State of Texas County of Brazoria City of Angleton The City of Angleton, Texas City Council conducted its Regular Monthly Meeting at 6 p.m., Tuesday, August 10, 2010, with the following in attendance:

J. Patrick Henry Mayor Rudy Santos Mayor Pro Tem Jason Perez Councilman Gregg Dykes Councilman John Wright Councilman Randy Rhyne Councilman OTHERS PRESENT: Melissa Byrne Vossmer City Manager Patti Worfe Assistant City Manager and

Economic Development Director Mary Kay Fischer City Attorney Shelly Deisher City Secretary Herb Smith City Engineer Susie Hernandez Financial Director David Ashburn Chief of Police Chris Saddler Parks & Recreation Director Robert Heinemeyer Public Works Director Kacey Hamlet Utilities Director Tina Taylor Municipal Court Director Robert Owens Fire Marshall/Code Enforcement

Director And those listed on the guest registry.

1. CALL TO ORDER BY MAYOR HENRY at 6:00 p.m. Declare a

quorum. 2. Pledge of Allegiance. 3. Moment of Silent Reflection/Prayer. 4. Council adjourned into executive session at 6:03 p.m. as

authorized by Texas Government Code Section

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551.071(Consultation with Attorney) to discuss with the City Attorney certain matters relating to the contracts on the Angleton City Hall Addition and Angleton Fire Station #1, where to discuss these matters in open session would conflict with the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas with possible discussion and action related thereto in open session. Council out of executive session at 7:00 p.m. No action out of executive session; reconvened into regular session.

5. Ceremonial presentations- A. Yard of the Month-The Razo Family

B. Business of the Month- Something Special Interiors

6. Citizens wishing to address council: None. 7. Requests to address Council other than citizenry. None. 8. Consent item: Minutes from July 20 2010 Special Council

meeting. Motion by Councilman Wright to approve the consent item; Second by Councilman Dykes Motion passes with 6 for; 0 against.

DISCUSSION ITEM:

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Discussion of Brazosport Water Authority Board Member Report presented by Larry Shaefer, Representative for the City of Angleton. Larry Shaefer: Things are up and down right now with BWA. John Wright was at the meeting. Started a meeting without a quorum. Bucky Fournier from Richwood was sworn in and then made a quorum. I asked President and Council if that was violation of open meetings act and received no answer. I have written a letter to District Attorney’s office and if you will approve it, I will send it. General Manager applications have started to be screened. Board appointed three members the time before last, the President, Vice President and Secretary, but since no elections and I am the Vice President, decided I

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am not a member of the committee and I cannot screen manager’s applications. Hired a new investment counselor. Asked to first look at Lehman Brothers and found that the Lehman Bro. bonds, which are now in bankruptcy, did not comply with Texas Public Fund Investment Act. This resulted in a $285,000 loss and bonds have token value, if any, and must be sold immediately to come back into compliance with the Act. I did frame a letter to the Attorney General about this matter which has been handed to you to approve to edit or tell me not to send. Employee performance guidelines we discussed and are back on agenda again. Are going to try to come up with some methods to award performance guidelines based upon you are a good person and here is $ 500. I examined a $453.00 per month Verizon bill and started to ask a number of questions about that. The first question is that they are paying about $120.00 per month in sales tax being an entity created by an act of the State Legislature, they should be tax exempt. I have asked questions and received no answer. I asked Friday for review for all bills they get from vendors to see if they are paying sales tax and the answer is they are paying quite a lot of sales tax. No business person to guide the authority. Looking on five year revised budgets to be discussed on Aug. 24. Two rate increases in five year plan as well as $13,000 for new computers and security equipment upgrades. I have asked that we have a workshop for the cities. We did that last year when we discussed a rate increase and has fallen on deaf ears so far. Would like to see council express to the board that they would like to take a look at yearly on budgets and rate increase for coming up year. Find a lot of very peculiar things in budget with no explanation, such as a $6,000 security system upgrade. They have two cameras and a VCR. I know from experience that the new digital VCRs are about $300.00. Brazoria representative’s term has expired and has resigned. Will have new representative from Brazoria next month. Full membership has been a problem at the meetings. So far I haven’t missed a regular meeting. I missed a few special meetings. A minimal quorum is not a way to solve budget issues and things such as that. Lake Jackson rep has requested an item on the Aug. 24 agenda which was not fully explained to the board that would limit my reporting of BWA activities to council on these monthly reports. I asked why and did not get an explanation. Don’t feel comfortable with that policy. Will be discussing that Aug. 24 and please give written comments. Some of the problems is that this is

