1998-09-28 CITY COUNCIL REGULAR MEETING MINUTES-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 28,1998, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Attorney
City Secretary
Tom Reid
Larry Wilkins
Helen Beckman
Richard Tetens
William Berger
Klaus Seeger
Darrin Coker
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Grants Director Janet Berry; Planning and Development Director
Dennis Smith; Director of Finance David Castillo; Director of Administrative Services Mary
Hickling; Assistant Director of Administrative Services Wendy Standorf; Public Works
Director Jerry Burns; Emergency Management Coordinator David Smith; Purchasing Officer
Gordon Island; EMS Director Keith Bonner; Executive Secretary Laurie Harrist; Assistant
Executive Director PEDC John Bowman and Project Specialist Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was led
by Public Works Director Jerry Burns.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
the minutes of the July 27, 1998 Joint Public Hearing held at 6:30 p.m., the minutes of the
September 14, 1998 Joint Public Hearing held at 6:30 p.m., the minutes of the September
14, 1998 Special Meeting held at 7:00 p.m., and the minutes of the September 14, 1998
Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Keep Pearland Beautiful Executive Director, Delores Fenwick, and Chairperson forthe Hike
and Bike Trail Committee, Councilmember Helen Beckman, presented a check in the
amount of $19,000 as matching funds to the City for the Hike and Bike Trail.
Mayor Reid presented a Proclamation to Nell Fuller proclaiming the month of September
1998, as "American Business Women's Month."
Mayor Reid presented a Proclamation to representatives of the Pearland High School's
F.F.A. and 4-H Club proclaiming the week of October 3 through October 10, 1998, as
"F.F.A. and 4-H County Fair Days."
Mayor Reid presented a Proclamation to Naomi Taylorwith the Brazoria County United Way
proclaiming the month of October 1998, as "United Way of Brazoria County Month."
Mayor Reid reported that on September 15 he attended the HGAC Board of Directors
Meeting, Trees for Pearland Meeting, Chamber Mixer at the 11' Community Bank and the
Library Board Meeting; September 16-18 he attended the TML Risk Pool Board of Directors
Meeting; September 21 he attended the Tri -County School to Work Meeting; September 24
he attended the Chamber Legislative Reception and on September 28 he attended the TML
Legislative Committee Telecommunications Meeting.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Beckman reported that on September 15 she attended the Library Board
Meeting; September 16 she attended the Brazoria County Cities Association Meeting in
Danbury; September 19 she had a tour of the Dad's Club Facility; September 21 she
attended the Citizens Police Academy Alumni Meeting and on September 25 she attended
the Leadership Council at the Chamber.
Councilmember Tetens stated that he did not have anything to add.
Mayor Pro -Tem Wilkins reported that he attended the September Lions Club Meeting and
also had the opportunity to go to the Houston Eye Bank Quarterly Meeting. He serves on
the board, as a member of the Pearland Lions Club.
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10.
r— Councilmember Berger stated that on September 24 attended the Legislative Luncheon at
the Chamber.
Councilmember Seeger stated that he did not have anything to add.
CITY MANAGER'S REPORT:
None.
CITIZEN'S:
Bill Baldy, 3302 Wingtail, addressed Council and expressed his concerns about the water
problems that the residents of West Lea are having with their current water provider. He
further stated that he would like to see the City go through the CCN hearing with the
TNRCC. He asked that the Council to work together as a team.
D.A. Miller, 2707 Pinecone, addressed Council and stated that he has been a resident of
Pearland for the past 40 years, past Councilmember for the City of Pearland, and past
President of Brazoria County Cities Association. He further stated that he will be speaking
on behalf of Joy Colson, Jim Deshazer, Benny Frank, Terry Gray, and Carlton McComb. Mr.
Miller said that they represent approximately 50 years of City government experience, and
on behalf of the group, he wanted to express their appreciation and approval of the
termination of City Manager, Paul Grohman, and to compliment and support those on
Council that had the wisdom and courage to vote for the dismissal.
Joy Niday Colson, 2701 Pine Cone, addressed Council and stated that she has been a
resident of Pearland for 20 years, and she served on City Council from 1991 until 1994.
Ms. Colson also said that she was dedicated to serve the community to the best of her
ability, and that she was concerned over Paul Grohman's management styles. She said
that she evaluated Paul Grohman poorly; citing intimidation and threats as inappropriate,
and she was told that she would be recalled if she voted to terminate him. She also stated
that recall petitions have began to circulate, and' said once again the issue of recall has
raised its ugly head in this community. Once again Mr. Grohman's employment is an issue.
