2010-10-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 25, 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 7:33 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; Matt Buchanan Executive
Director of Economic Development Corporation; J.C. Doyle Police Chief; Trent
Epperson Project Director; Mike Hodge Assistant City Manager; Lata Krishnarao
Planning Director; Narciso Lira City Engineer; Michelle Smith Director of Parks and
Recreation; Jeff Sundseth EMS Operations Director.
The invocation was given by Troop No. 486 Boy Scout Drake Dentry and the Pledge of
Allegiance was led by Troop No. 404 Boy Scout Jonnathan Delgado.
MAYOR'S ACTIVITY REPORT
Mayor Reid and Assistant City Manager Mike Hodge presented a Proclamation
proclaiming "100 Years of Scouting" to Billy Moran and David Albee.
Mayor Reid and Assistant City Manager Mike Hodge presented Jay Patel, Alka
Mulchandani, Planning Director Lata Krishnarao, and Deepa Vasudevan with a
Proclamation proclaiming November 6, 2010, as "Pearland Diwali Celebration 2010."
Mayor Reid and Councilmember Saboe presented Dale Pillow with a Certificate of
Recognition for her contributions to the Adult Reading Center.
Mayor Reid and Councilmember Thompson presented Nakul Rao and Anita Rao with a
Proclamation proclaiming November 5, 2010, as "Choose Health with Sleep Day."
Mayor Reid called a recess at 8:00 p.m.
Mayor Reid called the meeting back to order at 8:03 p.m.
Page 1 of 12 — 10/25/2010
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Pearland Chamber of Commerce
Meeting and Luncheon. He met with Dr. Staples of the University of Houston Clear
Lake and the is a proposed Bill that will make the Pearland Campus become a four-year
college within the next five years.
Councilmember Saboe stated he just wanted to quickly mention the Adult Reading
Center will be holding a Golf Tournament as a fundraiser.
Mayor Pro -Tem Sherman stated he welcomed the coaches at the Special Olympics
Event at the Natatorium and he wanted to commend the Parks and Recreation Team
and Bryan Roller of the Pearland Visitors Bureau for a great event. He also attended a
spirited open house for the Municipal Utility District No. 26 Bond Election. The Adult
Reading Center Gold Tournament is Monday, November 1, 2010, which will raise funds
for a very good organization in the City.
Councilmember Kyle passed on giving a report.
Councilmember Thompson stated he attended the Southwest Seminary and had lunch
with Dr. Page Patterson, President of the Southwest Seminary and the Pearland
Chamber of Commerce Luncheon. He also attended the funeral of one of Pearland's
volunteer fire fighters Phil Yoakum. He was a special person and he knows the Fire
Department and the City will miss him.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS
Joshua Smith, 5231 Ryan Acres Drive, addressed Council and stated the use of the
word emergency in Consent Agenda Item N is not applicable. He is not affiliated with
the applicant; however, he is opposed to the designation of a land use item as an
emergency. The use of the emergency status and first and only reading prevents many
citizens from providing their input to Council.
Aletheia Lawry, 2213 Country Club Drive, stated she applauds that the city is
reappointing Assistant City Manager Jon Branson to the Animal Shelter Advisory
Committee. She does, however, question why Position No. 4 on this committee has
remained vacant even with qualified applicants submitting requests to be considered for
appointment. The City is required to have four members on this committee and the
vacant position requires a member that is with an animal welfare organization. The
members are currently all employees of the City.
DOCKETED PUBLIC HEARING: None
Page 2 of 12 — 10/25/2010
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the October 4, 2010, Special Meeting held at 6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 870-6 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 30, UTILITIES, ARTICLE II, RATES AND CHARGES, OF
THE CODE OF ORDINANCES; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
OCTOBER 11, 2010, REGULAR COUNCIL MEETING. City Council.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF JON BRANSON, POSITION NO. 2, TO
SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE FOR A
3 -YEAR TERM EXPIRING NOVEMBER 1, 2013. Mayor Tom Reid.
E CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF JACK MCGUFF JR., ALTERNATE POSITION
NO. A2, TO SERVE ON THE BUILDING CODE BOARD OF
ADJUSTMENTS AND APPEALS FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2012. Mayor Tom Reid.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DEBBIE SCHIELKE, POSITION NO. 1, AND
MATTIE CULVER, POSITION NO. 2, TO SERVE A 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2013, AND APPOINTMENT OF JIM
WRIGHT, ALTERNATE POSITION NO. A2, FOR A 2 -YEAR TERM
EXPIRING NOVEMBER 1, 2012 ON THE CHANNEL REVIEW
BOARD. Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF PHIL CESSAC, POSITION NO. 1, TO SERVE
ON THE CIVIL SERVICE COMMISSION FOR A 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2013. Mayor Tom Reid.
Page 3 of 12 — 10/25/2010
H. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF MIKE BESSER, POSITION NO. 1, TO SERVE
A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2015 AND
APPOINTMENT OF TODD IOCCO, POSITION NO. 3, FOR A 2 -YEAR
TERM EXPIRING NOVEMBER 1, 2012, ON THE GAS AND
PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS.
Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF RON BAVARIAN, POSITION NO. 1, AND
ROBERT KETTLE, POSITION NO. 3, TO SERVE ON THE
ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER
1, 2012. Mayor Tom Reid.
J. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF JOEL GUTIERREZ, JR. TO SERVE IN
POSITION NO. 2 ON THE HEALTH FACILITIES DEVELOPMENT
CORPORATION FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1,
2012. Mayor Tom Reid.
K. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF DR. CATHERINE O'BRIEN TO SERVE IN
POSITION NO. 7 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
L. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF QUENTIN WILZ, POSITION NO. 1, AND
APPPOINTMENT OF PETER RIGER, POSITION NO. 4, TO SERVE
ON THE PARKS, RECREATION AND BEAUTIFICATION BOARD
FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
M. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF DALE PILLOW, POSITION NO. 1, WILLARD
BRILEY, POSITION NO. 5, AND SHANNON MCAULIFFE,
ALTERNATE POSITION NO. A3, TO SERVE ON THE ZONING
BOARD OF ADJUSTMENTS FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2012. Mayor Tom Reid.
N. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-44 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
Page 4 of 12 - 10/25/2010
PROPERTY, APPROXIMATELY 4.835 ACRES OF LAND, IN THE
H.T. & B.R.R. CO. SURVEY, A-509, BEING THE REMAINDER OF A
CALLED 5 ACRE TRACT OF THE KARL DUDLEY STEEL SURVEY
AS RECORDED IN C.F. NO. 99-05721 AND C.F. NO. 00-07207
OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS,
GENERALLY LOCATED AT 3545 HARKEY RD. PEARLAND, TX
(CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-07),TO
ALLOW A CHURCH FACILITY IN THE SINGLE FAMILY
RESIDENTIAL (R1) ZONE AT THE REQUEST OF THOMAS
OFFENBURGER, APPLICANT, ON BEHALF OF SILVERLAKE
CONGREGATION OF JEHOVAH'S WITNESSES CIO BENNY
GUTIERREZ, OWNERS, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through N with the exception of item N, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Thompson Consent Agenda Item N, Ordinance
2000CUP-44 was removed for further discussion.
N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-44 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY 4.835 ACRES OF LAND, IN THE
H.T. & B.R.R. CO. SURVEY, A-509, BEING THE REMAINDER OF A
CALLED 5 ACRE TRACT OF THE KARL DUDLEY STEEL SURVEY
AS RECORDED IN C.F. NO. 99-05721 AND C.F. NO. 00-07207
OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS,
GENERALLY LOCATED AT 3545 HARKEY RD. PEARLAND, TX
Page 5 of 12 — 10/25/2010
(CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-07),TO
ALLOW A CHURCH FACILITY IN THE SINGLE FAMILY
RESIDENTIAL (R1) ZONE AT THE REQUEST OF THOMAS
OFFENBURGER, APPLICANT, ON BEHALF OF SILVERLAKE
CONGREGATION OF JEHOVAH'S WITNESSES CIO BENNY
GUTIERREZ, OWNERS, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Item N Ordinance 2000CUP-44.
Councilmember Thompson stated he pulled this item because he had concerns
regarding drainage issues.
Councilmember Owens stated it was his understanding that there would be an outflow
for drainage.
City Engineer Narciso Lira stated Staff would work with the developer to ensure their
operation would not disturb the drainage process of surrounding properties.
Councilmember Thompson stated he does not want to see a situation where changing
the zoning classification of a property negatively affects the surrounding properties.
