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2007-04-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF "PEARLAND, TEXAS, HELD ON APRIL 23, 2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:49 p.m. with the following present: Mayor Tom Reid Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Blair Absent: Mayor Pro -Tem Richard Tetens. Others in attendance: Narciso Lira Assistant City Engineer; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer; Johnny Spires Assistant Police Chief; Yesenia Garza Benefits Coordinator. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported April 11, he met with Brazoria County Commissioners Donald "Dude" Payne and Mary Ruth Rodenbaugh regarding Chocolate Bayou water; April 12, cut the ribbon for Data, Inc. and the Country Place Golf Course and met with Brazoria County Commissioner Mary Ruth Rodenbaugh, Assistant District Attorney Mary Shine, and Rice Farmers on Chocolate Bayou water; April 13, attended the Chamber Before Breakfast and the Partner for Pearland golfing events; April 14, cut the ribbon for the Armed Service Recruiting Office and attended the Paul Carl Monument, Inc. Open House; April 15, Score Keeper for the Fire Department Endurance Challenge and toured the new Golfcrest Golfing Facility; April 16, attended the Agenda Meeting, Council Workshop, Special Meeting, and the STARS VIP Event; April 17, attended the H -GAC Monthly Board of Directors Meeting; April 18, joined the Scholarship Committee to select Mayor's Scholarship Awardee and attended the BCCA Monthly Meeting in Alvin; April 19, attended the Chamber Monthly Luncheon, the Chamber Leadership Council, and a dinner to honor Governor Jeb Bush's visit to Houston; April 20, attended a Planning Committee for Pearland Arts League and presented the Proclamation for the Junior Olympic Association; April 21, presented a Proclamation to the Country Place Page 1 of 7 — 4/23/2007 Gold Association and attended the Exchange Club of the Golf Coast Annual Law Enforcement Recognition Breakfast; April 22, visited with the Silver Lake Home Owners' Association and presented awards to the Houston Classical Arts League Winners; April 23, Joined the Exchange Club to Welcome home Phillip Sallie home from Iraq and attended the Van Pooling Meeting with the Houston South Main Association. Mayor Reid asked candidates for the upcoming Election to introduce themselves. Larry Marcott stated he is running for City Council Position No. 5. Woody Owens stated he is running for City Council Position No. 1. Duane Sayers stated he is running for City Council Position No. 1. Councilmember Cole stated he is running for re-election to City Council Position No. 5. Mayor Reid presented a proclamation to Gina Menedez, Assistant Police Chief Johnny Spires, Maribel Cooper, Linda Pace, Velma Guadiana, Barbra Mcguiness, Jennifer Chadis and Gary Barker proclaiming April 22nd — 28th, 2007 as "Crime Victims' Rights Week." Mayor Reid and Councilmember Kyle presented a proclamation to Gary Bucek and Pamela Carr proclaiming the month of April 2007 as "Motorcycle Safety Awareness Month." Mayor Reid and Councilmember Saboe presented Pearland Postal Workers with a proclamation proclaiming April 12, 2007 as the "15th Annual Stamp Out Hunger Food Drive." Mayor Reid and Councilmember Cole presented a proclamation to Pearland High School Seniors proclaiming April 25, 2007 as "Project Graduation Day." COUNCIL ACTIVITY REPORTS Councilmembers Saboe reported he attended both the candidate forums and it is great to see the amount of citizens attending the event. Councilmember Beckman reported she participated in the Keep Pearland Beautiful City- wide Clean-up. Councilmember Kyle reported she attended the Forgotten Angels event and it was a fantastic event that raised money for a good cause. Councilmember Cole reported he attended the Forgotten Angels event and the Partners Page 2 of 7 — 4/23/2007 for Pearland Golf Tournament. Mayor Pro -Tem Tetens was absent. CITY MANAGER'S REPORT City Manager Bill Eisen reported early voting for the City Council and the Bond Election will take place beginning Monday, April 30, 2007. The voting locations will be different for this election and citizens will need to verify their voting location. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 9, 2007, Regular Meeting held at 7:30 p.m. 2. Minutes of the April 16, 2007, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1322 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY ADDING ARTICLE VI, GRAFFITI ABATEMENT, DECLARING GRAFFITI TO BE A PUBLIC NUISANCE; MAKING IT UNLAWFUL FOR PROPERTY OWNERS TO FAIL TO REMOVE GRAFFITI FROM THEIR RESPECTIVE PROPERTY; PROVIDING FOR A PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers. Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. NEW BUSINESS Page 3 of 7 — 4/23/2007 COUNCIL ACTION — RESOLUTION NO. R2007-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR GROUP BENEFITS CONSULTING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-63. City Manager Bill Eisen stated the City has had the same carrier for health insurance and several other insurances for five years and decided to test the market and take bids for the service. Staff is recommending the City employ the firm of City County Benefits Services. The firm is based out of Sugarland and is currently helping several other cities with this type of service. Councilmember Cole asked what services are included in the annual fee of $30,000. City Manager Bill Eisen stated the firm would be providing consulting services on an as needed basis and the fee would also cover the bidding process. Councilmember Saboe asked if Staff had evaluated the use of any local firms for this service. City Manager Bill Eisen stated, to his knowledge, there are companies in the City that provide this service on a consultant basis. Burk Sunday, City County Benefits Services, stated the firm represents approximately 40 firms in the state of Texas. The public market has changed significantly and is becoming more difficult to decipher. His firm reviews the needs of the City and helps make decision that will have the most benefits for the City and its employees. Discussion ensued between Council, City Manager Bill Eisen, and Burk Sunday, City County Benefits Services regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE SH 288 FRONTAGE ROADS. Mr. Mike Hodge, Assistant City Manager. Page 4 of 7 — 4/23/2007 Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-65. City Manager Bill Eisen stated this item contains changes to an existing engineering contract for engineering services on the frontage road of SH 288. Staff attended a meeting with TxDOT and were informed that although the City had already begun preliminary engineering work on the plans that were previously established, TxDOT needed more room than initially thought and the plans were going to be changed. TxDOT declined reimbursing the City for the engineering costs but agreed to include Hughes Ranch Road into the frontage road project. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — REGARDING APPROVAL OF THE PEARLAND AREA CHAMBER OF COMMERCE AND CONVENTION AND VISITORS BUREAU QUARTERLY REPORT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve the Pearland Area Chamber of Commerce and Convention and Visitors Bureau quarterly report. City Manager Bill Eisen stated this item is a couple of reports from the Pearland Area Chamber of Commerce and Convention and Visitors Bureau and the Pearland Area Chamber of Commerce for Council review. Council will also have the option to approve the change in the approved budget to align the City Budget with the Pearland Area Chamber of Commerce and Convention and Visitors Bureau. Bryan Roller, Coordinator of the Pearland Convention and Visitors Bureau, addressed Council and presented a report and update for the Pearland Convention and Visitors Bureau highlighting several recent events. Carol Artz, President Pearland Chamber of Commerce, addressed Council and provided an update report for the Pearland Chamber of Commerce. Gary Bucek, Pearland Area Chamber of Commerce, addressed Council and stated a pact has been formed to work to get the sale of beer and wine for off -premise consumption only legalized in retail stores. Brief discussion ensued between Council, City Manager Bill Eisen, and Carol Artz, Page 5 of 7 — 4/23/2007 President Pearland Chamber of Commerce. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2007-60. City Council. Councilmember Saboe made the motion, seconded by Councilmember Cole, to remove Resolution No. 2007-60 from the table. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2007-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-60. Voting "Aye" None. Voting "No" Councilmembers Cole, Kyle, Beckman, and Saboe. Motion Failed 0 to 4, with Councilmember Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:07 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074— PERSONNEL MATTERS —DISCUSSION REGARDING CITY MANAGER'S 2007 — 2008 EVALUATION GOALS. City Council. Page 6 of 7 — 4/23/2007 2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:27 p.m. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S 2007 — 2008 EVALUATION GOALS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Councilmember Cole made the motion, seconded by Councilmember Kyle, to authorize staff to proceed with the purchase of property as discussed in Executive Session. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. ADJOURNMENT Meeting was adjourned at 10:29 p.m. Minutes approved as submitted and/or corrected this the 14th day of May, A.D., 2007. ATTEST: VAI Tom Reid Mayor Page 7 of 7 — 4/23/2007 THIS PAGE TO BE LEFT BLANK INTENTIONALLY