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City Council |
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Agenda Request |
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Agenda Of: |
October 17, 2006 |
Agenda Request
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III M |
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Initiated By: |
Glenda
Gundermann, City Secretary |
Responsible
Department: |
City Secretary |
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Presented By: |
Glenda
Gundermann, City Secretary |
Department
Head: |
Glenda
Gundermann, City Secretary |
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Additional
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N/A |
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Subject /
Proceeding: |
Minutes City
Council Meeting october 03, 2006 Approve Minutes |
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Exhibits: |
Minutes October
03, 2006 |
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Clearances |
Approval |
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Legal: |
N/A |
Executive
Director: |
N/A |
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Purchasing: |
N/A |
Asst. City
Manager: |
N/A |
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Budget: |
N/A |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
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Amount
Budgeted/Reallocation: $ |
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Additional
Appropriation: $ |
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Recommended
Action |
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Approve the minutes
of the City Council meeting October 03, 2006. |
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Exhibits |
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STATE OF TEXAS |
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COUNTY OF FORT BEND |
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CITY OF SUGAR LAND |
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CITY OF SUGAR LAND
CITY COUNCIL REGULAR MEETING
tuesday, october 03, 2006
REGULAR MEETING
The City Council of the City of Sugar Land convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Tuesday, October 03, 2006 at 5:38 o'clock p.m. and the roll was called of the members; to wit:
David G. Wallace, Mayor
Thomas Abraham, Council Member at Large, Position One
Daniel O. Wong, Council Member at Large, Position Two
Dennis C. Parmer, Council Member District One
M. Cyril Hosley, Council Member District Two
Russell C. Jones, Council Member District Three
Michael S. Schiff, Council Member District Four
QUORUM PRESENT
All of said members were present.
Also present were:
Allen Bogard, City Manager
Glenda Gundermann, City Secretary
Joe Morris, City Attorney, and
A Number of Visitors
CONVENE MEETING
Mayor David Wallace convened the session, open to the public, to order at 5:38 o’clock p.m.
INVOCATION
Council Member Dennis Parmer delivered the invocation.
PLEDGE OF ALLEGIANCE
Council Member Dennis Parmer led the pledge of allegiance to the Flag of the United States of America.
RECOGNITIONS
LITERACY AWARENESS MONTH
Mayor David Wallace presented Ms. Lisa Paul, Executive Director, Literacy Council of Fort Bend County, with a proclamation for the council’s efforts to eliminate illiteracy in Fort Bend County. The national average on Americans who cannot read is approximately 20%.
Ms. Paul commented on how critical the issue is due to the affects it has on individual lives such as; the inability to read prescriptions, fill out a job application or read street signs. The month of October focuses on illiteracy and the community is encouraged to provide support and make a difference.
BOARDS AND COMMISSIONS - OATHS OF OFFICE
Mayor David Wallace introduced the City of Sugar Land Boards and Commission members recognizing their valued contributions and service to the community. Mayor Wallace administered the oath of office to the 2006 - 2007 members.
PUBLIC COMMENT
Mayor Wallace introduced Public Comment and entertained registered speakers.
Dr. Joel Dunnington, 3023 Four Winds Drive, a radiologist at M.D. Anderson Hospital for the past 18 years stated that smoking kills 1/3 of the patients he sees every year. Surgeon General warnings provide that second-hand tobacco smoke kills and that a smoke free environment is the only protection. Dr. Dunnington encouraged City Council to pass a smoke free ordinance and challenged the City to live up to its reputation as the fittest city in Texas.
Ms. Betti Guzman, 13131 Sunrise Creek Lane, Regional Vice-President American Cancer Society, Gulf Coast Region, stated that the American Cancer Society was the single largest funder of cancer research other than the U.S. Government, and asked that the City have the foresight to make Sugar Land smoke free in public places pointing out that many cities had successfully enacted legislation and many more are moving in the same direction as a result of conclusive evidence that second hand smoke substantially affects the cardio vascular system.