Mayor Reid stated the City is bound by Legislative direction regarding the use of words
for certain actions on the agenda. Ordinances are required to have two readings and
the use of the word emergency only allows an Ordinance to be considered on a first and
only reading.
City Attorney Darrin Coker stated the City Charter is the document that allows the City
to have a first and only reading for an Ordinance. The term emergency in an ordinance
does not apply in the same manner as the dictionary definition of the word. The
Supreme Court has weighed in on this matter several times and has declared a city has
unlimited discretion as to what can be designated as an emergency.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 12 — 10/25/2010
NEW BUSINESS:
COUNCIL ACTION -- RESOLUTION NO. R2010-142 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT EIGHT PROJECT APPLICATIONS TO
THE HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE 2011-2014
TRANSPORTATION IMPROVEMENT PLAN, AND ALLOCATING MATCHING FUNDS
FOR THE CONSTRUCTION OF EACH PROJECT. Mr. Trent Epperson, Project
Director.
Councilmember Saboe made the motion, seconded by Councilmember Thompson, to
approve Resolution No. R2010-142.
City Manager Bill Eisen stated the Houston -Galveston Area Council has issued a call for
transportation related projects for the 2011 to 2014 Transportation Improvement
Program. A project must be listed on the Transportation Improvement Program to be
eligible to receive federal funding. Staff has recommended a total of eight projects
throughout the City to submit to the Houston -Galveston Area Council.
Councilmember Owens stated he is concerned with the Mykawa Road Project and
would like to know if the City will receive any support from Harris County.
Mayor Reid stated these projects are included on this list because they are not included
on the funding list. There has been a history of funding projects that are not ready to
proceed and the money comes back to the Houston -Galveston Area Council.
Mayor Pro -Tem Sherman stated that of the eight projects being submitted there is only
one that is west of Cullen Parkway and asked for clarification on the reasoning for this
decision.
City Manager Bill Eisen stated these projects were selected because there was no
source of funding for any other possible projects.
Councilmember Kyle stated she noticed the area of Fite Road being recommended is
not along the area near the Dad's Club. She stated this is an area that needs
improvements and asked if it was excluded for a specific reason.
City Manager Bill Eisen stated the section being proposed is a section that does not
currently exist and is only being proposed to improve circulation in the area.
Councilmember Kyle stated if there is an opportunity to make improvements to Fite
Road it needs to be considered. In the summer during baseball season traffic gets
horrible and citizens cannot get out of the neighborhood in the area.
Page 7 of 12 — 10/25/2010
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-141 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INDEMNITY AGREEMENT
WITH BRAZORIA COUNTY AND BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4.
Mr. BM Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2010-141.
City Manager Bill Eisen stated when the City entered into an agreement with Brazoria
Drainage District No. 4 for the Cowarts Creek Diversion Project, one of the major
elements was excavation of a large detention pond. Brazoria County typically requires
a bond be taken out when work is being done on or across a public roadway, by the
entity performing the work, to guarantee payment for any damages. The proposed item
is a Letter of Indemnity Agreement in place of requiring a bond.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-133 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAX ROAD SPORTS
COMPLEX AND HICKORY SLOUGH DETENTION POND, Mr. Bili Eisen, City
Manager.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2010-133.
City Manager Bill Eisen stated during the Budget discussions, this specific project was
originally proposed to be delayed to another fiscal year. Council indicated it would like
the engineering portion of the project to remain in the current Budget. This item is a
proposed contract with Jacobs Engineering for engineering work and park planning.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Page 8 of 12 — 10/25/2010
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-143 — A RESOLUTION BY THE CITY
OF PEARLAND, TEXAS, ("CITY") RESPONDING TO THE APPLICATION OF
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC (CENTERPOINT) FOR
AUTHORITY TO CHANGE RATES AND ADOPT CERTAIN RATE RIDERS; DENYING
CENTERPOINT'S PROPOSED RATE INCREASE; FINDING THAT THE EXISITING
ELECTRIC DISTRIBUTION RATES OF CENTERPOINT ARE UNREASONABLE AND
SHOULD BE REDUCED; ORDERING CENTERPOINT TO REDUCE ITS EXISITING
RATES WITHIN THE CITY OF PEARLAND; ORDERING CENTERPOINT TO SUBMIT
TARIFFS CONSISTENT WITH THE RECOMMENDATION OF THE TEXAS COAST
UTILITIES COALITION OF CITIES' CONSULTANT WORKING IN COORDINATION
WITH OTHER CITIES IN PUBLIC UTILITY COMMISSION DOCKET NO. 38339;
ORDERING CENTERPOINT TO REIMBURSE THE CITY FOR ITS REASONABLE
COSTS INCURRED IN THIS RATE CASE AND ANY RELATED RATEMAKING
PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; DETERMINING THAT THE
MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Thompson made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2010-143.
