2010-09-27 CITY COUNCIL REGULAR MEETING MINUTESI
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 27, 2010, AT 7:301 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor
Mayor, Pro -Tern
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
all ESE=
Tom Reid
Scott Sherman
Woody Owens
Steve Saboe
Felicia Kyle
Ed Thompson
Bill Eisen,
Darrin Coker
Young Lorfinig
Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive
Director of Economic Development Corporation; Glenn Turner Director of Fire Services;
J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; N:arciso Lira City
Engineer; Bob Pearce Purchasing Officer; Meg McNulty Utility Billing Supervisor; Joel
Hardy Grants Coordinator.
The invocation was, given bager Jon Branson and the Pledge of
Allegiance was led by Police Chief J.C. Dwyle.
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Mayor Reid reported on September 18, he cut a board in celebration of loth Anniversary
of the Home Depot Store on Dixie Farm Road, presented an Award at the Eagle Lift
Ministries Home for Abused Women and Childliren, and presented a Certificate to Mark
Bender, a Senior Citizen; September 19, presented a Welcome; Certificate to Karumuittu
Kannan, an Indian Diplomat and presented a Certificate to Dr. Haro�d Gentry Majestic
Christian Center for 21 Years of Service; September 20, joined Dr. William A. Staples,
President University of Houston Clear Lake, and Matt Buchanan, Executive Director
Economic Development Corporation, for a University of Houston Clear Lake- Pearland
Campus photo and attended the Council Workshop and Joint Pubearings with the
Planning and Zoning Commission; September 21, attended the Houston-Gialveston
Area Council Monthly Board of Directors Meeting and the Keep 'mow rland Beautifull
Board Retreat; September 22, joined City Manager Bill Eisen for the Employee of the
Quarter Luncheon; September 23, attended the Pearland Planning Day Event, joined
the Chamber of Commerce for a New Business Ribbon Cutting, attended the Gulf Coast
Water Authority Board of Directors Meeting and attended the Pearland Economic
Development Corporation Special Meeting; September 24, attended the Houston-
Galveston Area Council Transportation Policy Council Board of Direc,tors Meefin,221
September 26, attended a Special Church Day Event; September 27, opened t
English as a Second Language Graduation of Pearland Independent School Distri
Employees., 1
Councilmember Saboe stated the Adult Reading Center in Pearland is having a Gio,lf
Tournament on Monday, November 1, 2010.
Mayor Pro -Tem Sherman reported he attended the Adult Reading Center used book
sale on September 17, 2010. He stated next Tuesday night is National Night Out and is
a great opportunity to get out with neighbors.
Councilmember Kyle stated she has been attending the National Night Out Event and it
is a great opportunity for Councilmembers to meet with citizens., She attended the
Pearland Chamber of Commerce Golf Tournament and'; it was a great event and the
Adult Reading Center Used Book Event. October 17, 2�010, is Consti ' tution Day and
every public school is to have something related to the adoption of the Constitution and
the Bill of Rights. She had the opportu, nity to meet with fourth graders at Magnolia
Elementary school to read a book called "The Bill of Rights" and answer questions.
Councilmember Thompson stated he attended the Pearland Chamber Leadership
Meeting where the groups from the City, schools, and colleges come together to
discuss what is happening in their organization. He enjoyed the event and was amazed
to learn that Pearland Independent School District has 18,626 students this year. He
stated that Tom Alexander recently passed away and his thoughts go out to the family
and he would like everyone to remember the family during this time.
City Manager Bill Eisen reported Council will be hold g a Joint Workshop with t
Brazoria Drainage District No. 4 on October 6,, 201�0. 1
111003 INA 9:4 11111101
A. CONSIDERATION AND POSSIBLE .-O
1 - Minutes of the August 30, 2010, Special Meeting — held at 6:00 p.m.
2. Minutes of the, August 1 2010, Public Hearing held at 6:30
3. M�inutes of the September 13, 2010, Regular
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CITT' COMICIL OF _T OF ' ,1 .i i
NON -DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE;
PROVIDING
liD FOR
PUBLICATION
a *Y AND AN EFFECTIVE DATE.
BN Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 33-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF 1M i 1. y.,. 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, AMEND .
