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Ord. 1126-3 05-24-04ORDINANCE NO. 1126-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1126, THE 2003- 2004 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (MUNICIPAL COURT AND PLANNING DEPARTMENT PERSONNEL FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, the City Council is authorized by law to make changes in the City budget for municipal purposes and for emergency appropriations to meet a pressing need for public expenditure to protect the public health, safety, and welfare as a result of unusual and unforeseen conditions; and WHEREAS, said amendments are necessary to remove funds from the General Fund; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Manager or his designee is authorized to make alterations to the General Fund as set out in the Executive Summary, attached hereto and incorporated herein by reference for all purposes, as authorized by law for municipal purposes and for emergency appropriations to meet a pressing need for public expenditure to protect the public health, safety, and welfare as a result of unusual and unforeseen conditions. Section 2. That the City Manager or his designee is authorized to take all actions necessary to facilitate the changes identified herein without further approval of City Council. ORDINANCE NO. 1126-3 Section 3. Declaration of Emergency. The Council finds and determines that the need to adjust the City budget inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED and APPROVED on First and Only Reading this the 24th day of May , A.D., 2004. TOM REID MAYOR 2 ORDINANCE NO. 1126-3 ATTEST: APPROVED AS TO FORM: 102„_ it 04.-L DARRIN M. COKER CITY ATTORNEY AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 5-24-04 ITEM NO. afri li%. /a3 DATE SUBMITTED: 5-17-04 DEPARTMENT OF ORIGIN : Municipal Court PREPARED BY: Tobin E. Maples PRESENTOR: Tobin Maples/Cheryl Garcia/Lata Krishanaro SUBJECT: Budget Amendment for an Expanded Service Program— 3 New Positions (Municipal Court & Planning Department) EXIHIBITS: N/A EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO. N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO. N/A FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY Municipal Court . As we are all aware, the City of Pearland is on the verge of experiencing a dramatic compositional change. Realising this fact and knowing the Police Department has been adding six officer positions per year during the past five years (increased: case load), it is essential that judicial system administration maintain its integrity by providing accessible, efficient, impartial, and well reasoned resolutions of all court cases. The request for additional staff is in response to the dramatic increase in cases filed and revenue collected from 2002 to 2003 (Tables`I & II). We are currently remaining level with the case load we experienced last year yet the growing pains from this increase has really effected '__the department during the past six months. Two additional clerks were requested in last years budget with funding approved for one. Not realising the effect of this increase the two that were requested would not have covered the daily task required by the court. During this time of increased cases, we also experienced the full affect of the commercial vehicle. enforcement. Along with the new violations, also comes an enormous amount of manual paperwork that is required by the state. • We have also lost our court interpreter that we are required to provide for our arraignment and trial court sessions. • We have increased our arraignment court sessions by 74 and increased our jury trials dockets by 18 within the last year and a half. These increased court dates not only help accommodate the large number of customers but also requires a lot of the clerks time. We are about three months behind on issuing capias warrants, about one week behind on Fta warrants and around four to six weeks behind on the scanning. When fully staffed, scanning is utilized to dispose of 50-100 cases each day which improves customer service as locating files is not an issue. Additionally; disposal of the case files minirnizes the courts need for storage space. Motorcycle units have just been made operational so we are anticipating another increase in the overall number of cases filed. At this time the court has four full time deputy court clerks, one senior court clerk and a court - administer: We have also employed two, full-time temporary ;clerks, one does data entry, commercial violation reporting, answers phones, the other clerk interprets and performs daily scanning and filing.. To date (October to present), the City has spent $31,464.58 to fund the two temporary positions. The two temporary employeeshave enabled the court to. keep our heads above water with little room for additional tasks. Therefore, replacing those temp positions with full-time clerks will keep the court up to date for the time being.: Specific job functions the new positions will carry out and associated cost