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2010-02-01 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 1, 2010, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:05 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, Mike Hodge Assistant City Manager, Johnny Spires, Assistant Police Chief, Tom Moncrief Police Captain, and Hersh Hoaglan Police Officer. NEW BUSINESS: OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 6:07 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENT TO THE CITY'S PLANNING AND ZONING COMMISSION. Mayor Tom Reid. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 7:45 p.m. COUNCIL ACTION — RESOLUTION NO. R2010-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF CERTAIN PROPOSED CITY CHARTER AMENDMENTS TO THE VOTERS OF THE CITY. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-13 with Item A removed and Items B & C approved in the original form as presented to City Council. Page 1 of 14 — 2/1/2010 City Attorney Darrin Coker stated Council has conducted a Workshop and a Public Hearing regarding this item. The item on this Agenda is to allow Council to consider the three proposed Charter Amendments to be included in the Special Election on May 8, 2010, for voters. There are three Amendments with the first being to increase the size of the Council from five members to seven, the second addresses Councilmember term limits and the third addresses the date required for the City Budget to be approved. Mayor Reid stated he is concerned about the wording of the proposed Amendment regarding Council term limits. He is concerned that the Amendments will prevent a person from ever serving on Council again after serving four terms. Other cities have this policy and it has presented a problem. Councilmember Saboe stated he does not feel now is the right time to increase the size of Council. He has observed past elections and does not feel that there is a large enough pool of qualified candidates that are interested in serving on the City Council for him to support increasing the size. Increasing the Council to seven members would change the dynamics tremendously and this is something that should happen at a later time. He supports the proposed Amendment "B" and "C". Term limits are hotly debated topic, but he can see possibly adding one more term to make it a full fifteen years of service. The world changes too quickly to have people on Council for a lifetime and the hard cap would prevent this from occurring. Councilmember Cole stated he has heard from a number of citizens regarding proposed Charter Amendment "A" and the concerns are being able to get enough qualified candidates to fill the openings. He does not have a serious issue with the hard cap on term limits proposed in Charter Amendment "B". The issue with a hard cap on term limits is that the last year they are on Council, they are not accountable to face the voters at the end of the term. Proposed Amendment "C" is something that needs to be done for the budget. Councilmember Sherman stated proposed Charter Amendment "C" makes sense and he supports it. He feels that there is possibly the need to add at least one more seat to Council. Five people for approximately one -hundred thousand is a lot of work and one more voice would not hurt. He does however understand the rationale of waiting to increase the number of Councilmembers. He is concerned with the term limit in proposed Amendment "B". The Council should not be able to tell voters who they can vote for. If the citizens want to remove a Councilmember they have the chance every three years. Two terms back-to-back may not be enough for Councilmembers to adequately get involved in the community and organizations to benefit the City. The wording should possibly be changed to not go with the hard cap and increase the term limit to three consecutive terms with the option of taking the year off and running again. Mayor Pro -Tem Kyle stated she respects everyone's opinion, but she thinks the recommendation to increase the number of Councilmembers is worthwhile and she supports it. She feels the issue of getting qualified candidates is because of the time Page 2 of 14 — 2/1/2010 commitment required. The concern with proposed Amendment "B" and the hard cap on term limits is the decision of who a Councilmember should be, is that of the Citizens who vote in the elections. Proposed Amendment "C" is something that is needed and should have been done a long time ago. Councilmember Owens stated he has not had any complaints from any citizens that' there needed to be an increase in the number of Councilmembers. At some point in time the City may have to go to Districts and expanding the Council may be necessary at that time. It is his opinion that the Council should remain at five Councilmembers at this time. He does not believe in term limits because every time a Councilmember comes up for re-election, they are at a term limit. The voters choose whether a person is re-elected or not. Proposed Charter Amendment "C" is not an issue to him. Mayor Reid stated regardless of how many terms a Councilmember serves, what matters is how involved that Councilmembers wants to be in the community and organizations to benefit the City. Councilmember Sherman clarified that his suggestion for proposed Charter Amendment "B" is to increase the terms to allow a Councilmember to serve three consecutive terms, sit off for one year, and then be eligible to run to serve again. Larry Marcott, Charter Review