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2005-08-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:03 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Kevin Cole Councilmember Richard Tetens Councilmember Woody Owens arrived at 9:25 p.m. Councilmember Larry Marcott Councilmember Charles Viktorin City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Project Director Joe Wertz; and Office Coordinator Shannon Seale. The invocation was given by Mayor Pro -Tem Kevin Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid announced that Councilmember Owens will be joining Council later in the evening. Mayor Reid reported on August 9 he met with a citizens group opposed to raised medians on SH 35, met with Dr. Albright, Doyle Swindell, and Mike Pyburn regarding Alvin Campus to be located in Shadow Creek Ranch, he also attended the Council and Parks Board Workshop; August 10 he met with Pearland Arts League Board of Directors and Adult Reading Center Board of Directors; August 11 he joined with the Parks Board on a tour of the Towne of Woodlands Facilities, he attended the ribbon cutting ceremony for Dr. Bui's new office, and attended the Council Workshop on the Unified Development Code; August 12 he attended the Chamber before Business Breakfast and Alliance of Brazoria County Reception for Congressman Tom DeLay; August 13 he attended a community reception for Congressman Tom DeLay; August 14 he attended a Chamber ribbon cutting for Peace Presbyterian Church; August 15 he attended an Agenda Meeting, Council and Planning & Zoning Public Hearings, he attended Alliance Houston Port Region Meeting Legislative Breakfast; August 16 he attended the HGAC Board of Directors Meeting, met with Parks and Recreation Staff, Rhonda Cyrus and Michelle Dunn to discuss Christmas decorations, he attended Page 1 of 13 — 8/22/2005 TxDOT South Highway 35 Corridor Study Public Hearing; August 17 he attended the Chamber Monthly Luncheon, Alliance Houston Port Region, and Executive and Board meetings, Brazoria County Economic Alliance Reception for Jeff Mosley, New Executive of the Houston Partnership; August 19 he attended the Chamber Leadership Council, met with two developers on Plan for Pearland, Chamber ribbon cutting for Westside Event Center; August 19 City he toured the City with City Manager Bill Eisen; August 21 he attended special church event with Reverend Joel Gutierrez. COUNCIL ACTIVITY REPORTS Councilmember Tetens stated he had nothing to add Councilmember Owens absent from the Council Chamber and is expected later in the evening. Mayor Pro -Tem Cole reported on August 17 he attended the TxDOT 35 Corridor Study Meeting in Alvin; August 20 he attended the Pearland Football Touch Down Club Meeting along with Councilmember Marcott. He stated it is a new football season and encouraged everyone to attend the games. Councilmember Marcott reported he attended a reception for Congressman Tom DeLay at Golfcrest Country Club for a presentation on the Chemical Industry Study that Congressman DeLay helped secure funding for; he attended the Greater Houston Partnership reception for Jeff Mosley on August 17; he attended SH 35 Meeting in Houston on August 16. Councilmember Viktorin reminded everyone about the Pearland Neighborhood Center Big Gala Event on August 26. CITY MANAGER'S REPORT City Manager Bill Eisen reported on upcoming meetings for the Unified Development Code scheduled for Tuesday, August 23 and Tuesday, August 30, to be held at 6:30 p.m. in the Council Chamber. He also reported there will be a workshop regarding the Old Town Site Study scheduled for Tuesday, September 13 at 6:00 p.m. CITIZENS Gary Lucas, 2822 Piper Road, addressed Council and stated he is concerned about the serious traffic and speeding problem on Piper Road. He stated he spoke with Councilmember Viktorin and Mayor Pro -Tem Cole during the break and found out that there is a petition to put in speed bumps. Mr. Lucas stated the Police Department is doing a good job, but they are needed out there more. Page 2 of 13 — 8/22/2005 Michael Klaus, 5016 Groveton, addressed Council regarding the Corrigan project and stated his concern there has not been any progress for the past four weeks. He is also concerned that a Councilmember that was appointed to work with the subcommittee on the drainage project was not notified of a meeting by city staff. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 11, 2005, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-791 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 6, BLOCK 4, OF GARDEN ACRES SUBDIVISION, SECTION 2, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2627 LAZY BEND STREET) (ZONE CHANGE APPLICATION NO. 1237) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WALLACE AND EDITH LONGORIA, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-792 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.989 ACRES OF LAND, LOT 33, SECTION 10, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 84, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MAX ROAD, AND SOUTH OF BROOKSIDE ROAD) (ZONE CHANGE APPLICATION NO. 1235 AND SPECIFIC USE PERMIT APPLICATION NO. 148) FROM CLASSIFICATION Page 3 of 13 — 8/22/2005 SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E), AND APPROVAL OF A SPECIFIC USE PERMIT FOR A CHURCH (R-E(S)), AT THE REQUEST OF SOVEREIGN GRACE CHURCH, APPLICANT FOR DR. TED CLEAVES, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-793 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 10.00 ACRES IN THE J.S. TALMAGE SURVEY, ABSTRACT 564, AND BEING A PART OF LOT 36 OF THE ALLLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF COUNTY ROAD 59, AND WEST OF FUTURE KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 1236 AND SPECIFIC USE PERMIT APPLICATION NO. 149) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1), AND APPROVAL OF A SPECIFIC USE PERMIT FOR A CHURCH (R - 1(S)), AT THE REQUEST OF SHEPHERD OF THE HEART METHODIST, APPLICANT FOR ANH HO AND ARLIN HARWELL, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2005-132 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING AN ALTERNATE PRESIDING JUDGE FOR THE SPECIAL ELECTION TO BE HELD ON SEPTEMBER 10, 2005. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SOUTHERN TRAILS PHASE 1 SECTION 3. Mr. Doug Kneupper, City Engineer. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to adopt Consent Agenda Items A through F, as presented on the Consent Agenda. Page 4 of 13 — 8/22/2005 Voting "Aye" Councilmembers Viktorin, Marcott, Cole, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid, with concurrence of Council moved to New Business Item No. 7 COUNCIL ACTION — REGARDING THE AUTHORIZATION OF THE PLACEMENT OF A MONUMENT IN A CITY PARK BY LEADERSHIP PEARLAND — CLASS OF 2005 HONORING MILITARY PERSONNEL FROM PEARLAND WHO HAVE LOST THEIR LIFE IN MILITARY ACTION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to authorize the placement of a monument in a City Park by the Leadership Pearland — Class of 2005 honoring military personnel from Pearland who have lost their life in military action. Henry Stanaland, Sherrell Littrell and Keith Ordeneaux presented, on behalf of the Pearland Chamber Leadership Class 2005, a request to place a war memorial at Zychlinski Park, provided a drawing of the memorial, and requested placement of the memorial in the park. The group has secured the funding for the monument. Councilmember Viktorin read the wording on the monument written by Henry Stanaland and Sherrell Littrell: It is not the preacher who has given us the freedom of religion. It is not the reporter who has given us freedom of the press. It is not the poet who has given us freedom of speech. It is not the campus organizer who has given us the freedom to demonstrate. It is not the lawyer who has given us the right to a fair trial. It is not the politician who has given us the right to vote It is the American soldier who salutes the flag, who serves under the flag, and whose coffin is draped by the flag. These heros paid the ultimate sacrifice protecting our freedom. Councilmember Marcott commended the group for their efforts. Mayor Reid stated he was not surprised at how far along the group is on this project with the quality of their members. Page 5 of 13 — 8/22/2005 Mayor Pro -Tem Cole commended the Leadership Pearland — Class 2005 for securing their own funding through donations. He suggested that the City plant a tree in the memory of Billy Miller, a Pearland resident who lost his life in Iraq, and the dedication of the tree at the same time the memorial is dedicated on Veterans Day this year. Discussion ensued between Council and City Attorney Darrin Coker regarding the legality of such a memorial being placed in a City Park. Mr. Coker stated that it would be permissible. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid, with concurrence of Council moved back to New Business Item No. 1 COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-789. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to remove Ordinance No. 509-789 from the table. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-789 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.0413 ACRES OF LAND OUT OF LOT 22, SECTION 8, ABSTRACT 504, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2633 ROY ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 146) FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY AND TRANSMITTING EQUIPMENT, IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF EDWARDS AND KELCEY, APPLICANT FOR SOUTHWESTERN BELL COMMUNICATIONS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 6 of 13 — 8/22/2005 PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-789 (Application No. 146) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 146 City Manager Bill Eisen stated staff will discuss the proposed zoning with SBC before the next regular meeting. Michael Klaus, 5016 Groveton, addressed Council and stated his concerns regarding the City and dealing with SBC. He suggested that Staff speak to someone in senior management that could make a commitment for SBC. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, and Tetens. Voting "No" None. Motion Passed 4 to 0, Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. 