are listed within Table III. Additionally, 'a survey of cities in our area was conducted in order to compare staffing levels (Table IV). As detailed within Table III, the annual salary and benefit impact (Fiscal year 2005)-for the two:-. positions will be $35,909 for the Deputy Court Clerk position and $33,917 for the Court Records Specialist .position. However, it should be noted that staff does not anticipate filling- these positions until June or July (advertising and interview period). As a result, the Fiscal 2004 budget impact will be reduced due to the fact the positions will only be filled for the remaining four months of Fiscal year 2004 (June -September). In order to fund these two positions for .the remaining four months of Fiscal year 2004, staff proposes to utilize revenue realised through the increase in -cases filed and the Municipal Court Technology fundAdditionally, staff will request complete/permanent funding for the positions during the Fiscal 2005 budget process: Table I Cases Filed Table II 1,400,000.00 1,200,000.00 1,000,000.00 800,000.00 600,000.00 400,000.00 200,000.00 0.00 2002 Series1 840,283.51 ' CITY REVENUE 1,326,882.41 1,375,500.00 Table III osit-oif s t s,�4�•. 1- S'3 .'Ffiyy--TS"?� •} ... .w -, t "- a IDut1 t ' .. sips L" . tia� _..cYE,. fib k. Cis :.t Fr a.. tkt j1fa, ^i}ti ry�.i} U�,k .Fy ��,. '^E S � ,�`,k. .._. _ .t...e:, ...r.. .. 5:..ri..0 .i�r.... r d]'<. ,.._ .a-.,.. i:.y R .. uY $* s�rSRi _ H �M 7(femized Starix l3T� (`��Q}rQ7 k ,ti i✓�. ��`.'j VF�i1, t F ? �1 •.%^., fi „y Yht ......_. `-Y:..rv•.. M..,.�..:.w. °Salar r 4 'rS ,� L 4�yt� 4 /'��`i 43 3. j�iqfj'i�t...moo: QYQ1jtS. .i..... Total .., x`/�t1M`,� j-bx VWW It ,�. G k ai1.S L . k"ie.. p L. Deputy Court Clerk • Case processing — computer data entry of citations and maintains/updates records in computer. Prepares and processes dockets. • Prepare and process arrest and warrant documents. • Customer care — phones and service window, explains options. Process mail • Disposition and money processing (collects court fees and fines and keeps accurate receipts of money collected, manage payment schedules). • Assists Judge, prosecutor, witnesses, jurors, and defense attorneys. • Desk/Chair $1,000 • Computer $1,800 •$4,800 • Phone $250 •• Cab. File $150 $24,343 Salary Medical $1,862 FICA $1,704 TMRS $35,909 A 1 �- �' •'''.:,`•'.,-,,, .k2if. ,,.� 1 ... V e;;J� y, F £'..`kt�x d.':. .-'.�_.4�L�..+,rF �.z3 s_ ,- C�. , a., 'i.. :n. ?.. �"`.F., t3 .. , p '- s .. .. v^S.t..,�_.:??..or ilG.['�' .. ._. _.u. ,..-.1i Court Records Specialist • • Responsible for accurate retention of closed . cases. Including detailed scanning of all documents for 2002-present closed cases. Maintain manual filing system for older closed cases. • , Court Interpreter — ability to read, write and speak Spanish to English and English to Spanish. Required to supply a state certified interpreter for court hearings. Spanish interpreter needed on a daily basis. Must pass state written and oral test to become state certified. • Desk/Chair $1,000 • Computer $1,800 • Phone $250 • • File Cab. $150 $22,606 Salary $4,800 Medical $1,729 FICA $1,582 TMRS _- _ -$33,917 Table IV_ Survey From this survey of surrounding cities a clerk processes an average of 205 cases per month. Yet my clerks- are processing almost double that amount per month, which in turn will lead to burn out, errors,- strain on the departments efficiency as a whole. f... %_.J ..<._ CsPer ioak�.fl ClOil calt'aigon , No .Cases L�eClerk Missouri City • • . 970 - - 3:5 .277 Webster 720 4 180 .:_" Baytown 2,000 12.5 160 Sugarland • .1,700 10 170 LaPorte - - _ .. 950 4 :: 237 Pearland 2,000 5 400 EXECUTIVE SUMMARY Planning As we are all aware, the City of Pearland is on the verge of experiencing a dramatic compositional change. Realizing this fact and knowing that the community development process is relationship driven, it is essential that the Planning function maintain its integrity in the development review process. The intent of a comprehensive planning process is to facilitate the promotion of the health, safety, morals, and general welfare of the city. The basic premise is to ensure consistency of the quality and type of development within the city and, therefore, provide current property owners and businesses some level of comfort regarding future development. The key to. implementing policies and controls charged with managing growth will be consistency within the development process. More clearly stated, effectiveness will be a direct result of solid implementation. The City Council and City Manager have already begun to address these issues by creating a stand-alone Planning Department and initiating the development of a comprehensive review program charged with ensuring the communication of accurate information to our customers. As a result . and in order to accommodate the dramatic increase in all of the major activities encompassed by the department, staff is proposing an enhanced service program, which creates one (1) new position (Senior Planner). The