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2007-01-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 8, 2007, 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 Darrin Coker Young Lorfing Others in attendance: Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Councilmember Cole 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 Councilmember Saboe wished everyone a Happy New Year and thanked Staff for staying on top of things during the Holidays. He reminded everyone there is still an election going on and Early Voting begins January 8, 2007. Councilmembers Beckman, Tetens, Kyle, and Cole passed on giving reports. CITY MANAGER'S REPORT City Manager Bill Eisen reported Winterfest will be held Saturday, January 13, 2007. Parking will be at Pearland High School with a shuttle running to the event. Page 1 of 12 — 1/8/2007 CITIZENS Hersh T. Hoalgan, 13810 Sutherland Spring Lane, addressed Council and stated he is representing the Pearland Police Officer's Association and read the following statement: Honorable Mayor and City Council, I come before you today as the President of the Pearland Police Officers Association, which is an affiliate of the Texas Municipal Police Association or "TMPA." The PPOA currently represents 97% of the Pearland police officers from Captain on down, therefore I am speaking to you on their behalf. I know that these speeches are normally limited to 3 minutes and I would like to thank Mayor Reid for graciously extending that time so I can complete our prepared statement. On July 24th, 2006, the Pearland City Council passed Resolution 2006-84, which changed numerous sections of the Pearland City Employee Handbook. Two of the sections, more than any others, had a negative impact on not only the police officers of this city, but also all hourly employees. One of the changes reduced the minimum reimbursement for call-backs by 50%. Prior to this change, any time an employee was called back while off duty, they automatically received four hours of overtime pay. This has now been reduced to two hours. We believe that this is not equitable reimbursement. I ask, "Is it reasonable for an employee to be called in during the middle of their sleep, get dressed, gather their equipment, respond to the scene, complete their work, and then return home and try to finish their sleep all for 2 hours of overtime pay?" The second change was a reduction in the amount of comp. time that could be accumulated by each city employee. This comp. time is important to all police officers, but especially those who work weekends, evening shifts, night shifts, and on holidays. Many officers use this accumulated comp. time to take off when most other employees are already off, such as weekends and holidays. This is not to say that as police officers we were not aware of these schedules, but we certainly did not expect to see our overtime and comp. time cut. We have followed the appropriate chain of command to bring these and other issues to light. We spoke with our Chief of Police who was unable to undo these changes. We then spoke with the City Manager, Mr. Eisen, who stated he would review our requests and our suggestions for compromise. One of our suggestions was a nominal compensation of one hour of overtime per day for employees while they are "on-call," as currently, employees don't receive any compensation while they are "on-call." After no response from Mr. Eisen we requested a second meeting. It was after this meeting that Mr. Eisen informed us that he had made the initial changes to the employee handbook and that he did not intend to make any revisions. We asked him if he would schedule a workshop with City Council so that we could openly discuss these issues with you, but he refused, suggesting that we alternatively submit a letter to you with our requests and Page 2 of 12 — 1/8/2007 send it through his office. On October 24, 2006, 1 hand delivered the letters to his office. After four weeks and no response from anyone, we decided to contact the TMPA. Their Deputy Executive Director Kevin Lawrence then sent letters both to Mayor Reid and each council member on November 28, 2006. Again, another four weeks passed with no response, so we decided to address you here tonight. Three business days ago I finally did receive a letter from the Council through Mayor Reid, which was in response to my initial letter from October. The Mayor stated that our request for a workshop was denied since Resolution 2006-84 had already been discussed in a public meeting and passed. We want the Mayor and Council to know that we were completely uninformed of the potential changes to the handbook until after they had already been passed. No one from our city administration approached us to inquire how we might be affected by the proposed changes. If we had known that these changes were even being considered we would have addressed the issue with you early on. The letter I received also stated that there had been changes made to the Civil Service Pay Plan that were comparable to changes supposedly requested by our association. I would like to clarify that we did not request a specific pay plan for this year. In prior years, yes we had submitted pay plans, each of which was rejected by our City Manager, and this year, Mr. Eisen never asked us to submit a pay plan. We only provided a survey of salaries from several other agencies in the area that he felt we were comparable with. Although we greatly appreciate the salary increases and the recent title changes for the supervisors, please know that even with the raises, our salaries are still below average. Also, the reduction in reimbursement for call backs potentially has had more of an impact than the raises for 72% of our officers. When the increased cost of living and the increase in how much we are paying for dependant care medical insurance premiums are taken into account, our employees are now actually making less. Another point to clarify from the Mayor's letter is in regards to our, request for compensation for on-call employees. The letter recommends that we first discuss this with the Chief of Police and the City Manager. Please note that we have already done so. We have already provided our thoughts regarding this issue to both individuals, and it is our understanding that this proposal unfortunately will not be implemented. Since May of 2001 there have been some