REVIEW OF CONSENT AGENDA
Mayor Wallace introduced the Consent Agenda and entertained questions and/or comments. There were no comments.
CONSENT AGENDA
Mayor Wallace introduced
consideration on III A) CITY OF SUGAR
LAND RESOLUTION NO. 06-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUGAR LAND, TEXAS, AUTHORIZING THE CITY TO ENTER INTO A PURCHASING CARD
AGREEMENT WITH JP MORGAN CHASE BANK, N.A. AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; III B)
Authorizing execution of a one year On Call Contract extension in an amount not
to exceed $200,000.00 with P. B. & J. Pavement Marking Incorporated for
striping and pavement marking services for the period October 1, 2006 through
September 30, 2007; III C) Authorizing execution of a Contract in the amount of
$91,000.00 with Lone Star Uniforms, Incorporated for police uniforms; and in
the amount of $12,000.00 with G. T. Distributors, Incorporated for accessories
and leather equipment; III D) Authorizing execution of a Contract in the amount
of $33,000.00 with MKP Consulting for administrative services for Sugar Land
Community Development Block Grant Program; III E) Authorizing execution of a
Contract in the amount of $54,244.62 with Building Professionals of Texas for
custodial services for community centers and park facilities for the period
October 08, 2006 through October 07, 2007; III F) Authorizing reimbursement in
an amount not to exceed $91,328.25 to the Brazos River Authority for North
Wastewater Treatment Plant fence replacement; III G) Authorizing execution of a
Contract in the amount of $153,120.00 with Statewide Traffic Signal Company,
Incorporated for traffic signal installation, Jess Pirtle Boulevard and
Gillingham Lane; III H) Authorizing execution of a Contract in an amount not to
exceed $145,291.80 with S & C Construction, Incorporated for Maygrove Storm
Sewer Improvements; III I) Approval of the minutes of the regular meeting of
September 19, 2006.
Following a full and complete discussion, Council Member Schiff, seconded by Council Member Hosley, made a motion to approve the Consent Agenda. The motion carried unanimously.
contracts and agreements
PERFORMANCE AGREEMENT - LAKE POINTE TOWN CENTER, LTD.
Mayor Wallace introduced consideration on a Performance Agreement by and between the City of Sugar Land and Lake Pointe Town Center, Ltd. for economic incentives.
Mr. Joseph Esch, Executive Director Business and Intergovernmental Relations, stated that sales tax is very important to the community. The City has realized the ability to be a destination location for retail sales and it opted to participate in First Colony Mall and Sugar Land Town Square developments and more recently the First Colony Mall expansion. With Lake Pointe development, the City has the opportunity to partner with Planned Community Developers to bring like quality development to the community.
Under the performance agreement Lake Pointe Town Center will receive $.00375 cents of the City two cent sales tax revenue that is collected on total annual sales in the development; until such time as the City has paid up to $2,000,000 for infrastructure cost and will receive for that incentive approximately a 200,000 square foot space for mixed-use development, similar in tenant quality to that in the Woodlands Mall and Highland Village in Houston.
The Agreement provides infrastructure and amenities of a pedestrian bridge across Brooks Lake and guarantees the caliber of general retail establishments. The incentive requires construction and a percent of occupancy of the identified retail developments prior to payment of incentives. The agreement provides a guaranteed purchase option to the city for a 5 acre tract of land on Lake Point Town Center. An amendment to the option has been requested by the developer that would move the northern boundary and reduce the acreage to 5 acres rather than the original 5.6052 acres. The negotiated price reduction to the City on the purchase is approximately $400,000, and will not impede the city ability to use the land as desired. The reduction provides the developer additional options for better infrastructure and utility access to the area.
Council Member Hosley commented that performance incentives have been beneficial in the past and will continue in the future. Incentives provide higher quality infrastructure and benefits by giving rights for approval that the City normally would not have and she recommended approval. Council Member Abraham, pointed out the advantage of the property purchase option.
