2006-09-18 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 18, 2006, AT 6:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 8:35 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
Darrin Coker
Young Lorfing
Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike
Hodge; and Director of Finance Claire Manthei.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 1305 — 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.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1305 on its first and only reading, as amended.
City Manager Bill Eisen stated Poag & McEwen is advancing on their project,
particularly as it relates to the Bass Pro Shop. Due to delays in acquiring the right-of-
way, it will not be possible to meet some deadlines set by the building permit. This item
is a request for a variance for the issuance of a building permit prior to the completion of
the public infrastructure.
Mark Janzer, LJA Engineering and Surveying, stated the request is for a building permit
variance. The City has been working toward a land acquisition but has not completed
the acquisition. The construction of the utilities has been started but has been halted
because the right-of-way needed to connect the utility lines is not yet available. The
City requirements do not allow the building permit to be issued until the utilities are in
place. The Bass Pro Shop construction will be delayed if the building permit is not
issued prior to the utilities being completed.
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Mayor Pro -Tem Tetens asked where the City stands on the right-of-way acquisition and
if this delay is actually the cause of the applicant's situation.
City Attorney Darrin Coker stated these acquisitions are located in Harris County and
are being handled a little differently than previous acquisitions in Brazoria County. The
process is a clear-cut three-month process. Several problems have affected this
acquisition. One, is there were thirteen parcels that needed to be acquired; three of the
parcels have not been acquired because the landowners could not be identified, and the
City had to provide public notices. The Harris County Court had a lot of turn over in
their system and the time period for getting a hearing is much longer than in Brazoria
County. Once a hearing is held and a decision is rendered on the fair market value, the
City will issue a check for the purchase.
Councilmember Saboe asked where is the letter of agreement referenced and if it is not
referenced in this Ordinance, was it referenced in previous Ordinances.
City Attorney Darrin Coker stated the letter of agreement is not referenced in this
Ordinance and has not been referenced in previous Ordinances. He stated if Council
would like to include the letter from LJA Engineering and Surveying, it can be done.
Councilmember Cole made the motion, seconded by Councilmember Saboe to amend
Ordinance No. 1305 to include Exhibit B, referencing the letter provided by LJA
Engineering and Surveying.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — MOTION TO REMOVE FROM THE TABLE, FIRST READING OF
ORDINANCE NO. 870-4. City Council.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to remove
Ordinance No. 870-4 from the table.
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Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 870-4 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES
FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-35 AND SECTION 30-38 OF THE CODE OF
ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE
SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING AN
EMERGENCY, CLAUSE A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 870-4 on its first and only reading, as amended.
Finance Director Claire Manthei stated the budget included a 25% revenue increase in
Water and Sewer rates as well as a Grease Trap Inspection Fee. Council requested
additional information on customer usage patterns. Ms. Manthei presented five options
ranging from a 0% increase to the base amount of 2000 gallons up to an increase of
25%.
City Manager Bill Eisen reported the Grease Trap Inspection Fee includes a $100
annual application fee billed each October.
Discussion ensued between Council and Finance Director Claire Manthei regarding the
proposed water and sewer rate structure.
Councilmember Kyle made the motion, seconded by Councilmember Saboe to amend
Ordinance No. 870-4 to include Option No. 3 that showed a monthly increase on the
utility bill of 10% to 37% depending on consumption.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
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Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-152 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS ADOPTING DENTAL AND LONG
TERM DISABILITY INSURANCE RENEWAL RATES.
Ms. Mary Hickling, Director of Human Resources and Safety Management.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2006-152.
City Manager Bill Eisen stated Council previously considered the renewal of the Health
Insurance Policy. This item pertains to the Dental Insurance renewal at the same rate
that has been in place for several years. The item also includes the Long Term
Disability insurance which will have a 9% increase in the rates.
Councilmember Cole stated he will abstain from the vote on this item because of an
affiliation with the Prudential Financial.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, and Kyle.
Voting "Abstain" Councilmember Cole.
Voting "No" None.
Motion Passed 4 to 1.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:12 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE CITY
MANAGER'S APPOINTMENT OF PARKS AND RECREATION DIRECTOR.
Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:38 p.m.
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COUNCIL POSSIBLE ACTION — REGARDING THE CITY MANAGER'S
APPOINTMENT OF PARKS AND RECREATION DIRECTOR. City Council.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to
ratify the City Manager's appointment of John Branson as Parks and Recreation
Director for the City of Pearland.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:38 p.m.
Minutes approved as submitted and/or corrected this the 25th day of September, A.D.,
2006.
ATTEST:
F ng
J �
Tom Reid
Mayor
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