short-term goal of the enhanced service program is to provide immediate relief necessary to provide quality review and planning services for the current planning cases and building permits the department processes. The long-term goal of the program is to modernize the department and develop a superior planning department by enhancing our commitment to professional development and customer service. Specifically, it is essential that the development services function become "supportive .investors in local neighborhood _ asset building " activities (expanded service program). The increasing levels of planning and permit activity, as well as a continued desire to maintain a superior review and inspection department, necessitates the increase in departmental staff. Furthermore, the Senior Planner position is needed in order to move forward with the implementation of the Planning Initiatives identified in the Comprehensive Plan as .well as provide short-term relief with current planning case loads (zoning/zba cases). :Specific job 'functions the new position will carry out and associated cost are listed within Table I. Additionally, a survey of _ cities in our area was conducted in order to compare staffing levels (Table II). Exhibits A-F detail the increased case load and various functions/projects the Planning Department is charged with managing on a daily basis with a current staff of two (Planning Manager & Planner 1). As detailed within the Table I, the annual salary and benefit" impact (Fiscal year 2005) for the position will be $63,079. However, it should be noted that staff does not anticipate_ filling the position until June or July (advertising and interview period)..As, a result, the .Fiscal 2004 budget; impact will be reduced due to the fact the position "will onlybe filled "for the remaining four months of Fiscal year 2004 (June -September).. In order to fund the Senior Planner position for the remaining four months of Fiscal year 2004, staff proposes to "utilize general revenue funds realized through additional sales tax revenue received to date:;Additionally,-staff will request;;' complete/permanent funding for the position during the Fiscal 2005 budget process.- RECOMMENDED ACTION Approve the budget amendment creating two new positions (Deputy Court Clerk & Court Records Specialist) within the Municipal Court and one new position (Senior Planner) within the Planning Department. Table I • Osfti n f i< �' i.7 t < x ; ) tDuQst `� $ '-�' b1 i ,t �,. #g.. Z i { X __: +tr} ;." t 5 �S - .J'i t, < M, c }� Y' .t' - - § i .1 ,.�-� ,Fv rT' 2 rt.,,,l t Iy "^< [' f j V - .d 4 5 .v^: �"r �. �. 3 !. V Y -�.a" 6 %- 1 '� fs ?xi' '. 5< } >, 2i �" . J^ "� t +4 'F-, .>v .v'..F ti, H t,. !_�:..�..�D�.i S _ t.x; .. � .. ii 4.-3 :.•vt x' .•v x .. ...t . s St,Itemnzed Start f - 1 IJ�1 {h zfj, 1 1 C , ..-.Y 1 4 ~`w.-' 4,t 3% { iN...x J�<-.__ i.. - l.x.♦ .-. a t y .TV d g 5 -Salary �- i Y k' S y ' �4 % k F�, ,,, i� } F'3e. X. , 4 BeneittS `v b.<....-. S ='"Y/T';�oAtCal `f 1:.x T - r`� ,. k� � 1Costs S.. '- Z s i , i Y Fh. , ax. i x,.l}n _+x�.... ..� • . Conduct planning research as it relates to • Desk/Chair Comprehensive Plan and Land Use Ordinance updates (planning initiatives, overlay districts, rewrites, etc.) - $1,000 • Computer $1,800 • Preparation of City Council communication reports (zoning cases) • Phone $250 Senior • Preparation of ZBA communication reports Planer • File Cab. $48,042 Salary $63,079 •. Process zone change requests (application, slides, powerpoint, etc.) $150 $4,800 Medical $3,675 FICA • Process ZBA (variance) requests (application, slides, powerpoint, etc:) -$3,362 TMRS • Prepare maps of zone change request • Research and prepare zoning verification letters • Meet with public (citizens, developers, etc.) concerning planning and development related issues t •. r t. Clt- z i� }R. ✓ � � 3'«5 � �.5� tsF >� {o, F' t '.E T ; �? 4y. �? ` x{ Li rb r ss N G '- '-Number aiElanners � /�■� ei Tf .-$<' 's c .l .... .si,� 'i'"i 't` 1Bu t S: pp O�e jJ .t.,:.v,n.,.,;4.., Friendswood :. 1 Sugarland -- 6 Baytown 6 - - Pasadena (nozoning) . .: `. 2 Galveston Missouri City 5 & 2 interns Webster 1 Pearland :' 2 Exhibit A Variances Number of Variances Processed Per Month Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 2003 2 5 3 5 9 5 3 6 1 3 1 0 43 2004 5 1 3 5 5 2 21 1 night meeting per month —1 to 2 hours per meeting No meetings with applicants or property owners — these are usually handled at the counter. Each case takes approximately 8 hours to do — this includes creating the files, notices, maps, site pictures, posting signs, staff report, agenda, mail notices, copy packets, power point presentation, approval letters. Zone Changes Number of Zone Changes Processed Per Month J Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 2003 7 5 7 10 6 5 4 4 4 6 4 0 62 2004 10 9 10 13 3 45 1 night meeting per month — 3 to 5 hours per meeting Meetings with applicants or property owners —10 hours average. Each case takes approximately 12 hours to do — this includes creating the files, notices, maps, site pictures, posting signs, staff report, agenda, mail notices, copy packets, power point presentation. Plat Reviews January —16 plat review February -18 plat review March —.14 plat review April - 29 plat review Each plat takes and average of 1 hour to review. 