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me personally expressing opinions and I don’t believe that to be true. I believe it is valuable to report to you good and bad because you owners/stockholders/shareholders and I believe you should know what is going on in the organization. Councilman Rhyne: They want to produce a canned information report that they produce and you just hand to us? Shaefer: I tried to ask president to what his plan was and he said to limit reports to city council. If we are lucky, we’ll get an agenda a few days before the 24th and I will give to the City Manager to distribute. Not sure what the jest of it is right now. They don’t seem to like unscripted reports that they don’t have input to. Best I can guess so far. Mayor: They would like him to not say anything other than what they want him to say. Preferably, nothing at all. Councilman Wright: On the Lehman Brothers bond, that was the only bad thing that was found, correct? The rest of it was in good standing? Shaefer: No. there were two items. The Lehman Brothers bond was roughly $200,000. It went bankrupt and is worth probably $10,000 to $20,000 at this time. The other item was Citibank bonds which also fell outside the guidelines. For several reasons. We did sell those a year and a half ago, resulting about a $40,000 loss. Councilman Wright: But now, the only thing you have open is the Lehman. Shaefer: That is correct. We currently have nothing outside of Texas Republic Investment Act and we have no long term, other than the standard federal bonds, etc. There are reserves. Councilman Wright: So, they have cleaned that up, except Lehman Brothers…that solved. That is a good thing. I am glad they did that. Rate increases were put in there because of capital to show they want to put capital projects together, but doesn’t necessarily mean that we will have to have the rate increases.

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Shaefer: Exactly. And one of the things that is pointed out to us is that in a five year budget plan, it is an outline. One item I saw was a $300,000 outlay for north Brazoria Co. plant with no explanation. Councilman Wright: I thought that was Ramsey units…in Rosharon, but they didn’t have any way of getting that through and probably wouldn’t happen. Shaefer: Ramsey was a different item. It was about $200,000, which would be reimburseable. Although these are plan, it is good to have accurate plans. For the future, you need to know what the increases are about and I think that the board in the past has not been deeply involved in the budgeting process and from some of the things I am seeing, I think we need to be a little better and I strongly think that the cities ought to have a workshop as we did two years ago. Councilman Wright: Kirby Jordan thing…I guess that is new. That wasn’t discussed at the last meeting. Has that been discussed yet as a group? Mrs. Shaefer: We got a letter. Shaefer: Kirby was not at the last meeting. Councilman Wright: Right, but his resignation…you must have just received. Shaefer: Kirby’s resignation was dated August 1 to be effective August 29th or 31st. It is on the agenda in Brazoria tonight. Councilman Wright: Yes, I did make my comments to Mr. Longoria about membership attendance was very, very low. Shaefer: Difficult to get all members there at all times. I have seen several minimum quorum meetings. If you have four people making decisions for six entities, plus, I am not comfortable with that. Need to work on getting to those meetings. Councilman Wright: On the first couple of items, please continue to work with Melissa and Mary Kay to bring those

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requests through so it is coming from the city and disbursed appropriately. Shaefer: That is one of the things I am trying to do…keep away from the personalities there so we are trying to talk business. Think we are making progress. All councilmembers: Thank you. Councilman Rhyne: On the report it says monthly Verizon bill was $1,453.00 and you said $400… Shaefer: That was various tanks around and valves, but don’t need to be paying sales tax on anything. Will be into that on Friday. I asked for a copy of all vendors invoices so I can see if we have other problems. Mayor: Larry, I would just as soon hold off on the letters. I will want to write them a letter and ask them about the 24th and that issue, but the other things, the money, to me, that is water under the bridge. I don’t think you are going to get anywhere on the open meetings act. Shaefer: I think we are wasting our time. Mayor: In a bazaar, twisted way, I can kinda understand swearing someone in so you have a quorum. Shaefer: What I am curious to know, under the failure for the Texas Public Investment Act, whether in fact our bonding agency would reimburse the authority for these out of guidelines investments or something could be done towards recovering that $285,000 because board did not approve the investment and was done without our approval outside of the guidelines. We were bonded. General Manager is gone at this time.

PUBLIC HEARING 10. Public hearing on a request to re-zone the West 100 feet of a

0.284 acre tract of land off of Woodway Square. The request is to re-zone from SF 7.2 (Single Family) to CG (Commercial General).