DISCHARGEENTITLED iii WEAPONS; PROVIDING
ROV I y PENALTY;
HAVING Y SAVINGS i. A. SEVERABILITY CLAUSE, AND A
REPEALER
w lr YSAA CLAUSE; AND PROVIDING w CODIFICATION
Ae D Y. : AND A
EFFECTIVE DATE, Mr. Darrin Coker, CityAttomey.
1). CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-123 — A
RESOLUTION
PEARLAND, A AWARDING A BID
. PURCHASE
GENERATORS
r A Os...r THE it r Y AND WEST
MARY'S
rr lr
STORM
WATER PUMP
STATIONS.
s
ill Eisen, City Manager.
A � i Imo,, � ,�i Y A ► I� � Y �' i 1-R lII. I!. � -NN i � !.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2010-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
11A i i y TEXAS, AWARDING y.. SUPPLY
AIr. yY RA
WASTEWATER POLYMER. Mr. Bill Eisen, City Manager.
Councilmember Kyle asked that Consent Agenda Item B, Item E, and Item F be
removed from the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
adopt Consent Agenda Items A through F with the exception of Items B, E and F, as
presented on the Consent Agenda.
As requested by Councilmember Kyle Consent Agenda Item B, Item E and Item F
were removed for further discussion.
B.
CONSIDERATION
■ IIFi.. A , POSSIBLE
t.r.. ACTION
SECOND AAD
qA
READING OF ORDINANCE NO. 1358-5 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ■ 1 L TEXAS, AMENDING
CLAUSE,NON-DEVELOPMENT USAGE AND SERVICE; FEES; CONTAINING A
SAVINGS l SEVERABILITY
■ X. 1. L REPEALER
r ■ y. ■
CLAUSE; PROVIDING FOR PUBLICATION D
AN EFFECTIVE DATE.
fEisen,Manager.
Councilmember Owens made the motioni, seconded by Counciilmember Saboe,
approve Ordinance No., 1358i-5. I
City Manager Bill Eisen stated this item is the proposed fee schedule for the upcoming
year.
Councilmember Kyle stated she pulled this item because of the reference to the Fire
Fees. She will vote in opposition, not because she does not support the item, but
because she has not received enough information on the Fire Fees to make a decision.
Voting "NWo17 Councilmember Kyle.
Motion Passed', 4 to 1.
Councilmember Owens made the motion, seconded by Counicilmiember Saboe, to
approve Resolution No. R2010-124 as amended.
City Manager Bill Eisen stated this item is a bid associated with removal and hauling of
bio -solid waste from various water treatment facilities in the City. The recommended
vendor is Republic Services of Texas, L.P. and the estimated cost is $190,000.
Councilmember Kyle stated she does support this item; however, she pulled it because
it is a $190,000 item with, the potential to go to up to nearly $600,000. She would like
Council to review and approve the contract prior to its renewal.
Councilmember Thompson stated the previous contract was $15.49 per cubic yard and
this contract has a different price per cubic yard for each site. He asked if this
difference would bring the price back up to where it was previously.
Purchasing Officer Bob Pearce stated the difference is that the mileage has been
figured into the price, but it is equivalent.
Councilmember Owens made the motion, seconded by Councilmemiber Kyle, to amend
Resolution No. 82010-124 to reduce the, contract to one-year only and require the
contract to come back before Council for renewal.
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Councilmemb,er Saboe made the motion, seconded' by Councilmember Owens, to
approve Ordinance No. 1427 on its second and final reading.
City Manager Bill Eisen stated this item is for the annexation of Area No. 1 and was
previously considered by Council and approved, The caption was a valid description of
'the property included in Area No. 1.
Bruce Kirby, 3610 Curtis Lane, addressed Council and stated he takes objection to the
City Manager's comment that the Ordinance is a valid description of the property and it
does not give him confidence in whoever produced the document. The City is taking his
property to get taxes and he did not get to vote on any of it. He realizes this is a legal
thing to do, but it doesn't make it right.
Debbie Kirby, 3610 Curtis Lane, addressed Council and stated she still has issues with
the annexation and does not want it to happen. She has a problem with being required
to pay fees to connect to the water when they do not want to be part of the City. The
City does not have anything to offer them that they do not already have.
