Loading...
R2006-151 09-11-06 RESOLUTION NO. R2006-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby accepts the City's Investment Report for the Quarter ending June 2006. PASSED, APPROVED, AND ADOPTED this day of , A.D., 2006. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY - MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 11, 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 8:05 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: Public Works Director Danny Cameron; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Project Director Trent Epperson; Director of Finance Claire Manthei; EMS Director Jeff Sundseth; Assistant Police Chief Johnny Spires; Assistant Finance Director Rick Overgaard. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on August 29, he attended an Agenda Meeting, a Luncheon with City Manager Bill Eisen and the Employee of the Quarter, the School Board Bond Campaign Kick-off, and Chaired the Pearland Area Citizen Corps Board Meeting; August 30, presented a Proclamation to Parks and Recreation Director Rhonda Cyrus and attended the Clear Creek Tourist Council Board of Directors Meeting; August 31, attended the Parks Department Discovery Tour for Jogging Trails and the Bay Area Transportation Partnership Board of Directors Meeting; September 1, attended the photo op for HCA Blood Pressure Event; September 5, attended an Agenda Meeting, the Regular Council Meeting, and a meeting with Executive Director of Economic Development Corporation Fred Welch and a new prospect; September 7, attended a Workshop with Municipal Utility District No. 1 and citizens; September 8, attended the International Literacy Day Celebration and received Game Ball from sky diver for Oilers Game at the Rig; September 9, attended the Chamber Ribbon Cutting for the Republican Headquarters and the United Way Women in Service Event; September 10, attended the Special Event at the Sri Meenakshi Temple. Page 1 of 13 — 9/11/2006 Mayor Reid and Councilmember Cole presented a proclamation to John Strange, proclaiming September 2006, as "Leukemia and Lymphoma Awareness Month." Mayor Reid presented a proclamation to Executive Director of Economic Development Corporation Fred Welch, proclaiming September 12, 2006, as "Good Deed Day." Fred Welch stated he is accepting the proclamation on behalf of the Bay Area Council and the Sam Houston Council Scouts. Our area has one of the largest Scouting Programs with about 10,000 youths. The point behind September 11 th and 12th that is brought out so clearly, is there is more than the loss of about 3000 people; there are also all the others that came out and rolled up their sleeves to help and saved so many more people that day. He thanks Mayor Reid and Council on behalf of the Bay Area and Sam Houston Council. Mayor Reid and Councilmember Kyle presented a proclamation to Stephanie Cone and Janice Eisen , proclaiming September 2006, as "United Way of Brazoria County Month." Mayor Reid and Councilmember Beckman presented a proclamation to Dale Pillow, proclaiming September 2006, as "Literacy Month." Mayor Reid, Mayor Pro -Tem Tetens, and Councilmember Saboe presented a proclamation to City Manager Bill Eisen and Staff, proclaiming September 11, 2006, as "National and Community Hero Recognition Day." COUNCIL ACTIVITY REPORTS Councilmember Saboe passed on giving a report. Councilmember Beckman reported she attended two Discovery Tours; one to look at trails that other cities have built and another for Environmental Building and Centers in other areas. She was very impressed with both tours. She attended a reception for Rhonda Cyrus the former Parks and Recreation Department. She stated she wanted to thank the members of the City that participated in the street clean-up on Saturday. Mayor Pro -Tem Tetens passed on giving a report. Councilmember Kyle reported September 7, along with other Councilmembers and City Staff, she attended a Workshop with Municipal Utility District No. 1 that was very successful. Over the weekend she also attended the grand opening of the Republican Headquarters and the United Way Women in Leadership Cocktail Party. Councilmember Cole reported he attended the grand opening of the Republican Headquarters and recommends everyone get educated on the candidates. Page 2 of 13 — 9/11/2006 CITY MANAGER'S REPORT City Manager Bill Eisen reported the Meet the City will be held on Saturday, October 7, 2006, at 9:00 a.m. This provides a chance for the community to meet City Staff and get a better understanding of what we do. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 21, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the August 28, 2006, Public Hearing (Budget) held at 6:30 p.m. 3. Minutes of the August 28, 2006, Public Hearing (Tax Rate) held at 6:30 P.M. 4. Minutes of the August 28, 2006, Public Hearing (Easement) held at 6:30 p.m. 5. Minutes of the August 28, 2006, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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, Page 3 of 13 — 9/11/2006 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. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1302 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS 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. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1303 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS 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. Page 4 of 13 — 9/11/2006 G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1304 — 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 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. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-145 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A REFURBISHED FIRE HYDRANT VALVE EXERCISE MACHINE. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENT OF RICHARD SALTARELLI TO SERVE ON THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2011 AND SUSAN DIETERICH TO A 3 - YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid, Mayor. J. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF BRENDA CRAGER TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENT OF RON BAVARIAN AND ROBERT KETTLE TO SERVE ON THE ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor. L. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENT OF DELORES FENWICK AND MICHELLE LEGGETT TO SERVE ON THE CHANNEL REVIEW BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor. Page 5 of 13 — 9/11/2006 M. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENT OF GARY SHIVER TO SERVE ON THE GAS AND PLUMBING BOARD FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mr. Tom Reid, Mayor. N. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENTS OF BEN CARRANZA, SCOTT SHERMAN AND MARJORIE WILCOXSON TO SERVE ON THE PARKS, RECREATION AND BEAUTIFICATION BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid, Mayor. O. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENTS OF BETTYE ALEXANDER AND FRED CESSAC TO SERVE ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mr. Tom Reid, Mayor. P. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-151 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2006. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through P 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 COUNCIL ACTION — RESOLUTION NO. R2006-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE DEVELOPMENT AUTHORITY OF PEARLAND TO MAKE REIMBURSEMENT PAYMENTS AS RECOMMENDED BY REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-149. City Manager Bill Eisen stated the developer of Tax Reinvestment Zone No. 2 (TIRZ No. 2) or Shadow Creek Ranch initially made certain improvements within the Page 6 of 13 — 9/11/2006 development that required reimbursements from the City. This item pertains to three projects, which will have reimbursements that need to be approved by Council. The reimbursements would not be made immediately but would be done eventually. Councilmember Saboe asked what dictates the difference in the developer interests rate for each project. City Manager Bill Eisen stated there were two different rates written into the project for reimbursement. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 1300 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #14), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1300 on its first reading. City Manager Bill Eisen stated this item pertains to the tax abatement issue in the creation of the tax abatement for Bison Building Materials. City Attorney Darrin Coker stated the Ordinance in the Council packet has an error stating the Public Hearing is September 5, 2006 but it is actually September 11, 2006, and a corrected copy has been provided to the City Secretary's office. Councilmember Saboe asked what is the urgency for Bison Building Products and is it necessary for Council to move forward immediately. City Manager Bill Eisen stated the urgency is the abatement timing requirements. Page 7 of 13 — 9/11/2006 Councilmember Beckman stated she is not inclined to vote for this item at this time and does not want to provide false hope to the applicant. Councilmember Saboe stated he cautions the applicant to not move forward with plans based on this item being approved. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" Councilmember Beckman. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 1299 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #15), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1299 on its first reading. City Manager Bill Eisen stated this item is the first reading of an Ordinance that creates a reinvestment zone for Kemlon Products. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT WITH BISON BUILDING MATERIALS, LTD. Mr. Fred Welch, Executive Director Pearland Economic Development Corporation. Page 8 of 13 — 9/11/2006 Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-148. City Manager Bill Eisen stated under the terms of the Pearland Economic Development Corporation guidelines, any incentive grant that exceeds $100,000 must be approved by City Council. This item pertains to a $150,000 grant awarded to Bison Building Products to help with costs associated with the installation of a railway switch and siding. This item is separate from the tax abatement issue. Councilmember Beckman stated she feels this item is very appropriate and she will vote for it even though she does not support the tax abatement. Councilmember Cole asked if the company does not come