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Motion by Councilman Wright to open the public hearing; Second by Councilman Perez. Mayor: Do we have anyone wishing to address council on this matter? Seeing no one is wishing to speak on the public hearing, do I have a motion to close the public hearing? Motion to close public hearing by Mayor Pro Tem Santos; Second by Councilman Wright.

11. Discussion and possible action on approval of ORDINANCE NO.

2010-O-8A, AN ORDINANCE OF THE CITY OF ANGLETON, TEXAS AMENDING THE “ZONING MAP OF THE CITY OF ANGLETON” BY CHANGING THE ZONING DISTRICT DESIGNATION AND PROVIDING FOR A ZONING CHANGE OF THE WEST 100’ OF THE 0.284 ACRE TRACT OF LAND OUT OF TRACT 96 OF THE NEW YORK AND TEXAS LAND COMPANY SUBDIVISION IN THE J. DE J. VALDERAS SURVEY, ABSTRACT 380, CITY OF ANGLETON, BRAZORIA COUNTY, TEXAS LOCATED ON WOODWAY SQUARE, FROM SF 7.2 (SINGLE FAMILY) TO CG (COMMERCIAL GENERAL), PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH AND EVERY OFFENSE, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Mayor: Planning and Zoning heard this? Mary Kay Fischer: Nods in agreement. Mayor: And they approved it? Melissa Byrne Vossmer: Yes. Motion by Mayor Pro Tem Santos to approve Ordinance No. 2010-O-8A as recommended by Planning & Zoning; Second by Councilman Dykes. Councilman Wright: This is right behind Hunan Gardens? Mayor Pro Tem Santos: Yes. Councilman Wright: I noticed in P&Z minutes they mentioned they had questions about how close it is going to be to Kaysie Street. I guess there was enough vegetation that they thought

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it wasn’t a problem. No one spoke against it. Motion passes with 6 for; 0 against.

PUBLIC HEARING 12. Public hearing on a request for a Specific Use Permit to operate

a game room at 1100 S. Velasco. Motion by Councilman Perez to open the public hearing; Second by Councilman Wright. Mayor: Anyone in the audience that wishes to comment on this? Marilyn Vrazel: I worked in the game room and would like to own one. I would like to be in Angleton. I really enjoy that. It is a meeting place for people…old, young. We don’t have any drinking. We don’t have problems. It is a fun place to go to meet new friends and have a good time. I really hope I can have one here. Thank you. Mayor: Anyone else? Do I have a motion to close the public hearing? Motion to close public hearing by Councilman Wright; Second by Mayor Pro Tem Santos. Motion passes with 6 for; 0 against.

ACTION ITEMS: 13. Discussion and possible action on approval of a request for a

Specific Use Permit to operate a game room at 1100 S. Velasco. Mayor: Did Planning and Zoning approve this? Melissa: They did approve it. Mayor: My concern is…while Ms. Vrazel’s intentions may be the best in the world, these have not been an overwhelming, crime-free success in Angleton. Would you say that is fair, Chief?

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Chief Ashburn: Have had problems at a few of the locations and some have been shut down. County is making sure they are complying with the law. We are not the only community. They are doing it all through the county. Mayor: I guess my problem would be…we have allowed them in certain circumstances, through a specific use permit, but to open one when there is a problem, I have a problem with that. Councilman Wright: Is Oasis already open? Ms. Vrazel: No. Councilman Wright: This would be a brand new one? Mayor Pro Tem Santos: It would be a brand new one in an existing location. Ms. Vrazel: It would be a brand new one. Councilman Dykes: Since you brought it up, would it be fair to ask, what would make yours different? What would be your business plan to make a difference in the way you operate? Ms. Vrazel: Because I am the owner. I can say what goes and what doesn’t go this time. We pay cards on the floor. We have a store they buy from. We put the cards back in the machines. It would be operated as I say this time. Councilman Wright: Have you had any history with any of the ones that have been raided? Ms. Vrazel: I was the manager of one, yes and I have worked at one. Motion by Mayor Pro Tem Santos to approve Planning and Zoning’s recommendation for the Specific Use Permit to operate a gameroom at 1100 S. Velasco; Second by Councilman Perez. Mayor Pro Tem Santos: Again, this is a former game room and has been vacant for a while. Have you been a manager of one here in Angleton?

