1995-09-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TERAS, HELD ON SEPTEMBER 11, 1995, AT 7:30 P. M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TERAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro Tem/Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Attorney
City Secretary
Tom Reid
Richard Tetens
Jerry Richardson
Randy Weber
Kevin Cole
Helen Beckman
Amy McCullough
Yolanda Benitez
Others in attendance: Assistant City Managers Richard Burdine and
Glen Erwin; Police Chief Mike Hogg; Parks & Recreation Director Ed
Hersh; and City Engineer John Hargrove.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg, and the Pledge
of Allegiance was led by City Attorney Amy McCullough.
APPROVAL OF MINUTES
It was moved by Councilmember Tetens and seconded by Councilmember
Richardson that the minutes of the regular meeting of August 28,
1995, 7:30 p.m., be approved as presented.
Motion passed 5 to 0.
MAYORS ACTIVITY REPORT
Mayor Reid, along with Police Chief Mike Hogg, presented a
proclamation to Rea Collins, representing the Daughters of the
American Revolution, in recognition of "Constitution Week"
September 17-23, 1995. Mrs. Collins expressed her appreciation to
the Mayor and Council for their support.
The Mayor, with assistance from Councilmember Beckman, presented a
proclamation to B. J. Hill, from the Adult Reading Center,
recognizing the month of September as "Literacy Month". Ms. Hill
emphasized the need for volunteers as tutors and encouraged all
those who might be interested in tutoring to contact the Adult
Reading Center.
Mayor Reid reported that he met with members of the Brazoria County
Drainage District #4 pledging the support of the City of Pearland
in addressing the drainage problems which both organizations are
currently being faced with.
The Mayor also reported that he attended the Texas Association of
Regional Councils of Government conference last week as a voting
member of the Board of Directors.
vv
COUNCIL ACTIVITY REPORTS
Councilmember Richardson had nothing to report.
Councilmember Weber had no report.
Councilmember Tetens had nothing to report.
Councilmember Cole reported that he visited second and third grade
students at Pearland Christian School concerning the duties and
responsibilities of the Council, as well as what the City staff and
Councilmember's roles are regarding budgets. He recognized several
of the students who were in attendance at the meeting.
Councilmember Beckman reported
Community Clean-up on Saturday.
cutting ceremony, along with the
Anniversary celebration today.
CITY MANAGER'S REPORT
that she participated in the
She also attended the ribbon -
Mayor, at Long John Silver's 15th
Assistant City Manager Richard Burdine noted that City Manager
Grohman is on vacation, and he had nothing else to report.
CITIZENS
1. Chip Hosek - 3126 Yost Road -- Mr. Hosek addressed the Council
with regard to facilities being planned for Little League
baseball and softball. He also inquired in reference to the
Council's interest in taking over the Dad's Club to be used
for these purposes. The Mayor informed Mr. Hosek that the
Council would discuss this matter with the Parks and
Recreation Director, and provide him with a response before
the next Council meeting.
2. Catherine O'Brien - 3010 Country Club Drive -- Mrs. O'Brien
addressed the Council on behalf of the Green Tee Homeowner's
Association. The first item addressed was with regard to the
issue of speed humps. Mrs. O'Brien informed the Council that
she had obtained information from the cities of Houston,
Austin and Dallas regarding their speed hump program. She
offered to provide copies of this information to the Mayor and
Council if they were interested in reviewing the material.
Mrs. O'Brien then addressed the issue of proposed oil wells in
the Green Tee Subdivision to be discussed during Executive
Session. She noted the continued opposition of the residents
of Green Tee with regard to oil wells in that subdivision.
Mrs. O'Brien also mentioned that the residents have questions
regarding dual deeds and designated wetlands.
The Mayor requested that a copy of the information pertaining
to the speed humps be provided to Assistant City Manager
Richard Burdine for his review, and asked that Police Chief
Mike Hogg review this information, as well.
Tyler Coffey - 2122 Wimbleton Court -- Tyler thanked the
Council with regard to their contributions in helping to make
the City of Pearland a nice place to live. He also thanked
Councilmember Cole for visiting his class and invited him to
do so again.
4. C. D. Anderson - 3215 Jacquelyn Drive -- Mr. Anderson
addressed the Council regarding the 10% late charges being
imposed by the Pearland Utility Department. He noted that he
had received a cut-off notice 2 days after the deadline to pay
his bill. Mr. Anderson also mentioned the fact that citizens
are being charged over $100 for pick-up of debris (tree
branches, etc.) that was previously done free of charge. The
Mayor explained that he was under the impression that citizens
were to be given a 30 -day notice before service was cut off,
and stated this procedure would be reviewed.
z
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 698 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER
30, 1996.
