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2005-09-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 12, 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 7:50 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Charles Viktorin Bill Eisen Darrin Coker 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; Director of Finance Andrea Gardner; Parks and Recreation Director Rhonda Cyrus; Director of Human Resources and Safety Management Mary Hickling; Public Works Superintendent Danny Cameron; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires; and Senior Planner Theresa Grahmann. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on July 12, he met with Houston -Galveston Area Council (HGAC) Workforce Senior Planner, and with Alan Clark, HGAC Transportation Manager on community solutions for Pearland residents; July 13 attended Pearland Arts League Board of Directors Meeting, and the Adult Reading Center Board of Directors Meeting; July 14 he participated in ribbon cuttings for Castle Dental and Gregg Dance Studio, met with the Parks Board for their monthly board meeting, attended Bay Area Transportation Partnership Meeting regarding the Van Pooling Program, he attended the TxDOT SH 35 Public Meeting; July 15 he presented a Proclamation to an International Group for Abandoned Child and Women Centers; July 18 he attended the Joint Public Hearings, he joined the United Way in presenting checks to the Adult Reading Center and the Neighborhood Center; July 19 he attended HGAC Monthly Board and Directors Meeting, met with CBL Developers; July 20 Mayor Reid attended the Brazoria Country Alliance Monthly Meeting, attended Alliances of Houston Port Region Executive Committee and Board of Directors Meeting, and attended Brazoria Page 1 of 15 — 09/12/2005 County Cities Association Monthly Meeting; July 21 he attended Chamber Leadership Council, met with Gulf Coast Water Authority Board of Directors; attended a Pearland Independent School District Bond Issue Meeting; July 22 he attended the HGAC Transportation Policy Council Board of Directors Meeting; July 23 cut the Ribbon for Ivy Kids Day Care Facility; and on July 25 he attended Pearland Economic Development Corporation Monthly Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Councilmember Tetens stated he had nothing to add Councilmember Owens stated he and Councilmember Marcott received an invitation to Fuddruckers to help train the new employees. Mayor Pro -Tem Cole stated he had nothing to add. Councilmember Marcott stated he was talking with a family member of an accident victim, which resulted in a fatality. The individual stated he was a police officer for 30 years and applauded the City of Pearland Police and EMS for the excellent job they do. He mentioned Police Officer Jones who was off duty and still helped and did his job. Saturday Evening he attended the Women in Leadership affair where money was donated for a backyard playhouse. The money goes towards women needing to build a house. Councilmember Viktorin passed on his report. CITY MANAGER'S REPORT City Manager Bill Eisen reported there are at least 605 individuals who were displaced by Hurricane Katrina. A few weeks ago the Emergency Management Department began operating the Emergency Operations Center all day and night including weekends. He acknowledged Emergency Management, Parks and Recreation, Police, Public Affairs, Finance, Administration, Pearland Independent School District, Veterans of Foreign War, Methodist Church, Senior Center, United Way, many other churches, restaurants, City employees, and all others that have done extraordinary work over the past few weeks assisting with Hurricane Katrina evacuees. He reported there was an election September 10, 2005, regarding a freeze on property tax for those that are 65, older, or disabled. The results were out of 2,481 votes, 2,278 were in favor of the freeze and 203 opposed it. CITIZENS Richard Keschinger, 2011 Sleepy Hollow Dr, addressed Council and stated he is aware that for three months nothing has happened on Yost Road. Three months ago, in June Page 2 of 15 — 09/12/2005 he reported to Council his same concerns. Mr. Keschinger stated he was told within 120 days Yost would possibly by completed. In the newspaper it also states the same thing. On June 30 the Pearland website stated if you have any questions or concerns about Yost Road to contact the Project Manager. He stated there was no response from the assigned Project Manager. There is nothing on the website about Yost Road. Michael Klaus, 5016 Groveton, addressed Council and stated he is a member of the Corrigan Communications Committee. There was no reason to change this plan. He stated he would like to see the plan that includes confidence intervals; also something showing the City of Pearland has reviewed drainage requirements for the area. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 25, 2005, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-137 — 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 TRAFFIC PREEMPTION EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to adopt Consent Agenda Items A through B with the exception of Item B, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Marcott, Consent Agenda Item B was removed from the Consent Agenda for further discussion. Page 3 of 15 — 09/12/2005 B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-137 — 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 TRAFFIC PREEMPTION EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-137. City Manager Bill Eisen stated the bid price through the Houston -Galveston Area Council is $85,122. The 14 specific locations are outlined in the material. Councilmember Marcott stated this work is needed. It is important for the Police Department, Fire Department and EMS to go through a traffic light in an emergency. He asked for a timeline. City Manager Bill Eisen stated the work will be done by a contractor that is approved by TxDOT and will be scheduled as soon as possible. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with Council concurrence moved to New Business Item No. 7. FIRST READING OF ORDINANCE NO. 1227 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 75.5396 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1227 on its first reading. City Manager Bill Eisen stated Council is aware, from having considered previous issues of this type, that when an In -City Municipal Utility District (MUD) requests to annex its property into the district, it is necessary for Council to grant consent to do so. Certain In -City MUD have a standard $.015 tax rate reimbursement where others have a declining reimbursement that as the tax rate and MUD rate go down so does the City's reimbursement. Page 4 of 15 — 09/12/2005 Councilmember Marcott stated he is concerned that in Municipal Utility District No. 17 the developer is looking at general business and commercial zoning. Currently it is zoned R2. City Attorney Darrin Coker stated the map shows it is zoned to be General Business. If that was incorrect, the developer would need to correct the map. Councilmember Owens asked if this would cap the Municipal Utility District at 770 acres. City Manager Bill Eisen stated yes it would be capped at 770 acres. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-795 — 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 A 4.9292 ACRE TRACT OF LAND BEING OUT OF AND A PART OF LOT 58 AND 57 OF FIGLAND ORCHARD SUBDIVISION, A SUBDIVISION OUT OF SECTION 13 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, ACCORDING TO THE MAP OR PLAT OF SAME BEING RECORDED IN VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND SOUTH OF FIGLAND STREET) (SPECIFIC USE PERMIT APPLICATION NO. 151) FOR A CHANGE FROM LIGHT INDUSTRIAL DISTRICT (M-1) TO A SPECIFIC USE PERMIT FOR "COMMERCIAL RADIO OR TELEVISION OR MICROWAVE TOWER" IN THE LIGHT INDUSTRIAL DISTRICT (M -1(S)), AT THE REQUEST OF VOICE STREAM HOUSTON, INC., APPLICANT FOR RANDY A. AND CONNIE L. LANGE, 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. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-795 on its first reading. Page 5 of 15 — 09/12/2005 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 151. City Manager Bill Eisen stated the proposed tower is said to be 120 feet tall and is located about 600 feet east of Harkey Road. The Planning and Zoning Commission has placed stipulations on the recommendation for approval. Shawn St. John, 8515 Old Quarry Drive, addressed Council and stated T -Mobile is more than happy to comply with any requirements. He is open to any options including a masonry fence and setback requirements are not a problem. He asked for Councils approval and is available for questions. Mayor Pro -Tem Cole asked what discussion took place in the Planning and Zoning Meeting to require a 10 -foot masonry fence that will cover a 120 -foot cell phone tower. Executive Director of Community Services Nick Finan stated they have control boxes and equipment below the tower and other items that need to be screened. The fence will also draw away from any residential zones in the area. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-796 — 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 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES, OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT 881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME 2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1238) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR Page 6 of 15 — 09/12/2005 PEARLAND LIFESTYLE CENTER, L.P., 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. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-796 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. 1238. City Manager Bill Eisen stated this is a Lifestyle Center Planned Development at the Southwest corner of Beltway 8 and SH 288. There were several issues regarding the building facade and how it may vary from the standard one hundred percent masonry and glass requirements; also how the Farmers Market in the Spectrum Project would be addressed. Mr. Eisen stated there has been additional work in both of the areas mentioned. Executive Director of Community Services Nick Finan stated that as far as the Farmers Market, all the requirements have been met. They are in the process of working on Health Codes that will allow for the market. The Spectrum will need to have some right and left turn lanes, as far as additional lanes. The only issue left for Council is the fascade on the buildings. Councilmember Marcott asked if the City would be prohibiting tilt wall concrete panels, because he feels they should stay. Executive Director of Community Services Nick Finan stated the City would not prohibit tilt wall construction. Kerry Gilbert with Kerry Gilbert and Associates, Inc. stated they have struggled with the issue from day one because the Lifestyle Center is unique. Since they have about seven or eight other centers. It makes it easier to show an idea of what they want to do. They are asking for a lot more flexibility. Mr. Gilbert stated they do not have buildings that are one hundred percent stainless steel, or wood. This is what makes their buildings unique from others. In the pictures that were provided there were many materials shown that they would like to use. He is not sure how much