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Ms. Vrazel: Yes, sir. I was the manager of the one before. Mayor Pro Tem Santos: You know we do our inspections and we go in and do our checks. Ms. Vrazel: Yes, sir. You will probably have hired hand during these operating hours that would be under your employment. Ms. Vrazel: I will be there a lot of the time. When I am not there, I will have a lady in charge. Mayor: Any further discussion? Councilman Perez: I read over the documents. Are you going to be 24-7…or have limited hours when you first open up? Ms. Vrazel: Will probably open at 9 and probably close at 12 during the week and 1 on Fridays and Saturdays. That has worked out really well. Councilman Perez: Is the business next door, or adjacent to it, are they still in business? Ms. Vrazel: No. Councilman Perez: So that whole property is vacant right now. Ms. Vrazel: We will have that building, just the one. Mayor Pro Tem Santos: Special Use permit only goes with you. If the doors are shut down, that establishment is shut down. We all understand that, right? Councilman Perez: What if it just changes ownership? Does that also change to, or does it go with you. Mayor Pro Tem Santos: My understanding about a Special Use Permit is void. Is that correct? Mary Kay Fischer: That is true. Mayor Pro Tem Santos: What if you get a neighbor in the vacant building? Have you considered that? A mechanic

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shop…another tire shop. Ms. Vrazel: There was a tire shop there when we were running it before and there was no problem. There is a lot of parking in both areas. He had no problem. We talked. Our business was nighttimes when he was closed. He didn’t have a problem. Mayor Pro Tem Santos: The owner of the property…does he own both buildings? Ms. Vrazel: Yes, sir. It is separated in the planning and zoning permit, it is two separate areas. Councilman Wright: Had fires in one of them before. You have had full inspections done on this place and it meets all codes and requirements to operate those? Ms. Vrazel: I haven’t done that. That is something that would be done, I am sure. I haven’t done that. Councilman Perez: I think, John, what she is doing is trying to get started and then go through that whole permitting process. Councilman Wright: Do we have any special requirements on that? Robert Owens: Not other than if they have smoking in them, they have to have the noncombustionable smoking containers, trash cans and so forth. (Inaudible). Mayor: Any further discussion. Councilman Rhyne: I have investigated many of these operations throughout the years and I am still of the opinion based on several facts and also attorney general’s opinion that the Texas Constitution does not allow for these particular machines and in fact, said they are illegal, but nobody wants to listen to that. I have been in investigations that the reasons these machines and businesses get investigated and ultimately shut down is because they cannot make money without progressing over to allowing illegal activity. When they do that, yes, we have undercover people that are in there and yes, people get arrested and yes, we seize everything we can possibly take. I don’t have a problem because I know you and

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Mr. Vrazel and I really think ya’ll will try to keep this as legitimate as possible, but I still have to go with the fact that the Texas Constitution does not allow these machines. I have seen a lot of good people lose a lot of money. We used to get reports from people that would call us and say please, go get my momma and daddy out of there. I won’t even go into the horror stories about investigating financial aspects of all of the businesses. Mr. Mayor, whenever you are ready to take a vote. Motion passes with 4 for; 2 against (Mayor and Councilman Rhyne oppose).

PUBLIC HEARING 14. Public hearing on voluntary annexation of a 4.314 acre tract of

land, currently the Texas Tumbleweed business on County Road 220 (1ST PUBLIC HEARING). Motion by Mayor Pro Tem Santos to open public hearing; Second by Councilman Perez. Motion passes with 6 for; 0 against. Mayor: Anyone wishing to speak? Motion to close the public hearing by Councilman Rhyne; Second by Councilman Wright: Motion passes with 6 for; 0 against.

15. Public hearing on voluntary annexation of a 4.314 acre tract of

land, currently the Texas Tumbleweed business on County Road 220 (2ND PUBLIC HEARING). Motion by Councilman Rhyne to open the public hearing; Second by Councilman Perez. Motion passes with 6 for; 0 against. Mayor: Anyone wishing to speak? Motion by Councilman Wright to close the public hearing; Second by Councilman Perez.

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Motion passes with 6 for; 0 against. Mary Kay Fischer: Mr. Mayor, may I kind of explain what is happened and what will be happening next? This is an annexation of an area exempt from the annexation plan because it was petitioned by the owners, you recall. City has complied with all the legal requirements. It has posted today’s two public hearings which are allowed in an expedited plan that is provided. The publication of two public hearings were put in newspaper as required by law. Additionally, the law also requires we send notification to the school district and we notified the Superintendent of the two public hearings being held tonight. Also requires that the Municipal Service Plan be prepared and posted and displayed tonight for public inspection and that is on the desk at the entrance if anybody is interested in reviewing the service plan for the proposed annexed area. Next step will come to you within three weeks or so and you will consider and determine if you want to annex this 4.3 acres.

