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CITY COUNCIL OF THE CITY OF LEAGUE CITY

300 WEST WALKER STREET

LEAGUE CITY, TEXAS

April 22, 2008

The City Council of the City of League City, Texas met in a regular meeting in the Council Chambers at 200 West Walker Street on the above date at 6:00 p.m.

MAYOR: Jerry Shults

CITY COUNCIL MEMBERS: Tad Nelson

Mike Barber

Thomas Cones

Chris Samuelson

Phyllis Sanborn

Tim Paulissen

Jim Nelson

CITY ADMINISTRATOR: Chris Reed

DEPUTY CITY ADMINISTRATOR: Mary Straw Chambers

CITY ATTORNEY: Dick H. Gregg, Jr

CITY SECRETARY: Barbara F. Long

DIRECTOR OF GENERAL SERVICES: Travis Doughty

DIRECTOR OF FINANCE: Cynthia Pearson

DIRECTOR OF PARKS & CULTURAL SERVICES: Chien Wei (Absent)

DIRECTOR OF LAND MANAGEMENT: Tony Allender

DIRECTOR OF PUBLIC SAFETY Jamie Galloway

DIRECTOR OF PUBLIC WORKS: Larry E. Herbert

CHIEF OF POLICE: Michael Jez

1. CALL TO ORDER AND ROLL CALL OF MEMBERS

Mayor Shults called the meeting to order at 6:01 p.m. and called the roll. All members of Council were present.

2. INVOCATION, PLEDGE OF ALLEGIANCE TO THE U.S. FLAG AND PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG

The invocation was given by Pastor Jack Pierce of Lighthouse Fellowship of Friends. Mayor Shults led in the pledges of allegiance to the flags.

3. APPROVAL OF MINUTES

A. March 25, 2008 City Council Special Meeting

B. March 25, 2008 City Council Regular Meeting

Mayor Shults asked if there were any corrections to these minutes. He said, hearing none, these minutes are approved.

4. APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS, AWARDS

A. Presentation by Mr. Tom Linklater, President of the League City Economic Development Corporation (Director of Land Management)

Mr. Linklater said this evening I want to present the 2008-2009 Strategic Plan for the League City Economic Development Corporation. Our mission is to recruit, retain, expand, and create business investment for the City in order to assure a high quality of life for our citizens. We will accomplish our mission by using responsible, well-planned economic development strategies and by working with our economic development partners. We strive to assure a superb quality of life, to increase investment, and to diversify and expand the local tax base, thus keeping taxes low for all.

B. Presentation of a proclamation recognizing May 15, 2008 as Police Officers’ Memorial Day and the week of May 11-17, 2008 as National Police Week (Mayor Shults)

Mayor Shults read the proclamation recognizing May 15, 2008 as “Police Officers’ Memorial Day” and the week of May 11-17, 2008 as “National Police Week” in its entirety.

5. PUBLIC HEARING AND ACTION ITEMS FROM PUBLIC HEARING

6. CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL

The privilege of speaking at this time is limited to the following persons: residents, persons having an ownership interest in property or a business located within the City, or their attorneys.

(A statement of no more than 3 minutes may be made on items of general relevance. There will be no yielding of time to another person. State law prohibits the Mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas Open Meetings Law. Comments should be directed to the entire Council, not individual members. Engaging in verbal attacks or comments intended to insult, abuse, malign or slander any individual shall be cause for termination of time privileges and expulsion from Council Chambers.)

Ms. Bette Specion, 5908 Country Place, said I am President of Friends of the Butler Longhorn Museum. I am not here to request money. I am here to tell you that we have reached our summit. We want to thank the City, the Parks Department, Destination League City, and, most of all, our volunteers and businesses in League City. If you come to the Museum you will see many volunteers. I would like to invite you this Saturday to the Annual Texas Gathering. At 11:00 a.m. we will have a flag ceremony being done by the American Legion and the ROTC. The American Legion Post 554 under Commander Mike Lacy has donated two flagpoles. We want you to come out and see all the progress we have made. It is a great thing for our town.