2-4 twice a month for night meetings. Exhibit B PRE -DEVELOPMENT MEETINGS Summary October 2003 to April 2004 Month October 2003 Number of Meetings Scheduled 8 November 2003 6 December 2003 11 January 2004 February 2004 March 2004 " 9 12 13 April 2004 May 2004 15 9 (As of 5/19/04) Pre -development meetings are coordinated by the Planning Department. . _ The purpose of the pre -development, meetings is to provide a one - stop shop for prospective developers.. Departments and City officials involved in the development and permitting process are present at these meetings to discuss applicable codes, ordinances and procedures. The departments represented at these -meetings include Deputy City Manager's office, Community Services, Planning and .: Zoning, Engineering, Fire Marshall, Building Permits, Economic Development, Public Works, Parks and Recreation and Fire Department. Pre -developments meetings are scheduled on, Wednesday mornings. from 9;00 a.m. to 12:00 p:m and 1:30 p.m. to 3:00 P.M. (if required). Exhibit C 2004 "COMPREHENSIVE PLAN: UPDATE City of Pearland started the process to update the Comprehensive Plan and formulate the Unified Development Code in May 2003. To date, thedraft of the Comprehensive Plan update has been reviewed :: by the Planning and Zoning Commission and City Council and is scheduled for a public hearing to consider adoption in June 2004. Subsequent to the adoption of the Comprehensive Plan Update, the • Consultant and staff will start work on the Unified Development Code. `which is estimated to be completed within six months of initiation. Planning Staff's involvement has included 1 Coordinating meetings with the Consultant, Steering Commitee, Planning and Zoning Commission -and City Council. 2 Providing technical assistance to the consultant, conducting studies and gathering` data. This has included a few all day work sessions in Dallas at the consultants office. • 3 Reviewing all revisions and ensuring that, the concerns. raised at the meetings are adequately addressed. 4Attending all workshops and meetings. Since May 2003, eleven (11) meetings'have been held Seven.(7) meetings with the Steering Committee Two (2) meetings with the Planning and Zoning Commission. Two (2) workshops with the Planning and Zoning Commission and City Council. Exhibit D PLANNED .UNIT DEVELOPMENT (PUD) In the past eight months.(since October 2004) seven (7) Planned Unit Development applications have been processed: Each PUD application involves a preliminary meeting with staff, informal discussion with Planning & Zoning Commission (P & Z), Joint Public Hearing with the City Council and P & Z, and finally two readings by the City Council. ": Staff is involved at all these stages and is responsible for compiling review comments from all departments, provide staff reports at the P & Z and Council meetings and ensure that PUD is modified to address concerns raised at these meetings. PUDs recently approved or under consideration are ... 1 Twin Lakes: 136 single family residential PUD on Veterans Drive. 2 Pearland Parkway PUD-.12.74 acres commercial and 288 single family residential PUD at Pearland Parkway and Old Alvin Road 3 Spectrum PUD -.148 acre Business Park at the south- west corner of Beltway 8 and SH 288 4 Ellis Plaza PUD Neighborhood services PUD at the north-west corner of Broadway and Hamm Road. 5 Parkside PUD - 43 townhomes"on Hooks Road. a' 6Office Professional PUD north of Shadow Creek Ranch Parkway. *Each PUD document is revised at least 3 times and sometimes up to6-7.times. On an average each PUD requires 50 hrs for review, report, presentation, follow up, meetings etc. Exhibit E SITE PLAN REVIEWS Planning and Zoning staff:is involved in the review of;site plans for commercial projects submitted for building permits. Typicallythe review consists of preliminary review of the plans and .• subsequent review of revisions. The site plans are reviewed to to ensure compliance with the requirements of the Land Use and Urban Development Ordinance.:.' A total of thirty (30) oroiects have been reviewed since December 2003. The table below shows the number of reviews conducted since - December 2003... ` Month Total Reviews December 2003 4 January 2004 6 February 2004 9 March 2004 April 2004 - 18. 8 Exhibit F OTHER FUNCTIONS: 1 Provide technical assistanceto other City Departments and PISD on future growth, Comprehensive Plan, Zoning, Land Use Ordinances etc. 2 Provide assistance to the citizens of Pearland on all land use issues. 3Organize all records and files regarding land use actions by Zoning Board of Appeals, City Council and Planning and Zoning Commission. 4Administrative support to Zoning Board of Appeals, Planning and Zoning Commission and City Council - minutes, agendas, notifications etc.