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1995-09-25 CITY COUNCIL REGULAR MEETING MINUTESI t+ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, HELD ON SEPTEMBER 25, 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 Manager City Attorney City Secretary Tom Reid Richard Tetens Jerry Richardson Randy Weber Kevin Cole Helen Beckman Paul Grohman Amy McCullough Yolanda Benitez Others in attendance: Assistant City Managers Richard Burdine and Glen Erwin; Police Chief Mike Hogg; City Engineer John Hargrove; and Economic Development Director Jim Berry. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson, and the Pledge of Allegiance was led by Economic Development Director Jim Berry. APPROVAL OF MINUTES It was moved by Councilmember Tetens and seconded by Councilmember Richardson that the minutes of the regular meeting of September 11, 1995, 7:30 p.m., be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid, along with City Secretary Yolanda Benitez, presented a proclamation to Bill Ward, representing the Knights of Columbus, in recognition of "Texas Charities Day" on October 7, 1995. Mayor Reid recognized Tyler Coffey, an elementary student who had addressed the Council at the previous meeting, and was attending the Council meeting again this evening. Mayor Reid noted that he presented a proclamation to the American Business Women's Association in recognition of their scholarship activities. He also met with the Pearland Independent School District Board regarding the school bond issue. The Mayor also spoke at the Kiwanis annual meeting on Sunday evening, September 24, 1995. He attended the BCCA meeting held in Alvin, Texas on September 20, 1995. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the United Way Kickoff lunch on Thursday, September 14, 1995; and also attended the BCCA meeting on September 20, 1995, which was hosted by the City of Hillcrest, but held in Alvin, Texas. I Councilmember Cole reported that he attended the BCCA meeting on Wednesday, September 20, 1995 held in Alvin, Texas. Councilmember Tetens also attended the BCCA meeting on September 20, 1995. Councilmember Weber reported that he attended the BCCA meeting in Alvin, Texas, on September 20, 1995. He also reported that the BCCA had held a contest to determine which- cities had the most officials attend the monthly meetings during the past three months, and the City of Pearland came in second. Councilmember Richardson had nothing to report. Mayor Reid recognized students from First Baptist School who were attending the City Council meeting in order to obtain extra credit. CITY MANAGER'S REPORT City Manager Paul Grohman reported that Centennial Park is moving along swiftly and encouraged everyone to go by and check on the progress. He noted it should be completed by the end of October. Mr. Grohman also reported that the Alice Street Water Tower should be completed next week and is running on schedule. He noted that the beautification sign is being erected West of the City and should be finished by the end of October. The GTE mobilnet tower is being erected at the Police Department. City Manager Grohman mentioned the City Facilities Tour which is to take place on Tuesday, October 10, 1995 from 5:30 p.m. to 9:00 p.m. and invited everyone to attend the festivities that evening. CITIZENS 1. John D. Kenney, Jr./SER-Jobs for Progress -- Mr. Kenney addressed the Council with regard to a new federally -funded program (Dislocated Workers Program) which is located across from San Jacinto College. This program assists people who are long-term unemployed or laid off. The location serves North Brazoria County, which includes the City of Pearland. The program provides career training for high -demand occupations. Mr. Kenney noted that they have had an 85% success rate to date, and he also noted that the services are free of charge. 2. Bill Hubbard - 2255 N. Hatfield -- Mr. Hubbard addressed the Council with regard to the Emu Ordinance. He noted that some statements had been made at the August 28th meeting with regard to a man being killed by Emus in the City of Temple. Mr. Hubbard reported that he has checked with the Temple Daily News, American Emu Association President, the Texas Emu Association President, the City Secretary for the City of Temple, the Animal Control Department for the City of Temple, and the Chamber of Commerce for the City of Temple and none of these people knew anything about the incident. He requested that statements such as this be substantiated in the future before being released to the public. r' DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: DIRECTIVE TO STAFF REGARDING A -N -A OPERATING COMPANY OIL AND GAS LEASE - Mayor Reid noted that a 1 1/2 hour workshop had taken place prior to the City Council meeting at which time A -N -A operating Company had presented information to the Council with regard to their plans for the Oil and Gas Lease in the Green Tee Subdivision. The Mayor then asked that the citizens who had signed up to speak with regard to this issue come forward. 6 1. Tom Pool - 2120 Country Club Drive - Green Tee Homeowner's Association Political Action Director -- Mr. Pool addressed the Council with regard to the opposition, by the Green Tee subdivision, of the drilling of oil wells in the subdivision. Some of his concerns involved trucking out the brine water, oil & gas, pot holes caused by the heavy trucks, pollution, and contamination of the Wetlands or Clear Creek. 2. Catherine O'Brien - 3010 Country Club Drive - Green Tee Terrace Homeowner's Association President -- Mrs. O'Brien noted that the Green Tee Terrace subdivision provides an estimated 22% of the property taxes for the City of Pearland. She also noted that she had suggested that the Oil and Gas ordinances be updated in August of 1994; however, she stated that this had not yet taken place. Mrs. O'Brien pointed out some newspaper articles concerning oil well fires in the surrounding area. She had several questions with regard to the property involved for which there seems to be dual deeds and questioned whether this might involve additional lawsuits and further damage the City's bond rating. Mrs. O'Brien stated that the City's bond rating is already in jeopardy due to the number of lawsuits the City is involved in. City Manager Grohman responded with regard to the bond rating for the City and noted that it had been raised to the highest rating in the City's history about four months ago. He stated that the City is hopeful that the bond rating will be upgraded even more so and pointed out that the litigation was below normal level when both Standard & Poors and Moody's Investors performed their review a few months ago. 3. Bob Lewis - 2905 Country Club Drive -- Mr. Lewis noted that from the information presented during the workshop, from a legal standpoint, the City Council could not do