Recall was not instituted in the City Charter as a means to intimidate or control the
Councilmembers vote. She addressed a lawsuit that she and several others are involved
in. She said that she has endured harassment, humiliation, and false accusations before
a Grand Jury. According to that recall, she was deemed a criminal. She continues to
pursue a lawsuit against Paul Grohman, Mike Hogg, Jack and Stella Roberts; It has been
going on for the last 5 years. Ms. Colson stated that she applauds the majority of Council
that had the insight and courage to exercise their right as dictated by the Charter to fire the
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City Manager, and she challenged the citizens to educate themselves on what has really
been happening at City Hall.
DOCKETED PUBLIC HEARING: NONE
CONSENT AGENDA:
Mayor Reid asked Council if they would like to remove anything from the Consent Agenda.
Council did not remove any items to the Consent Agenda.
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-239 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE
PERMIT TO ALLOW FOR THE MACHINING, FABRICATION, AND
MANUFACTURING OF PLASTIC, RUBBER, AND METAL
PRODUCTS, WITHOUT THE EMISSION OF DETECTIBLE DUST,
ODOR, SMOKE, GAS OR FUMES BEYOND THE PROPERTY LINES
OF THE LOT OR TRACT UPON WHICH THE USE IS LOCATED
AND CHANGING THE LAND USE FROM SUBURBAN DISTRICT
(SD) DISTRICT TO COMMERCIAL DISTRICT (C) ON THE
FOLLOWING PROPERTY BEING 4.9902 ACRES, THE N'/z OF LOT
47, H.T. & B.R.R. CO. SURVEY, SECTION 85, A-304 ACCORDING
TO THE PLAT RECORDED IN VOLUME 2, PAGE 107, BRAZORIA
COUNTY, TEXAS (1939 C.R. 93) (SPECIFIC USE PERMIT NO. 65)
AT THE REQUEST OF THOMAS AMUNDSEN, 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.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-234 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING 3.9507 ACRES OUT OF A
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111
4.846 ACRE TRACT UNDER BCCF 93-035649 OUT OF THE H.T. &
B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA CO.,
TX (APPLICATION NO. 349) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT
THE REQUEST OF MELVIN DILLING, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-235 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING LOT 37, WESTCHESTER
SUBDIVISION, ACCORDING TO THE H.T. & B.R.R. CO. SURVEY,
A-242 RECORDED IN THE PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 322)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT
THE REQUEST OF JESSIE P. SCOTT, 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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-237 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING 38.699 ACRES, OUT OF
THE S Y2 OF THE SE 1/4, H.T. & B.R.R. CO. SURVEY, A-546,
RECORDED IN VOL. 84, PG. 313, DEED RECORDS OF BRAZORIA
CO., TX (SPECIFIC USE APPLICATION NO. 64) CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R -1S) AT THE REQUEST OF R. WEST
DEVELOPMENT, AGENT, FOR RAVENWOOD SECTION 2,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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12 i
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 609-238 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF
THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(APPLICATION NOS. 336, 324, 331, 314, & 330) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) ATTHE REQUEST OF
THE OWNERS OF SUCH REAL PROPERTY, 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 Beckman, made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance Nos. 509-239, 509-234, 509-235, 509-237, 509-238 on their second
and final reading as presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
None.
NEW BUSINESS:
MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO.
509-236.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to remove
Ordinance No. 509-236 on its first reading.
Page 6 of 16 - 9128
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Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-236 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N.O. 509,
THE LAND USE AND URBAN DEVEL?.OPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED ON tEING A 4 -ACRE PARCEL OUT OF LOT 8,
THE SE 1/4 OF THE NE 1/4, H.T. & B.R.R. CO. SURVEY A-509, PLAT RECORDS OF
BRAZORIA CO., TX AND BEING A 2 -ACRE PARCEL OUT OF LOT 8, KNOWN AS
TRACT 1, THE SE 1/4 OF THE NE 1/4, H.T.&B.R.R. CO. SURVEY, A-509, PLAT
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 282) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
(C) AT THE REQUEST OF H. WAYNE WHITT, 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 Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-236 (Application No. 282) on its first reading; contingent
upon the restriction being placed upon the permit for mini storage buildings only on this
particular commercial property.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 282.
Councilmember Tetens stated that the last time this item was tabled, he had asked staff
if the owner would agree to restrict the business he has now which is mini storage.