ACTION ITEMS: 16. Discussion and possible action on approval of Ordinance No.

2010-O-8C, AN ORDINANCE GRANTING TO STEVE BARRERA A VARIANCE FROM THE “NO BURNING WITHIN THE CITY LIMITS” ORDINANCE FOR THE PURPOSE OF BURNING DEBRIS FROM THE CLEARING OF CERTAIN LAND; SETTING A TIME LIMIT ON SAID VARIANCE OF SIX (6) MONTHS; REQUIRING STEVE BARRERA TO COMPLY WITH FIRE HAZARD, OR OTHER SAFETY REGULATIONS AS SET FORTH BY THE STATE OF TEXAS, BRAZORIA COUNTY OR THE CITY OF ANGLETON TO INSURE A SAFE AND CONFINED BURN; PROVIDING THAT ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY; PROVIDING FOR A SEVERANCE CLAUSE; AND PROVIDNG AN EFFECTIVE DATE. Mary Kay Fischer: This is an ordinance on your agenda because Mr. Barrera brought forward a letter. He has been hired by Angleton ISD to clean up piles of brush located on Downing, west of new high school. He has registered the operation of the air curtain incinerator with Texas Commission of Environmental Quality and has been issued a general operating permit. This Ordinance would allow him to conduct a

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burn and have variance from no burning within the city limits per ordinance, conditioned upon the burn not creating a nuisance and meeting the provisions and requirements as set forth by fire marshal and comply with all state, county, city fire prevention safety rules, regulations and laws and I visited with Fire Marshal on this and I am not sure he has anything on this he wishes to add. Mr. Barrera: Concerned with piles and get them burned before school starts. There is a lot of debris where the kids could be accidentally starting a fire. It is getting pretty dry. We are trying to beat weather and hope to get it done before school starts. Mayor Pro Tem Santos: Who owns that property? Barrera: Tom Banfield, Banfield properties. Mayor Pro Tem Santos: You were hired by who? Barrera: Mr. Banfield. Mayor Pro Tem Santos: Not by the Angleton School District? Barrera: No. Mayor Pro Tem Santos: Then all of this is wrong. Mary Kay Fischer: I thought the letter…okay, I will revise it. I thought he was hired by the school district. Barrera: A while back, I did do some trench burning…the 43 acres that was right there with Freedom Park. It was adjacent to that school. We did do a little bit for the school. Mayor: Is the school mentioned in the ordinance? Mary Kay Fischer: Yes, I will revise it to put Mr. Banfield. Mayor: We can pass it with the revisions? Mary Kay: Yes. Mayor Pro Tem Santos: That is great that Banfield is doing

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that. Is there any way you could get the adjacent owner north of that property to take care of his business while you are at it? Barrera: We can sure try. Mayor Pro Tem Santos: You have got the permit for six months. Barrera: I would have enough time to do it. Mayor Pro Tem Santos: As long as it is clear that it is not with the Angleton ISD, that it is with the said owner Banfield. Mary Kay: What is his first name? Barrera: Tom…Tom Banfield. Mary Kay Fischer: I will revise it. Motion by Mayor Pro Tem Santos to approve Ordinance No. 2010-O-8C, with revision that Mr. Barrera is hired by Tom Banfield and not AISD; Second by Councilman Wright. Motion passes with 6 for; 0 against.

17. Discussion and possible action on approval of ORDINANCE NO. 2010-O-8D, AN ORDINANCE ESTABLISHING CERTAIN APPLICATION FEES FOR ZONING, REZONING, SPECIFIC USE PERMIT, VARIANCE, SPECIAL EXCEPTION AND NOTICE OF APPEAL OF DECISION OF ADMINISTRATIVE OFFICIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mary Kay Fischer: The zoning ordinance references various fees that are to be established by ordinance and this is the ordinance establishing the $150.00 fee for all those various items listed including zoning, rezoning, specific use permit, variance, special exception and notice of appeal of decision of administrative official. Each is $150.00 for the application fee. Councilman Dykes: All these are $150.00 each?