anything to stop the drilling. He noted some additional concerns such as the weight of the vehicles, the noise from the diesel engines and clanging pipes, the traffic created by the trucks, the direction of the horizontal drilling, subsidence of the land, safety of the children, the home values, and the image of the City of Pearland. Mayor Reid asked City Attorney Amy McCullough to present some additional comments in order for the Council to make a decision with regard to this matter. He instructed staff to update the present oil and gas ordinance at the earliest possible convenience. City Attorney McCullough noted that sufficient, definitive information had not been provided to the City Council and noted that she felt it was premature at this point to go forward in lease negotiations or even in the drafting of the lease until additional commitments were received from A -N -A such as, the operator's name, evidence of authority from the Harris County Flood Control, reports from the Corps of Engineer, and information on the pipeline. Councilmember Weber made a motion to recommend to A -N -A Operating Company that they bring back a plan of action to the City Council before beginning lease negotiations which would include the following information: 1) hours of operation; 2) distance on a plot plan from the residents; 3) pipeline location and the operator's name; 4) the difference between the idea of an electric rig versus a diesel rig; 5) trucking hours involved; 6) security/safety system; 7) surety bonds; 8) environmental studies; 9) disposal of brine water; 10) transporting of the oil; and, 11) a contingency plan if a pipeline is not feasible. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. 77 ORDINANCE NO. 703 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, 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. Councilmember Beckman made a motion to approve ordinance No. 703 on second and final reading, seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. MOTION TO REMOVE FROM TABLE RESOLUTION NO. R95-57 Councilmember Beckman made a motion to remove from the table Resolution No. R95-57, seconded by Councilmember Cole. 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, TEXAS AGREEING TO EXPLORE THE POSSIBILITY OF LEASING THE C.J. HARRIS ELEMENTARY CAMPUS IF THE OPPORTUNITY ARISES, PROVIDED PROPER DUE DILIGENCE IS EXERCISED AND ACCEPTABLE TERMS ARE AGREED UPON IN THE BEST INTEREST OF THE CITY. j Councilmember Cole made a motion to adopt Resolution No. R95-57, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. MOTION TO REMOVE FROM THE TABLE ACCEPTANCE OF PINE HOLLOW SUBDIVISION Councilmember Tetens made a motion to remove from the table acceptance of Pine Hollow Subdivision, seconded by Councilmember Richardson. 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 the acceptance of Pine Hollow Subdivision subject to the satisfactory receipt of the final bacteriological tests which should be successfully completed on Wednesday. He noted that permits could not be issued until these studies were completed. He also noted that this was one of the finest sections of work he had experienced during the three years he has been with the City. 90 Councilmember Richardson made a motion to accept Pine Hollow Subdivision subject to the final results of the bacteriological tests, seconded by Councilmember Weber. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AWARD OF BID NO. B95-20 - ADDITIONS/ALTERATIONS TO SERVICE CENTER Assistant City Manager Richard Burdine reported that the low bid received on this project was from JACO Construction in the amount of $80,236 for Base Bid "B". This project will include filling in the crimps of the roof with insulation and putting a membrane over the entire thing without removing the panels, and the project will be completed in 50 days. He recommended that Council accept the low bid submitted by JACO Construction. Councilmember Weber made a motion to award Bid No. B95-20 to JACO Construction in the amount of $80,236. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BY AND BETWEEN A PUBLIC NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, AND THE CITY OF PEARLAND, FOR THE PURPOSE OF PROVIDING PUBLICATION OF ALL LEGAL NOTICES FOR A TERM OF ONE YEAR, AS THE OFFICIAL NEWSPAPER OF THE CITY, PURSUANT TO THE CITY OF PEARLAND CHARTER. City Manager Paul Grohman recommended that the City Council reject all bids and authorize the City Manager to enter into negotiations with newspapers with regard to pricing. Councilmember Tetens moved that all bids be rejected and that the City Manager be authorized to negotiate for an official newspaper. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-18 - AN ORDINANCE AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Police Chief Mike Hogg reported that this was an annual, routine procedure which was necessary in order to implement the pay raise. I Councilmember Richardson made a motion to approve Ordinance No. 450-18 on first reading, seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. APPROVAL AND EXECUTION OF INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR PURPOSES OF CONSTRUCTION, IMPROVEMENT, MAINTENANCE AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND. City Manager Grohman noted that this plan includes the resurfacing of roads within the City. Councilmember Tetens made a motion to approve the execution of the interlocal agreement with Brazoria County. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF RECOMMENDATION BY POLICE CHIEF MIRE HOGG CHAMBER OF COMMERCE PARADE APPLICATION. Police Chief Mike Hogg noted that this application had already been in the negotiation process prior to the parade ordinance being passed at the last Council meeting. He pointed out some of the events that will take place in conjunction with this parade and noted that it will take place on Saturday, December 2, 1995, at 6:30 p.m. Councilmember Richardson made a motion to approve the Chamber of Commerce Parade application, seconded by Councilmember Cole. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PEARLAND INDEPENDENT SCHOOL DISTRICT'S GRANT APPLICATION TO THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS FOR THE IMPLEMENTATION OF A SCHOOL RESOURCE OFFICER PROGRAM AT THE JUNIOR HIGH AND HIGH SCHOOL CAMPUSES. Police Chief Mike Hogg explained that this grant is to be used to -� supplement the School Resource Officer Program, and it will cover expenses for two officers with full equipment. Councilmember Weber moved for the adoption of Resolution No. R95-59 on first and only reading, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and Beckman. Voting "No" - None Motion passed 5 to 0. 0 OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:03 p.m. Minutes a pa d as submitted and/or corrected this the o: , A. D., 1995. ATTEST: 0iuip FA, �, X-ity Secretary41 vf, day Mayor