Planning and Development Director Dennis Smith stated that the property owner would
like to keep the property as mini storage and would like to do some improvements to the
property.
City Attorney Darrin Coker addressed Council and stated that he is concerned about
entering into a contract with this individual, and the effect that it may have on new property
owners in the event the property was sold. He said that he would like to further review this
matter.
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After discussion among the Staff, City Attorney, and Council regarding this issue, Mayor
Reid called for a vote on this issue.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING AN APPLICATION FROM ALAN J. ASCHENBECK,
CONTRACTOR FOR AGGREKO TO INSTALL A PORTABLE OFFICE AND BATHROOM
IN BACK OF THE PROPERTY AT 3721 MAGNOLIA.
Mayor Pro -Tem Wilkins, made the motion, seconded by Councilmember Tetens, to
approve the application from Alan J. Aschnebeck, Contractor for Aggreko to install a
portable office and bathroom building in back of the property at 3721 Magnolia.
Planning and Development Director Dennis Smith addressed Council and stated the
portable building meets all of the code requirements, and it will be placed behind the
existing buildings and will not be able to be seen from Magnolia or Hwy 35.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-56 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE RIGHT TO APPLY FOR
THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS FOR THE
CURRENT YEAR, REQUESTING THAT BRAZORIA COUNTY RECEIVE THE WAIVED
FUNDS, AND AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO
PARTICIPATE IN THE JUVENILE CRIME ENFORCEMENT COALITION CREATED BY
BRAZORIA COUNTY.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to approve
Resolution No. R98-56.
Chief Hogg addressed Council and stated that the grant is a little more than $7,400. It is
not enough money to do anything with, and Chief Hogg recommended that the City waive
the grant and forward the funds to the Brazoria County Juvenile Probation Department in
conjunction with Alvin and Angleton. That would give them enough money to hire another
Page 8 of 16 - 9/28
Probation Officer, and would allow us to sit on the board to oversee the distribution of the
Probation Officers.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - ESTABLISHING A DATE FOR A PUBLIC HEARING FOR
PRESENTATION OF FACTS PERTINENT TO THE RECALL PETITION FOR COUNCIL
POSITION NO. 4.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to allow
Mr. Berger to hold the Public Hearing for his Recall Petition on Monday, October 5, 1998,
7:00 p.m.
City Attorney Darrin Coker briefed the Council on the legal procedures for calling a Public
Hearing pursuant to the City Charter regarding the recall procedures. Mr. Coker stated that
Mr. Berger has been out of town, and he has talked to the Mayor and Mr. Coker about
waiving the time period as stipulated in the Charter, if the Council is in agreement, to have
the hearing on October 5, 1998.
David Miller, 2706 Shady Creek, addressed Council and expressed his concerns
regarding the setting of the public hearing for Mr. Berger, which may be in violation of the
City Charter since it will be passed the time stipulated in the Charter. He further stated that
he is not for or against holding the hearing. He said that Mr. Berger deserves a hearing
and should have one. Mr. Miller asked the Council to please watch the charter, he knows
that it is inadvertent that these dates come up, but it is very important when you get to the
legal aspect of doing things by following the Charter and the Open Meeting Act.
Charlie McMurray, 2209 Spring Branch Drive, addressed Council regarding the
requirements of the Recall petitions pursuant to the City Charter. He stated that the charter
is very vague on the recall issue. Mr. McMurray said that he has, in the past, requested
the Charter Review Commission to clean up the language; specifically what it requires to
recall a City Manager. Mr. McMurray further stated that if Councilmember Berger is going
to be recalled, it is the obligation of the remaining four Councilmembers to determine if the
recall petitions are valid, before he is subjected to the cost of a recall election. He also
stated that when the Charter Commission convenes again it is time to "clear up" the
language and determine exactly how many votes it takes to fire the City Manager and
recall a Councilmember.
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City Attorney Darrin Coker addressed Council and stated that he wanted to respond to
Mr. Miller's comment and stated that the Charter is for the protection of the member being
recalled. However, the member requested that it be on October 5`h and he had discussed
this with the Mayor Reid and decided to put it on this agenda and if the Councilmembers
decide to waive that requirement of the Charter, the Councilmembers would not be in
violation of the charter.
Mayor Pro -Tem Wilkins stated that he will be voting no for a matter of principal, he stated
that he thinks it is ridiculous that we are in the process of doing this. He further stated that
Mr. Berger is entitled to his hearing. If enough citizens are upset with him, they ought to
patiently wait until his term is up and voice their concern at that time.