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Mary Kay Fischer: Yes, sir, each one is $150.00. Councilman Perez: Prior to today, were they all something different? Mary Kay Fischer: No, historically that has been the fee. This is just establishing it in written form by ordinance as authorized by the zoning ordinance. Councilman Rhyne: So that is actually what we have been charging? Mary Kay Fischer: Yes, sir. Motion by Councilman Perez to approve Ordinance No. 2010-O-8D; Second by Councilman Dykes. Motion passes with 6 for; 0 against.

18. Discussion and possible action on approval of ORDINANCE NO.

2010-O-8E, AN ORDINANCE ELIMINATING VARIOUS SCHOOL ZONES AND CREATING VARIOUS SCHOOL ZONES THROUGHOUT THE CITY OF ANGLETON; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDNG A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR EACH VIOLATION OF THIS ORDINANCE, PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mayor: Chief, have we got this ready to roll? Chief Ashburn: Mayor, if it is alright with you, I will let Officer Dahlstrom present this. He has done a lot of work on this. Officer Dahlstrom: With all the restructure of school facilities and new facilities, we got together and looked at existing school zones that we can do away with. The ones we are looking at taking off the list of school zones within the city will be 35 on East Mulberry by Wildcat, North Downing Road beginning at Henderson, coming down to Cannan and will be a revised on the new one, West Peach street…I spoke with Steve Davis and Chief Gayle and we are all in agreement that new High School ACE building, where Westside school used to be on

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South Walker, that the south Walker school zone will be adequate and not the Peach…and of course Wildcat Drive, Parrish Street, all the streets that were designated as school zones, where bus barn and old Marshall school is…I have been told there will be no academic courses whatsoever there, so we won’t need school zones around there. School zone on North Downing revised to start at Chevy Chase to North of Cannan…because Northside Elementary will still need a school zone there…stopping at Cannan and picking back up at Dennis Avenue and running ultimately from Dennis Avenue all the way to 523. Councilman Dykes: Is Dennis where those townhouses are? Dahlstrom: Yes. We chose Dennis so there wouldn’t be confusion with Molina Drive and then Molina Court. Councilman Wright: Where did it start before? Over by the old high school. Mayor: It was continual. It was all the way back to the north. Dahlstrom: After Cannan to Henderson, it was school zone and 30 mph. If you kept it, ultimately you would enter a school zone at Chevy Chase at 20 mph and go up to 30 mph, still in the school zone, and then have to drop back down. We would like to drop it down to 20 because the old High School, now middle school, will have more pedestrian traffic. Mayor: Before, we still had quite a bit of pedestrian traffic with that seemingly endless school zone and would allow you to double the ticket if they were going 50 or 45 in that stretch because there are a bunch of kids that walk. Dahlstrom: Had to add Campus and Stadium Drives, which are new streets. Councilman Dykes: On the school zones, I have had several parents ask what the plans are for crossing guards at Henderson and Downing? They used to have crossing guards for the middle school kids. What are they doing by the new. Dahlstrom: From what I understand, the school district was slotted for two.

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Chief Ashburn: The school is open to get two approved to be at Henderson and Downing. Councilman Dykes: That the school district is going to provide? Chief: Yes. Chief Gayle said if they didn’t get two, they would hopefully get one. Councilman Dykes: That is not our responsibility. Chief Ashburn: Not our responsibility. Mayor: We are one of the few cities in the State of Texas that has anything to do with school zones. Dahlstrom: With restructuring and changing of schools and ages of kids attending, the first couple of weeks we will have to monitor close and may have to come back and make revisions. The first week we won’t get a very accurate traffic study. Normally the second week of school everything starts calming down. Mayor: While this first week of school…while we are looking at this, a three way stop at Hospital and Downing. Can we look at the traffic flow? I can’t imagine that it will get any better, but right now people are doing crazy things with that intersection. They are stopping and letting people through. Dahlstrom: There are probably going to be several that will have to be monitored. May need to move it. Mayor: You can do that temporarily without our authorization. That is just not working. We took care of one problem we had with Cannan and created another 300’ down. Melissa Byrne Vossmer: We will have them take a look at it. Dahlstrom: ECC/Central Campus has been a kindergarten for a long time and now it is an elementary and we are going to have to watch that area now. Melissa: May have to put about three weeks of school under our belt and come back and make a recommendation to council

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with any changes and report how it went. Dahlstrom: Okay. Motion by Councilman Dykes to approve Ordinance No. 2010-O-8E; Second by Councilman Wright. Motion passes with 6 for; 0 against.