Commission Chairman, stated he was a Councilmember during the last Charter Amendment election and he supported increasing the number of Councilmembers at that time. The Charter Review Commission recommended Districts and the Council did not have the option to amend that proposal. There are a lot of citizens, and he feels the City needs to give more people a chance to serve on the Council. The current set up has served the community well, but more people need the opportunity to be involved. Kurt Evenson, Charter Review Commissioner, addressed Council and stated we need new individuals to serve on Council to prevent incumbency coming back after sitting out only one year. We need the ability to change over and increasing Council from five to seven would accomplish that objective. The Charter Review Commission made it real clear that it would probably change the way Council does business. As Councilmember Owens mentioned, the concept of sub committees will need to be considered. It enables some level of specialties. There are two lawyers on Council now and someone else might- be interested in personnel relations, another one may be interested in types of contracts. It allows for some level of specialization and the work to be spread out a little bit. That's some of the thoughts that went into the five to seven Councilmember approach. When it comes to the terms limits area, I do not think any of the Charter Review Commission liked the current wording of the Charter. There is an interpretation that a person is in for two terms and because it does not say anything beyond the two consecutive terms, they can take a year off and then run again. The Charter Review Commissioners all had problems with that and felt that stronger wording was needed. Page 3 of 14 — 2/1/2010 These two issues stand alone as independent items. The Charter Review Commission did its due diligence when making these recommendations regarding these issues. Councilmember Cole stated in 2000, removing term limits for Council was presented to the voters and it did fail. Larry Marcott, Charter Review Commission Chairperson, stated one other point was Districts and he feels that is something that generally comes about because of the Federal Court, and the Justice Department because of the lack of representation for minorities. Mr. Marcott stated, the City has a lot of minorities in our community but they are spread out so we do not have an enclave of a particular minority. If the City can stay away from the districts it would be best because it allows voters to vote on all Council positions. Districts are something out there in the future as something that the City may be required to do. Mayor Pro -Tem Kyle asked City Attorney Darrin Coker how many years has the City had Council members. City Attorney Darrin Coker stated there have been five Councilmembers since the Charter was adopted in 1971 and at that time the population was approximately 5,000 citizens. Mayor Pro -Tem Kyle stated one of the things this Charter Review Commission has done is to provide Council with a proposal. It is not a Council decision to make, and the City Council owes it to itself to look at our current makeup. This Council was made up of five Councilmembers and one Mayor when the City had 5,000 residents more than 30 years ago. The City has outgrown that mentality. She does not think it is necessarily a decision for Council to make whether the Council goes from five to seven Councilmembers. If the Charter Review Commission, in their infinite wisdom and the hours they put into it, have made this recommendation, she fully supports it. The City has an opportunity to bring new voices and new ideas to this Council and to this community and that gives us an opportunity to add to our representation in these other organizations we have been talking about. It also give us an opportunity to spread ourselves not quite so thin when we are trying to reach out to Harris County and Brazoria County groups and the other groups we are involved in. I support the growth of the Council because the City is growing and the City deserves the best representation. Each of us up here spend a lot of time doing a lot of things and if we could spread our responsibilities among two other greatly qualified candidates, we are not only helping ourselves because we are able to focus on fewer things, but also we are helping the community because we have more expertise among ourselves to share the workload. I support what the Charter Review Commission is presenting tonight. The City is no longer 5,000 residents; the City is 120,000 residents which includes the Extra Territorial Jurisdiction: Sooner or later they are going to be a part of the City and they are going to want to be represented as they well should be. I do not endorse six Councilmembers. That creates a situation where effectively the Mayor gets a vote and Page 4 of 14 — 2/1/2010 that is not the type of system of government that the City has adopted; that is not the type of system the Council has endorsed. Mayor Pro -Tem Kyle stated she does not think the Council should passively adopt it by going to six. If the Council is going to adopt a strong Mayor form of government, the Council should just do that but not to do it passively. I think this is a proposal that is probably past its time given the amount of growth that the City has had. I support and encourage more involvement and will vote in favor of Proposed Charter Amendment "A". Councilmember Owens stated, the