2005-133 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, EXPRESSING OPPOSITION TO THE CONSTRUCTION OF RAISED MEDIANS FOR THE STATE HIGHWAY 35 WIDENING PROJECT. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-133. City Manager Bill Eisen stated TxDOT has been considering the widening of SH 35 since the late 1990's, with the addition of raised medians. Due to the concerns of the business community in the City and the safety concerns of having a continuous left turn, a petition was submitted that has been signed by a number of individuals in the City voicing their concerns about the raised medians. Michael Klaus, 5016 Groveton, addressed Council and stated he is concerned how the widening project will affect the City and how the State has been trying to do something with SH 35 in excess of 40 years and they still do not know what the plans are with Pearland concerning the widening project. Matthew O'Neill, 2024 N. Galveston Avenue, addressed Council and stated he is opposed to placing medians on SH 35. Mr. O'Neill and stated his reasons for his opposition. Page 7 of 13 — 8/22/2005 Councilmember Tetens stated in the past, when the medians were first addressed, the business people were against having medians and the State Highway Department said that if Pearland wanted medians then the City would have to pay for them at which time the City declined. Now, the State Highway Department recommends the medians because they feel that having them would be safer. He stated that if the medians were to save one life, then having them would be worth it. Mayor Pro -Tem Cole stated, in 1998, he worked with the Chamber and the businesses along SH 35 showing them the layout and right-of-way. There were well over 40 businesses being represented and every business at the time was opposed to having raised medians. A recent meeting with local residents has revealed that TxDOT is telling the citizens that the City is requesting these medians and that raises a concern with him. Councilmember Marcott stated his concerns with having the center medians and he can see both sides of having the medians and not having the medians. He does not believe that the entire road should have the raised medians. Councilmember Viktorin stated his opinion is consistent with the FM 518 study which was proposed to have raised medians but does not believe that the TxDOT has made their case clear in dramatically increasing safety on SH 35, and will vote against it. Carol Artz, Executive Director Chamber of Commerce, stated she thinks the City will do whatever is necessary keeping the businesses in mind and knows that the Council will make the right decision. Mayor Pro -Tem Cole reiterated the resolution is in opposition to installing medians. Additional discussion ensued between Mayor Reid and Council members about the safety concerns on SH 35. Voting "Aye" Councilmembers Cole, Marcott, and Viktorin. Voting "No" Councilmember Tetens. Motion Passed 3 to 1, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO 2005-131 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING HEALTH INSURANCE RENEWAL RATES FOR CIGNA HEALTHCARE. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2005-131. Page 8 of 13 — 8/22/2005 City Manager Bill Eisen stated the rates for healthcare insurance will be staying the same as the current year and recommended the renewal of the contracts. This is the second year in a row that the City's insurance rates did not increase. Mayor Pro -Tem Cole stated he will be abstaining from voting because he is the agent of record for both Prudential Life AD&D as well as the LTD, and Cigna. He also wanted to make the correction that the long-term disability renewal has not come in yet but he has called to find out when this information would be received. He reported that the Prudential AD&D renewal also comes with a two-year rate guarantee. Councilmember Tetens stated, in this day and age with the rates staying the same, the City should be commended. Voting "Aye" Councilmembers Viktorin, Marcott, and Tetens. Voting "Abstain" Councilmember Cole Voting "No" None. Motion Passed 3 to 0, with one abstention and Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. 2005-130 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LJA ENGINEERING & SURVEYING, FOR ENGINEERING SERVICES ASSOCIATED WITH EVALUATION OF THE SUB -REGIONAL STORM WATER DETENTION NEEDS FOR THE SPECTRUM/PROMENADE AREA. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-130. City Manager Bill Eisen stated a contract is being provided for engineering services to evaluate detention for the surrounding properties. At the time when this concept was first presented to Council there was not adequate information to move forward with the contract and it was tabled. Mayor Pro -Tem Cole asked if this would replace any on-site detention and would business owners need to buy in to this. He also stated if you had property out there, you could use 100% and not have to give up 10-25% for detention this would make your land more valuable to not only the owner but also whoever would buy it since they could utilize the whole space. He asked how many acres this would affect, would it only be approximately the 300 acres. Mayor Pro -Tem Cole asked if L&R would be providing their own detention, which the City Manager replied that yes they were. Page 9 of 13 — 8/22/2005 Councilmember Marcott stated that there is nothing in the contract stating how long the work would take to complete, Doug Kneupper stated that the contract would take 10 weeks from notice to proceed. Allen Mueller, LJA Engineering, stated that the Promenade Project would be moving forward and the detention would be needed now before the construction starts in the first quarter of this next year. Once the construction is under way, it would cost more to go back and build a separate system. Also he introduced Bob Barton, an Engineer with LJA who will actually be performing the study and can answer any technical questions. Additional discussion ensued between Council and Allen Mueller concerning the detention for the property. Councilmember Owens arrived at 9:25 pm. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2005-117 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker City Attorney and Mr. Fred Welch Executive Director Pearland Economic Development Corporation. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-117. City Manager Bill Eisen stated State Law allows local governments and local taxing jurisdictions to grant tax abatements. Every few years the City has to readopt those regulations. These are pretty much the same guidelines as previous years with some exceptions and those are, that the City will have specific standards that come closer to conforming to Harris County standards in the areas of research development. Page 10 of 13 — 8/22/2005 Councilmember Marcott stated some of the wording in the Resolution is not correct and is confusing to understand such as in items "N" and "O". Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2005-129 — 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 THE PEARLAND INDEPENDENT SCHOOL DISTRICT FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAM. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-129. City Manager Bill Eisen stated for some time the City and the School District have worked together. The School District funds the School Resource Officer Program that provides officers to secondary schools. There was no previous formal agreement and the auditors this last year suggested that the City enter in to a formal agreement with Pearland Independent School District. Mr. Eisen reported on two changes which include; Item No. 2 and the supplemental expenses in which they have agreed upon a 3% increase per year; in Item No. 5 stating if the agreement is terminated with the 90 day written notice by either party, the City will be paid for any services provided up to the point of termination and will have that wording put into the contract. Councilmember Marcott asked if there would be a backup plan if the contract was terminated. Chief of Police, J.C. Doyle stated that the cost of the officers is already in the Police budget and the money is expended so there is no chance of those officers not receiving a paycheck. At the end of the school year, the Police Department bills the School District at which time the City is reimbursed for the year. Mayor Pro -Tem Cole stated he would think if the School District decided to terminate the contract, the City would just absorb those officers into our existing force and not hire additional officers. He asked how many School Resource Officers are on the force now. Police Chief J.C. Doyle stated there are 12 School Resource Officers and will eventually would like to have more. He also stated, during the summer months, the Police Department incorporates the officers back into the Department. This summer they Page 11 of 13 — 8/22/2005 utilized them in the "hot spot unit" and kept them together as a team and deployed them to certain crime areas hand surveillances, as needed, and they were very successful. Additional discussion ensued between Council and Chief Doyle concerning the types of issues that come up at the schools. Chief Doyle stated they have had no major instances so far this school year. Also, he mentioned Teen Court which they are thinking of starting up again this year. It will give the good kids caught in a bad situation a second chance and will be a benefit to the students and the community. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Mayor Reid announced that the Executive Session will be postponed to a future meeting. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ZONING REGULATIONS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No Council Action taken. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ZONING REGULATIONS. City Council. No Council Action taken. Page 12 of 13 — 8/22/2005 ADJOURNMENT Meeting was adjourned at 9:51 p.m. Minutes approved as submitted and/or corrected this the 10th day of October, A.D., 2005. ATTEST: 7W.'�111IN-1.041 I. %�%�/� IF, ' Tom Reid Mayor Page 13 of 13 — 8/22/2005 THIS PAGE LEFT BLANK INTENTIONALLY