positive, but also many negative modifications to the benefits plan for Pearland employees. In addition to the changes already mentioned, we would like Council to note the following areas that have greatly impacted us as well: The reduction in vacation time for all new employees; the discontinuation of the Police Take -Home car program for all new -hires as of late 2004; the increased cost of dependant medical insurance premiums; and the reduction in medical insurance benefits. We understand that health care costs have increased over the last several years and that this increase has had to be shared with the employees, but while the health care costs have increased, year after year Pearland continues to Page 3 of 12 — 1/8/2007 contribute an unchanged $87.19 towards family coverage. Most other cities contribute significantly more. In addition to negatively affecting the current City employees, we believe that this has also adversely affected our ability to be competitive with other departments in the hiring process and also to retain good employees in the future, especially police officers. We currently have 13 openings and will have 5 more openings in April. In the past year, we only hired 8 officers, but lost 3 for a net gain of only 5 new officers. The City estimates the population has increased by over 11,600 residents this past year, which translates to hiring 0.4 officers per 1000 residents. It shouldn't be a surprise if the 2006 and 2007 statistics show an increase in our crime rate. Other nearby cities, which have take home car programs, have higher salaries, and better medical insurance; don't have the same problem filling positions that we do. What has Pearland done to attract new police officers and to ensure that we are competitive with other departments? They have increased the starting pay by 3%, which is still less than the Houston area CPI for the year? And unfortunately, they have at the same time reduced many other benefits. According to the FBI, the average number of officers per 1000 residents in the United States is 2.3. Currently the City of Pearland has only 1.2 officers per 1000 residents, which includes officers assigned to the school district, a program that we very much support. Even if every open position was filled, including the 5 additional positions opening in April, we would still only have 1.5 officers per 1000 residents, (again, with 2.3 being the US average.) We believe 1.5 officers per 1000 residents is not enough officers to provide the citizens with a pro -active police department. Although police officers are primarily being represented here tonight, these reductions in benefits have adversely affected other City employees as well. We have been approached by other City employees who have told us that they fear retaliation if they were to speak out since they are at -will employees, so we are addressing you on their behalf as well. Please realize that we did not want to make this a public issue, however our only other means of communication to you was through our City Manager, which has appeared to be ineffective. Most of us live in this city and have a vested interest in its future including its public safety. We are here tonight to build bridges and tear down walls so we can resolve these issues and work together towards a common goal. We also want to develop a good foundation for addressing other concerns that may arise in the future. What we are asking for here tonight is a workshop so that we can have an open and interactive discussion with you about these issues so we can come to a mutual agreement that is beneficial for everyone. In closing, he thanked Mayor Reid and members of City Council for their time. Page 4 of 12 — 1/8/2007 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the December 11, 2006, Regular Meeting held at 7:00 p.m. 2. Minutes of the December 11, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the December 18, 2006, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER HELEN BECKMAN FROM THE DECEMBER 11, 2006 REGULAR COUNCIL MEETINGS HELD AT 7:00 P.M. AND 7:30 P.M. City Council. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING THE APPOINTMENT OF JAMES GILBERT TO THE CIVIL SERVICE COMMISSION TO FILL THE POSITION VACATED BY BRENDA CRAGER. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF A NEW AMBULANCE. Mr. Jeffrey Sundseth, EMS Operations Director. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR IBM HARDWARE AND SOFTWARE MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 5 of 12 — 1/8/2007 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2007-7 — A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $23,250,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-7. City Manager Bill Eisen stated this item relates to Certificates of Obligation for the new Public Safety Building on the West side of the City. This item is the actual authorization to publish the notice of intent to issue, which is part of the process of issuing Certificates of Obligation. The amount to be issued is $23,250,000 and includes all the costs of construction of the new building and modifications of the existing police building. Ryan O'Hara, RBC Capital Markets, Inc., stated the item is simply the authorization of Council to publish the notice of intent to issue Certificates of Obligation. Mayor Reid stated he feels this is a good move for the City. Councilmember Saboe stated the cost is significantly higher than what has been discussed for the project. He is pleased that the City can get this much but wants to be cautious that we do not spend all of it if it is not needed. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1318 — ORDINANCE AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2007; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING Page 6 of 12 — 1/8/2007 AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman to approve Ordinance No. 1318 on its first and only reading, as amended. City Manager Bill Eisen stated this item is the issuance of approximately $40,000,000 in bonds for various improvements to the water and sewer system. The two he would like to emphasize is the cost of the City's participation in the expansion of a water treatment plant owned by the City of Houston and funding for the Southwest Environmental Wastewater Treatment Plan. Both of these are very important to the City of Pearland as the City increases in size. Ryan O'Hara, RBC Capital Markets, Inc., stated the bonds have been issued at the lowest level for the City. Bids were received from 10 companies with Prager, Sealy & Co., LLC. bidding the lowest at 4.426517%. All the bids were verified for accuracy and the actual bid from Pragar, Sealy & Co. has been provided to Council. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to amend Ordinance No. 1318 to reflect bid results. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-27 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING ALL OF MUNICIPAL UTILITY DISTRICT 1 (MUD 1), GENERALLY INCLUDING TRANQUILITY LAKES SECTION 1, TRANQUILITY LAKES SECTION 2, TRANQUILITY LAKES SECTION 3, TRANQUILITY BAY APARTMENTS, SOUTHWYCK SECTION 1, SECTION 2, SECTION 3, SECTION 7 AND SECTION 8, AND STEPPING STONE 3 ADDITION (GENERALLY LOCATED ON THE SOUTH Page 7 of 12 — 1/8/2007 SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST AND WEST SIDES OF OLD CHOCOLATE BAYOU ROAD (COUNTY ROAD 89)), (ZONE CHANGE APPLICATION NO. 2006-38Z), AS CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2), SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3), SINGLE FAMILY RESIDENTIAL — 4 DISTRICT (R-4), MULTI -FAMILY DISTRICT, (MF), AND NEIGHBORHOOD SERVICE DISTRICT (NS), PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-27 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-38Z. City Manager Bill Eisen stated this is the zoning of all of the property previously in Municipal Utility District No. 1 that was annexed into the City of Pearland. This process zones the properties in accordance with the City's Land Use Plan. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-1 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SALE OF PROPERTY HELD IN TRUST BY THE CITY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-1. City Manager Bill Eisen stated this item authorizes the City to conduct Sheriff Sales to sell properties with delinquent property taxes owed to the City and other taxing entities. Maris A. Blair, Linebarger Goggan Blair & Sampson, LLP, stated the City acquires the title to certain properties in trust. This process make the properties excempt from taxes. In an attempt to get these properties back on the tax roll, there will be a property resale conducted by the Brazoria County Sheriff's office. Discussion ensued between Council and Maris A. Blair, Linebarger Goggan Blair & Sampson, LLP regarding the Ordinance. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Page 8 of 12 — 1/8/2007 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE ORANGE STREET IMPROVEMENTS. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2007-4. City Manager Bill Eisen stated there has been an existing contract with GC Engineering for the design improvements to Orange Street. This item is an amendment to this contract to do additional preliminary engineering on the project. Councilmember Saboe stated the Executive Summary states this project could include a Phase One Environmental, if required. He asked if the cost for this is included in the numbers Council will approve. Project Director Trent Epperson stated all costs are included in the numbers being approved by Council. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1317 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING THE NEWLY CONSTRUCTED ROADWAY CONNECTING ALICE STREET TO MCHARD ROAD AS PROFAX DRIVE CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1317 on its first reading. City Manager Bill Eisen stated the City has recently completed a section of road connecting McHard Road and Alice Street. The name Profax Drive is being proposed because this is the largest employer located in the area and the company benefits the City. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe Page 9 of 12 — 1/8/2007 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS EXPRESSING THE CITY'S INTENT TO PARTICIPATE IN A COUNTYWIDE JOINT ELECTION TO BE HELD ON MAY 12, 2007. Mr. Young Lorfing, City Secretary. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-5. City Manager Bill Eisen stated Council previously held a Workshop on this item to join with other entities for Countywide Elections. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 976-1 — AN ORDINANCE OF THE CITY COUNCIL OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 976 AS IT APPLIES TO THE CITY'S MUNICIPAL COURT OF RECORD; PROVIDING CONCURRENT JURISDICTION OF THE COURT WITH DISTRICT COURTS AND COUNTY COURTS AT LAW FOR MATTERS INVOLVING THE ENFORCEMENT OF HEALTH AND SAFETY AND NUISANCE ABATEMENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 976-1 on its first reading. City Attorney Darrin Coker stated this Ordinance will provide the City with concurrent jurisdiction with district courts and county courts at law for matters involving enforcement of health, safety and nuisance abatement ordinances. The court is currently limited to class "C" misdemeanors and this would allow the City to expand that to allow the filing of civil action under Chapter 54 of the Local Government Code. Councilmember Saboe asked if it was the expectation that this will put an additional load on the Court and does this change the term of the judge appointed. Page 10 of 12 — 1/8/2007 City Attorney Darrin Coker stated it is not expected to increase the court workload tremendously. It will be used to handle cases that are not being handled correctly by higher courts. Under Chapter 30, there is flexibility to appoint the judge for 2 -year or 4 - year terms. Discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called a recess at 8:44 p.m. Mayor Reid called the meeting back to order at 9:38 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:30 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 A DIRECTOR OF FIRE SERVICES. Mr. Bill Eisen, City Manager. NEW BUSINESS: Council returned from Executive Session at 10:03 p.m. COUNCIL ACTION — REGARDING THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF FIRE SERVICES. City Council. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve the City Manager's appointment of John Colbath to serve as Director of Fire Services. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 11 of 12 — 1/8/2007 ADJOURNMENT Meeting was adjourned at 10:04 p.m. Minutes approved as submitted and/or corrected this the 22"d day of January, A.D., 2007. f.� Tom Reid Mayor ATTEST: Page 12 of 12 — 1/8/2007