survey that the City put out last year, actually got back extremely positive feedback as to the different services provided to the system. Ultimately, the Council is responsible for the health, safety and welfare of the City. He feels the Council has done a lot in the past years to connect the east and west and trying to open up more into the east and west to get more people active. The City has the web site, sends information in billing, publishes Police Reports and has increased patrols in that area plus numerous other things. When we look in the Council Chambers tonight, everybody works with City except for three people with the newspaper, two Charter Commission members, two Chamber of Commerce members and one person from Pearland Independent School District. Everyone here has something to do with the City. Every year in the nine-year period of time that I have been on Council, we have increased the budget significantly and no more than two or three people attend the Council Meetings regarding the budget process. I think Council has done a good job and stays here a lot of times late at night. We have not taken away from any part of the City by having five Councilmembers and there is no apparent benefit to increasing to seven Councilmember. In the last election 3% of the 25,000 to 40,000 registered voters came out to vote. Less than 1,500 people voted. The City has tried to spend extra time and money to inform the people of everything going on the City. The Council has met the Pearland Independent School District Board, the Drainage District, Brazoria County Commissioners. He does not feel the Council needs to be increased to seven members at this time. Mayor Pro -Tem Kyle stated, as one who fights traffic day in and day out, the City does not make it easy for people to come down and voice their opinion around budget issues. Council holds Workshops at 6:00 p.m. in the evening. With traffic and family issues it is difficult to get to City Hall to voice your opinion. City Hall is very hard to get to for most people because it is not well situated and the City should consider relocating within the next ten years to a more convenient area. That is a budgetary issue that is magnanimous in nature but still something Council ought to talk about. It is important that Council not interpret the lack of people showing up at City Hall for certain issues as a lack of interest or concern; the two do not correlate at all. It is a matter of priorities and that does not mean citizens do not care and I do not think the Council needs to send a message to the public that if you are not here, then the City does not care about you. We do. That is why Council is here until all hours of the night and weekends and during the middle of the week making luncheons and ribbon cuttings, and things that are Page 5 of 14 — 2/1/2010 important to our citizens. Council does care. I just want that to be clear from my perspective. Councilmember Owens stated that none of the statements he or anyone else made says Council does not care about the public. I want to correct the statement that was made. He does not think anything he said indicates Council does not care about the public. Relocating City Hall is not an issue that any of us want to face in the next five years or something the City will have the money to do. Larry Marcott, Charter Review Commission Chairperson thanked Kurt Evenson for the nine page document that was provided to Council. The report is a first of a kind that will go along to the next Charter Review Commission. It was well done and well documented. Mayor Reid stated he appreciates the work done and the many hours spent by the Charter Review Commission. City Attorney Darrin Coker stated it is his intention that the Council take each amendment individually, and suggested Council have a motion for each Amendment individually and place the Resolution on the table to initiate discussion if necessary. If there would like to be a motion at that time to amend the proposed language, a motion can be made to amend that language provided there are enough votes to carry the Amendment. Council can go through that process for each individual Amendment. What will happen at the end of the discussion is the Resolution will reflect, in Exhibit "A", the compilation of the three Amendments voted on this evening. Councilmember Sherman asked if the voters will approve or reject each individually. City Attorney Darrin Coker stated that is correct. Each of these three Amendments will be voted on individually. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to place Proposal A on the table for discussion and possible consideration which changes the number of Councilmembers. Councilmember Sherman made the motion to amend proposed Charter Amendment "A" from seven to six Councilmembers. Motion Failed for lack of a second. Mayor Reid called for a vote for the motion on the floor to address proposed Charter Amendment "A" as it is worded by recommendation of the Charter Review Commission. Page 6 of 14 — 2/1/2010 Voting "Aye" Councilmember Kyle. Voting "No" Councilmembers Owens, Sherman, Saboe, and Cole. Motion Failed 4 to 1. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to place the proposed Charter Amendment "B" on the table for discussion and possible consideration which establishes term limits. City Attorney Darrin Coker stated to clarify that would be going to four three-year term limits with a hard cap on that. Councilmember Sherman proposed an Amendment to the proposed Charter Amendment "B" to read Councilmembers shall be limited to three full consecutive elected terms of office and there shall be no limitation on the office of the Mayor. Councilmember Saboe stated he fully understands the comment by the Charter Review Commission that the current language is ambiguous and difficult to interpret. Council would have to do something with that. He stated he supports the proposed Amendment as opposed to the current Charter language. Councilmember Saboe stated he would be open to extending the term limits to five terms which is, fifteen years. The community changes a lot over fifteen years and he thinks that represents an adequate amount of time to have the right to serve on Council. Fundamentally in a different level of government, he agrees with Councilmember Owens' philosophy that term limits are a limitation of rights and obviously highly debated for a lot of reasons. Where terms limits will apply is when we move into a district methodology. He fears that that is the direction the City will head someday because of the setup of our City and because the City has this east -west divide contemplated by many. Eventually term limits will be appropriate in that setting. He stated the other thing that bothers him is not giving the public the right to provide comment on the issue of incumbency in an election. If the purpose of term limits is to neutralize the impact of incumbency, then a year is not enough time in his opinion; it defeats the purpose of having term limits to begin with. One year does not provide enough time for individuals who want to serve on Council to build that tenure and momentum that it takes to do the kind of things that they want to do whether it benefits them personally or for benefit or of the city. Councilmember Saboe stated he does not like the setup right now and there needs to be more clarity. He stated for him, it inspires this notion of having to have some waiting period longer than a year or else why have term limits at all. Councilmember Sherman restated his proposed Amendment to the proposed Charter Amendment "B" for clarification. Councilmember Saboe stated the Amendment does not resolve the sit out period for him. He is not going to make this argument because he personally does not agree with Page 7 of 14 — 2/1/2010 it. Those that oppose it, the debate in the public, are opposing it primarily due to power of incumbency and the strength that that brings in an election and a year does not do that justice. Councilmember Owens stated that when you look at it from that standpoint, a Councilmember serves two consecutive terms and is out for a year. This means that every six years an individual is elected to Council and is in the rotation. The other thing that you have in term limits in larger cities is a person can run for City Council in Houston, but it is extremely expensive to run in an election. With the City of Pearland, depending on how much opposition. a candidate has, there is a substantially smaller dollar amount to run in an election. When you start looking at running for a position when the City is above a 200,000 population, then term limits do come into play. There was an article by the Houston Chronicle regarding Harris County Commissioners and in order to run for a County Commissioner in Harris County, you have to have over a $1 million as a minimum to run. Term limits in that world make sense. Councilmember Owens stated he thinks ultimately the voters have to make that decision. Councilmember Saboe stated by definition, Councilmember Owens is making the same argument. Basically what is being said is that Councilmember Owens would rather keep it the same than go with the proposed Amendment because it provides the power of incumbency even though you have to sit out for a year. City Attorney Darrin Coker stated the current language is similar to that used by many Texas Home Ruled cities and they all share the same interpretation. It allows the ability to run after sitting out a year because of the two consecutive term limitation. It doesn't specifically state that you cannot run again. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to amend proposed Charter Amendment "B" to state "no person shall be elected to more than three consecutive terms as a Councilmember. A term shall include any portion of a term as a Councilmember however any term started prior to City elections in May of 2011 shall be excluded from the term calculation. There shall be no term limitation of the Office of Mayor." City Attorney Darrin Coker stated to clarify using that language, it would be the intent that if a Councilmember did serve three consecutive terms, they would have to sit out a year before you could run again. Councilmember Saboe stated the primary intent of the Charter Review Commission was to remove ambiguity from the language and again, his fear here is that those opposed to term limits will see this as a move in a negative direction further exacerbating a problem which they might think exists right now. This means it is likely to fail. This means we have not done what we intended to do here which is improve the language. Page 8 of 14 — 2/1/2010 Mayor Pro -Tem Kyle stated those who are opposed to term limits will reject the proposal as it is written now because it is a hard and fast term limit. What Councilmember Sherman is proposing is a soft term limit which is the exact same thing we have now. To those who oppose term limits, it is not a step