to Pearland, will this money be spent and does approving this item give a false hope to the applicant for the tax abatement. Executive Director of Pearland Economic Development Corporation Fred Welch stated if the company chooses not to come to Pearland, the money will not be spent by the City. He can't speak for the applicant on the effect of this item being approved. Councilmember Kyle asked if the tax abatement and the grant were related items for the applicant and was it an all or nothing situation. Executive Director Pearland Economic Development Corporation Fred Welch stated it is not his understanding that the applicant is viewing these items as one product. Councilmember Kyle stated she is concerned that the City is providing money up front and after the deal is completed. She stated she strongly supports the grant but not the tax abatement. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT WITH BOBCAT OF HOUSTON, INC. Mr. Fred Welch, Executive Director Pearland Economic Development Corporation Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-147. Page 9 of 13 — 9/11/2006 City Manager Bill Eisen stated this item pertains to an incentive grant for Bobcat of Houston. This project is located on the far west side in the Spectrum area. The company has taken an old building and made improvements. The grant amount its$166,000 that will be paid in annual installments of $33,000. Councilmember Kyle stated she was on the Pearland Economic Development Corporation when this project was initiated and she feels this is money well spent. Councilmember Cole stated he is pleased with the work the company has done and their willingness to clean up the area. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-146 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT WITH KEMLON PRODUCTS & DEVELOPMENT CO., LTD. Mr. Fred Welch, Executive Director Pearland Economic Development Corporation Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-146. City Manager Bill Eisen stated this item is a Pearland Economic Development Corporation grant to Kemlon Products & Development Corporation in the amount of $225,000 for the expansion of the company's facility. The grant will be paid in full upon the receipt of a certificate of occupancy from the applicant. Councilmember Saboe stated the description of the plan discusses 75 new employees but the information received previously was 50. Executive Director of Pearland Economic Development Corporation Fred Welch stated he asked the applicant not to over commit to a number of new jobs this expansion will produce. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 10 of 13 — 9/11/2006 FIRST 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 A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 870-4 on its first reading, After the discussion, Ordinance No. 870-4 was tabled. Director of Finance Claire Manthei stated this Ordinance amends the water/sewer rate and adds a grease trap inspection fee. The fiscal year 2006-2007 Budget includes a 25% revenue increase for water/sewer fees to cover Capital Improvement Projects and to meet Bond Coverage requirements. During a City Council Workshop, Staff was directed by Council to review placing the increase on the volume to relieve the effect on low volume users. Essentially this program charges more for the more a person uses. The numbers were reviewed and the program was established per Council's request. Councilmember Cole asked what percent of residential users are actually over the 10,000 gallons a month of usage. Director of Finance Claire Manthei stated she believes the average user is right at 10,000, but she did not pull what percentage of users are over that number. Discussion ensued between Council, Mayor Reid, City Manager Bili Eisen, and Director of Finance Claire Manthei regarding the Ordinance. Councilmember Saboe made the motion, seconded by Councilmember Cole, to table Ordinance No. 870-4 for further review. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Tabled 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1298 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (W. KEITHWOOD DRIVE @ ADELLA COURT); PROVIDING A PENALTY Page 11 of 13 — 9/11/2006 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 STOP SIGNS AT INTERSECTIONS 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 Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1298 on its first and only reading. City Manager Bill Eisen stated this item is for the installation of stop signs in a residential neighborhood where the residents have voiced concerned about a traffic circle located on Keithwood Drive. Discussion ensued between Council, City Manager Bill Eisen, and Director of Public Works Danny Cameron regarding the Ordinance. 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 9:41 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS: REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:10 p.m. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council No action taken by Council. ADJOURNMENT Page 12 of 13 — 9/11/2006 Meeting was adjourned at 10:11 p.m. Minutes approved as submitted and/or corrected this the 25th day of September, A.D., 2006. ATTEST: Se • / Tom Reid Mayor Page 13 of 13 — 9/11/2006