Loading...
1992-10-26 CITY COUNCIL REGULAR MEETING MINUTES15-4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 26, 1992, 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 Councilmember City Manager City Attorney City Secretary C. V. Coppinger Randy Weber D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, Police Chief Mike Hogg, and Ed Hersh, Parks Director. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the regular meeting of October 12, 1992, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed the annual "Buddy Poppy Sale" by the Veterans of Foreign Wars and local Vets accepted the proclamation. Mayor Coppinger issued a proclamation declaring October 26th - 30th as "Drug Awareness Week" and representatives from the Elks Lodge accepted this proclamation. Mayor Coppinger called on Ms. Naomi Taylor of Pearland Neighbor- hood Service Center who, along with other Board members from this organization, thanked the Council for the new roof at this facil- ity. At Mayor Coppinger's request, Emergency Management Coordinator David Smith reported the City's disaster plan is totally up-to- date, meeting state and federal requirements, and will be invalu- able to us in the event of a disaster. The plan will be distrib- uted to individuals and entities involved in disaster preparedness for the City. Mayor Coppinger reported a meeting has been held regarding the recent incident at the high school and Mayor Coppinger made the following statement: "It is regrettable that unfavorable atten- tion was directed to our community this past week due to a racial incident in our high school. However, it is to the credit of the community that the incident was handled appropriately and deci- sively by the Pearland Police Department and Pearland Independent School District administrators. We are further pleased to report that dialogue has been initiated with a responsible representa- Im tive of the Black community to explore all possible means of eliminating or minimizing such events in the future. As a result of that incident and other related incidents currently being highlighted by the news media, the Pearland City Council has directed that appropriate policies or resolutions condemning racial or sexual slurs, remarks, or conduct be enacted to the end that all City officials and employees are advised that such con- duct will not be tolerated." City Manager Grohman reported the City is in full compliance with employment law and will look at other areas with legal staff to see that we conform. Mayor Coppinger reported he and City Manager Grohman will have lunch with Friendswood's Mayor and City Manager to discuss issues of mutual interest. Mayor Coppinger addressed a recent editorial in a local paper, stating he felt citizens were always considered invited guests at Council meetings, and discussed ways their concerns are handled. Some of the Council, at the Mayor's invitation, offered comments regarding the article. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he presided over the Brazoria County Cities Association meeting held in Lake Jackson on October 21st. Councilmember Frank reported he recently toured the Neighborhood Service Center. Councilmember Weber discussed the progress of the retention pond issue that the Council, Staff, and Drainage District Commission- ers have been working on. Councilmember Colson reported her attendance at the meeting on October 14th regarding the Brio Site. Councilmember Smith reported his attendance at the Drainage District's Monday morning meeting and related their progress on work within the City limits. Mr. Smith informed he attended an emergency management seminar in Galveston the latter part of last week. Some of the City's weaknesses in the area of emergency management were realized from this meeting and these problems will be addressed soon. In closing, Councilmember Smith reported the Clear Creek Watershed meeting was held here on October 21st. At Mayor Coppinger's query, Mr. Smith advised the updated emer- gency management plan will be distributed to 28 individuals and/or entities. CITY MANAGER REPORT City Manager Grohman reported on the progress of the solution to detention pond maintenance throughout the City. Some cost fig- ures should be available in November. Mr. Grohman related headway in the public works area with progress being made in the area of the water line on Rustic Lane, the Regency Park area sewer problem, and some traffic controls which were recently installed at the request of citizens. City Manager Grohman continued his report with an update of the proposed FM 518 widening. Walsh