Councilmember Richardson made a motion to approve Ordinance No. 698
on second and final reading, seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 699 - AN ORDINANCE LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR
1995, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Councilmember Weber moved for the adoption of Ordinance No. 699 on
second and final reading, seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 700 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, ARTICLE XIV, PARADES
AND PROCESSIONS, OF CHAPTER 29, TRAFFIC, OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Tetens made a motion to approve Ordinance No. 700 on
second and final reading, seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 701 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CREATING A NEW ARTICLE XIV, PARADES AND
PROCESSIONS, OF CHAPTER 29, TRAFFIC, OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING PARADE ROUTES AND PERMIT
PROCEDURES; PROVIDING DEFINITIONS; REQUIRING FEES FOR COMMERCIAL
PARADES AND INSURANCE CERTIFICATES; PROVIDING RULES AND REGULATIONS
r FOR ENFORCEMENT AND A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Councilmember Cole moved for the adoption of Ordinance No. 701 on
second and final reading, seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
T
ORDINANCE NO. 702 - AN APPROPRIATION ORDINANCE APPROVING THE
ADOPTION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ESTIMATED
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING
SEPTEMBER 30, 1995, AND THE PROPOSED BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1995, AND
AUTHORIZING EXPENDITURES IN ACCORDANCE WITH THE CORPORATE BYLAWS OF
THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION.
Councilmember Beckman moved for the adoption of Ordinance No. 702
on second and final reading, seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
REMOVE FROM TABLE AWARD OF BID NO. B95-18.
Councilmember Weber made a motion to remove from the table award of
Bid No. B95-18, seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B95-18 - TELESCOPIC BOOM EXCAVATOR
Assistant City Manager Richard Burdine pointed out that the only
bid received was from Hi -Way Equipment Company in the amount of
$121,713, which is less the trade-in amount of $24,850.
Councilmember Weber inquired as to the age of the present Gradall
and Mr. Burdine responded that it was approximately 7 years old.
Mr. Burdine explained that the present piece of equipment has been
unreliable and has had extensive, costly repairs. Discussion
followed with regard to possibly holding this piece of equipment
for sale at auction, but Mr. Burdine noted that it would not bring
in as much at auction as what the City is being offered on trade-
in. Mr. Burdine explained that the proposed piece of equipment
will have a 3 -year warranty whereas the previous piece of equipment
had no warranty. He noted that this item was budgeted for in the
Street Department's revised 1994-95 budget.
Councilmember Richardson made a motion to award Bid No. B95-18 to
Hi -Way Equipment Company in the amount of $121,713 with Trade-in
Alternate B, seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS
AWARD OF BID NO. B95-16 - RECONSTRUCTION OF SHADY BEND DRIVE
City Engineer John Hargrove reported that the low bid was received
from Angel Bros. and recommended that it be accepted with the
additional recommendation that the Council accept a $7500 deduct to
go to 7 -inch pavement instead of 8 -inch pavement and a $23,910 add-
on to replace an old 10 -inch asbestos cement water line that is
very close to grade. The total bid was in the amount of
$242,325.60. Mr. Hargrove noted that Angel Bros. are well -accepted
contractors.
E
Councilmember Tetens made a motion to award Bid No. B95-16 to Angel
Bros. in the amount of $225,915.60, plus Alternate 1 (deduct of
$7500), plus Alternate 2 (Add-on of $23,910), for a total amount of
$242,325.60. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B95-19 - WASHINGTON IRVING DRIVE & MCDONALD ROAD
PAVEMENT RECONSTRUCTION
City Engineer Hargrove presented this item for consideration by the
Council. He reported that the low bid received was submitted by
Cluff Construction in the total amount of $118,562.90. Mr.
Hargrove explained some of the problems that Cluff Construction has
encountered with the building of the Mary's Creek bridge; however,
he noted that this company is a grading contractor and has a good
reputation, and he felt comfortable in recommending that they be
awarded the bid.
Councilmember Tetens made a motion to award Bid No. B95-19 to Cluff
Construction in the amount of $118,562.90. The motion was seconded
by Councilmember Weber.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R95-55 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A DEVELOPMENT AGREEMENT WITH SUNSET LAKE JOINT VENTURE FOR
OVERSIZING OF A SANITARY SEWER LIFT STATION IN THE SUNSET LAKES
SECTIONS 2 & 3 ADDITIONS.