Ms. Kathy Sabolsice, 822 Lewis, said I am the Vice President of the Friends of the Butler Longhorn Museum. I am a life time resident of League City. I believe in this museum. Our Texas Gathering will be held on Saturday, April 26, 2008 from 11:00 a.m. to 7:00 p.m. We will be hosting a Wild West Show. There will be western re-enactments, singers, a petting zoo, Tatum longhorns that we can all ride. We have local demonstrators as well as some coming from as far as Kansas City. We urge you to come out. We hope to have a turnout similar to the City Open House. That was a fun day. We appreciated that and hope you can come out and enjoy yourself at the Museum as well.

7. COUNCIL MEMBERS COMMENTS/REPORTS

Mr. Barber said no comments.

Mr. Jim Nelson said we have some Library happenings: The Friends of the Helen Hall Library will hold their book sale beginning Thursday, May 8, 2008 from 5:30 p.m. to 7:30 p.m. for Friends members only. You may join Friends at that time. The book sale continues for the general public on Friday and Saturday, May 9-10, 2008 from 10:00 a.m. to 4:00 p.m. on both days. Fun Library facts: Did you know that the Library can help you learn a new language. The Library has Learn a Language CD’s and cassettes for both children and adults to assist in learning languages as varied as Russian, Hebrew, Korean, Chinese, Arabic, and Spanish, as well as learning English as a second language. A couple of things I want to mention. The wellness walk/run on Saturday was a huge success. One lady was 96 years old and did a mile and a half. The Open House was probably the best we have ever had in this city. I appreciate the people coming out. It is where we try to give back a little to the community. There are two organizations near and dear to my heart, the Police Officers’ National Memorial and the Wounded Warrior program. I encourage everyone in the City to give their support to these organizations. The Wounded Warrior program takes servicemen who have finished rehab and helps them get back on their feet. Being a veteran myself that is very dear to my heart. I have a son who is a police officer so I support the Police Officers’ National Memorial.

Mr. Cones said I want to welcome everyone and tell Ms. Specion this is a beautiful Butler Longhorn Museum postcard. I will give a small report on the Butler Longhorn Museum since Ms. Specion and some of the Friends board members are here. We are very close to opening the front door. I hope to see that in a month or two. Opening the door is going to be a very special day. As a museum board member it has been a long wait. I think once it is open it is going to be a fabulous City facility. I thank you to all the board members and Friends.

Mr. Paulissen said I want to follow up what Mr. Jim Nelson said. We had the Friends of the Seniors Foundation Wellness Walk this past weekend. Mr. Nelson and I are members of that board. They raised $3,900 with donations. We had about 110 people register for the 5K and 1K walk and netted about $2,800 for the seniors programs. Many thanks to Ms. Laurie Hembree, the Director of the Friends of the Seniors. She worked about 20 hours per week to make this happen. It was a good success and a good complement to the City Open House. Many thanks to the department heads and employees of the City. They did a lot of innovative things for their around the world theme. It is good to see a little fun besides all the seriousness of running City Hall day-to-day. Thanks to the League City Chamber of Commerce for hosting the candidates’ forum last night. It will be replayed on Channel 16 until the election. I want to talk about the Texas Gathering. The event last year was a big success. I see they have a lot of additional entertainment this year. It is from 11:00 a.m. to 7:00 p.m. Saturday at the Butler Longhorn Museum. If you have time this weekend, cruise down to the Museum.

Ms. Sanborn said thank you for coming out tonight and for watching at home. I want to mention a couple of things. One is the senior walk and run. I participated in that and did the shorter run. The mayor did the long one. It was well organized. I want to thank everybody who volunteered to put that on, the staff from the Parks Department and many of our seniors who participate in the senior program. It was a lot of fun and fellowship. I look forward next year to us having one also. If you have never gone out to an Open House, I would agree that this was the best we have ever had. I managed to go to every booth. Our staff was enthused and excited. With all the people and children out, it was a wonderful day. We could not have had better weather. The entertainment was top notch. If you did not go, plan on going next year. The food and soft drinks are free. It is a way for the City to give back to the citizens. It was very enjoyable.