Engineering is working with us on the utility relocations. Bid packages should be let in mid- November to provide water and sewer service to those areas on the west side of the City which have never had this benefit. Mr. Grohman reported the installation of capacitors throughout City facilities is still being done. The County is still working with the City in paving throughout the City with approximately 10,000 linear feet having been done. Durwood Greene, the con- 156 tractor for the 1992 Street Paving Program, should begin work this week. The McLean Park project is underway, Mr. Grohman said. Our crime index is down in the City and we have received funding again for our crime prevention officer, Matt Zepeda. Closing his remarks, City Manager Grohman introduced Mr. Ed Hersh, the City's new Parks Director. Mr. Hersh expressed his pleasure to begin working with the City of Pearland. It was announced there will be a meeting on November 10th of Chamber of Commerce representatives from the cities of Alvin, Manvel, Brookside, and Pearland to discuss the northern Brazoria County road expansion. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-31, AMENDING LAND USE ORDINANCE, FROM CLASSIFI- CATION R-3, PUD TO R-3, PUD, AT REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P. AND SHERNAZ BHANDARA, OWNERS, IN THE RIVERWALK SUBDIVISION Ordinance No. 509-31 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Ordinance No. 509-31 be passed and approved on its second and final reading. Said Ordinance No. 509-31 reads in caption as follows: ORDINANCE NO. 509-31 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI- CATION OF CERTAIN REAL PROPERTY LOCATED IN RIVERWALK SUBDIVISION FROM R-3 PLANNED UNIT DEVELOPMENT (R-3, PUD) TO R-3 PLANNED UNIT DEVELOPMENT (R-3, PUD) AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P. AND SHERNAZ BHANDARA, OWNERS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVI- SIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 569-1, AMENDING THE CODE AT CHAPTER 20, FOR THE PURPOSE OF PROVIDING FOR ASSESSMENTS FOR FALSE ALARMS Ordinance No. 569-1 was read in caption by Mayor Coppinger. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 569-1 be passed and approved on second and final reading. Said Ordinance No. 569-1 reads in caption as follows: ORDINANCE NO. 569-1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVI- SIONS, SEC. 20-29, FOR THE PURPOSE OF PROVIDING FOR ASSESSMENT FEES FOR FALSE ALARMS; AND PROVIDING FOR AN EFFECTIVE DATE; AND CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, CODIFICATION, AND PUBLICATION. 157 Voting "Aye" - Councilmembers Smith. Voting "No" - None. Motion passed 5 to 0. Miller, Frank, Weber, Colson, and ORDINANCE NO. 645, ESTABLISHING FEES TO RECOVER ACTUAL COSTS INCURRED IN PROCESSING RETURNED CHECKS Ordinance No. 645 was read in caption by Mayor Coppinger. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 645 be passed and approved on its second and final reading. Said Ordinance No. 645 reads in caption as follows: ORDINANCE NO. 645 AN ORDINANCE OF CITY OF PEARLAND, TEXAS, ESTABLISHING FEES TO RECOVER THE ACTUAL COSTS INCURRED IN PROCESSING RETURNED CHECKS, GIVEN IN SATISFACTION OF ANY FINE, FEE, PERMIT, LICENSE, OR OTHER GOODS OR SERVICES OF THE CITY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 646, ESTABLISHING SPEED ZONES ALONG VETERANS DRIVE Ordinance No. 646 was read in caption by Mayor Coppinger. It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 646 be passed and approved on its second and final reading. Said Ordinance No. 646 reads in caption as follows: ORDINANCE NO. 646 AN ORDINANCE ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON VETERANS DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 450-10, ESTABLISHING AND REESTABLISHING CLASSIFICA- TIONS AND PAY PLAN FOR POLICE DEPARTMENT Councilmember Smith asked the Council's permission to read the following statement into the records of the City: "We, the City Council, have in the 1992-93 budget, authorized pay 158 increases for classified employees in the approximate amount of $50,000.00 which should have been effective in the October pay period. There was a time when Civil Service offered more protection than was afforded to those employees not covered by Civil Service. Due to misunderstandings, half truths, and in some cases out- right lies, this proposal has caused some hard feelings. It was my intention to discontinue Civil Service and pass its cost on to those classified employees in the form of a pay increase, this in addition to the pay increase already proposed, which in turn