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2006-09-05 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 5, 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 7:35 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Dardn Coker Young Lorfing Others in attendance: Public Works Director Danny Cameron; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Project Director Trent Epperson; Assistant City Manager Nick Finan; Human Resources and Safety Management Director Mary Hickling; Assistant City Manager Mike Hodge; Executive Director of Economic Development Corporation Fred Welch; Administrative Analyst Chris Kidwell; Assistant Police Chief Johnny Spires; Municipal Court Administrator Pat Riffel; Assistant Finance Director Rick Overgaard; and Budget Analyst June Ellis. The invocation was given by Councilmember Kyle and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid passed on giving a report. COUNCIL ACTIVITY REPORTS Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. CITIZENS: None. DOCKETED PUBLIC HEARING: None Page 1 of 9 — 9/5/2006 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1292 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN -FOOT (10') SEWER EASEMENT RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1297 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS AND A WATER AND SEWER EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 1295 — AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007. Mr. Bill Eisen, City Manager. Page 2 of 9 — 9/5/2006 Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1295 on its first reading. City Manager Bill Eisen stated the proposed tax rate was discussed previously and is $0.652659/$100 valuation. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1294 — 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 2006. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, that property taxes be increased by the adoption of a tax rate of $0.652659/$100 valuation. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-144 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING EMPLOYEE INSURANCE RENEWAL RATES. Ms. Mary Hickling, Director of Human Resources and Safety Management. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-144. City Manager Bill Eisen stated for the last two years the City has not experienced a rate increase for employee insurance. This year the rates will increase almost 30% with the current company. The City did research rates of others and decided to stay with Cigna for insurance and they did work with the City to develop a program. Each employee will have a choice between two plans, which have varying benefits and costs to the employee. The HRA plan is the less expensive coverage to the City and each employee that chooses this plan will receive a $20.00 a month incentive for this selection. Page 3 of 9 — 9/5/2006 Councilmember Cole asked if the HRA plan is going to be administered by Cigna and will the employee have to show expenses for reimbursement or will there be some type of an account set up for each employee. Director of Human Resources and Safety Management Mary Hickling stated the plan will automatically be handled by the doctor and the claimant is not responsible for any payments until the claim is completed. Councilmember Cole stated when this plan is rolled out to employees, Staff needs to be sure to convey the increases for emergency care and special services. Councilmember Saboe asked if the City bears 100% of the premium amount for each employee. City Manager Bill Eisen stated the City pays full premiums for the employee and the employee pays the premiums for all dependents. Councilmember Saboe asked what drove the 29% increase in rates. Director of Human Resources and Safety Management Mary Hickling stated this year the City had some large claims and an increased loss ratio. The increase was also due to the increase in costs of medical care. Discussion ensued between Council, Mayor Reid, City Manager Bill Eisen, and Director of Human Resources and Safety Management Mary Hickling regarding the program. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1296 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO DELETE ARTICLE II 3/, ENTITLED STANDARD HOUSING CODE, IN ITS ENTIRETY; TO AMEND SECTION 7-81, ENTITLED ADOPTED; TO ADOPT A NEW SECTION 7-81.1, TO BE ENTITLED LOCAL AMENDMENTS; AND TO ADOPT A NEW SECTION 7-82, TO BE ENTITLED ENERGY CODE ADOPTED, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 9 — 9/5/2006 Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1296 on its first reading. City Attorney Darrin Coker stated this item is an amendment that was intended to occur previously this year when the 2003 Family of Codes were adopted. The Residential Code and Energy Code were also intended to be included at that time, but were not, and this item will bring everything current. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-143 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-143. City Manager Bill Eisen stated this item is a proposed agreement to do the preliminary planning work for a potential expansion of the Library building with the intent to develop a fund for costs. One concern when reviewing the project, is the need for hiring additional staff for the expanded size of the building. Mayor Reid asked how much is the square footage of the expansion and what will the use be. Assistant City Manager Mike Hodge stated the proposed square footage would be 10,000 square feet and it will be used for book storage. Councilmember Beckman stated it is her understanding that the plan is to have the facility as a one-story building and keep it simple. She is in favor of approving the plan. Mayor Pro -Tem Tetens, stated by the time the plan is completed, there will be time to work on the budgets to increase the Staff if needed. Brief discussion ensued between Council and City Manager Bill Eisen. Councilmember Saboe asked what the City will receive for the $35,000 in costs and how close does the work in this item get to the final product. Also, how much will the end product cost the City. Page 5 of 9 — 9/5/2006 Assistant City Manager Mike Hodge stated the item and costs being presented are for preliminary engineering only and the final product will cost approximately $300,000 to $400,000. Councilmember Saboe stated the amount seems like too much money for the expansion of an existing building. The City is setting the expectation for the engineers that this is a $300,000 to $400,000 project and it is not. He does not feel like the City is getting a lot for the money it is spending on this project. Assistant City Manager Mike Hodge stated he was mistaken and the number will be closer to $150,000. Discussion ensued between Council and Assistant City Manager Mike Hodge regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1293 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON FM 1128 APPROXIMATELY THREE HUNDRED FEET (300') NORTH OF COUNTY ROAD 101 (BAILEY ROAD) TO APPROXIMATELY ONE THOUSAND FIVE HUNDRED FEET (1500') NORTH OF COUNTY ROAD 101; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH "NO PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill_Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1293 on its first and only reading. City Manager Bill Eisen stated this area is adjacent to the new Massey Ranch Elementary School and was brought to the City by the School District as a concern. Director of Public Works Danny Cameron stated Pearland Independent School District contacted the TxDOT due to parents dropping off and picking up their children at this location and the children having to cross the street. TxDOT agreed and posted no parking signs at the location, but the City must approve the Ordinance for police officers to enforce the signs. Page 6 of 9 — 9/5/2006 Councilmember Saboe stated the parents that drop-off and pick-up their children at these schools need a holistic approach to help them get their children without waiting in a hour long line. He does appreciate the way Pearland Independent School District handles child drop-off and pick-up times but he feels this is a problem that needs to be further assessed. Discussion ensued between Council and City Manager Bill Eisen regarding the Ordinance. Councilmember Cole stated he hopes that this project is a lesson learned when the City is developing future schools. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-142 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR TRAFFIC SIGNAL CONSTRUCTION SERVICES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-142. City Manager Bill Eisen stated this item involves installing signals at Kirby Road and Beltway 8 and also at Cullen Boulevard and Fite Road. The contractor is Traf-Tex, Inc. Councilmember Cole asked how many bids the City received for the project. Assistant City Manager Mike Hodge stated there were two bids received for this project. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT Page 7 of 9 — 9/5/2006 AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-121. City Attorney Darrin Coker stated the City is required to review the Tax Abatement Guidelines once every two years. This item was passed on a previous Agenda but needed several revisions. Once this item is approved there will be two Public Hearings for the creation of new Reinvestment Zones for the two tax abatements referenced in this item and then two ordinances will be submitted to Council for approval. Councilmember Kyle stated under Section 5, Sub -Section A and Sub -Section C, the organization needs to be re-evaluated. City Attorney stated he will make the changes after Council approves the Ordinance. Councilmember Cole asked how the City governs whether the jobs are just being created to receive the tax abatement and then not completed. City Attorney Darrin Coker stated the applicant is required to complete a manpower report form and submit it to the City for review. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:40 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — RIGHT-OF- WAY — ORANGE STREET. Mr. Darrin Coker, City Attorney. Page 8 of 9 — 9/5/2006 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:23 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — RIGHT-OF-WAY — ORANGE STREET. City Council Counciimember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to authorize Staff to proceed with the acquisition of right-of-way for the future extension of Orange Street. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:28 p.m. Minutes approved as submitted and/or corrected this the 25th day of September, A.D., 2006. ATTEST: l�, • ecfftary Tom Reid Mayor Page 9 of 9 — 9/5/2006