backwards. Councilmember Saboe clarified that those who are in favor of term limits are going to see this as a move in the wrong direction. Councilmember Saboe asked the Charter Commission members present to clarify the intent of the proposed Charter Amendment. Kurt Evenson, Charter Review Commissioner stated there are two aspects to this, one of which was a hard cap. The second was the ambiguity Council has referred to which was important to the Commission. We did not think that one year was sufficient enough for a break in terms. What the Council is doing with Councilmember Sherman's language is saying with the one year ambiguity does not change anything. It just further exacerbated it. Councilmember Saboe stated that he does not know what kind of a break does begin to neutralize the power of incumbency, but it is not a year Councilmember Sherman stated it is not government's responsibility to tell the voters who they can and cannot vote for. He is attempting to work within the framework to establish some limitation to get new people on the Council during a break. There needs to be a balance of limitations that allows an experienced Council to operate to its maximum capacity and this could be accomplished by adding another three-year term. It does not mean a Councilmember is going to be re-elected three times if the voters do not give them the vote. Councilmember Cole asked if the Charter Review Commission considered inserting language that stated a Councilmember that did meet their two -term limit would have to sit out a minimum of two years. Kurt Evenson, Charter Review Commission, stated that the discussions included increasing the time period required to be off Council, but ultimately the Commissioners agreed upon the hard cap. Councilmember Cole stated Councilmember Sherman is trying to make sure that we build a cohesive Council that has continuity and some longevity. Well run cities have longevity in leaders that they elect and appoint at the same time offering the opportunity for new individuals and new change to flow in from time to time. He is just wondering if somebody actually sitting out for two years or longer does not start to break up the incumbency. He stated, adding some language like that could help break that up to make sure new individuals have an opportunity to come in, but at the same time, offer up the chance to have a little more cohesion and longevity. Page 9 of 14 — 2/1/2010 Councilmember Owens stated whatever the Charter Review Commission has recommended on the proposed Amendment should be sent to the voters. Councilmember Sherman restated his proposed Amendment to the proposed Charter Amendment "B". Mayor Reid called for a vote on the Amendment to the proposed Charter Amendment "B„ Voting "Aye" Councilmember Owens, Sherman, Saboe, and Cole. Voting "No" Councilmember Kyle. Motion Passed 4 to 1. Councilmember Saboe stated he would like to make it perfectly clear that he does not personally favor term limits for this Council. He thinks the voters will decline this, therefore, we are back in the same boat we are now. Councilmember Sherman asked how Council can become comfortable with something that we can present to the voters. Councilmember Cole stated he does not know if the voting public will support this or not, without all the education behind it moving forward, or if any attempt to clarify sitting out more than one year would further clarify it or make it more confusing. He thinks it does offer the chance for incumbency to lessen. If Councilmembers are doing a good job, and voters think they will do a good job, then they will have the opportunity to continue serving the community. City Attorney Darrin Coker stated the language that is being proposed is language that actually clarifies the current situation slightly when you add in, "no person shall be elected to more than three consecutive terms as a Councilmember." It clarifies it a little more than what we currently have. Mayor Pro -Tem Kyle stated one way of looking at this is that there are those that are opposed to term limits at this level and there are also others out there who believe like some us, that Councilmembers in the City of Pearland ought to have more time in their term limit segment to try to get involved in other organizations. The proposal on the table is a compromise to both of those. It effectively allows someone who is a good representative of the City to serve the City as long as they can and as long as the voters appreciate what they are doing and support it. If they do not, they do not get re-elected. It also sets a hard and fast rule that they cannot just automatically stay on Council for the next twenty or thirty years. They have to come off and let the voters re -instate them. It also allows the voters to have some term limits so they know that someone that does have the power of incumbency isn't going to be on. They are going to come off and give Page 10 of 14 — 2/11/2010 the opportunity for new people to come on and learn the ropes and serve the community in whatever capacity that they can. Kurt Evenson, Charter Review Commissioner stated, if Council does what they are proposing and puts a greater than one year break in there, you might stand a chance of getting some votes, otherwise he does not think they changed anything other than adding three years on an assured incumbency and continue to be able to run. Councilmember Saboe stated Council appointed a Commission to provide some recommendations and this Amendment