19. Discussion and possible action on approval of ORDINANCE NO. 2010-O-8F, AN ORDINANCE OF THE CITY OF ANGLETON, TEXAS, ADDING ARTICLE IV, TRAFFIC REGULATIONS, SEC. 25-93 OF THE CODE OF ORDINANCES OF THE CITY OF ANGLETON, TEXAS, PROHIBITING THE USE OF WIRELESS COMMUNICATION DEVICES, SUCH AS CELL PHONES IN SCHOOL ZONES; DIRECTING THE CHIEF OF POLICE OR HIS DESIGNEE TO POST SIGNS INFORMING THE MOTOR VEHICLE OPERATOR OF SAID PROHIBITION; PROVIDING A PENALTY CLAUSE OF NOT MORE THAN $200.00 FOR EACH VIOLATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mayor: This is something Chief Gayle wanted and I told him last spring it didn’t make sense last year because we were going to move school zones around. Now it is time now. This is wireless, handheld anything, right? Dahlstrom: Mainly electronic communication devices. Mayor: They are going to claim they were talking to themselves. Dahlstrom: There is a clause there that if you are on a handsfree device...Bluetooth, through the speakers of your vehicle, you are okay. Mayor: Those are just about as bad, I think. It is time to do this. Dahlstrom: We already have signs. It is at Frontier, but it is in the county. I talked to Chief Gayle and advised him we can’t make the request to TxDOT for the 523 section of the High

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School because we don’t own that roadway, but we can for the West 35. Councilman Rhyne: Isn’t that coming up as a school zone on 523? Dahlstrom: Yes, sir. I believe they already have the signs in. They were wiring them up last week. Motion by Councilman Rhyne to approve Ordinance No. 2010-O-8F; Second by Councilman Perez. Mayor Pro Tem Santos: If you use your cell phone in the parking lot, is that legal? Dahlstrom: Yes, if you are parked, it is legal. If you are parked on the side of the road and you are not moving, you are legally parked and you are on your phone trying to make contact… Councilman Wright: Did we figure out the cost of these signs? Heinemeyer: The blanks have been ordered and not made them yet. Cost is $800-$1,000. We are looking at new signs for school zones also, at about $35.00 per sign if we don’t have to put up a pole. Poles are $15.00 additional. Melissa Byrne Vossmer: And Robert, it is our goal to have these up by the first day of school? Heinemeyer: Yes. All new school zones changed and the cell phone signs up. Councilman Wright: Are we the only city around here that doesn’t have the signs up? Heinemeyer: Brazoria does, Sweeny does, West Columbia Does and I think Lake Jackson does. I am not sure about Clute. Mayor: Only school district that has reconfigured every school in the district.

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Motion passes with 6 for; 0 against. 20. Discussion and possible action on approval of Ordinance No.

2010-O-8G, AN ORDINANCE OF THE CITY OF ANGLETON, TEXAS AMENDING SECTION 24-31 (HOMESTEAD EXEMPTION FOR THE ELDERLY) AND SECTION 24-32 (HOMESTEAD EXEMPTION FOR CERTAIN DISABLED PERSONS) OF THE CODE OF ORDINANCES OF THE CITY OF ANGLETON BY INCREASING THE HOMESTEAD EXEMPTION FROM $45,000 TO $50,000; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Melissa Byrne Vossmer: This item is on the agenda as a result of action taken by council last year during budget preparation. At that time, council put the program in place and went from $40,000 to $45,000 and directed staff to take a look at this each budget year to see if, in fact, raising it in $5,000 increments was feasible. We did include this in the budget that we are going to be presenting to you later this evening. Cost of doing this is $33,260 but is built into budget base and have a balanced budget. Motion by Mayor Pro Tem Santos to approve Ordinance No. 2010-O-8G; Second by Councilman Dykes. Councilman Wright: I see what we are trying to do here and I know we talked about it last year, I just hate to approve this before we finish going through the budget. That is my only concern. I think we did this last year after at least going through one round of looking through the budget as a group. Mayor: I tend to agree with you, but you are going to approve this anyway or you are going to be accused of making grandma eat the cheap cat food instead of the expensive cat food. Mayor Pro Tem Santos: Okay, let’s move on. It is a valid point. Motion passes with 6 for; 0 against.

