1988-08-08 CITY COUNCIL REGULAR MEETING MINUTESMIlM OF A RDGULAR M MMM OF THE CITY CM1CIL OF THE CITY OF PEARL4ND, TEXAS, HEID
ON AUGUST 8, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Stella Roberts
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Interim City Attorney
Assistant City Manager
Public Works Director
City Secretary
r I is U P 0.cr 1 a
William Wolff
James Bost
Richard Tetens
David Smith
Ronald J. Wicker
Robert Talton
Donald Birkner
Bill Thomasset
Kay Krouse
The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Don
Sandridge, Commander of VFW Post 7109.
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the
Minutes of the Regular Meeting of July 25, 1988, be approved as presented.
Motion passed 5 to 0.
MAYOR'S ACTIVITY FO�M?T
Mayor Reid issued a proclamation proclaiming the week of August 22-28, 1988, as the
Roy Sanchez Family Benefit Week in Pearland. Mayor Reid spoke to Mr. Sanchez
commending him for his help to people and organizations in the past and stated that
it is now time for the people of Pearland to help the Sanchez family. At this time,
the following organizations are involved in this benefit: Pearland VFW Post 7109,
Ladies VFW Auxiliary 7109, Pearland Elks Lodge, Elks Ladies Auxiliary, Pearland Lions
Club, Lions Ladies Auxiliary, Pearland Rotary Club, Chamber of Commerce, Pearland
Dad's Club, Knights of Columbus, Military Order of Cooties Pt 19, Military Order of
Cooties Pt 19 Auxiliary and Disabled American Veterans.
1. LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES
NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 18
Mr. Art Storey of Bernard Johnson, Inc. began the Hearing reading from a prepared
statement in which he explained that this hearing was a repeat of the first of two
public hearings required by SB 336 for cities which currently, or propose to in the
future, charge capital recovery fees. At the initial hearing on the Land Use Assump-
tions held on May 16, some specific questions were raised about the Assumptions.
.Because of this, additional meetings were held between the planning team, City Staff
and the Advisory Committee and some adjustments were made to those land use
assumptions. So tonight's hearing is on these revised assumptions.
A42
Charles Kalkomey, Bernard Johnson, Inc., described the two exhibits showing the
revised land use assumptions. The revised assumptions still provide for a total of
4930 connections, i.e., 4730 residential, 190 commercial, and 10 industrial with this
growth projected to occur in 16 areas inside the city limits as well as our ETJ.
The time frame of this projection is 10 years.
PUBLIC COMMENT
The following individuals, living in our ETJ, questioned their involvement with this
study plan:
1. Walter E. High, 2518 Ash Road.
2. Craig M. Carothers, 16811 C.R. 831
3. Fred Franks, Manvel Terrace
4. Nellie Reiler, 2502 Ash Road
5. Rose Stevenson, 2542 Ash Road
The following individuals spoke in opposition to the impact fees:
1. Carlton McComb, 3914 Shadycrest
2. Steve Jankowski, 3412 Windsor
HEARING ADJOURNED
COMPUTE TAPE OF BEARING IS ON FILE IN TtE OFFICE OF ME CITY SECRETARY
MEETING RECESSED AT 8:37 P. M.
MEETING RECONVENED AT 8:49 P. M.
LV FINISHED BUSU% SS
Councilmember Wolff left the Council Chambers.
ORDINANCE NO. 554, ORDINANCE UPDATING SERVICE CREDITS THROUGH TEXAS MUNICIPAL
RF't'TRF - SYSTEM
Ordinance No. 554 was read in caption by Councilmember Smith. (Second Reading)
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance
No. 554 be passed and approved on the second and final reading. Said Ordinance No.
554 reads in caption as follows:
ORDINANCE NO. 554
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM
FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY
ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVIDING FOR INCREASED
PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF
DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR
SUCH ACTIONS.
Voting "Aye" - Councilmembers Smith, Tetens, Roberts and Bost.
Voting "No" - None.
Motion passed 4 to 0.
Councilmember Wolff returned to Council Chambers.
NEW BUSINESS
RESOLUTION NO. R88-23, RESOLUTION APPROVING THE LAND USE ASSU14PTIODS
Resolution No. R88-23 was read in its entirety by Councilmember Tetens.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution
No. R88-23 be passed and approved on the first and only reading. Said Resolution No.
R88-23 reads in caption as follows:
87
RESOLUTION M. 888-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE LAND USE ASSUMPTIONS AS RECOMMENDED BY THE CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE; AND INSTRUCTING THE CONSULTANT TO PROCEED WITH THE
PREPARATION OF A CAPITAL IMPROVEMENTS PLAN AND ASSOCIATED IMPACT FEE PER
SERVICE UNIT.
Voting "Aye" - Councilmembers Tetens, Roberts and Bost.
Voting "No" - Councilmembers Smith and Wolff.
Motion passed 3 to 2.