Council Member Schiff questioned whether the optioned property included fully developed infrastructure and requested the developer to provide project details. Mr. Les Newton, Planned Community Developers, stated that a ground lease had been signed with Whole Foods Market, stating that an anticipated opening of Lake Pointe Shopping Center is by October 2007, provided there are no construction delays.
Mr. Esch pointed out that all incentives are derived from the development and are performance based; therefore, the City bares no risk. The developer is encouraged to bring new development to Sugar Land rather than allow relocations because only new development counts towards the incentives. The City would maintain the right to exercise the property purchase option even if an establishment other than a hotel were built. Since the City has no vision to transfer the option, it was not considered as part of the agreement
Following a full and complete discussion, Council Member Hosley, seconded by Council Member Schiff, made a motion to approve a Performance Agreement by and between the City of Sugar Land and Lake Pointe Town Center, Ltd. for economic incentives. The motion carried unanimously.
Public hearing
REZONING OF 27.292 ACRES IN THE NORTHERN TELFAIR DEVELOPMENT
Mayor Wallace convened the public hearing to receive and hear all persons desiring to be heard on rezoning 27.292 acres in the northern Telfair Development located at Highway 6 and University Boulevard from Interim Standard Single-Family Residential (R-1) to Planned Development (PD).
Ms. Sabine Somers-Kuenzel, Director of Planning, presented an overview on the revised request to rezone 27.3 acres out of 112.7 acres located at State Highway 6 and University Boulevard to a commercial Planned Development (PD) District. The original request on the 112 acres has been reduced to 27.3 acres in response to concerns expressed by the Planning Commission for: 1) the general nature of the overall submittal 2) the compressed time frame and 3) certain uses that are typically Conditional Uses that were proposed as uses by right with no future Commission review. City Council on September 19, 2006 provided direction to the applicant and recommended an overall approach to the 112 acres to include a two step process; the remaining 85 acres under Planned Development to be submitted as a General Development Plan with future individual phases submitted as Final Development Plans. The amended request includes the original Phase I and the developer is prepared to make commitments regarding specific land uses and lot layouts. The refined use list is consistent with the City SIC code; removing all uses that would be Conditional Uses in a B-2 district.
Mayor Wallace, entertained comments from the public; hearing none the public hearing was closed.
REZONING OF 27.292 ACRES IN THE NORTHERN TELFAIR DEVELOPMENT
Mayor Wallace introduced FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1589 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, APPROVING A CHANGE OF ZONING FOR 27.292 ACRES OF LAND LOCATED AT THE INTERSECTION OF STATE HIGHWAY 6 AND UNIVERSITY BLVD FROM ZONING DISTRICT CLASSIFICATION R-1 (INTERIM STANDARD SINGLE-FAMILY RESIDENTIAL) TO ZONING DISTRICT CLASSIFICATION PD (PLANNED DEVELOPMENT) AND APPROVING A FINAL DEVELOPMENT PLAN FOR THE DISTRICT.
Ms. Sabine Somers-Kuenzel, Director of Planning, stated the Planning and Zoning Commission unanimously approved a recommendation to the Mayor and Members with conditions of: limit use to one general hospital and one hotel with interior hallways, and additional restrictions to building finishes.
Following a full and complete discussion, Council Member Hosley, seconded by Council Member Parmer, made a motion to pass to second reading FIRST CONSIDERATION: CITY OF SUGAR LAND ORDINANCE NO. 1589 AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, APPROVING A CHANGE OF ZONING FOR 27.292 ACRES OF LAND LOCATED AT THE INTERSECTION OF STATE HIGHWAY 6 AND UNIVERSITY BLVD FROM ZONING DISTRICT CLASSIFICATION R-1 (INTERIM STANDARD SINGLE-FAMILY RESIDENTIAL) TO ZONING DISTRICT CLASSIFICATION PD (PLANNED DEVELOPMENT) AND APPROVING A FINAL DEVELOPMENT PLAN FOR THE DISTRICT. The motion carried unanimously.
WORKSHOP
2007 LEGISLATIVE AGENDA FOR THE 80TH SESSION OF THE TEXAS
LEGISLATURE
Mayor Wallace introduced discussion on the 2007 Legislative Agenda for the 80th Session of the Texas Legislature.