Jose Rocha, 3811 Joe Road, add'ressed Council and stated he does not think it is right
for the City to annex him when they do not have anything to offer him. He feels this is
just to allow the City to tax him.
Steven Carter, 3805 Joe Road, addressed Co;unci'l and stated he opposes thp.
annexation. He has his own water well and he does not need services from the City.
Juanita Cavazos, 4055 Bailey Road, addressed Council and stated she attended the
first meeting and stated she was not informed of the annexation. It is not fair to annex
people with no notice.She is a single woman trying to make it on, her property and will
not be able to afford to pay City taxes.
Lawrence Stewart, 7412 Bailey Road, addressed Council and stated he is opposed to
the annexation because it is not right for the City to take the land others have worked
hard for their entire lives.
Jessica Roe, 3611 Curtis Lane, addressed Council and stated she is a mother and a
wife with feelings. She is opposed to being annexed because of the taxes they will be
required to pay. They are a single family household and money is tight. She and her
I
child have been making plans to participate in Future Farmers of America and' being
annexed will ruin these plans.
Ron Anderson, 7730 Bailey Road, addressed Council and stated he does not know of
#ne person that wants this annexation. It is unfair that five people are goi:ng to tell many
#thers how to live. The City only wants their land because they want control and tax
money.
IMOMWERWAymm
Chris Stansberry, 7730 Bailey Road, addressed Counci�l and stated hie has lived at hE
residence for three years and does not see how the City can come in and tell him wh
he can do with his land. It is not fair or right. i
Frank Doherty, 4103 Bailey Road, addressed Council and stated he has lived at his
address for fifty-five years. He thiought the City would finish Bailey Road before they
annexed his property. He feels the City is rushing into this annexation.
C.B. Manly, 3609, Curtis Lane, addressed Council and stated he has lived at his address
for thirty years and has horses. He can raise any animal but hogs on his land and can
do anything else he wants to do. He is very happy where he is at and would hate to see
the City change that for him. He is retired and on a fixed income and cannot afford to
pay taxes.
Robin Anderson, '7730 Bailey Road, addressed Council and stated she is angry
because she feels this situation is beyond her control because the, City is going to do
what they want to do. People work all of their life to get what they have and it iis unfair
to take it away so easily.
City Manager Bill Eisen stated he wanted to clarify that the residents are not required to
tie into City water if they are annexed.
Councilmember Kyle stated she would like to clarify that she does live within the City of
Pearland.
Councilmember Owens stated there have been a lot of positive comments. It was his
understanding that the City is doing these annexations because of Bailey Road, There
were a lot of valuable comments and with the economic times we are in, he is
concerned with the additional taxation. This land will be annexed i at some point in time.
He is concerned about the livestock and would like to see the City work with the
residents.He would like to ask the rest of the Council to reconsider annexing this land
at this time.,
Counc:ilmember Kyle asked if the Homestead Exemption would apply to the taxi;ng of
residents in this area.
City Manager Bill Eisen stated the Homestead Exemption would apply to the residents
that are annexed.
Councilmember Saboe stated hie appreciates all of the comments that were made by
the residents. His biggest concern about this annexation is the process and the
residents not understanding what is happening. The description of the property is
written in a paraphrased manner for the agenda and there, is a legal metes and bounds
description for each annexation. The City website provides alll the information that
Council receives before they make a decision. The City is obligated to provide water
and sewer service within a certain amount of time,- however, residents that are annexed
do not have to hook up to the City's water supply. It is true that annexing the area will
increase any financial hardship anyone is experiencing at this point. He respects the
situation of the residents and the comments they have presented, The City is
attempting to annex this land because of the Bailey Road Project and not to get more
tax money. Council takes this issue seriously and has thought a lot about the decision
to annex this land. The property will eventuallly be annexed, but this may not be the
right time.
Councilmember Kyle stated one of mantras she lives by and uses to make tough
decisions is that if you do the right thing, the right result will occur. It may not be the
one you wanted or feels good, but you can rest easy at night. She commends the
residents for utilizing their Constitutional right to voice their opinion. She is trying to
decide what the right decision is and she has been listening to the residents for several
weeks. Bailey Road is going to go in and the need for this annexation will increase for
the greater good. She is concerned if this is the right time to annex this land, and she
does not know if it is or is not. She was very impressed with the speakers and has been
moved to consider the economic times and change her vote to be against the
annexation. The Planning and Zoning Commission has done an outstanding job on this
annexation; however, she does not feel this is the right time.