Voting "Aye" Councilmembers Seeger, Tetens, and Beckman.
Voting "No" Mayor Pro -Tem Wilkins.
Voting "Abstain" Councilmember Berger.
Motion Passed 3 to 1, with 1 abstention.
COUNCIL ACTION - AWARD OF BID NO. B98-055 WATER AND SEWER MATERIALS.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
award Bid No. B98-055 for Water and Sewer Materials to Hughes Supply, Inc., for the
total bid in the amount of $82,622.20.
Public Works Director Jerry Burns reviewed the bids received for water and sewer
material, and recommended that Bid No. B98-055 be awarded to Hughes Supply, Inc., in
the amount of $82,622.20.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
MOTION TO REMOVE FROM THE TABLE, AWARD OF BID NO. B98-39 FOR MEDICAL
AND LIFE INSURANCE FOR THE CITY OF PEARLAND EMPLOYEES.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
remove from the table the awarding of Bid No. B98-39 for Medical and Life Insurance for
the City of Pearland Employees.
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Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AWARD OF BID NO. B98-39 FOR MEDICALAND LIFE INSURANCE
FOR THE CITY OF PEARLAND EMPLOYEES.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to place
on the table for the discussion the awarding of Bid No. B98-39 for Medical and Life
Insurance for the City of Pearland Employees.
David Miller, 2706 Shady Creek, addressed Council and stated that it is his understanding
that there are staff recommendations to take the TML bid, and it is his understanding that
there are two other lower bids. One by Aetna and one by Prudential. He said he has no
interest on who gets the bid; he is talking as a tax payer. He said he had requested some
information but did not get it from all carriers. Mr. Miller quoted insurance cost and
comparisons. He further stated that he does not know enough to tell Council what he
would recommend, but as a taxpayer he requested that the Council review the bids.
Joe Martin, 1801 McGinnis Drive, addressed Council and stated the City could save a
minium of $ 285,000 on the City's cost based on "apples" to "apples" with the two tiered
rates. If the entire group is taken into consideration a minimum of $412,000. Mr. Martin
further stated that if 30% or 40% of these folks take the HMO, which he thinks they will do,
there will be a half of a million dollars' savings. He asked the Council to consider this for
the City people. He also stated that whoever gets the bid is fine, but do it for the City of
Pearland.
Eddie Hebert, 2305 Piney Woods Drive, addressed Council and stated that he is a
manager with Prudential Insurance. Once he heard of the possible staff recommendation
staying with TML, he wanted to give the Council information regarding the City of
Friendswood, Webster, and Pasadena; all of these cities switched from TML to Prudential.
He said the proposal they offered the City of Pearland there is a saving of more than
$285,000. He further stated that if staff is recommending staying with TML "status quo,"
maybe the Council needs to investigate a little further before accepting any
recommendation to stay with TML for the City of Pearland.
Susan Smith TML Representative, addressed Council and stated that TML only services
Cities throughout the State of Texas. Therefore, they are familiar with serving cities and
municipal employees. She further stated that TML's rates went down 10% this year and
a medical trend is 10% because the City had a good health history last year. She said that
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they have a very large provider list, and extremely competitive rates from their providers.
She also explained how TML's Flex (Section 125) program works, and explained how
TML administers COBRA. Also, TML is able to provide a tiered rate premium structure;
providing the afford ability for more employees to have dependent coverage. She also -
stated that she feels that the City is looking at two totally different plans.
Director of Administrative Services Mary Hickling and Gordon Island Purchasing Officer
gave a presentation to Council; recommending that the City award the bid to TML. There
is an approximate savings of $63,000 over last year's rates, and she further stated that
she does not know where the $285,000 or the half of a million dollar figures are coming
from. Ms. Hickling informed Council of the City's Bid Proposal Specifications, and what
was submitted by the insurance companies. She also explained the differences in the
proposals, and the various monetary effect it will have on the employees, i.e., dependant
coverage.
Purchasing Officer Gordon Island addressed Council and stated that the cost comparison
for the employee and dependent coverage that he has come up with runs at $233,401.92.
That compares the current cost from TML to Prudential's new bid proposal, not TML's new
bid, and that he assumes that is why the numbers relate more to the $285,000 that was
previously mentioned. The cost difference between the TML proposal and Prudential
proposal is $158,736.48. That is a direct comparison of annual cost between TML and
Prudential. Mr. Island stated that Prudential is lower by that figure.