Mr. Dale Rudick, Intergovernmental Relations Director, stated the
80th Legislature session begins January 2007. For past legislative sessions the City has
prepared and approved a Legislative Agenda that provides an official City
position on various topics that may be considered by the legislature. The City Council Intergovernmental Relations
Committee discussed the proposed agenda on September 19, 2006 and the 2005
Legislative Agenda formed the basis for preparing the 2007 Agenda. Mr. Rudick reviewed the City’s positions on
pending legislation stating that the City is not precluded from amending the
agenda at a later date pending action taken by the Texas Legislature.
Unfunded
Mandates
The Legislature has placed requirements upon cities that create a financial burden without providing the necessary financial support. This places great strain upon cities and burdens taxpayers; hence the City opposes any expenditure placed upon the City that creates a financial burden without providing necessary financial support to carry them out. This includes proposed legislation presuming that all illnesses incurred by first responder’s are caused in the line of duty. An example is a firefighter diagnosed with lung cancer is most likely caused by years of smoking cigarettes rather than being job related.
Municipal Revenues
There is a slight variation to the City’s position taken in 2005. The legislature is faced with revising the current system to meet constitutional requirements, and there is movement such as lowering the cap on valuations and creating a cap on revenue that would negatively impact municipal revenue. The City will oppose any changes to the current property and sales tax system that would cause the City to lose revenue or lose the ability to raise revenue.
Council encouraged strong opposition and agreed that revenue caps are a dangerous concept that most people do not fully understand. Council Member Hosley pointed out that there are serious ramifications when states attempt to impose revenue caps on local government as seen in other states that have adopted similar legislation, which impedes the city ability to maintain basic services to citizens; especially in cities where citizens expect a high level of service. Council Member Schiff stated such impact potentially erodes the City credit rating and inevitably will cause operating cost to increase. Mr. Rudick pointed out that Texas is a unique situation, unlike other states, because instead of local government having a hand out to the state the city provides the services, while the state puts burdens on local government.
Annexation
The passage of Senate Bill 89 during the 1999 Legislative Session made broad changes in the manner in which future annexations will be conducted; substantive changes have not been made since that time. The City opposes legislation eroding city authority to annex including restricting development authority in the extraterritorial jurisdiction (ETJ).
Land Use Legislation
Previously the legislature has attempted zoning to
regulate land uses; the restrictions include eliminating the distinction
between mobile homes and single-family residences, excluding churches from
zoning and building codes, and forcing cities to pay land owners for damage
claims made as a result of changes in zoning classifications. Legislation giving counties zoning authority
in unincorporated areas, including the ETJ, has been proposed in past sessions. The City opposes any restrictions being placed
on the zoning authority of cities or the creation of special districts within
the city.
Rights-of-Way
The Legislature restricted the ability of cities to control
their right-of-ways with the passage of telecommunications legislation in
1999. The legislation has been
interpreted by the Public Utilities Commission (PUC) as giving the organization
complete control over rights-of-way. The City opposes any legislation that
would negatively impact authority over city rights-of way.
Economic Development
Changes
have been proposed on 4A and 4B taxes both to enhance the use and to restrict
use. The changes include allowing the use of 4B funds on federal property, as
well as further restricting the type of economic development projects allowed
for the funds. The majority of the
anti-ED tax uses are proposed by communities that do not have the ability to
implement the tax as a result of being at the 8.25% cap on sales tax. Changes to the property tax laws have been
discussed that could have ramifications on the use of tax abatement as an
economic development incentive and the operation of tax increment reinvestment
districts. The City opposes attempts to restrict the ability of cities to use
4A and 4B funds, to support the ability of cities to hold a single election to
eliminate one special use tax and to adopt another, or attempts to restrict the
use of economic development tools such as tax abatement and tax increment
reinvestment zones.