Mayor Pro -Tern Sherman stated he has been on this Council for a year and a half and
this has been the most difficult decision he has been faced with. He has concerns
about this annexation and will vote against this item as he did on the first reading. He
appreciates the residents coming to speak, but they do need to realize that the property
will be annexed.
Councilmember Thompson stated this is a difficult decision andl the resident's time has
not been wasted by speaking. He has stated previously that he does not like to bring
property in with unresolved zoning issues. He understands the concerns about the
animals, but being annexed does not necessarily mean they will lose those animals.
Mayor Reid stated one of the points that the residents have made is that they value their
property and he is glad that they do. The way the property is now there can be anything
built next to their property, but in the City they will have a say what is built next to their
property.
Councilmember Owens stated he is very concerned about what is, going on in our
Nation right now. He does not feel that anyone knows what is coming. If people do not
get out and do the right thing by voting, it will affect our children. Everyone needs to be
thankful that we live in the State of Texas and make the decision to Qet this Nation
turned around.
Councilmember Saboe stated he appreciates the residents' comments and he knows
that within the next five years there will be someone that complains about the
development on Bailey road and the City will not be able to protect that person. His
philosophy is to be a good neighbor to people who do not pay taxes; however, if he
changes his vote tonight he will be very outspoken to make sure the money citizens pay
in taxes is well guarded. He represents the citizens and will make sure their tax money
is not being spent outside the City of Pearland.
MayorPro-Tern
II# '" Sherman
r r d "` -motion, r # # . # by
Councilmember r # # ''' #
w## # - Ordinance # 1428 on its second and final reading.
City Manager Bill Eisen stated this item is one of the three Ordinances being considered
to annex property i',nto the City limits. This is the second of two readings for the
Ordinance.
Marshal [dickens, 6119 C.F . 109, addressed Council and stated he has lived in
Pearland all his life and saw what his parents went through when their land was
annexed. He feels this annexation is just a stepping stone which will take away a
culture and way of living and he is opposed to it.
Ray Hill, 5806 Bailey Road, addressed Council and stated the comments made for Ar -m
No. 1 apply to Area No. 2 as well. If Council voted no for Area No. 1 then they shou
vote no for Area
Councilmember Owens stated he will vote the same way he voted on Area No. 1.
Voting "No" Councilmembers Thompson, Sherman, and Owens.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Ordinance N# 1429 on its second and final reading.
City Manager Bill Eisen stated this is the third Ordinance for annexation of property into
the City limits.
Councilmember Saboe stated that Areas No. 3 and No. 4 are a little different than the
other annexation areas. He was personally touched by some of the comments from the
residents in these areas and questions the strategy of the annexation. "'9'"he overbearing
impact of the economy rings extra loud in these areas and he dues not want to send a
message that the City is forcing an issue that could be a goad opportunity for
developers. He feels the timing for this annexation could be better.
Discussion ensued between Council and City Manager Bill Eisen, and Assistant City
Manager Mike Hodge regarding the, Ordinance.
Voting '''Aye" None.
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SECORD AND FINAL READING OF ORDINANCE NO. 1432 — AN APPROPRIATION
ORDINANCE ADOPTING A REVISED BUDGET OR THE FISCAL YEAR ENDING
OCTOBERSEPTEMBER 30, 2010 AND ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING 010 AND ENDING SEPTEMBER 30,2011.
Councilmember Thompson made the motion, seconded by Councilmember Owens,
approve Ordinance No. 1432 on its second and final reading, I
City Manager Bill Eisen stated Council went th,rough a series of five Workshops for thr-9
approval of the proposed Budget and the first reading of the Ordinance has be
approved. The Budget, if approved, will go into effect October 1, 20110 and is consiste
with the instructions of Council.
Council,lmember Owens stated he appreciated the work Staff put into this Budget. This
was a difficult year and next year will probably not be any better.
