1996-07-08 CITY COUNCIL REGULAR MEETING MINUTESLn
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 8, 1996, 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
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
Councilmember Kevin Cole
City Manager Paul Grohman
City Attorney Amy McCullough
City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City
Engineer John Hargrove; Police Chief Mike Hogg; Emergency Management Coordinator
David Smith; and Parks & Recreation Director Ed Hersh.
Absent: Councilmember Jerry Richardson
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance
was led by former Chamber of Commerce President, Mr. Jack McGuff.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Joint Public Hearing held on June
24, 1996, 7:00 p.m., be approved as presented. The motion was seconded by
Councilmember Cole.
Motion passed 4 to 0.
Councilmember Tetens moved that the minutes of the Regular Meeting held on June 24,
1996, 7:30 p.m., be approved as presented. The motion was seconded by
Councilmember Beckman.
Motion passed 4 to 0.
Wo
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on his activities during the past two weeks which were as follows:
Strategic Planning meeting on June 27th, PEDC Board meeting on July 1st, AARP
meeting on July 2nd, the 4th of July parade in Friendswood on the morning of the 4th,
and the 4th of July festivities in Pearland that evening.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the 4th of July celebration in
Pearland. She commended the community band's great performance. Councilmember
Beckman also thanked the Parks Department and those who took part in planning the
celebration.
Councilmember Tetens reported that he attended the 4th of July celebration and he
commended Ed Hersh and the Parks Department for their excellent presentation.
Councilmember Wilkins reported that he attended the 4th of July parade in Friendswood,
as well as the City of Pearland's 4th of July celebration. He commended Ed Hersh and
the Parks staff for the good job they did on the presentation. Councilmember Wilkins
also commended the Pearland Community Band for their outstanding performance.
Councilmember Cole reported that he attended the 4th of July celebration in Pearland.
CITY MANAGER'S REPORT
City Manager Paul Grohman commended all of the employees and volunteers who
helped put the 4th of July celebration on, but especially pointed out the work done by
Fire Marshall Larry Steed who has done the pyrotechnics for many years. Mr. Grohman
also thanked the Chamber of Commerce, the PTSD, EMS, and the Police Department for
their efforts in the planning of this event.
City Manager Grohman announced that the City of Pearland has been awarded a
$250,000 grant for water and sewer lines on Morenci Street, which will provide us with
the ability to get the service put in at a very minimal cost. He commended Marilyn
Shanklin, Janet Berry and Richard Burdine for their involvement in this process.
Mr. Grohman reported that discussions have continued with Brazoria County Drainage
District #4 with regard to our grant and things look more favorable than they have in the
past. He also announced that the budget for 1996-97 will be presented to Council within
the next 30 days.
.— CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
WE
UNFINISHED BUSINESS: None
NEW BUSINESS:
AWARD OF BID NO. B96-11 - CONSTRUCTION OF INTERSECTION IMPROVEMENTS
WITH SIGNAL MODIFICATIONS.
Councilmember Cole moved to award Bid No. B96-11. The motion was seconded by
Councilmember Wilkins.
City Engineer John Hargrove presented the bids to Council for their consideration and
recommended that the bid be awarded to the low bidder, Ray Ferguson, in the amount
of $469,899.62.
Councilmember Cole updated his motion to award Bid No. B96-11 for the construction
of intersection improvements with signal modifications to Ray Ferguson in the amount of
$469,899.62. The motion was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Tetens, and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
AWARD OF BID NO. B96-8 - CARPET FOR CITY HALL
Councilmember Beckman moved to consider the award of Bid No. B96-8 for carpet for
City Hall. The motion was seconded by Councilmember Wilkins.
Parks & Recreation Director Ed Hersh presented the bids for the carpet for City Hall and
recommended approval of the low bid submitted by Sherwin Williams in the amount of
the $28,999.00. He stated the work would be done on weekends in order to avoid
inconveniencing the staff and noted that it would take approximately three weekends to
complete the work.
Councilmember Beckman amended her motion to award Bid No. B96-8 to Sherwin
Williams for a total cost of $28,999.00. The motion was seconded by Councilmember
Cole.
Councilmember Wilkins stated that the City of Pearland, as well as the Chamber of
Commerce, spends a considerable amount of time and money promoting "shopping in
Pearland" and "keeping our funds in Pearland". He pointed out that of the two bidders,
Sherwin Williams is located in the City of Friendswood and Houston Carpet is located in
the City of Pearland. Councilmember Wilkins stated that although the City is legally
bound to go with the lowest bid, he felt that efforts should be made, in the future, to use `J
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local vendors instead of going outside. City Manager Grohman noted that the Council
has the discretion to accept what they consider to be the best bid; however, there are
strict vendor laws which must be complied with. He pointed out that the only time a city
may restrict the geographic location of the business occurs when it is dealing with bank
depositories.