Mr. Samuelson said with all this talk about running and playing outside, it is clear everybody is excited for spring. I am too. There are a couple of things I want to mention. The James Glenn Foundation’s annual fun run will be May 10th. They do accept late registration. It is a great activity in our community for a very good cause. If you have a chance, go out and participate. It is a 5K run and there is also a run for kids. Second, we have a brand new park opening up this weekend in League City. The Clear Creek Nature Park off FM270 is being dedicated this Saturday. It is a big event for the City. It is a 148 acre park that includes 1.3 miles of observation trails, bird blinds, restrooms, picnic tables, barbecue grills and a pavilion. This was all built with money from Texas Parks and Wildlife and some money from our Park Dedication Fund. If you have not gone out there, go out this Saturday, April 26 for the dedication at 10:00 a.m. The park will be open 7 days a week from 7:00 a.m. to 7:00 p.m. I think it is a great addition to the community.

Mr. Tad Nelson said I want to thank the Chamber of Commerce for last night’s event. The Chamber held its annual candidates’ forum, which allowed all the candidates and some of the Council Members who are running for re-election to come and express their points of view on questions asked by the forum. Mr. Ron Lemon was the moderator. He was helped by Mr. Bob Douglas. It was a great event. The sad thing is I have been up here for 5 years and in theory this could be my last meeting. Hopefully not, but it could be. It has been an absolute honor. Staff is great. I hope I do not have to say I will miss you, but it could be. It is an honor to be up here. It is a great city and I am as League City proud as anybody. Please take time and watch it as many times as it takes. It has been a pleasure and an honor serving.

8. MAYOR COMMENTS/ REPORT

Mayor Shults said I would like to thank the Chamber of Commerce for hosting the State of the City. I would also like to thank Judge Yarbrough and Clear Creek ISD Superintendent Greg Smith who shared the stage with me. It was a lot of fun. It made being Mayor all the more enjoyable.

I would like to thank Dr. Ned and Fay Dudney for being the named the First Annual Mayor’s Citizens of the Year. Our interview with them will air on Channel 16. They are so dedicated to League City. If you see them in the community, please congratulate them.

Mayor Shults said the League City Chamber of Commerce had a good golf tournament at Bay Oaks. It is a lovely course and the day was wonderful. The Chamber has been very busy as you can see.

My wife and I did the 1st Annual Wellness Walk for the Seniors. We did the 5K and finished in front of a lady who was pulling a wagon with 2 children and she had 2 broken toes. It was close, but we beat her. Then we walked over to the City Open House. It was another beautiful day in the park.

Tomorrow will be Administrative Assistants’ Day. I will have two to take to lunch tomorrow. If you have forgotten, here is your reminder.

Friday is the Relay for Life at the Sportsplex. It begins around 6:00 p.m. or 6:30 p.m. This is something the City has participated in for many years. It is a Cancer wellness walk for a wonderful cause. You get to walk all night. It is a lot of fun for a very serious cause.

Saturday morning at 10:00 a.m. is the opening of the Clear Creek Nature Park. We have put a lot of effort into that. It is going to be yet another park for the citizens of League City to enjoy.

I know we have competing events on Saturday, April 26, 2008, with the party at the Butler Longhorn Museum. We are looking forward to that.