Councilmember Thompson stated the citizens should take a lot of pride in the fact that
there is a lot of transparency in the City's Budget. When he ran for Council, he stated
that the Budget was going to be the most difficult thing for the City and he still feels that
way. Staff did a wonderful job on: the difficult Budget.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
AANTCSTITOJI�- 0 lll��
SECOND AND FIN AL READING OF ORDINANCE NO. �1433 — AN ORDINANCI
ADOPTING A TAX RATE OF $0.6651 AND LEVYING TAXES FOR THE USE AN 9
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAN
I-EXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF T HI
TAXABLE YEAR 2010. Mr. Bffl Eisen, City Manager. 0
Councilmember Owens made the motion, seconded by Councilmember Saboe,
approve Ordinance No. 1433 on its second and final reading. I
City Manager Bill Eisen stated this item is the second reading of the Ordinance to adopt
the proposed tax rate of $0.6651/$100.
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Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82010-126 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE
UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen,
City Manager.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. 820101-126.
City Manager Bill Eisen stated this item is an annual exercise to deduct uncollectible
utility accounts from, the City's Financial Statement.
Discussion ensued between Council and Utility Billing Supervisor Meg McNulty
regarding the Resolution.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82010-129, — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING BRAZORIA COUNTY
APPRAISAL DISTRICT RESOLUTION NO. 2010-2. Mr. Darrin Coker, City Attorney.
Councilmem,ber Thompson made the motion, seconded by Councilmember Owens, to
approve Resolution No. 82010-29.
City Manager Bill Eisen stated the Brazoria County Appraisal District recently received
an evaluation regarding the cost of renting versus owning the building they occupy. As
a result of this evaluation, it was decided to purchase their facility. This action has to be
approved by three-quarters of the taxing units within its Jurisdiction.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82010-128 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED
PARTICIPATION IN THE TEXAS PARKS & WILDLIFE DEPARTMENT'S COMMUNITY
OUTDOOR OUTREACH PROGRAM GRANT. Mr. Bffl Eisen, City Manager.
Councilmem,ber Owens made the motion, seconded by Counicilmember Saboe, to
approve Resolution No. 82010-128,
City Manager Bill Eisen stated this item would authorize the application, for the Texas
Parks and Wildlife Department's Community Outdoor Outreach Program Grant. There
is no local contribution required and no obligation to continue the program in future
years.
Voting "Aye" Counci'lmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82010-130 — A RESOLUTION OF THE CITY
COUNCIL OF PE,ARLAND, TEXAS ("CITY") AUTHORIZING A SUSPENSION OF THE
EFFECTIVE DATE OF THE TEXAS -NEW MEXICO POWER COMPANY'S RATE
INCREASE AND THE INTERVENTION IN 'THE PUBLIC UTILITY COMMISSION
DOCKET NO. 38480; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN A
COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TEXAS -NEW
MEXICO POWER MUNICIPALITIES ("ATM"); AUTHORIZING PROVISION OF
EXPERTS AND LEGAL REPRESENTATION; FINDING THAT THE MEETING;
COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS
AS ARE RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmembe,r Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. 82010-130.
City Attorney Darrin Coker stated this item is regarding a substantial rate increase on
the electrical side by Texas -New Mexico Power Company. The majority of residents in
Pearland are not served by Texas -New Mexico Power Company, but it is his
recommendation that Council approve this Resolution.
Voting "'Aye" Councilmembers Thompson, Kyle, Sherman, Saboe,and Owens.
Voting "No"' None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:10 p.m.
to discuss the following:
I �1 S111 181ilm
1 . SECTION 551.074 — PERSONNEL MATTERS — REGARDIN11
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AN
COMMISSIONS. Mayor Tom Reid.
1; 11�1 11, ,1 1,
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUI
BOARDS AND COMMISSIONS., City Council.
Councilmember Thompson made the motion, seconded by Councilimember Owens, to
appoint Jim Burnett to serve on the Pearland Economic Development Corporation
Position No. 4 for a term expiring November 1, 2012.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and, Thompson.
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Minutes approved as submitted and/or corrected this the 11t"' day of October, A.D.,
2010.
r -A
Yoig Lorf
Ci 0 ecre ry
Tom Reid
Mayor