RESOLUTION NO. R88-24, CALL OF PUBLIC HEARING TO CONSIDER ADOPTING A CAPITAL
IMPROVEMENTS PLAN AMID IMPOSING AN IMPACT FEE
Resolution No. R88-24 was read in its entirety by Councilmember Roberts.
It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that
Resolution No. R88-24 be passed and approved on the first and only reading. Said
Resolution No. R88-24 reads in caption as follows:
RESOLUTION NO. 888-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAM, TEXAS, CALLING
A PUBLIC HEARING FOR SEPTEMBER 19, 1988, TO CONSIDER AND DISCUSS THE
ADOPTION OF THE CAPITAL IMPROVEMENTS PLAN AND THE ADOPTION OF AN IMPACT
FEE FOR CAPITAL RECOVERY.
Voting "Aye" - Councilmembers Bost, Roberts and Tetens.
Voting "No" - Councilmembers Wolff and Smith.
Motion passed 3 to 2.
RECEIVE INTO THE REJCOFM THE 1988 APPRAISAL ROLA CERUTICATION FROM BRAZORIA COUNTY
APPRAISAL DISTRICT AND ACCEPTANCE OF THE 1988 APPRAISAL ROLL
The Certification of the 1988 Appraisal Roll for the City of Pearland, as submitted
by J. R. Gayle, Jr., Chief Appraiser, was read into the records by Ms. Barbara
Lenamon, Tax Assessor -Collector. It reads as follows:
BRAZORIA COUNTY APPRAISAL DISTRICT
STATE OF TEXAS
BRAZORIA COUNTY
CERTIFICATION OF THE 1988 APPRAISAL ROLL FOR - -CITY-OF-PEARLAND.-
In compliance with Section 26.01 of the State Property Tax Laws, "submission of rolls
to taxing units," notice is hereby given, to -wit:
The Brazoria County Appraisal Review Board meeting on July 15, 1988, duly approved
the 1988 Appraisal Rolls for your entity for certification as follows:
TAXABLE VALUE FUR 1988 APPRAISAL ROUL
TOTAL TAXABLE VALUE $ - 562,461,502
ES 'INATED TAXABLE VALUE FOR THE 1988 SUPPIDGMAL ROLA.
(Properties Still Under Protest)
BCAD APPRAISED VALUE
$ 1,694,570
VALUE CLAIMED BY OWNER
$ 847,285
SUMMARY:
Taxable Value for 1988 Appraisal Roll
*Estimated Taxable Value for 1988
Supplemental Roll
Net Taxable Value
$ 562,461,502.---
$- 847,285
$ 563,308,787
I, J. R. Gayle, Jr., Chief Appraiser for the Brazoria County Appraisal District, do
hereby certify the correctness of the rolls as approved by the Appraisal Review
Board's action.
/s/ J. R. Gayle, Jr., Chief Appraiser .July --25, 1988
Date
Ms. Lenamon also submitted the 1988 Appraisal Rol l which she said appears to be in
order.
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Council
officially receive into the records the 1988 Appraisal Roll Certification as
submitted by J. R. Gayle, Jr., Chief Appraiser and the 1988 Appraisal Roll as
presented.
Motion passed 5 to 0.
CALL OF MEETING TO DISCUSS TAX RATE AMID SCBEME PUBLIC HEARIM ON SAME
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that a
Special Meeting be called for Tuesday, August 16, 1988, to discuss the tax rate.
Motion passed 5 to 0.
AWARD OF BID NO. B88-14, CIEMMU, TELEVISING AND LINING OF APPROXIMATELY 470 FEET OF
SANITARY SEWER LINE ON WALNUT STREET
Council reviewed the following bid:
COMPANY LUMP SUM BID BID BOND
INSITUFORM GULF SOUTH, INC. $ 29,821.50 X
City Manager Ron Wicker explained this project will enhance the flow characteristics
of the line and in that regard, we can use Capital Recovery fees to fund this.
In Council discussion, it was determined the bid was a unit price bid, and a decision
could be reached, after cleaning and televising the line on whether or not the line
can be saved.
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Bid No.
B88-14, Cleaning, Televising and Lining of Approximately 470 feet of Sanitary Sewer
Line on Walnut Street, be awarded to Insituform Gulf South, Inc. in the amount of
$29,821.50.
Motion passed 5 to 0.
ORDINANCE NO. 421-5, ORDINANCE AMENDING SECTION 27-4(D)(6) OF CITY CODE OF
ORDINANCES, BOLD HARM MS AMMEW AND REPEAT -NG ORDINANCE NO. 421-4
City Manager Wicker explained that this Ordinance corrected some of the wording in
the Hold Harmless Agreement.
Ordinance No. 421-5 was read in caption by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance
89
No. 421-5 be passed and approved on the first of two readings. Said Ordinance No.