Collective Bargaining
The City continues to maintain the policy to meet with City
employees regarding ideas or issues, but opposes legislation that would require
cities to adopt collective bargaining without an election or legislation that
would expand the current meet and confer law.
Open Meetings/Open
Records
Current laws relating to open records and open meetings
create an administrative and financial burden on cities in order to be in
compliance. While Sugar Land is unusual
in making information readily accessible to all citizens, the City opposes any attempts to make the current open
meetings/open records laws more restrictive, state-mandating rules for the
disclosure of conflicts of interest for public officials and mandatory training
of elected officials in open meetings/open records laws. The City supports legislation that allows
local governments to develop their own guidelines for the disclosure of
conflict of interests for public officials, and that clarifies and addresses
problems with H.B. 914.
Erosion of Municipal
Powers
The City opposes legislation that erodes the authority of City government. The City does not receive an income stream from the state and maintains the City should be unhindered in responding to citizen needs. Mr. Bogard stated the perspective of cities and counties is the position that they are under attack by the State due to recent legislation that has been passed. Cities have to protect themselves each time the state legislature is in session rather than the State partnering with cities to provide services.
Prison Property
Acquisition
Texas Department of Corrections recently announced major plans to expand the prison system. The City seeks to proactively work to write legislation encouraging relocation and consolidation of the Central Prison Unit and Smithville into another TDCJ prison location. The City will seek to find sponsors for the bill and seek passage for ultimate acquisition of the prison property by the City.
Mayor Wallace stated that land use in Sugar Land was limited and acquisition of the property would provide for economic development that could lower taxes.
Mayor Wallace requested a consensus from Council to include language in the 2007 Legislative Agenda that sends a message to legislators to take notice that we, as a City and City Council, not only request but expect their support on the stated positions as they go through the legislative process. Council Member Schiff requested greater effort in finding out state legislator positions, and asking them to openly support the city position. Council Member Parmer suggested pursuit of a more open dialogue with legislators. City Council agreed on a more aggressive stance regarding the positions and directed staff to add specific language to the Resolution. Council Member Wong stated he was currently drafting legislation to expand county drainage authority and would bring forward for review with the Intergovernmental Relations Committee.
Mayor Wallace introduced discussion on tree trimming program.
Mr. Michael Leech, Assistant Public Works Director, reviewed Ordinance 1505 requiring tree trimming to 12 feet on residential streets, 14 feet on all other streets, and to 8 feet above all sidewalks, and reviewed progress made to date. The objective has been to educate the public on the importance of the project, notify the public of the new ordinance and make citizens aware of the established grace period for voluntary compliance. Various tools have been used to accomplish the goal including three commercial ads on the city cable station and neighborhood demonstrations. There were significant issues in the Austin Park subdivision with progress toward compliance being made. There is a two prong strategy in the program: 1) working with property owners and HOA’s in the neighborhoods and 2) the City trimming boulevards.
The City wants to take care of the boulevards to ensure proper trimming and care. Areas with tree issues range from 75% to 10% compliance in some neighborhoods; in July staff saw a significant improvement in compliance. Staff is working with property management associations to schedule trimmings on boulevards and to make sure everyone is aware of upcoming inspections and code enforcement beginning January 1. Staff has commitments that areas will be in compliance, but there is still work to be done. The City objective is to get compliance not issue citations. To develop an enforcement program, staff worked with code enforcers; enforcement includes a letter giving 30 days to correct the problem prior to the next inspection; if non-compliant it is turned over to code enforcement who will issue a 10 day warning notice prior to issuance of a citation. If compliance fails through the court, the City will trim the trees and bill the property owner. If the bill is unpaid, the city will rcord a lien on the property. Public Works will contact the HOA’s with the most severe issues, schedule inspections in January, and gauge the level of effort and tailor enforcement accordingly.
workshop (Continued)
SMOKING IN PUBLIC PLACES
Mayor Wallace introduced discussion on smoking in public places.
Mayor Wallace discussed the need to broaden the City Smoking Ordinance; stating that as community leaders the greatest fiduciary duty is providing public safety and promoting the health and welfare of the community.