more flexible they can get with architectural materials. He asked that the City let them design their project with their own style. Councilmember Owens stated he thinks they should be able to design the project how they are used to. Also, it needs to be nice and attractive because not just Pearland residents will be visiting the Center. Anything to make it something different or set it off Page 7 of 15 — 09/12/2005 would be worth it. Mayor Pro -Tem Cole added that if metal is used, corrugated metal should be allowed. Kerry Gilbert stated it is a part of the architectural neatness of the buildings to use different materials. Councilmember Viktorin stated he is open to giving the developers architectural freedom to make a nice product. Brief discussion ensued between Council and Executive Director of Community Services, Nick Finan regarding the project. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1226 — AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2005, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager.6 Councilmember Tetens made the motion that property taxes be increased by the adoption of a tax rate of $0.674400/$100 valuation, seconded by Councilmember Owens, to approve Ordinance No. 1226 on its first reading. City Manager Bill Eisen stated the motion that Councilmember Tetens just made was required by the State Statue passed by the State Legislature this year. The body of the Ordinance also refers this tax rate will raise more taxes for maintenance and operation, than last years tax rate. The tax rate will raise taxes for maintenance and operations on a $100,000 home by $6.58. It is possible that in an event that someone's property value would raise, that they would see an increase. It is not true that everyone will receive the $6.58 increase. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 8 of 15 — 09/12/2005 FIRST READING OF ORDINANCE NO. 1225 — AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1225 on its first reading. City Manager Bill Eisen stated this item adopts the proposed budget for the upcoming year and also included in this Ordinance is the adoption of the revised budget for the current fiscal year. One thing different this year, is that each operating fund for the proposed budget is listed. Mayor Reid presented City Manager Bill Eisen and Director of Finance Andrea Gardner a distinguished budget presentation award that was presented to the City of Pearland. City Manager Bill Eisen stated the Government Finance Officers Association present two awards a year for finance reporting. One is for the actual audit statement issued at the end of the fiscal year, and the other is for distinguished budget presentation. This particular award is being received by the Finance Department. Also, the certificate for excellence in financial reporting is the other document being received by the City. This is another indication of the quality work being done by Ms. Gardner and her staff. Director of Finance Andrea Gardner stated although she is receiving the award, there are many others that made it happen. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-142 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FINANCIAL ADVISORY AGREEMENT WITH RBC DAIN RAUSCHER, INC. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-142. City Manager Bill Eisen stated the Council asked earlier in the year that the City advertise for a proposal for Financial Advisory Services. The City sent out a request for proposals to five firms and all five firms submitted proposals. Out of the five firms that submitted proposals, two have been eliminated. Three firms were interviewed and based on the interviews all three have great qualifications. Each firm had only lost one Page 9 of 15 — 09/12/2005 client in the last year. It is Staff's recommendation to enter into a three-year agreement with Dain Rauscher for two reasons; one, they already have knowledge of the City's finances and debt structure, and two they are the lowest proposed fee structure. Mayor Reid stated the City should have a long-term relationship with their Financial Advisor. The Financial Advisor needs to know about the City and what they have accomplished. He stated the City has benefited from having Mr. Ildebrando, from Dain Rauscher; work with the City as Financial Advisor. Councilmember Marcott stated he used to sit in the audience as a citizen and has learned what Mr. Ildebrando does and would like to continue supporting him. Councilmember Owens stated it was his idea to re advertise for a new Financial Advisor. He did not have a problem with what Mr. Ildebrando was doing for the City. He stated when the City has a contract that goes for 10 years or so it does not leave it open to look at other firms and see what is out there to make sure the City is still using the public's money wisely. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0 FIRST READING OF ORDINANCE NO. 1023-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "B" OF ORDINANCE NO. 1023 AS IT APPLIES TO PARK DEDICATION FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Ms. Rhonda Cyrus, Parks and Recreation Director. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1023-2 on its first reading, as amended. City Manager Bill Eisen stated this item relates to a change in the Parkland Dedication Ordinance fee for payment in lieu of the dedication. The proposal, as of now, is to increase the amount of the fee per house from $350 to $550 per unit. Parks and Recreation Director Rhonda Cyrus stated as soon as the Parks Master Plan is adopted, a feasibility study would be done to look at the fair market value of all of the property and the assets the City has. Councilmember Owens stated he thinks the fee should be in the $750 to $800 range, rather than $550. He would rather see more money put into bigger parks rather than Page 10 of 15 — 09/12/2005 more little parks. Councilmember Marcott asked Councilmember Owens what he thought the size of a park should be. Councilmember Owens stated that it would depend on the location of the park. Councilmember Tetens stated he supports Councilmember Owens recommendation of the $750 or $800. He recommends that the one -acre per every one hundred lots be changed to one -acre every fifty lots. Councilmember Viktorin stated someone who will have to pay this fee might not be able to handle the fee doubling. City Attorney Darrin Coker stated the fee of $350 has been in effect for about four years. It should be safe to go up to $750; any higher amount should wait until the City has further analysis done on market values. He recommends not going any higher than $750 as of now. Councilmember Owens made the motion, seconded by Councilmember Tetens, to amend the parks dedication fees to $750. Voting "Aye" Councilmembers Tetens, Owens, and Marcott. Voting "No" Councilmembers Cole and Viktorin. Motion Passed 3 to 2. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, and Marcott. Voting "No" Councilmembers Cole and Viktorin Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2005-141 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 OF APPROXIMATELY 48.9467 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-141. Page 11 of 15 — 09/12/2005 Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING MEMORANDUM OF UNDERSTANDING WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT. Mr. Steve Chapman, Fire Marshal. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2005-134 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 4 OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-134 as amended. City Manager Bill Eisen stated that at a recent budget workshop the issue of the current vacation provision, that allows three weeks of vacation for an employee after serving one year of employment, was asked to be revised. A review of surrounding cities showed after one year of service two weeks vacation are earned and then after the completion of the sixth year, an employee would receive three weeks. This change would apply to all new personnel hired after the ordinance goes into effect. All personnel hired under the previous provision will still receive the same benefits and all new hires will follow under the new provision. Councilmember Marcott stated that he knows a number of surrounding cities that allow one week of vacation after six months of service, which may be something for the City to consider. Councilmember Owens questioned how vacation time is earned, Mr. Eisen stated it is earned every month but cannot be used until after the first year of employment is completed. Councilmember Marcott made the motion, seconded by Councilmember Owens to amend the motion to include one week of vacation to be available to employees after six months of service. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Page 12 of 15 — 09/12/2005 Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, and Marcott. Voting "No" Councilmembers Cole and Viktorin Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-139 — 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 FOR ROAD MAINTENANCE AND REPAIR. Mr. Jerry Burns, Public Works Director. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-139. City Manager Bill Eisen stated this is a standard annual agreement that the City entered into with Brazoria County for occasions when they assist the City with street overlays or other type of work. The City supplies the material and manpower for traffic control and the County supplies the manpower for the work. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1228 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TEMPORARILY SUSPENDING THE IMPOSITION OF THE CITY'S HOTEL OCCUPANCY TAX FOR THE RESIDENTS OF LOUISIANA, ALABAMA, AND MISSISSIPPI THAT HAVE BEEN DISPLACED BY HURRICANE KATRINA. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1228. City Manager Bill Eisen stated that there are a number of evacuees in Pearland as a result of Hurricane Katrina. The State has approved an exemption from State Hotel and Motel Taxes for evacuees who are staying in hotels and motels. The local tax now is seven percent. Page 13 of 15 — 09/12/2005 Mayor Pro -Tem Cole questioned how and what monitoring would be done to ensure that only the evacuees would be given this exemption and it not just be given to anyone staying at the local hotels/motels. City Attorney Darrin Coker stated there is no monitoring in place and it would be hard to do so. The exemption is for the next 60 days. City Manager Bill Eisen also stated that there would be audits and spot checks done during this period. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:54 p.m. to discuss the following: 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 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY— REGARDING LAND DEVELOPMENT. Mr. Bill Eisen, City Manager. Council returned from Executive Session at 11:07 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No action taken by Council COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council Page 14 of 15 — 09/12/2005 COUNCIL ACTION — REGARDING LAND DEVELOPMENT. City Council No action taken by Council ADJOURNMENT Meeting was adjourned at 11:08 p.m. Minutes approved as submitted and/or corrected this the 14th day of vember 14i11A ATTEST: •_ , �= r 1, Tom Reid Mayor Page 15 of 15 — 09/12/2005 THIS PAGE LEFT BLANK INTENTIONALLY