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2010-10-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 11, 2010, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:02 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Ed Thompson City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Kyle. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Danny Cameron Public Works Director; Glenn Turner Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; John Knight Information Technology Manager; Meg McNulty Utility Bill Supervisor; Joel Hardy Grants Coordinator. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid presented Fire Marshal Roland Garcia and Director of Fire Services Glenn Turner with a proclamation proclaiming "Fire Protection Month." Mayor Reid reported September 29, he joined City Manager Bill Eisen at Brazoria County Judge Joe King's Presentation to the Brazoria County Economic Alliance; September 30, attended the Pearland Economic Development Corporation Board Meeting; October 2, attended a Special Presentation with State Representative Randy Weber and joined Mayor Pro -Tem Sherman for the West Lea Annual Meeting; October 4, attended the Agenda Meeting; October 5, attended Senator Mike Jackson's Presentation to the Bay Area Builders Association and joined Police Chief J.C. Doyle for National Night Out, October 6, attended a Joint Workshop with Brazoria Drainage District No. 4; October 7, joined local Mayors for a Meeting with Houston Mayor Annise Parker and attended the Chamber of Commerce Elected Official Reception; October 8, Page 1 of 16 — 10/11/2010 spoke at the Dixie Farm WalMart's 10th Anniversary Ribbon Cutting; October 9, joined others as a waiter for the Keep Pearland Beautiful Thyme Fall Luncheon. COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended National Night Out, the joint meeting with Brazoria Drainage District No. 4, and had a discussion with Congressman Pete Olson regarding Clear Creek. He also attended the Chamber of Commerce Elected Officials Night and the Keep Pearland Beautiful Thyme Fall Luncheon. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Sherman stated he attended several events on National Night Out and the Chamber of Commerce Elected Officials Night. October 12, there will be a Municipal Utility District No. 26 Meeting at Mary Burks Marek Elementary School. Councilmember Kyle was absent. Councilmember Thompson stated he attended the National Night Out, the Chamber of Commerce Elected Officials Night, the joint meeting with Brazoria Drainage District No. 4, and was a waiter at the Keep Pearland Beautiful Thyme Fail Luncheon. CITY MANAGER'S REPORT City Manager Bill Eisen reported October 6, there was a joint meeting held with the Brazoria Drainage District No. 4 to discuss the Regional Detention Study and the Clear Creek Project. CITIZENS Joshua Smith, 5231 Ryan Acres Drive, addressed Council and stated he does not agree that Ordinances pertaining to condemnation qualify for an emergency first and only reading. He does not feel the Hike and Bike Trail qualifies as an emergency item. The qualification of these items as emergency readings does not allow citizens the time to prepare to discuss the item with Council. This action affects the citizens and their property. Steve Smith, 5231 Ryan Acres Drive, addressed Council and stated he would like to discuss the offer made from the City for his property. The City has not provided him with an official offer for his property. The City has not taken the time to hear his concerns. He is disappointed with the interactions related to the proposed action and is opposed to having the Hike and Bike Trail on his property. Page 2 of 16 — 10/11/2010 Caleb Smith, 5231 Ryan Acres Drive, addressed Council and stated he is concerned about the proposed Hike and Bike Trail being located on his family's property. He continued to provide Council with his concerns regarding compensation and security issues and stated he is opposed to the action. Cindy Smith, 5231 Ryan Acres Drive, addressed Council and stated she is opposed to having the Hike and Bike Trail in her backyard. Having the trail in her backyard will cause more traffic around her home and cause security issues. Timothy Smith, 5231 Ryan Acres Drive, addressed Council and stated he is opposed to having the Hike and Bike Trail in his backyard. Mark Hastings, 5301 Ryan Acres Drive, addressed Council and stated there are better locations for the Hike and Bike Trail than the proposed location. There are areas close to this location that are already used for walking. He is opposed to having this trail in his yard. IL H. Kwon, 5301 Ryan Acres Drive, addressed Council and stated he has lived in his home for twenty years and has paid taxes to the City. He does not want the Hike and Bike Trail in his backyard. The City is taking half of his backyard for this trail and he feels it is unfair. Christina Byers, 5403 Ryan Acres Drive, addressed Council and stated she does not want the entire City of Pearland walking through her backyard. Her neighborhood has zero crime right now and she wants it to stay that way. The compensation being offered is also unfair. She is being offered more for a chain link fence than she is being offered for her land. She is opposed to having the Hike and Bike Trail on her property. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 16, 2010, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 27, 2010, Regular Meeting held at 7:30 p.m. Page 3 of 16 — 1 011 11201 0 B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-132 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-131— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO RENEW A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD THEIOSSI AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1434 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1435 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED Page 4 of 16 — 10/11/2010 HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1436 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1437 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 5 of 16 — 10/11/2010 I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1438 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1439 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1440 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF Page 6 of 16 — 10/11/2010 MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1441 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Thompson asked that Consent Agenda Items E through L be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through L with the exception of items E through L, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Thompson, Consent Agenda Items E through L were removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1434 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY Page 7 of 16 — 10/11/2010 ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1435 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1436 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 8 of 16 — 10/11/2010 H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1437 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1438 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1439 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF Page 9of16-1011112010 MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1440 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr, Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1441 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY FOR A HIKE AND BIKE TRAIL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1434, Ordinance