1998-01-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 12, 1998 AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Larry Wilkins
Councilmember
Kevin Cole
Councilmember
William Berger
City Manager
Paul Grohman
Assistant City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg;
Assistant Police Chief Chris Doyle; City Engineer John Hargrove; Grants Director Janet
Berry; Planning and Community Development Director Dennis Smith; Director of Finance
David Castillo; Assistant Director of Finance Cindy Soto; Public Works Director Jerry
Burns; and Advanced Intern Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Tetens and the Pledge of Allegiance was
led by Councilmember Wilkins.
APPROVAL OF MINUTES
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
approve the minutes of the December 8, 1997, Public Hearing held at 6:30 p.m., minutes
of the December 8, 1997, Regular Meeting held at 7:00 p.m.,minutes of the December
8, 1997, Regular Meeting held at 7:30 p.m., minutes of the December 12, 1997, Special
Meeting held at 4:00 p.m. and the minutes of the December 15, 1997, Special Meeting
held at 6:00 p.m.
The votes were cast as follows:
The minutes of the December 8, 1997, Public Hearing held at 6:30 p.m., minutes of the
December 8, 1997, Regular Meeting held at 7:00 p.m., and the minutes of the December
8, 1997
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Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with 1 abstention.
The minutes of the December 12, 1997, Special Meeting held at 4:00 p.m. and the
minutes of the December 15, 1997, Special Meeting held at 6:00 p.m.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins
Voting "No" None.
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid and City Manager Paul Grohman presented David Castillo, Director of
Finance, with the Award of Financial Reporting Achievement given by the Government
Finance Officers Association. Mr. Grohman stated that this is the twentieth year the City
has received this award.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Wilkins stated that he does not have anything this evening.
Councilmember Tetens stated that he does not have anything to report.
Mayor Pro -Tem Helen Beckman stated that she attended the D.A.R.E. Graduation and
this is one of the many ways the city cooperates with the schools and the D.A.R.E.
program is a great program. Officer B.J. is a wonderful D.A.R.E. teacher.
Councilmember Berger stated that on January 8, PEDC had their first board meeting
for 1998 and also had their strategic planning session. The PEDC has great plans for
this year.
Councilmember Cole stated that he wanted to echo what Mayor Pro -Tem Beckman had
to say. He also attended the D.A.R.E. Graduation. He stated that its great to see that
many children go through the program and participate the way they do. He also attended
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the ribbon cutting for the Jamison Middle School Recreation Center, another joint venture
between the school and city.
CITY MANAGER'S REPORT:
City Manager Paul Grohman stated he echoed what Councilmember Cole had to say
about the ribbon cutting at the second Recreation Center in the city. He further stated
that three years ago we did not have any Recreation Centers for the youth after school,
and now we have two with professional staff members. Last year we served over two
thousand separate kids at the Recreation Center. Mr. Grohman introduced the new
Assistant Director of Finance, Cindy Soto.
CITIZEN'S:
Yvonne H. Boisuenue, 2007 Wooten Road, addressed Council stated that they have had
problems with their road. Recently, Cherry Demolition has moved to the end of her road
and they are experiencing numerous problems. Ms. Boisuenue presented the city with
a petition of residents from the mobile home park requesting a new road.
Shirley Lopez, 18730 Mimosa Lane, addressed Council and stated that she has worked
hard and has put a lot of money in her fireworks stand and it was shut down, and she
does not understand why she has her license. Ms. Lopez gave staff her telephone
number so they could contact her with an explanation.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
RESOLUTION NO. R98-2 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE BOND ORDER OF BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE ISSUANCE OF $2,700,000
WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 1998.
RESOLUTION NO. R98-3 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE BOND ORDER OF BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $2,170,000
WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 1998.
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RESOLUTION NO. R98-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 5 AUTHORIZING THE ISSUANCE OF $1,980,000
WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 1997.
Councilmember Wilkins made the motion, seconded by Councilmember Berger to
approve Resolution No. R98-2, Resolution R98-3, and Resolution R98-4.
Craig Rathman, Financial Advisor, with Dane Rausher Inc., gave an overview of the
bonds that will be issued to all three of the Municipal Utility Districts.
City Manager, Paul Grohman, stated this a preferable time to be in the bond market
place as we are looking at historical lows. He further sated that it is hard to beat the
timing.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
RESOLUTION NO. R98-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 1998 CRIME
STOPPERS ASSISTANCE FUND AND ALLOCATING IN-KIND SERVICES AS MATCH
FROM THE CITY OF PEARLAND.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Resolution No. R98-5.
Grants Director Janet Berry addressed Council and stated that we would like to submit
a grant to the Criminal Justice System in Austin, Texas, to fund office equipment for a
Crime Stoppers Office. Matt Zepeda, Crime Prevention Specialist, will work with the
volunteers to staff the office. Chief Hogg stated that there will be a place at the Police
Department for this office.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
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Motion passed 5 to 0.
RESOLUTION NO. R98-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A DECLARATION OF OFFICIAL INTENT OF LESSEE TO USE PROCEEDS
OF LEASE -PURCHASE AGREEMENT(S) WITH BANC ONE LEASING CORPORATION
TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES PREVIOUSLY
APPROVED BY COUNCIL.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-6.