421-5 reads in caption as follows:
ORDINANGE ND. 421-5
AN ORDINANCE AMENDING SECTION 27-4(D)(6) OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, BY CHANGING THE LANGUAGE OF THE HOLD HARMLESS
AGREEMENT, AND CONTAINING A REPEALING CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION ND. R88--25, RESOLUTION 04IMM CHARM FUR THE USE AND SERVICE OF nE
SEWAGE SYSTEM OF THE CITY OF PEARI AN D
City Manager Ron Wicker advised the increase will be 10/ over the minimum and will
bring us in line with what we feel will be the proper rate for the level of service.
Resolution No. R88-25 was read in its entirety by Councilmember Wolff.
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution
No. R88-25 be passed and approved on the first and only reading.
In Council discussion, it was was brought out that the issues of filling swimming
pools and the use of sprinkler systems and not being charged a sewer charge for this,
need to be addressed. Mayor Reid asked Councilmembers Wolff and Roberts to work with
Staff on these issues with the possibility of amending the Resolution at some future
date.
Said Resolution No. R88-25 reads in caption as follows:
R1=U"ION NO. R88-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING
CHARGES FOR THE USE AND SERVICE OF THE SEWAGE SYSTEM OF THE CITY OF
PEARLAND, TEXAS, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE
CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff.
Voting "No" - None.
Motion passed 5 to 0.
RE9OUMON NO. R88-26, RESOLUTION PEDCWx (RADS FOR WATER SERVICE FU NLLSEED BY
THE CITY OF PEARIAND
Resolution No. R88-26 was read in its entirety by Councilmember Smith.
It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution
No. R88-26 be passed and approved on the first and only reading.
In Council discussion, it was suggested by Councilmember Wolff that a fee be charged
for the use of commercial sprinkler systems. Mayor Reid asked Staff to investigate
this issue with the possibility of amending the Resolution at some point in the
future.
Said Resolution No. R88-26 reads in caption as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING
CHARGES FOR WATER SERVICE FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30,
ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS
WATER SERVICE RATE SCHEDULES; AND'PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R88-272 RE90LLTPION DETERMIND G CHARGES FUR GARBAGE AND TRASH SERVICE
FURNISHED BY THE CITY OF PEARLAND
Resolution No. R88-27 was read in its entirety by Councilmember Tetens.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution
No. R88-27 be passed and approved on the first and only reading. Said Resolution No.
R88-27 reads in caption as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING
CHARGES FOR GARBAGE AND TRASH SERVICE FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 12, SECTION 12-31 OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 555, ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PEARLAND AND BEST WASTE SYSTEMS, INC. FOR DISPOSITION OF SOLID
WASTE
In a discussion between Council and Staff, some areas of concern were pointed out.
One being that there may be a problem with the garbage being hauled to a site in
Galveston County; also some wording needs to be put into the contract giving us
assurance that Best Waste will accept our garbage over the duration of the contract.
In addition, Council felt that in several other sections the wording needed to be
clarified. Mayor Reid asked Councilmember Wolff to continue to work with Staff on
this contract.
Mayor Reid advised this item would be passed to a future agenda.
APPROVAL OF CONCEPT OF TERMS OF CONTRACT BETWEEN PEARLAND INDEPENDENT SCHOOL DISTRICT
AND CITY OF PEARLAND ON CONSOLIDATION OF TAX COLIE CTIONS
Council, after discussion with Staff and the interim City Attorney, concluded there
were some areas of concern which needed to be workshopped in more detail.
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that this item
be passed to a future agenda.
Motion passed 5 to 0.
MEETING RECESSED TO EXECUTIVE SESSION AT 10:34 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Reid read, from the posted agenda, the topics to be discussed in Executive
Session.
lulDxwW !�i'.I Ikil;i I� /j11�Z� aa+►�.y .. i� �iyi�if�.K�f Up
Mayor Reid read the following items which were discussed in Executive Session and
signed a certification to that effect:
UNDER SUBSECTION (e) LEGAL - Council discussed with interim City Attorney the case of
Robert M. Challenger and Janice Kay Challenger vs. City of Pearland and Robert
Harding.
UNDER SUBSECTION (g) PERSONNEL - 1) Council discussed with City Manager personnel
reclassification plans and 2) Council had discussion with City Manager regarding
department head.
NEW BUSIl4ESS (CONTINUED)
91
RATIFICATION OF TMCMnON OF I PARMVT IM EFFWnW SWMMR 30, 1988
It was moved by Cotncilmember Wolff, seconded by Councilmember Tetens, that based on
Chief of Police Bob Riemenschneider's letter of intent to resign, dated July 28,
1988, Council terminate his employment effective September 30, 1988.
Motion passed 3 to 0. Councilmembers Roberts and Bost abstained.
ADJOURN
Meeting adjourned at 11:52 P. M.
Minutes approved as submitted and/or corrected this c
A. D., 1988.
ATTEST:
City Setary