would make the Pearland Police Department one of the better paid departments in the area. It has been and will always be my desire to have Pearland Police Department employees the best paid in the area. Therefore, I would like to go on record as such. To those who have misunderstood my approach to a better City of Pearland, I can only say that I have the best interest of the employees at heart. To those who cannot, or will not accept my efforts I say, "you missed the point" and I am sorry, however, please bear in mind that I have a great concern for all City of Pearland employees and want only the best for all concerned. It is my opinion that the pay increase should be retroactive to the first pay period in this budget year. I would like these statements to be entered in the official minutes verbatim." It was moved by Councilmember Smith that the allotted monies which have been set aside for pay increases to the classified employees be distributed under the direction of the City Manager. The Charter states, Mr. Smith continued, that the Council will set the salaries of all City employees but I think we should have the good sense to delegate that authority to the City Manager. This money should be made available immediately for distribution on a retroactive basis, Councilmember Smith stated. Councilmember Frank asked if a clerk's position was not to be added to this. Councilmember Smith said he felt this was under- stood but would amend the motion if it was felt necessary. Councilmember Smith amended his motion to state that civilian employees will be hired to put in the department where they can be used. Councilmember Frank seconded this motion. Councilmember Weber said it was his understanding that Council had authorized the City Manager to add one clerk to the Police Department and bring to Council a plan for dividing up the rest of the allotted pay increase money evenly. A discussion followed regarding instructions given to the City Manager, letting him follow through with his duties, and the provisions of the budget. Councilmember Weber stated it was incumbent at this time to look over the City Manager's shoulder and ask him to bring a plan to Council before its approval. Councilmember Frank stated it was his understanding that City Manager Grohman was aware of this and he would withdraw his second with the understanding that the pay increases will be retroactive. City Manager Grohman stated the ordinance will have to be rewrit- ten and he will get back to Council as soon as possible. Councilmember Weber stated action of this ordinance would be deferred tonight until an exact plan can be prepared. Zo City Manager Grohman stated he understood the Council wanted to give raises to the classified employees of the Police Department retroactive and he will look at the logistics of how it is to be done. Mr. Grohman said the parameters were understood - $50,000 minus the cost of one clerk divided among all classified employ- ees. Councilmember Weber questioned the stipulations of filling posi- tions as they come open or phasing them out. Councilmember Smith urged the Council to give the City Manager a directive which will be put in writing by the City Attorney in the form of an ordinance. Mayor Coppinger explained the Council has conscientiously worked on this problem, giving time and effort to it. City Manager Grohman restated the instructions which he para- phrased as giving the legal staff, Chief Hogg, and himself the directive to prepare an ordinance that would meet the classified pay plan with the raises dividing some $50,000 minus the cost of one civilian personnel. Councilmembers Frank and Weber stated the key word was "evenly." Councilmember Weber suggested the motion be restated and Council - member Smith asked Mr. Weber to make it with Mr. Smith seconding it. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Mr. Grohman be authorized to add one clerk to the Police Department and bring Council a plan for dividing up the rest of the allotted pay increase money in the Police Department evenly. It was stated that the previous motion and second made by Coun- cilmembers Smith and Frank had been withdrawn. Councilmember Miller asked for an explanation of "divided up equally." Does this mean $50,000 will be divided by 30, Mr. Miller asked? Councilmember Miller stated he didn't want the wrong impression to be created by using the terminology "divided up equally." City Manager Grohman stated it was his understanding that Council wanted to get the percentages closer to each other rather than having some individuals getting 3% and some 12%. A