City Attorney Darrin Coker stated this is the third of three acts Council will need to take
on this action. The previous action was a suspension of the rate action for ninety days
for the consultant to determine whether the increase is valid. It has been determined
that the rate increase is not justified. To prevent the rate increase from being
administratively approved, Council will need to formally deny the rate increase.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-144 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PURCHASE OF PERSONAL PROTECTIVE FIRE EQUIPMENT. Mr. Bill Eisen, City
Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-144.
Page 9 of 12 — 10/25/2010
City Manager Bill Eisen stated this item is for the purchase of protective clothing or
bunker gear for the Fire Department and the anticipated amount is $113,655.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2010-138.
Councilmember Saboe made the motion, seconded by Councilmember Owens, to
remove Resolution No. R2010-138 from the table.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2010-138 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SECOND
AMENDED BYLAWS OF THE PEARLAND ECONOMIC DEVELOPMENT
COPORATION. Mr. Matt Buchanan, Executive Director of Economic Development
Corporation.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to table
Resolution No. R2010-138 to allow additional changes to be made to the Bylaws.
City Manager Bill Eisen stated this item was previously discussed by Council and was
tabled to allow Council to further review the proposed changes. This item is the
updated proposed changes for the ByLaws of the Pearland Economic Development
Corporation.
Councilmember Kyle stated the proposed language regarding the expenditures required
to come before Council is wishy-washy and asked if the audit is mandated to be
performed annually. She would also like to know the rationale behind the wording on
page no. 12, "and leave the room during discussion and consideration of the matter"
being stricken from the document.
City Manager Bill Eisen stated the Pearland Economic Development Corporation is
required to have an annual audit performed. The wording regarding leaving the room is
not in the original document and was added on a committee level. He believes the
intent was so that the individual would not be involved in the decision making process.
Page 10 of 12 — 10/25/2010
City Attorney Darrin Coker stated the rationale behind the wording being stricken is that
Council is not required to leave the room if there is a conflict of interest and they wanted
to keep a consistency for the rules.
Councilmember Kyle stated she is fine with the wording being stricken except for in the
instance when there is discussion regarding the legal matters; the privilege wouldn't
apply if the person remained in the room. She believes that the document should state
it is mandatory for the person to leave the room so there will be no discretion to that
person's judgment.
Discussion ensued between Council, City Attorney Darrin Coker, and Charles Gooden,
Pearland Economic Development Corporation, regarding the proposed ByLaw changes.
Mayor Pro -Tem Sherman asked if there is any specified consequence for not complying
with the ByLaws regarding a conflict of interest.
City Attorney Darrin Coker stated that in the event a Boarmember does violate the
conflict of interest requirements, it will be up to Council to address the matter because
the individuals serve at the Council's discretion.
Mayor Pro -Tem Sherman stated he feels this should be clarified in the document.
Councilmember Kyle stated she agrees with Mayor Pro -Tem Sherman that this specific
language needs to be included in the document for clarification.
Discussion ensued between Council, City Manager Bill Eisen, and Kurt Evenson,
Pearland Economic Development Corporation, regarding the proposed ByLaw changes.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Kyle, to table
Resolution No. R2010-138 to allow the Pearland Economic Development Corporation to
review the recommended changes to the proposed ByLaw changes.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — APPROVING A LETTER TO FEDERAL ELECTED OFFICIALS
REGARDING THE CLEAR CREEK FLOOD PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to
approve a letter to federal elected officials regarding the Clear Creek Flood Project.
Page 11 of 12 — 10/25/2010
City Manager Bill Eisen stated this item is requesting that Council approved and sign a
letter regarding the Clear Creed Flood Project.
Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:25 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of November, A.D.,
2010.
ATTEST:
Sonia Webb
Deputy City Secretary
Tom Reid
Mayor
Page 12 of 12 — 10/25/2010