No. 1435, Ordinance No. 1436, Ordinance No. 1437, Ordinance No. 1438, Ordinance No. 1439, Ordinance No. 1440, and Ordinance No. 1441. Councilmember Saboe stated the wording of emergency is a standard practice to allow the City to move forward with legal matters that need to be addressed. The Consent Agenda is possibly not the best place for an Ordinance that will affect a neighborhood. Page 10 of 16 — 10/11/2010 He stated he has not personally gone to the proposed area to see what is there and he would like the opportunity to do this. The items the residents are asking for such as fencing and lighting seem to be reasonable requests. Mayor Pro -Tem Sherman stated he does not like to see residents that have contacted someone with the City and not been contacted back. He would like to discuss the issue and make sure the residents are receiving responses to their issues. Councilmember Saboe stated residents always have the option to contact Council directly to discuss issues they feel are important. He stated that citizens also have the ability to view the entire Council meeting packet on the City's website. City Attorney Darrin Coker stated these items can be tabled for further review; however, Items E and F are separate issues. Councilmember Thompson stated this property is located near the creek and asked if the property is located in the flood zone. Assistant City Manager Jon Branson stated the property is located partially within the flood zone. He stated the trail location is to allow the 100 -foot easement required by the Brazoria Drainage District No. 4. Discussion ensued between Council, Assistant City Manager Jon Branson, and City Attorney Darrin Coker regarding the Ordinances. Councilmember Thompson made the motion, seconded by Councilmember Owens, to table Ordinance No. 1436, Ordinance No. 1437, Ordinance No. 1438, Ordinance No. 1439, Ordinance No. 1440, and Ordinance No. 1441 to allow further review. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1434 and Ordinance No. 1435. Voting "Aye" Owens, Saboe, Sherman, and Thompson. Voting "No" None. Page 11 of 16 — 10/11/2010 Motion Passed 4 to 0, with Councilmember Kyle absent. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2010-116 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-116. City Manager Bill Eisen stated this item is an annual agreement that includes the construction, maintenance, improvement, and repair activities of certain streets within the City. The City provides the materials and Brazoria County provides the equipment and labor. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Jon Branson, and Public Works Director Danny Cameron regarding the Resolution and the proposed projects. Voting "Aye" Councilmember Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-135 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR GROUNDS MAINTENANCE SERVICES. Mr. Bili Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-135. City Manager Bill Eisen stated as a result of discussions in the Workshops held regarding the Budget, sealed bids were received for grounds maintenance services for the City facilities. The low bidder was Texas Lawn and Landscape in the amount of $93,986. Assistant City Manager Jon Branson stated Staff anticipates that there will be return of approximately $50,000 to the budget as a result of this agreement. Voting "Aye" Councilmember Owens, Saboe, Sherman, and Thompson. Voting "No" None. Page 12 of 16 — 10/11/2010 Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-136 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF AN ASPHALT RECLAIMING ATTACHMENT. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-136. City Manager Bill Eisen stated this item is for the purchase of an asphalt reclaiming attachment for use in the Public Works Department. The equipment is available for $83,380 through the Houston -Galveston Area Council cooperative purchasing program. Voting "Aye" Councilmember Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — FIRST 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. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 870-6 on its first reading. City Manager Bill Eisen stated Staff has reviewed Chapter 12, Utilities Code of the Code of Ordinances, and this items pertains to the recommended changes. The changes address the "Red Flag" issues which is for identity theft, addresses Council concerns on leaks and sewer winter quarter averages, and contains services the City already provides such as payment plans. Voting "Aye" Councilmember Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Page 13 of 16 — 10/11/2010 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. Bill Eisen, City Manager. Resolution No. R2010-133 passed to a future Agenda. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2010-134 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE E. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY AND THE CITY OF ANGLETON. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-134. City Manager Bill Eisen stated the E. Byrne Memorial Justice Assistance Grant Local Solicitation formula funding from the U.S. Department of Justice provides local law enforcement jurisdictions with support for equipment and other necessary resources used in the deployment of its police operations involving sworn officers and/or community policing measures. This item is a request for funding that will allow for the purchase of ten tasers. The total award is $23,643, and the City will receive $12,500 of that amount. Voting "Aye" Councilmember Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. 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 Saboe, to approve Resolution No. R2010-138. Page 14 of 16 — 10/11/2010 City Manager Bill Eisen stated the Development Corporation Act requires Council to approve any amendments to the Bylaws of the Pearland Economic Development Corporation. The Bylaws were first adopted in May 1995, and were last amended in November 1998. A committee was formed in April to review the Bylaws and recommend amendments. The committee consisted of two Boardmembers, the City Manager, City Attorney, and the Executive Director of the Economic Development Corporation. This item is the proposed changes to be approved by Council. Executive Director of the Economic Development Corporation Matt Buchanan presented Council with a detailed review of the proposed amendments. Councilmember Saboe stated he does not feel that Council has had sufficient amount of time to review the proposed amendments and would like more time before voting on the item. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Executive Director of the Economic Development Corporation Matt Buchanan regarding the Resolution. Councilmember Saboe made the motion, seconded by Councilmember Owens, to table Resolution No. R2010-138 to allow Council to further review the proposed amendments. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Matt Buchanan, Executive Director of Economic Development Corporation. Councilmember Thompson made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2010-139. Executive Director of the Economic Development Corporation Matt Buchanan stated this item is for the administrative service agreement between the Economic Development Corporation and the City of Pearland. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Page 15 of 16 — 10/11/2010 Motion Passed 4 to 0, with Councilmember Kyle absent. ADJOURNMENT Meeting was adjourned at 9:48 p.m. Minutes approved as submitted and/or corrected this the 8th day of November, A.D., 2010. �l Tom Reid Mayor ATTEST: �� �� tel/ • }/ f,ary " / �' /VS. fr� Se Page 16 of 16 — 10/11/2010