Loading...
2006-01-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 23, 2006, 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 Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Police Chief J.C. Doyle; Fire Chief Paul Jamison; Assistant Fire Chief Buck Stevens; City Engineer Doug Kneupper; Acting Public Works Director Danny Cameron; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island; Project Director Joe Wertz; Acquisition Manager Al Hague. 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 stated he would like to recognize the individuals in the audience that have filed in the upcoming Primary Election. Stacey Adams stated his name and that he is running for Brazoria County Drainage District No. 4 Position No. 3 in the Republican Primary on March 7, 2006. Mr. Adams thanked Council for their support. Charles Viktorin stated his name and that he is running for Brazoria County Commissioner Precinct No. 2 as a Republican. Mr. Viktorin thanked Council for their support. Mayor Reid stated that there are so many fine employees at the City of Pearland that individuals are not always recognized as much as they should be. A very special employee is being recognized at the meeting tonight. Mayor Reid asked City Manager Bill Eisen to explain the purpose of the recognition and introduce the individual. Page 1 of 13 — 1/2312006 City Manager Bill Eisen stated the Employee Recognition Program has just begun and this is the first employee selected. The program consists of employee nominations that are reviewed by a committee. Every quarter the committee will select an Employee of the Quarter. At the end of four quarters, the committee will select an Employee of the Year. Mr. Eisen introduced Humane Officer Micah Niederhofer as the Employee of the Quarter. Micah made two separate trips to New Orleans to rescue animals trapped by the hurricane. Micah is a leader in his department and is highly regarded by his co- workers in the Animal Control Division and all City of Pearland employees. Micah Niederhofer stated he remembers a meeting where Assistant City Manager Nick Finan told a story about two men at a railroad yard. In the story one of the men chose a job and one of the men chose a career. He expressed that by choosing the City of Pearland as an employer, he has chosen a career. Assistant Fire Chief Buck Stevens updated Council regarding the Citizen Corp Council. Mr. Stevens stated he is present at the meeting to invite the Councilmembers and the community to become involved in the Citizens Corp Council. The Citizens Corp Council is an umbrella over several other programs such as the Citizens Emergency Response Team (CERT), Volunteer and Police Services (YIPS), Fire Corps, and Fire Explorers. The City of Pearland is required to have a Citizens Corp Council because they are receiving Grant Funds for the Citizen Programs. The Citizens Corp Council will help regulated the Grant fund expenditures. COUNCIL ACTIVITY REPORTS Councilmember Tetens, Owens, and Saboe passed on giving a report Mayor Pro -Tem Cole reported he attended a presentation of "Annie Get Your Gun" and that it was very entertaining. He recommended that everyone go to the next presentation at the High School. Councilmember Marcott reported January 20, he attended the Southbelt Ellington Chamber of Commerce Banquet. He attended the event because a Pearland Citizen, Neil West, was honored as their Citizen of the Year. Neil West is a member of the Planning and Zoning Commission. January 21, he attended the International Festival located at Pearland High School. CITY MANAGER'S REPORT City Manager Bill Eisen stated he needed to mention the Employee of the Quarter also receives a small cash prize and has lunch with Mayor Reid and City Manager Bill Eisen. He reported that Winterfest was very successful. The City has received the Certificate of Achievement for Excellence in Financial Reporting for the 25th or 26th consecutive year. The award is given for maintaining a level of excellence in the preparation of financial documents and records. Page 2 of 13 — 1/23/2006 Mayor Reid stated he asked a police officer performing crowd control at the Winterfest approximately how many people attended the festival and was told approximately 10,000 were in attendance. CITIZENS Dorothy M. Conley, 3610 Madison Drive, addressed Council and stated her husband and her have resided in Pearland for approximately 18 months. They have a grandchild that wanted to attend swimming lessons but both her and her husband worked in the city and had no one to transport the child. This event gave her the idea to have a transportation service in Pearland. When renewing her insurance coverage for the 2006 year she discovered coverage that was priced at $20,000 is now $250,000; coverage that was priced at $40,000 is now $1,000,000; and coverage that was $15,000 has increased to $250,000. She stated she does not understand why her rates were increased when the company has good history. Mayor Reid stated that he has referred this issue to City Attorney Darrin Coker. Dorothy M. Conley stated she is unable to get insurance coverage at the current requirements and has been put out of business. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the December 5, 2005, Special Council Meeting held at 7:30 p.m. 2. Minutes of the December 12, 2005, Special Council Meeting held at 6:00 p.m. 3. Minutes of the December 12, 2005, Regular Council Meeting held at 7:00 p.m. 4. Minutes of the December 12, 2005, Regular Council Meeting held at 7:30 p.m. 5. Minutes of the January 16, 2006, Special Council Meeting held at 7:30 p. M. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-810 — 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING APPROXIMATELY 584 ACRES MORE OR LESS, BEING ALL OF MUNICIPAL UTILITY DISTRICT NO. FIVE (MUD 5), INCLUDING CRYSTAL LAKE SUBDIVISION SECTION 1 AND SECTION 2, SOUTHDOWN SUBDIVISION Page 3 of 13 — 1/23/2006 SECTION 1, SECTION 2, SECTION 3, SECTION 4, SECTION 5, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 10, SECTION 11, SECTION 12, AND SECTION 13; 6.270 ACRES IN ABSTRACT 174, JAMES CRAWLEY SURVEY, TRACT 1C; 11.91 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT C; 0.135 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT B; 0.218 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT A-1; 0.298 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT A; 1.049 ACRES IN ABSTRACTS 174, 310, AND 510, SOUTHDOWN COMMERCIAL SUBDIVISION RESERVE B1; 4.010 ACRES IN ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, TRACT 36A; 1.6060 ACRES IN ABSTRACT 310, H. T. & B.R.R. COMPANY SURVEY, TRACT 36 AND TRACT 1132; AND 62.048 ACRES IN ABSTRACT 215, CHAS J HALL SURVEY, TRACT 1,213, 1G, 1H, 11, 1J, AND 1K, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS) (ZONE CHANGE APPLICATION NO. 1250) AS CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2), SINGLE FAMILY DWELLING DISTRICT (R-3), SINGLE FAMILY DWELLING DISTRICT (R-4), NEIGHBORHOOD SERVICE DISTRICT (NS), AND GENERAL BUSINESS DISTRICT (GB), 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, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1238 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Ms. Pat Riffel, Municipal Court Administrator. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-11 - 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 CITY OF LAPORTE FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD WATER PLANT PROJECT. Mr. Bill Eisen, City Manager. Page 4 of 13 - 1/23/2006 F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAINTING AND REHABILITATION SERVICES ASSOCIATED WITH THE ALICE STREET WATER TOWER. Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Item E and F be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F with the exception of items E and F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Marcott, Consent Agenda Item E was removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD WATER PLANT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve R2006-13. City Manager Bill Eisen stated this is a replacement of an existing valve storage tank located at the Magnolia Street well. The tank is a 460,000 gallon tank. The company being proposed to build the tank is Tank Builders and the price of the contract is $264,750. Councilmember Marcott stated he has a few concerns and questions. The Resolution states the building of the tank will begin in February and end in May or June. His concern is that May and June are in the water height consumption time and he would like to know how long the project will take to complete. Page 5 of 13 — 1/23/2006 Acting Public Works Director Danny Cameron stated the contract is a 120 calendar -day contract and they are ready to move within the next week. There are no issues with obtaining steel for the project. The steel will be primed prior to being brought on site. With Southeast 1-9 being located so close to Magnolia and being able to transport 6 million gallons a day instead of 3 million onto FM 521 as of January 2006, the project is expected to be completed within 90 days or June 1, 2006. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Marcott, Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAINTING AND REHABILITATION SERVICES ASSOCIATED WITH THE ALICE STREET WATER TOWER. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve R2006-12. City Manager Bill Eisen stated the contract is for the painting of the overhead water tower located at the Alice Street pump station. Councilmember Marcott asked what the time frame for the completion of the project would be. Acting Public Works Director Danny Cameron stated the contract is a sixty-day contract. The City has one million gallons of ground storage and elevated storage tanks in case of total power loss. With the generators at the plants, almost nine million gallons a day could be produced if all power to the City was lost. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 6 of 13 — 1/23/2006 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2006-5 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF CHARLES VIKTORIN. Mayor Reid. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-5. Mayor Reid asked Charles Viktorin to come to the front and speak Charles Viktorin stated he would like to introduce the two lights of his life, his fiance Dawn Bywaters and his mother Gladys Viktorin. Mayor Reid presented Charles Viktorin with his name -plate, Resolution, R2006-5, recognizing Viktorin's services and contributions and a plaque thanking him for his service as Councilmember to the City of Pearland. Charles Viktorin stated that when he thinks back at how different the City was seven years ago when he first came to City Hall, which led to him being on the Planning and Zoning Board, and then becoming a Councilmember, it is clear the City has experienced explosive growth. He has witnessed the West side of Pearland grow from nothing. He made a promise that he would do his part to make sure Pearland always maintained its small town feel and he feels Pearland has achieved that goal. He takes many lessons with him and hopes he has contributed something back to the city. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 1239 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1239 on its second and final reading. City Manager Bill Eisen stated the Ordinance is a request by Memorial Hermann to begin construction on a building on their property prior to all infrastructure being in place. The item was previously passed on a first reading but Council asked for clarification on specific information with regard to the Fire Marshall being satisfied with the fire prevention and containment measures. Page 7 of 13 — 1/23/2006 Assistant City Manager Nick Finan stated the question was to clearly understand at what point the combustible material would be coming in and what the process would be to ensure that public water would be available for adequate fire protection. A meeting was held with Memorial Hermann and the Fire Marshal. The plans were reviewed and a scheduled was developed by Hermann Memorial to allow City officials to follow the exact timeframe of the project. The plat was approved Monday, January 16. Councilmember Tetens stated he doesn't have a problem with what the hospital is trying to do, but he does have a problem with granting a variance. To grant a variance there must be some type of hardship and it cannot be monetary. If the variance is granted without a hardship present, the City will be obligated to grant all variance requests. His suggestion is that if the variance is granted, then the Ordinance itself needs to be changed. Councilmember Marcott stated he is in agreement with Councilmember Tetens. The hospital located to the north followed all the rules of the Ordinance. Granting the variance will not effect the hospital, but will have a negative effect on the City. He believes it is wrong to grant a variance without a hardship and will vote against the Ordinance. Mayor Pro -Tem Cole asked what legal ramifications are present with granting the requested variance. City Attorney Darrin Coker stated that when the issue was first presented, he advised Council that the legal ramifications to future variance requests would be a concern. Because of this, the Ordinance includes language that makes this situation unique and will limit the legal exposure to future variance requests. Councilmember Owens stated he believes the road was a large concern. Business Center Drive was looked at and the City worked with CBL to get it adjusted. The adjustment took a lot longer than expected to be completed due to delays on CBL's part. He does not feel that granting the variance will open any doors because Council ultimately maintains the control. Discussion ensued between Council and Assistant City Manager Nick Finan regarding the amount of hours worked by City employees to complete the projects. Voting "Aye" Councilmembers Owens, Cole, and Saboe. Voting "No" Tetens and Marcott. Motion Passed 3 to 2. Mayor Pro -Tem Cole thanked the Staff for their efforts in meeting Council requests regarding this Ordinance. Page 8 of 13 — 1/23/2006 COUNCIL ACTION — RESOLUTION NO. R2006-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE BOARD OF DIRECTORS FOR TAX INCREMENT REINVESTMENT ZONE NO. TWO ("TIRZ TWO") TO PREPARE AMENDMENTS TO THE TIRZ TWO DEVELOPMENT AGREEMENT AND PROJECT/FINANCING PLAN TO ALLOW FOR THE ENLARGEMENT OF THE BOUNDARIES OF TIRZ TWO. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-17. City Manager Bill Eisen stated this Resolution is a continuation of a topic from a prior workshop regarding the potential addition of 457 acres to Tax Increment Reinvestment Zone No. 2. The Council indicated their interest in taking the action on January 9. The landowner and the TIRZ attorney are present. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY MORTGAGE REVENUE AND REFUNDING BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-16. City Manager Bill Eisen stated this Resolution is actually an authorization that Council previously approved several years prior. It allows first-time home buyers to take advantage of bonds sold by the Southeast Texas Housing Finance Corporation to help with closing costs. Over the last one -to -two years, approximately thirty-four people have taken advantage of the program in the City of Pearland. Mayor Pro -Tem Cole asked if the program was strictly in Brazoria County or the Pearland Area. City Attorney Darrin Coker stated the program covers various areas in Brazoria County. City Manager Bill Eisen stated it is his understanding that the program spans all over the Houston area. Page 9 of 13 — 1/23/2006 Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-10 — 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 KIRST KOSMOSKI, INC., FOR WASTEWATER SYSTEM MODELING, ANALYSIS AND PLANNING SERVICES. Mr. Joe Wertz, Project Director. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-10. City Manager Bill Eisen stated this Ordinance is the subject of a previous Workshop and asked if Council had any questions rather than conducting another discussion. Councilmember Saboe stated that it is his understanding that the City is reasonably sure that there will be some type of return on this investment. He feels that with the expenditure being just above $300,000, there needs to be a scorecard kept on the return of the investment. Eddie Kirst, Kirst Kosmoski, Inc., stated there is a scorecard on the return of investments that is distributed every six months. Discussion ensued between Council, City Manager Bill Eisen, Project Director Joe Wertz, and Eddie Kirst, Kirst Kosmoski, Inc., regarding the contract. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 3 ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. BN Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-15. City Manager Bill Eisen stated this Resolution is regarding the need for more drainage and sewer service in the area of Dixie Farm Road. Page 10 of 13 — 1/23/2006 Councilmember Marcott asked if the lines go down the back of the houses located at the site. Acting Public Works Director Danny Cameron stated that the lines go down the front of the houses. Councilmember Cole stated that he was asked to come observe the site and it was clear that there was illegal sewage discharge. He is glad to see that the situation is being handled. Councilmember Marcott stated that the two detention ponds contain extremely nasty water. Discussion ensued between Council, City Manager Bill Eisen and Acting Public Works Director Danny Cameron regarding the details of the project. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-14. City Manager Bill Eisen stated this Resolution is for the installation of several water stop -outs that are required by the contract with L&R that were not included in the engineering design of the project. It was discovered at the time that the stop -outs need to be installed or it will be necessary to dig up waterlines at a later date. Two of the stop -outs will be provided at the City's cost and the remaining two are being done at L&R's expense. The total cost of the installation is $42,000 with $21,000 being reimbursed to the City by L&R. Discussion ensued between Council, City Manager Bill Eisen, and Director of Projects Joe Wertz regarding the cost increase. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens Voting "No" None. Motion Passed 5 to 0. Page 11 of 13 — 1/23/2006 FIRST AND ONLY READY OF ORDINANCE NO. 1225-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1225, THE 2005-2006 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (CITY SECRETARY'S OFFICE FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET 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 Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1225-2 on its first and only reading. City Manager Bill Eisen stated this Ordinance is for Council's approval to alter the operating budget to increase staff in the City Secretary's office. City Secretary Young Lorfing stated that Theresa Smith has been working in this position with thirty-two hours a week. She has taken a full-time in IT. With the learning curve for a part-time position and the increase of workload, a full-time position would greatly benefit the Department and the City. Voting "Aye" Councilmembers Saboe, 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 9:25 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. Page 12 of 13 — 1/23/2006 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:37 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Saboe, to appoint Mr. Milan Russell, 5022 West Plum, to the vacancy in slot No. 2 on the Building and Fire Code Board of Adjustment. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:40 p.m. Minutes approved as submitted and/or corrected this the 27th day of February, A.D., 2006. ATTEST: ng L Se tary r 41", Tom Reid Mayor Page 13 of 13 — 1/23/2006 THIS PAGE LEFT BLANK INTENTIONALLY