21. Discussion and possible action on approval of RESOLUTION NO.

2010-R-8A, A RESOLUTION OF THE CITY COUNCIL OF THE

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CITY OF ANGLETON, TEXAS, PLACING A PROPOSAL ON THE SEPTEMBER 28, 2010 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT THE 2010-2011 FISCAL BUDGET OF THE CITY OF ANGLETON, TEXAS AND CALLING TWO PUBLIC HEARINGS ON THE 2010-2011 FISCAL BUDGET OF THE CITY OF ANGLETON, TEXAS (BUDGET) TO BE HELD ON AUGUST 24, 2010 AND SEPTEMBER 14, 2010; REQUIRING PUBLICATION OF A NOTICE OF THE PUBLIC HEARINGS IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. Melissa: We have budget presentation tonight. Already have budget workshop next Tuesday. The following Tuesday is a regular scheduled meeting. We will have other additional budget presentations as council desires. We hope the public hearings scheduled for ultimate approval will be at the second meeting of September. Motion by Councilman Perez to approve Resolution No. 2010-R-8A; Second by Councilman Wright. Motion passes with 6 for; 0 against, by the following votes: Mayor Pro Tem Santos: aye Councilman Perez: aye Councilman Dykes: aye Councilman Wright: aye Councilman Rhyne: aye Mayor: aye

22. Presentation and discussion and possible action on approval of

Ordinance No. 2010-O-8H an ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ANGLETON, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010 AND SUCH OTHER SERIES AS MAY BE DESIGNATED HEREIN; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING CERTAIN DESIGNATED OFFICIALS TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, INCLUDING THE TERMS THEREOF, AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATED THERETO; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; AND CONTAINING OTHER MATTERS RELATED THERETO, presented by First Southwest.

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Melissa: Jim Morrow has been the representative for the Cit of Angleton for a number of years. I called Joe and asked what are opportunities for refinancing on total debt and debt construction. As a result of those conversations, Joe presented to us a plan for refinancing a number of different older issuances and I have asked him to go over tonight our complete debt schedule so council can see where we are at as a City, as well as our rating and talk about refinancing. Joe Morrow: First Southwest: Passed out books that cover tonight’s presentation. Will be a tool you can use over time. Last time rated in 2008, some of which proceeds were used to construct these buildings. Reports are old and will get one rating from Moody. Those rating reports give views that they had of the City back in 2008. Will get one of them updated. Have included a comparison from Moody’s financial ratio analysis. Ran a question through their system of show me AA3 rated cities like Angleton and then added to that some of your neighboring cities like Lake Jackson and Pearland. With this, you can see similar rated credits in this area and how you stack up with various financial ratios. There are 8-10 cities that you are compared with that has all the financial ratios so there is going to be two pages…four pages in all…two to take care of one set of cities and next two pages take care of rest of cities. Behind is index or glossary of what ratios are. Motion by Councilman Wright to approve Ordinance No. 2010-O-8H, to include adding Series 2000 bonds to refunding to Exhibit A, not to exceed 6 million dollars; Second by Councilman Dykes. Motion passes with 6 for; 0 against. Taking five minute break at 8:55 p.m. Back into session at 9:04 p.m.

23. Presentation of proposed fiscal year 2010/2011 budget.

Melissa Byrne Vossmer presented proposed fiscal year 2010/2011 budget. See attached executive summary.

24. REPORTS OF BOARD & COMMISSIONS:

Angleton Better Living Corporation – Mayor: Did budget and

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proposed increase for Rec Center. Personnel costs were more expensive. Rate structure was approved. Angleton Parks Board – Wright: No meeting. Bates is finished. New equipment at Masterson. Senior Citizen Commission – Jason Perez: group is meeting and rocking forward.

25. Council Information – (limited to items of community

interest) Mayor Patrick Henry- named off several events coming up. Mayor Pro Tem Rudy Santos – nothing. Councilman Jason Perez – nothing. Councilman Gregg Dykes – nothing. Councilman John Wright - Thank you, everyone, for putting together the budget. Councilman Randy Rhyne – nothing.

26. Council adjourned into executive session at 10:00 p.m., as

authorized by Texas Government Code Section 551.074 (Personnel Matters), to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Emergency Management Director, with possible discussion and action related thereto in open session. No action out of executive session. Adjourn at 11:00 p.m.

__________________________________ J. Patrick Henry, Mayor __________________________________ Shelly Deisher, City Secretary