is not what they proposed. It does make a statement about what the Council intends if we do vote to put it on the referendum and it makes a statement about what Council want on the referendum ballot. That is what I have a problem with right now. I would rather not put anything on the referendum ballot. He would rather leave it alone or have someone make a modification. Mayor Reid stated we have an amended motion on the table. He called for a vote. Voting "Aye" Councilmember Kyle. Voting "No" Councilmembers Cole, Saboe, Sherman, and Owens. Motion Failed 4 to 1. City Attorney Darrin Coker stated according to the Roberts Rules of Order, technically the motion proposed Charter Amendment "B" is off the table. Councilmember Saboe stated he needs an exact interpretation. Mayor Reid recessed the meeting at 9:21 p.m. to return to the Workshop and to allow the City Attorney time to review Roberts Rules of Order. Mayor Reid called the meeting back to order at 9:55 p.m. City Attorney Darrin Coker stated, the question was if a motion to reconsider is appropriate at this time and what would be the requirements for that motion to be approved. Council did not move far enough in the agenda and therefore, Council could have a motion to reconsider at this time. That motion would be required to be separate and only require a simple majority to be approved. Councilmember Saboe stated, hypothetically, if a motion was made to reconsider, could then that motion be amended. City Attorney Darrin Coker stated it does say it is not amendable. Councilmember Saboe made a motion, seconded by Councilmember Owens, to reconsider proposed Charter Amendment "B" in its original form a�; part of Resolution No. R2010-13 Page 11 of 14 - 2/11/2010 Councilmember Saboe thanked City Attorney Darrin Coker for researching this item. He stated he felt it was important because Council had gotten off track of what he thinks is the intent or the spirit of what the Charter Commission was and it is worthy of vote in its original format. Mayor Reid called for a vote on the motion to reconsider. Voting "Aye" Councilmember Owens, Sherman, Kyle, Saboe and Cole. Voting "No" None. Motion Passed 5 to 0. Councilmember Saboe made a motion, seconded by Councilmember Owens to approve proposed Charter Amendment "B" in its original form as part of Resolution No. R2010- 13. Councilmember Saboe stated he is going to support taking it to the voters even though he does not agree with it personally. Mayor Pro -Tem Kyle stated her vote on proposed Charter Amendment "B" will be the exact same as on proposed Charter Amendment "A". Mayor Reid called for the vote on the motion to reconsider proposed Charter Amendment "B". Voting "Aye" Councilmember Owens, Sherman, Kyle, and Saboe. Voting "No" Cote. Motion Passed 4 to 1. Councilmember Saboe made the motion, seconded by Councilmember Owens to approve proposed Charter Amendment "C" as submitted on Resolution R2010-13. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. City Attorney Darrin Coker stated the Resolution that Council is voting on references an Exhibit A. Exhibit A, which are the proposed Amendments that will be submitted to the voters in a Special Election in May for the Charter, would be proposed Charter Amendment "B" in its original language as suggested by the Charter Review Commission and proposed Charter Amendment "C" in its original language as Page 12 of 14 — 2/1/2010 recommended by the Charter Review Committee. Council is approving the resolution adopting the earlier motions that were adopted by Council. Mayor Reid called for the vote on Resolution No. R2010-13. Voting "Aye" Councilmembers Owens, Sherman, Kyle, and Saboe Voting "No" Councilmember Cole. Motion Passed 4 to 1. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-202. City Council. Councilmember Sherman made the motion, seconded by Councilmember Owens, to remove Resolution No. R2009-202 from the table. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-202 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DESTINATION MARKETING AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-202. City Manager Bill Eisen stated Council has conducted two Workshops on this item where several questions were raised with regard to the proposed Budget. The Chamber has submitted responses to the questions and feels they have successfully addressed all of the concerns. Brian Roller stated the Chamber is not asking for any additional funding from the original budget that they submitted in September. Mayor Pro -Tem Kyle stated she wanted it to be clear whether the Convention and Visitors Bureau employees were employees of the Chamber or the City. City Manager Bill Eisen stated the City contracts the employees. Page 13 of 14 — 2/1/2010 Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENT TO THE CITY'S PLANNING AND ZONING COMMISSION. City Council. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to appoint Richard Golden to serve on the Planning and Zoning Commission Position No. 1 for a term expiring November 1, 2010. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER SUPPORTING THE VILLAGE OF SURFSIDE BEACH'S EFFORT TO SECURE FEDERAL FUNDING OF THE U.S. ARMY CORPS OF ENGINEERS' BEACH EROSION RECONNAISSANCE STUDY. Mr. Bill Eisen, City Manager. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:10 p.m. Minutes approved as submitted and/or corrected this the 22nd day of February, A.D., 2010. Tom Reid Mayor ATTEST: I. (?�q SecrgNry ............. Page 14 of 14 — 2/1/2010