Thank you to the Chamber of Commerce last night for a successful forum. It was very well done. The questions were very professional. As Councilman Nelson said, this could be my last meeting as well. It has been an honor and blessing to serve you, the citizens. This staff we have compiled, my hat is off to you – Mr. Reed, Ms. Chambers, Ms. Pearson, all the directors, Chief Jez, you are a wonderful crew. This is a beautiful city and I am extremely proud to have led you for the last three years. I want this in the record that on two occasions we had very short Council meetings, a 38-minute Council meeting and a 42-minute Council meeting. I encourage you to go vote. It is not only a right in this city, it is a privilege. There are a lot of men and women who have given the ultimate sacrifice for us to be able to do that. Please take the time to go cast your vote.

9. REPORTS FROM STAFF MEMBERS

Mr. Reed said he would like to draw Council’s attention to the quarterly financial report that was passed out tonight. We have a League City Lions Club Village Fair May 9th, 10th and 11th. Go to www.lcvillagefair.com for more information.

10. CONSENT AGENDA

Mr. Tad Nelson made a motion to approve Consent Agenda Items A through M.

MOTION: Mr. Tad Nelson

SECOND: Mr. Jim Nelson

VOTE: 7 For

A. Consider and take action on a request seeking a variance of Chapter 42, Section 42-38 of the Noise Ordinance for the 2008 Village Fair (Chief of Police)

Staff recommends approval.

B. Consider and take action on the purchase of 6 mobile radios for the Office of Emergency Management (Director of Public Safety)

These items are budgeted for FY2008.

C. Consider and take action to approve the purchase of the upgrade for the EMS patient data entry system (Director of Public Safety)

This is an approved FY2008 budget item.

D. Consider and take action on acceptance of substantial completion for the Dallas Salmon Wastewater Treatment Plant lift station and headwork improvements (Director of Public Works)

Staff recommends approval.

E. Consider and take action on a Consent to Encroach request by Comcast of Houston, LLC on the City’s Magnolia Bayou drainage right-of-way (Director of Public Works)

Staff recommends approval.

F. Consider and take action on acceptance of a public utility easement on FM270 (Director of Public Works)

Staff recommends approval.

G. Receive Tax Increment Reinvestment Zone Number Three - Centerpointe 2007 Annual Report for fiscal year ending December 31, 2007 (Director of Finance)

Staff recommends Council receive annual report.

H. Consider and take action on approval of adding the Bradshaw Road right-of-way project to the approved 2008 Capital Improvement Project (CIP) list (Director of Finance)

Staff recommends approval.

I. Consider and take action to lease copiers from Digitex Corporation for City Hall (Director of General Services)

Staff recommends approval.

J. Consider and take action on awarding Bid #08-0013 for the Shellside Sanitary Sewer Service Connections (Director of General Service)

Staff recommends awarding the bid to Troy Construction in the amount of $30,800.00.

K. Consider and take action on payment for the rental of Clear Creek Independent School District gyms for the winter youth basketball league program (Director of General Services)

This was specifically approved in the FY08 budget.

L. Consider and take action on Ordinance No. 2008-15 amending Chapter 2, Article V of the Code of Ordinances for the City of League City, Texas entitled Records Management – Second Reading (City Secretary)

Council approved first reading of ordinance 5-0-0 with 2 absent on April 8, 2008.

M. Consider and take action on Ordinance No. 2008-13 regulating peddlers, solicitors and in certain circumstances, canvassers, establishing registration requirements for the peddlers and solicitors, establishing protections for homeowners desiring to avoid peddlers, solicitors and canvassers, regulating handbills and providing penalties for violations – Second Reading (Council Member Samuelson)

Council approved first reading of ordinance 5-0-0 with 2 absent on April 8, 2008.

END OF CONSENT AGENDA

11. OLD BUSINESS

12. NEW BUSINESS

A. Consider and take action on a request to contract with a third party inspection company to perform plan reviews, building inspections and code enforcement inspections if necessary (Director of Land Management)

Staff recommends approval.

Mr. Reed said staff would like to pull this item on advice of City Attorney.

13. FIRST READING OF ORDINANCES

A. Consider and take action on an ordinance amending Chapter 38, Article III, Section 38-101 of the City Code of Ordinances for the City of League City, Texas entitled Fee for City Emergency Medical Service (Director of Public Safety)

Staff recommends approval.

