION SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE REGARDING ECONOMIC DEVELOPMENT. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:54 p.m. COUNCIL ACTION — REGARDING INFORMATION SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE REGARDING ECONOMIC DEVELOPMENT. City Council. FIRST READING OF ORDINANCE NO. 1432 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to place Ordinance No. 1432 back on the table for Council's consideration. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to amend the Ordinance and remove the funding of $210,000 for the Northern Brazoria County Education Alliance from the Pearland Economic Development Budget. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1432 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011. Mr. Bill Eisen, City Manager. Page 15 of 16 — 9/10/2010 Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, approve the 2010-2011 Budget as amended. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:54 p.m. Minutes approved as submitted and/or corrected this the 27th day of September, A.D., 2010. C-IVULIJ Tom Reid Mayor ATTEST: Page 16 of 16 — 9/10/2010