City Attorney Amy McCullough clarified that the Council is obligated to accept the lowest
responsible bidder, and unless there is a justifiable, rational basis for going with anyone
other than the lowest bidder, it would be most prudent to go that route. She concurred
with Mr. Wilkins concerns, but stated that the City is bound by law to accept the lowest
bid. Ms. McCullough pointed out that legal ramifications could occur if the laws are not
followed. She stated that the vendor/low bidder must be given notification, prior to
Council action, if their bid will not be accepted. This provides the vendor time to respond
to staff's recommendation.
Voting "Aye" - Councilmembers Beckman, Tetens, and Cole.
Voting "No" - Co'uncilmember Wilkins.
Motion passed 3 to 1.
FIRST READING OF ORDINANCE NO. 509-75 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON A
2.0511 ACRE TRACT OUT OF THE PERRY AND AUSTIN LEAGUE SURVEY ABSTRACT
111, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF A 3.632 ACRE TRACT OF
LAND CONVEYED TO W. T. EIGNUS, AS RECORDED IN VOLUME 432, PAGES 407, 408,
AND 411 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2809 LONGWOOD)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF DANIEL D. RUCKER, AGENT FOR
ROBERT E. EIGNUS, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Cole moved for the adoption of Ordinance No. 509-75 on its first reading.
The motion was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Tetens, and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
FIRSTAND ONLY READING OF ORDINANCE NO. 733 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE
PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR PURPOSES OF REGULATING THE REPORTING OFANYGAS LEAK,
PRODUCT LOSS, OR CRITICAL PRESSURE DROP, WHICH MAY INDICATE A POSSIBLE
EMERGENCY, FROM UNDERGROUND PIPELINES AND ASSOCIATED ABOVE -GROUND
VALVES, PUMPS AND CONNECTIONS WITHIN THE CITY OF PEARLAND, TEXAS;
PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED FOR IMMEDIATE NOTIFICATION OF PIPELINE MALFUNCTIONS
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Wilkins made a motion to accept Ordinance No. 733 on its first and only
reading. The motion was seconded by Councilmember Cole.
Emergency Management Coordinator David Smith presented this item for Council
consideration and approval. He explained that, at present, the only obligation a pipeline
company has is to notify D.O.T. when an emergency occurs, and with this ordinance in
force, the City of Pearland will be notified equally. Sixty-four (64) product -carrying lines
have been located and verified within the city limits and ETJ of the City of Pearland, which
constitutes a major problem for the citizens.
City Attorney McCullough explained that the ordinance provides that the owner/operator
of the pipeline contact the Emergency Services dispatcher whenever a malfunction occurs
and provide such information as the location, potential dangers to persons and property
in the vicinity, proposed remedies, and the estimated time required to correct the
malfunction.
Voting "Aye" - Councilmembers Beckman, Tetens, Wilkins, and Cole.
Voting "No" - None.
Motion passed 4 to 0.
ACCEPT RECOMMENDATION OF PLANNING AND ZONING COMMISSION
REGARDING APPLICATION NO. 65 - REQUEST OF SWANELLE SPRADLEY, AGENT
FOR TED K. SPRADLEY, OWNER, FOR AN AMENDMENT TO THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT, INDUSTRIAL COMPATIBLE (SD -1) TO HEAVY
INDUSTRIAL DISTRICT (M-2).
Councilmember Tetens moved to accept the recommendation of the Planning & Zoning
Commission that Application No. 65 be denied. The motion was seconded by
Councilmember Beckman.
Mayor Tom Reid read the letter of recommendation from the Planning & Zoning
Commission that Application No. 65 be denied.
City Manager Grohman explained that an ordinance had not been prepared based on the
recommendation from the Planning & Zoning Commission; however, if the Council chose
to override their decision, one would be prepared.
Councilmember Beckman noted that it was certainly Council's option to change a
recommendation, but she heartily supported the recommendation of the Planning &
Zoning Commission because the request centers around heavy industry which would be
located next to an R-1 residential district, and this is not normal policy.
Voting "Aye" - Councilmembers Cole, Wilkins, Tetens and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:22 p.m.
Minutes approved as submitted and/or corrected this the o� day of
A. D., 1996.
ATTEST:
0
Y*ryda C. B
City Secretary
Tom Reid
Mayor
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