Mr. Jim Nelson made a motion to approve Ordinance No. 2008-18 amending Chapter 38, Article III, Section 38-101 of the City Code of Ordinances for the City of League City, Texas entitled Fee for City Emergency Medical Service.

MOTION: Mr. Jim Nelson

SECOND: Ms. Sanborn

VOTE: 7 For

B. Consider and take action on an ordinance amending Ordinance No. 2007-43 approving the Governmental and Proprietary Funds Budget for Fiscal Year 2007-2008; amending the operating budget to allow for unanticipated costs and expenditures (Director of Finance)

Staff recommends approval.

Mr. Jim Nelson made a motion to approve Ordinance No. 2008-16 amending Ordinance No. 2007-43 approving the Governmental and Proprietary Funds Budget for Fiscal Year 2007-2008; amending the operating budget to allow for unanticipated costs and expenditures.

MOTION: Mr. Jim Nelson

SECOND: Mr. Tim Paulissen

VOTE: 7 For

C. Consider and take action on an ordinance repealing Ordinance 2001-51, thereby exempting from taxation leased vehicles used for personal use (Council Member Sanborn)

Staff makes no recommendation.

Ms. Sanborn made a motion to approve Ordinance No. 2008-17 repealing Ordinance 2001-51, thereby exempting from taxation leased vehicles used for personal use.

MOTION: Ms. Sanborn

SECOND: Mr. Paulissen

VOTE: 7 For

14. TABLED ITEMS SUBJECT TO RECALL

15. ITEMS ADDED AFTER ELECTRONIC AGENDA COMPLETED

16. EXECUTIVE (CLOSED) SESSION (S)

Mayor Shults announced Mr. Foster was not available therefore Agenda Item 16A would be pulled. Mr. Cones asked if Agenda Item 16C could be pulled as he had not returned his information.

At 6:43 p.m. Mayor Shults announced an executive session would be held to discuss Agenda Item 16B.

A. Texas Open Meetings Act, Section 551.074 Government Code – Personnel Matters

Discussion of the employment or appointment of a public officer or employee, to-wit: Associate Municipal Court Judge (Director of Finance)

Mayor Shults announced this will be pulled as Judge Foster was called to the jail and could not be here.

B. Texas Open Meetings Act, Section 551.072 Government Code – Deliberations regarding real property (Director of Public Works)

Discuss an offer to sell and purchase easement rights adjacent to Calder Road from Wat-Penn Developers, LLC (Director of Public Works)

C. Texas Open Meetings Act, Section 551.074 Government Code – Personnel Matters

Annual Performance Evaluation of the City Secretary (Interim Human Resource Manager)

Mr. Cones requested it be pulled due to his evaluations not being turned in.

At 6:51 p.m. Mayor Shults reconvened the regular meeting and announced there was no final action, decision, or vote with regard to any matter considered in the executive session just concluded.

17. ACTION ITEM(S) FROM EXECUTIVE SESSION(S)

A. Consider and take action on the employment or appointment of a public officer or employee, to-wit: Associate Municipal Court Judge (Director of Finance)

Executive session was pulled.

B. Consider and take action on an offer to sell and purchase easement rights adjacent to Calder Road from Wat-Penn Developers, LLC and for the allocation of funds (Director of Public Works)

Mr. Paulissen made a motion to approve up to the amount discussed in executive session an offer to sell and purchase easement rights adjacent to Calder Road from Wat-Penn Developers, LLC and for the allocation of funds.

MOTION: Mr. Paulissen

SECOND: Ms. Sanborn

VOTE: 7 For

C. Consider and take action on the Annual Performance Evaluation of the City Secretary (Interim Human Resource Manager)

Executive session was pulled.

18. ADJOURNMENT

At 6:52 p.m. Mayor Shults said there being no further business this meeting is adjourned.