Assistant City Manager Richard Burdine explained that the main
purpose of the oversizing of the Sanitary Sewer Lift Station is to
prevent overloading the Riverwalk Lift Station. it will also
accommodate the needs of the Sunset Lake development (239 lots)
which is being constructed between the Sunset Meadows subdivision
and the Riverwalk Subdivision.
Councilmember Richardson moved that Resolution No. R95-55 be
approved on first and only reading, seconded by Councilmember
Beckman.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R95-20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R92-26 TO THE
EXTENT THAT IT ADDRESSES "CERTAIN EMPLOYEE POLICIES" FOR EMPLOYEES
OF THE CITY OF PEARLAND; CONTAINING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE.
RESOLUTION NO. R95-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, ADOPTING, APPROVING AND RATIFYING THE CITY
OF PEARLAND EMPLOYEE HANDBOOK AND THE CITY OF PEARLAND POLICY AND
PROCEDURES MANUAL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO AMEND THE SAME FROM TIME TO TIME IN ORDER TO ENSURE PROPER
ADMINISTRATION OF THE AFFAIRS OF THE CITY.
IV
Mayor Reid recommended that Council consider tabling Resolution No.
R95-20 and R95-21 in light of some re -wording that needed to be
done. He requested that City Attorney McCullough comment on these
issues.
City Attorney McCullough noted that she had spoken to each of the
Councilmembers prior to the meeting and asked for confirmation of
her feelings that Council was hesitant to totally relinquishing
control to administration in developing policies and procedures for
the employees. She explained that administration was of the
opinion that it would help facilitate changes and updates in
keeping the policies current and in compliance with the law, which
would also help reduce the City's risks. She also noted that
because of the fact that potential liability would ultimately fall
on the Mayor and Council, she had the impression that this was a
problem. She offered a potential solution modeled after the City of
Fort Worth's program. This solution would involve having the City
Manager, or his designee, make the necessary changes, file the
changes with the City Secretary for a period of two weeks, send
copies of the changes to the City Council for their review, and if
there were no objections at the end of the two weeks, the changes
would go into effect.
Mayor Reid noted that, as a policymaking board, the Council could
not relinquish its responsibility, especially that portion which
pertains to potential liability.
Councilmember Richardson stated that it was not "smart business"
for the Council to give carte blanche to any and all changes in
policy matters. He noted that Council needed to retain approval
for everyone's protection, with regard to policy.
Councilmember Weber requested clarification concerning the amount
of time allotted for Council to place an item on the agenda in view
of the two-week timeframe that was being proposed for the review of
changes to the policies and procedures. It was the consensus of
the Council that two weeks was not sufficient time for them to
review policy changes, even if they were to be hand -delivered.
City Attorney McCullough noted that if she were to hear from any of
the Councilmembers within the two-week timeframe, then this could
potentially stop the process. Council requested that this be
included in the wording of the policy.
It was recommended by the Mayor that policy changes be put through
on a resolution for ratification by the Council. He then requested
that the City Attorney review this matter with each of the Council
members again. City Attorney McCullough requested that each
Councilmember contact her in order to provide her with further
direction.
Councilmember Cole provided clarification to the citizens as to the
reasons for the lengthy discussion on this matter.
Councilmember Tetens inquired as to the date the Council agendas
are posted and City Attorney McCullough noted that this is done on
the Friday preceding the Monday meeting. Councilmember Richardson
noted that Council had passed a resolution previously requesting
that this be done one week in advance of the meeting. He
emphasized that the agenda should not be changed once it is
formulated.
Councilmember Richardson made a motion to table Resolution No. R95-
20, and Resolution No. R95-21. The motion was seconded by
Councilmember Weber.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
Council recessed at 8:56 p.m.
Council returned to session at 9:08 p.m.
RESOLUTION NO. R95-56 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TERAS, SUPPORTING AND ENDORSING THE PEARLAND
INDEPENDENT SCHOOL DISTRICT BOND ISSUE OF SEPTEMBER 16, 1995.
Councilmember Cole moved for the adoption of Resolution No. R95-56
on first and only reading, seconded by Councilmember Richardson.
Mayor Reid requested that Councilmember Cole read the resolution in
its entirety, and noted that the citizens needed to be aware of
what the school district is requesting in order to meet the needs
of the children of the City of Pearland.