greater parity is desired. Upon call for the vote by Mayor Coppinger, motion passed 4 to 0, with Councilmember Colson abstaining. APPOINTMENTS TO GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS AND BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ronald D. West be appointed to a four year term on the Gas and Plumbing Code Board of Adjustments and Appeals. The motion was amended to include the reappointment of Gary Shiver to this board for a four year term. The seconder of the motion agreed to this amendment. Motion passed 5 to 0. It was moved by Councilmember Miller, seconded by Councilmember Weber, that Ronald Parker be reappointed to a four year term and Jerry Acosta be appointed to a four year term on the Building Code Board of Adjustments and Appeals. Motion passed 5 to 0. 160 RESOLUTION NO. R92-34, TRAFFIC SIGNS AT ORANGE CIRCLE NORTH AND ORANGE CIRCLE SOUTH AT THEIR INTERSECTION WITH MYKAWA ROAD Resolution No. R92-34 was read in caption by Mayor Coppinger. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Resolution No. R92-34 be passed and approved on its first and only reading. Said Resolution No. R92-34 reads in caption as follows: RESOLUTION NO. R92-34 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND UPON ORANGE CIRCLE NORTH AND ORANGE CIRCLE SOUTH AT THEIR INTERSECTION WITH MYKAWA ROAD. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 387-3, AMENDING ORDINANCE 387-2, ALTERING SPEED LIMITS REGARDING SCHOOL ZONES Ordinance No. 387-3 was read in caption by Mayor Coppinger. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Ordinance No. 387-3 be passed and approved on its first reading. Said Ordinance No. 387-3 reads in caption as follows: ORDINANCE NO. 387-3 AN ORDINANCE AMENDING ORDINANCE NO. 387-2 BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGH- WAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. City Manager Grohman commented the purpose of this ordinance is to have school zones in force during the actual times the chil- dren are coming to and from school. RESOLUTION NO. R92-35, AUTHORIZING CITY MANAGER TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE PURPOSE OF SECURING AN UPDATED PARK AND OPEN SPACE PLAN Resolution No. R92-35 was read in caption by Mayor Coppinger. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Resolution No. R92-35 be passed and approved on its first and only reading. Said Resolution No. R92-35 reads in caption as follows: RESOLUTION NO. R92-35 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR PROFESSIONAL SERVICES FOR THE PURPOSE OF SECURING AN UPDATED PARK AND OPEN SPACE PLAN FOR THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. REVISION OF MAJOR STREET PLAN, CHANGING WALNUT STREET FROM A 120' RIGHT-OF-WAY THOROUGHFARE TO AN 80' RIGHT-OF-WAY COLLECTOR STREET City Manager Grohman stated this item was in response to Terry Gray's request before Council under Citizens. Upon research, it appears, Mr. Grohman continued, that FM 518 originally was in- tended to follow Walnut. That never materialized and the 120' of previously required right-of-way is not needed. Eighty feet is sufficient and will allow forty feet to be given back to the property owners for their use. Eighty feet will be adequate for a five lane, center turning lane, sometime in the future. Changing the right-of-way from 120' to 80' feet will also be the first step in correcting the intersection of Walnut and Broadway (FM 518) which has resulted in continual citizen comments. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the major street plan be revised, changing Walnut Street from a 120' right-of-way thoroughfare to an 80' right-of- way collector street. Motion passed 5 to 0. OTHER BUSINESS: None CITIZENS 1. Frances Jamison, FM 518. Mrs. Jamison read an excerpt from the Open Records Act by Attorney General Dan Morales. Mayor Coppinger and Ms. Jamison engaged in a discussion regarding the actions of the Council, Mrs. Jamison's litiga- tion, and her appearances before Council. 2. Daphne Hereford, 2904 Yost. Ms. Hereford discussed concerns regarding tax dollars spent. She also discussed the City's acquisition of land which will be needed for the widening at Mary's Creek and John Lizer Road. Ms. Hereford questioned allegations raised about a city employee. 3. Bruce Kirby, 3207 Lee Circle. Mr. Kirby urged resolution of litigation with Frances Jamison and requested copies of recent documents which were amended at their adoption. ADJOURN The meeting adjourned at 9:04 P. M. Minutes approved as submitted and/or corrected this day of _2? , A. D., 1992. ATTEST: e Pat Jones ity Secretary 161