Director of Finance, David Castillo, addressed Council and stated that this Lease -
Purchase Agreement will fund the following projects; Municipal Court System, Fleet
Management System, upgrade to the Utility Billing System, the Parks & Recreation
System. All of these projects were approved subject to financing. This Resolution will
allow the City to pay the vendors and get reimbursed by Banc One. He further stated
that we have one more project, that is the purchase of a telephone system for the Police
Department.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
RESOLUTION NO. R98-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A WATER CANAL EASEMENT FOR GULF COAST WATER AUTHORITY
REGARDING CANAL A.
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Resolution No. R98-7.
Project Coordinator, Alan Mueller, addressed Council and gave the location of the canal.
He stated that this is an annual renewable lease. Gulf Coast Water Authority has about
twenty thousand of these property leases along the entire length of the canal, and they
are trying to consolidate these leases. Mr. Mueller stated that the terms of the lease
would remain the same and Gulf Coast Water Authority would pay a lump sum
contribution of $250 and we would not have to worry about the bookkeeping forever.
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Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins
Voting "No" None.
Motion passed 5 to 0.
RESOLUTION NO. R98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EASEMENT FOR THE PEARLAND INDEPENDENT SCHOOL DISTRICT
("PISD") REGARDING CONSTRUCTION OF A DRIVEWAY ACROSS PROPERTY
OWNED BY THE CITY ADJACENT TO PEARLAND PARKWAY.
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Resolution No. R98-8.
Project Coordinator, Alan Mueller, gave a presentation to Council regarding the location
of this property. Mr. Mueller stated that the high school, during its expansion, is building
a driveway going out of the school that is intersecting with Pearland Parkway. In order
to get out onto the Parkway they will have to actually cross a small portion of City
owned property. Since it's not in the right-of-way it is considered private property. Mr.
Mueller recommended that the City give the school district this easement. He further
stated that in December the school district gave the City a small easement to build a lift
station, and there was no exchange of money, they gave us a small easement and we
Will give them a small easement.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 822-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
RESOLUTION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION
DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT
TO CONSTRUCT, OPERATE, AND MAINTAIN A MAJOR THOROUGHFARE BETWEEN
MYKAWA AND STATE HIGHWAY 35 (MAIN STREET) INCLUDING BUT NOT LIMITED
TO AN OVERPASS OVER BURLINGTON NORTHERN SANTA FE RAILROAD
("BNSF RAILROAD") AND HICKORY SLOUGH WHICH AUTHORIZES THE PEDC
STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE FEE SIMPLE AND EASEMENT
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INTERESTS IN PROPERTY LOCATED WITHIN THE CITY BY GRANT, DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN AND
MAKES VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROVIDE THOROUGHFARES INURES TO
THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Wilkins made the motion, seconded by Councilmember Cole to approve
Ordinance No. 822-1 on its first and only reading.
Project Coordinator, Alan Mueller, gave a presentation regarding the location of the
proposed overpass.
Councilmember Berger reported that the PEDC Board voted unanimously on this item
at their first 1998 Board Meeting.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID B97-20 FOR SEQUENCING BATCH REACTOR
EQUIPMENT FOR THE SOUTHWEST ENVIRONMENTAL CENTER 2.0 MDG
WASTEWATER TREATMENT PLANT.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to
pass on the awarding of Bid No. B97-20 until the review of the bids are complete.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS
FROM TWO REGULAR MEETINGS HELD ON DECEMBER 8, 1997.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
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excuse the absence of Councilmember Richard Tetens from two regular meetings held
on December 8, 1997.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
Motion passed 4 to 0, with 1 abstention.
COUNCIL ACTION - APPROVE AND RATIFY CITY ATTORNEY'S HIRING OF
ASSISTANT CITY ATTORNEY, DARRIN COKER.
Councilmember Tetens made the motion, seconded by Councilmember Cole to approve
and ratify the City Attorney's hiring of Assistant City Attorney, Darrin Coker.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:29- p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REVIEW
APPLICATIONS FOR APPOINTMENTS TO THE ZONING BOARD
OF ADJUSTMENTS AND APPEALS.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION REGARDING
RETENTION OF OLSON & OLSON AS LEGAL COUNSEL .FOR
REPRESENTATION IN BROOKSIDE VILLAGE LITIGATION.
3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - DISCUSSION
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REGARDING TOM LEONARD.
NEW BUSINESS (CONTINUED)
Council returned from Executive Session at 9:20 p.m.
COUNCIL ACTION - APPOINTMENT OF MEMBER(S) TO THE ZONING BOARD OF
ADJUSTMENTS AND APPEALS.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to
appoint the following members to serve on the Zoning Board of Adjustments as Regular
Members; Suzanne Tullis, Clyde Duplissey, Marvin Elam, and Calvin Collier; Alternate
Members; Mario Watkins, Richard Cimprich, and Harold Slagle.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - DIRECTION TO THE CITY ATTORNEY REGARDING RETENTION
OF OLSON & OLSON AS LEGAL COUNSEL FOR REPRESENTATION IN BROOKSIDE
VILLAGE LITIGATION.
Councilmember Cole made the motion, seconded by Councilmember Berger to direct the
City Attorney to retain Olson & Olson as Legal Counsel for representation in the
Brookside Village Litigation.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING POTENTIAL
LITIGATION WITH TOM LEONARD.
Councilmember Cole made the motion, seconded by Councilmember Berger to direct the
City Attorney to communicate with Tom Leonard's legal staff as discussed in executive
session.
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Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:24 p.m.
Minutes approved as submitted and/or corrected this the 26th day of
January , A.D., 1998.
�0
Tom Reid
Mayor
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