Mayor Reid asked Ms. Hickling and Mr. Island to restate the recommendation to Council
before we move forward.
Ms. Hickling stated that after reviewing all the bids, it is our opinion that the Texas
Municipal League provides the best insurance for our employees; certainly not the
cheapest, and they were not the lowest bid. We never claimed that they were, and there
were different factors that led us to believe that TML is the best choice at this time.
Councilmember Tetens stated that at the last Council Meeting, Prudential had been
recommended, and the reason we did not act on it at that time, was for Council to further
study. He said in looking at the study, it does not look like to him that the vast majority of
the employees are in favor of TML, and stated that he does not have enough information
to make a discussion.
Mayor Pro -Tem Wilkins stated that he is concerned about the number of employees that
do not have coverage for their family members. He said if the City has better rates for the
coverage, perhaps more employees could afford to get on the insurance plan.
Councilmember Berger stated that he had recently read an article in the Texas Towns
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and Cities magazine, about three cities that had changed their coverage. They had so
many problems, they went back to TML.
Councilmember Seeger confirmed that the insurance rates are guaranteed.
Mayor Reid stated that these are one year policies.
Councilmember Beckman stated that the Council wants a good policy for employees, and
also watch the tax dollars.
Mayor Reid stated that it appears that the Council is not ready to make discussion tonight.
He asked if the Council could have more information in their packets for a special meeting
next Monday, or have the additional information available at the next Regular Council
Meeting.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to table
the awarding of Bid B98-039.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-240 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING A TRACT OF LAND CONTAINING 68.958 ACRES,
MORE OR LESS, LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY, SECTION 2,
ABSTRACT 507, BRAZORIA COUNTY, TEXAS, BEING OUT OF AND A PART OF A
CALLED 104.401 ACRE TRACT TO CHARLES F. ALEXANDER, OF RECORD IN
VOLUME 86268, PAGE 586 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS, AND ALSO BEING A PART OF LOTS 3 THRU 8, AND 13 OF THE L.W.
MURDOCK SUBDIVISION, OF RECORD IN VOLUME 29, PAGE 174 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 364) (CORNER OF
JOHN LIZER AND PEARLAND PARKWAY) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-1, R-2) AND COMMERCIAL DISTRICT (C) TO SINGLE FAMILY
DWELLING DISTRICT (R-4) AT THE REQUEST OF KEN CAFFEY, AGENT, AMVEST
PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
Page 13 of 16 - 9/28
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-240 (Application No. 364) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 364.
There was lengthy discussion between Council, Staff, and Developer Clinton Wong,
regarding this land use change. The main concern of Council is that this will create
more high density residents in the City by allowing more R -4's.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to
table Ordinance No. 509-240 (Application No. 364) on its first reading for further study.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-241 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 335, 325, 327, 337,
355, 356, 334, 338, & 350) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
THE OWNERS OF SUCH REAL PROPERTY, 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 Berger made the motion, seconded by Wilkins, to approve Ordinance No.
509-241 (Application Nos. 335,325,327,337,355,356,334,338, & 350) on theirfirst reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 335,325,327,337, 355,356,334,338, & 350.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and -Beckman.
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Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:52 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - LITIGATION MATTERS - CONSULTATION
WITH CITY ATTORNEY REGARDING PENDING LITIGATION -
DISCUSSION OF THE TNRCC HEARING ON THE CITY'S CCN
APPLICATION.
2. SECTION 551.071 - LITIGATION MATTERS - CONSULTATION
WITH CITY ATTORNEY REGARDING PENDING LITIGATION -
DISCUSSION REGARDING THE GROHMAN LITIGATION.
3. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION
REGARDING APPOINTMENT OF AN INTERIM CITY MANAGER.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:35 p.m.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE
TNRCC HEARING ON THE CITY'S CCN APPLICATION.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
direct the City Attorney to proceed with the City's CCN application as directed, and retain
the services of Jim Matthews for the TNRCC hearing.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE
GROHMAN LITIGATION.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to
authorize the City Attorney to retain Olsen & Olsen Law Firm to represent the City in the
Grohman litigation..
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
COUNCIL ACTION - APPOINTMENT OF INTERIM CITY MANAGER.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
appoint Glen Erwin as Interim City Manager until the current "Temporary Restraining
Order" expires.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 11:39 p.m.
Minutes approved as submitted and/or corrected this the 1211 day of ober, A.D.,
1998.
ATTEST:
Tom Reid
Mayor
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