Councilmember Richardson noted that the passage of the school bond
issue is critical to the community and to the future of the City of
Pearland.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and
Beckman.
Voting "No" - None
Motion passed 5 to 0.
RESOLUTION NO. R95-57 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TERAS, AGREEING TO LEASE THE C.J. HARRIS
ELEMENTARY CAMPUS, CONTINGENT UPON THE PASSAGE OF THE PEARLAND
INDEPENDENT SCHOOL DISTRICT BOND ISSUE OF SEPTEMBER 16, 1995,
PROPER DUE DILIGENCE, AND ACCEPTABLE CONTRACT TERMS.
Mayor Reid noted that he had some concern with the wording of this
resolution due to the fact that it was asking the Council to commit
to the lease prior to the election.
Councilmember Beckman noted that she also had a problem with the
resolution in that she felt sufficient information had not been
provided.
Councilmember Beckman made a motion to deny the adoption of
Resolution No. R95-57. Mayor Reid and Councilmember Richardson
inquired as to whether this item could be tabled, rather than
denied.
City Attorney McCullough noted that the resolution did seem
somewhat limiting due to the fact that, in essence, it creates an
obligation on the part of the Council to commit to the lease
agreement. She offered to redraft the resolution more broadly for
the Council's consideration after the bond election takes place.
Councilmember Cole requested that the wording be changed to state
that "the City would consider negotiations regarding the leasing of
C. J. Harris Elementary".
Councilmember Richardson requested that the wording be changed on
�'- the spot.
City Attorney voiced her hesitation with regard to changing the
wording on the spot due to the fact that the citizens would not
have received prior notice. She also noted that the Council could
vote on this resolution contingent upon the changes they would like
to propose to her.
Councilmember Beckman made a motion to table Resolution No. R95-57
for further consideration and rewording. The motion was seconded
by Councilmember Tetens.
M
7Z
Voting "Aye" - Councilmembers
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
TO STAFF
Beckman, Cole, Tetens, Weber and
THE REGULATION OF POTBELLIED PIGS.
Councilmember Tetens made a motion that the Animal Control
ordinance be left as is in relation to swine. The motion was
seconded by Councilmember Richardson.
Councilmember Beckman stated that she was of the opinion that
potbellied pigs are bred to be house pets, and that they are
intelligent, clean, and easy to care for. She asked that the true
definition of a domesticated animal be obtained for future
reference. Mayor Reid suggested that discussion of this item be
placed on the agenda at a workshop which is being planned sometime
in the near future.
Mayor Reid requested that staff contact the citizen who requested
the change in the Animal ordinance with relation to potbellied pigs
and provide him with Council's response. City Attorney McCullough
will be responsible for getting the information to the citizen.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
ACCEPTANCE OF PINE HOLLOW SUBDIVISION.
City Engineer John Hargrove recommended that Council table this
item due to the fact that the project is not ready for acceptance.
Councilmember Cole made a motion to table the acceptance of Pine
Hollow Subdivision. The motion was seconded by Councilmember
Richardson.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 703 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TERAS, DETERMINING CHARGES FOR SANITATION SERVICE
FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 12, ARTICLE II,
SECTION 12-31 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND;
REPEALING PREVIOUS SANITATION SERVICE RATE SCHEDULES; PROVIDING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE.
Assistant City Manager Richard Burdine reported that a 3% increase
in the sanitation rates is being proposed and noted that the
current residential rate is $10.55. This amount will go up to
$10.87 with the proposed increase.
Councilmember Richardson made a motion to approve ordinance No. 703
on first reading, seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
I
OTHER BUSINESS:
MEETING RECESSED TO EXECUTIVE SESSION AT 9:30 P.M. UNDER TEXAS
GOVERNMENT CODE.
UNDER SECTION 551.072 - REAL PROPERTY - DISCUSSION OF OIL AND
GAS LEASE REGARDING PROPERTY ADJACENT TO GREEN TEE
SUBDIVISION.
The Council returned from Executive Session at 10:22 p.m. Mayor
Reid noted that no action was required as a result of the
discussion which took place during Executive Session.
ADJOURNMENT
Meeting was adjourned at 10:23 p.m.
Minut s approved as submitted and/or corrected this the,;�5Y,4., day
of �� , A. D., 1995.
Tom Reid
Mayor
ATTEST:
Ya� a C. Benit z
City Secretary