Sugar Land is a health conscious community: 2006 fittest city, fittest school district, fittest service organization and fittest family in Texas; 2005: fittest family, fittest corporation, fittest service organization, fittest school district in Texas; 2004: Sugar Land participated in the Governor’s Texas Roundup to shape up and promote fitness and nutrition and promoted green space, hike and bike trails, recreation and parks. Once again, in 2004 Sugar Land was recognized as the fittest City in Texas.
Public smoking seriously impacts health, which includes second hand smoke. There are 53,000 deaths annually from tobacco use, including 3000 deaths from lung cancer and 35,000 from heart disease and stroke.
The economic impact is high health care costs and lost productivity. By making smoking less acceptable socially, fewer teens are likely to smoke. There have been a number of studies on the economic impact to restaurants and businesses. The opposition says that it hurts businesses and that people have the right to smoke. The research concluded that this is not the case and people have the right to breathe clean air. The Houston Restaurant Association, Greater Houston Partnership and the University of Texas M. D. Anderson Hospital are endorsing comprehensive ordinances banning public smoking. Fourteen states have enacted smoke free laws.
CITY COUNCIL REPORTS
Mayor Wallace introduced reports from the Finance/Audit Committee, the Business Incentive Committee, the Intergovernmental Relations Committee, and the Compensation Committee.
Council Member Jones reported the celebration recognizing Sugar Land as the third best City to live in was a wonderful event, recognized the City for its achievements and noted the video reviewing the City history made him very proud to be a citizen. Council Member Jones attended the groundbreaking ceremony for Brazos Rive Park commenting on the quality of the project as one that the city can be proud of for years to come.
Council Member Parmer reported attending the opening of the new nursing school at the University of Houston stating it is a great facility and a great addition to education and training in the area. Council Member Parmer attended the 4A meeting and reported the Board and the Business Incentive Committee has begun crafting guidelines for standardizing incentives.
Council Member Abraham, Council Member Hosley and Council Member Wong had no report.
Council Member Schiff reported the Finance Audit Committee discussed the city management financial policy, received a briefing on the city credit card program and reviewed services being offered by some Levee Improvement Districts and Municipal Improvement District to ensure there were no overlapping of services in order to ensure efficiency.
CITY MANAGER REPORT
City Manager Mr. Bogard had no report.
recessed – CITY COUNCIL Regular meeting
Mayor Wallace recessed the Regular Meeting to go into Closed
Executive Session, time 7:42 o’clock p.m.
CLOSED EXECUTIVE SESSION
Mayor Wallace introduced Closed Executive Session as authorized by Chapter 551, Texas Government Code, in accordance with:
Personnel Matters: Section 551.074, Texas Government Code (Matters regarding personnel).
A. For the purpose of discussion with
respect to the City Manager annual performance evaluation. Councilmember
Cyril Hosley, and Councilmember Michael Schiff.
RECONVENED – PUBLIC MEETING
Mayor Wallace reconvened the City Council Regular Meeting, 9:08 o’clock p.m.
All of said members were present with the exception of Council Member Hosley who had left the meeting.
city manager
Mayor Wallace introduced consideration on setting the salary and car allowance for Sugar Land City Manager for Fiscal Year 2006-2007, October 01, 2006 through September 30, 2007.
Mayor Wallace stated in conjunction with the City Manager’s performance evaluation City Council authorizes an employment contract by and between the City of Sugar Land and Allen Bogard, City Manager establishing a salary and car allowance for Fiscal Year 2006-2007.
Following a full and complete discussion, Mayor Wallace, seconded by Council Member Schiff, moved to approve an employment contract by and between the City of Sugar Land and Allen Bogard, City Manager, establishing a salary and car allowance for Fiscal Year 2006-2007, October 01, 2006 through September 30, 2007. The motion carried unanimously.
ADJOURN
There, being no further business to come before the Council, Council Member Schiff, seconded by Council Member Jones, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time 9:11 o'clock p.m.
Glenda Gundermann, City Secretary
(SEAL)