2005-09-19 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 19, 2005, AT 7:00 P.M., IN THE FIRST
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:16 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Kevin Cole arrived at 7:35 p.m.
Councilmember
Richard Tetens
Councilmember
Woody Owens
Councilmember
Charles Viktorin
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Larry Marcott
Others in attendance: Executive Director of Community Services Nick Finan; Executive
Director of Economic Development Fred Welch; Police Chief J.C. Doyle; Fire Chief Paul
Jamison; Public Works General Superintendent Danny Cameron; Deputy City Attorney
Nghiem Doan; Fire Marshal Steve Chapman; Deputy Fire Marshal John Durham; EMS
Director Jeff Sundseth; Project Director Joe Wertz; Planning Manager of Community
Development Lata Krishnarao and Senior Planner Theresa Grahmann.
PURPOSE OF THE MEETING:
COUNCIL ACTION — RESOLUTION NO. R2005-145 — A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN
THE CITY OF PEARLAND, TEXAS, ON SEPTEMBER 10, 2005. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-145.
Councilmember Tetens read Resolution No, R2005-145 reporting the results of the
Special Election held on Saturday, September 10, 2005. There were 2,496 valid and
legal votes cast for the Proposition:
Authorizing the City of Pearland, Texas to establish a limitation ("tax freeze') of the
amount of ad valorem taxes imposed on the homestead of a person who is disabled or
sixty-five (65) years of age or older and receives a residence homestead exemption, as
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authorized by Article Vlll, Section 1-b (h) of the Texas Constitution, formerly known as
Proposition 13.
For the Proposition 2,278 91.82%
Against the Proposition 203 8.18%
The City Council of the City of Pearland, Texas, thereby officially and affirmatively
declares that the Proposition Authorizing the City of Pearland, Texas to establish a
limitation ("tax freeze") of the amount of ad valorem taxes imposed on the homestead of
a person who is disabled or sixty-five (65) years of age or older and receives a
residence homestead exemption, as authorized by Article VIII, Section 1-b (h) of the
Texas Constitution, formerly known as Proposition 13 is approved.
City Manager Bill Eisen stated there are two items on the agenda relating to the Tax
Freeze. Item No. 1 is a formal acceptance by the City Council of the election results.
Item No. 2 is the formal adoption of the Ordinance that implements the Tax Freeze.
Voting "Aye" Councilmembers Tetens, Cole, Owens, and Viktorin.
Voting "No" None.
Motion Passed 3 to 0, with Councilmember Marcott absent.
Mayor Pro -Tem Cole arrived at 7:35 p.m
FIRST AND ONLY READING OF ORDINANCE NO. 1229 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, OF
CHAPTER 28, "TAXATION" OF THE PEARLAND CODE OF ORDINANCES, BY
ADDING SECTION 28.1.2 RELATING TO AN AD VALOREM TAX FREEZE FOR
RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR 65
YEARS OF AGE OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1229 on its first and only reading.
City Manager Bill Eisen stated this ordinance specifies that persons eligible for the
freeze that paid taxes for the 2005-2006 fiscal year would freeze for any future taxes.
Mayor Pro -Tem Cole stated he was at Parent/Teacher Night at the High School. He
apologized for being tardy.
Voting "Aye" Councilmembers Viktorin, Cole, Owens, and Tetens.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
SECOND AND FINAL 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.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 1226 on its second and final reading and moved that property taxes be
increased by the adoption of a tax rate of $0.674400/$100 valuation.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
SECOND AND FINAL READING OF ORDINANCE NO. 1225 — AN APPROPRIATION
ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2005 AND ADOPTING A BUDGET FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006. Mr. Bill Eisen, City
Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 1225 on its second and final reading.
City Manager Bill Eisen stated this Ordinance provides for the adoption of the City's
fiscal year budget.
Voting "Aye" Councilmembers Viktorin, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. 2005-144 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO DUAL
CERTIFICATION OF THE CEDAR GROVE MOBILE HOME COMMUNITY FOR A
CERTIFICATE OF CONVENIENCE AND NECESSITY (SEWER ONLY). Mr. Bill Eisen,
City Manager.
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Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-144.
City Manager Bill Eisen stated this relates to a mobile home park located in the Extra
Territorial Jurisdiction. This particular location was overlooked when the City obtained
the Certificate of Convenience and Necessity to provide utility service in all areas of the
ETJ. They are asking now for a Certification so that the company that has been
providing the service in this area can begin to charge for the sewer service. The City
would reserve the right to serve the area and the property.
Voting "Aye" Councilmembers Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 3 to 0, with Mayor Pro -Tem Cole and Councilmember Marcott absent
FIRST AND ONLY READING OF ORDINANCE NO. 220-9 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE Il,
RATES AND CHARGES, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO AUTHORIZE THE COLLECTION OF AN ACCOUNT INITIATION FEE;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE UTILITIES
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 220-9 on its first and only reading.
City Manager Bill Eisen stated this Ordinance would adopt a new fee associated with
initiation of the utility service in the City. There would be a $10 connection fee to recover
some of the costs of setting up a utility account. It would only be a one-time fee and
apply only to those persons in the future to set up water and sewer services; it would
not apply to any persons who already have services with the City.
Voting "Aye" Councilmembers Viktorin, Cole, Owens, and Tetens
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
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THE FOLLOWING ITEM WAS CONSIDERED BY COUNCIL PURSUANT TO
SECTION 551.045 (b) 2 OF THE TEXAS OPEN MEETINGS ACT "A REASONABLE
UNFORESEEN SITUATION."
COUNCIL ACTION — REGARDING THE CITY OF PEARLAND'S EMERGENCY
PREPAREDNESS FOR HURRICANE RITA. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
discuss Ordinance No. 1225.
City Manager Bill Eisen gave an update on where the City is in regards to Hurricane
Rita and as of now all information shows that there will be a direct impact on our
area. He stated a meeting was held today at the Emergency Operations Center
with the director and staff and also all of the department heads who play a key roll
in both the actual event of an emergency itself and in the events after. Also, on
September 20, 2005 there will be a meeting at County level of all Emergency
Management personnel to coordinate activities and will continue to take place as
more information is known.
Fire Marshal Steve Chapman gave a brief presentation to show what may happen in the
Pearland area as well as the Galveston area in the event of a Category Five hurricane.
He stated Pearland is not in Zone C; just on the edge of it, which is close to
Friendswood. This presentation and the house preparation information are on the City's
website.
Councilmember Owens stated that if the City distributes any flyers or handouts, it
should be put on official City paper or color coded in a certain way so that the residents
are aware that it is actually from the City of Pearland.
Fire Marshal Steve Chapman stated the City has a subscription to Impact Weather
which monitors the weather 24/7. If there are any updates or changes, Mr. Chapman is
automatically paged with the update.
City Manager Bill Eisen stated that the key staff would be present during the storm.
Councilmember Owens asked when an announcement would be made by the School
District to let residents know when school would be closing and re -opening.
Mayor Reid stated that if anyone has any helpful information, they could talk with the
City Manager.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-140 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
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APPROVING INTERLOCAL AGREEMENT WITH THE PEARLAND INDEPENDENT
SCHOOL DISTRICT. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution R2005-140 on its second and final reading.
City Manager Bill Eisen stated some of this is an on-going informal agreement the City
has had with the School District for a while. This will put the agreement in writing and
make both parties clear on it. The agreement sets aside the Junior High South Campus,
which is on Bailey Road, as a back up Emergency Operation Center. The District
indicated that if the building needed to be a shelter, the Red Cross could make that call.
Also, the School District would make their buses available for those who may not have
other means of transportation. It also indicates the District will make available vacant
tracks of land so that as the clearing is being done, the debris can be dumped on the
vacant sites and picked up later. This would allow the clean up process to be done
quicker.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
ADJOURNMENT
Meeting was adjourned at 8:03 p.m.
Minutes approved as submitted and/or corrected this the 14th day of November , 2005.
ATTEST:
•' � 'Yn # rte
Tom Reid
Mayor
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