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1993-03-08 CITY COUNCIL REGULAR MEETING MINUTESM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 8, 1993, 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 and Police chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Frank, that the minutes of the regular meeting of February 22, 1993, be approved as submitted. Motion passed 4 to 0, with Councilmember Colson abstaining. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Police Chief Hogg, read a proclama- tion proclaiming the twenty-fifth anniversary of the Rosette Chapter of the American Business Women's Association. Chief Hogg announced that two of the women, Alma Nolen and Nell Fuller, were charter members and presented Ms. Fuller with a bouquet of yellow roses for having perfect attendance during this entire period. Councilmember Frank, liaison to Clean Pearland, assisted Mayor Coppinger as he proclaimed "Keep America Beautiful Month." Delores Fenwick and Stella Roberts, representatives of Clean Pearland, accepted the proclamation. Ms. Fenwick presented the Council with T-shirts from the organization and described some of the coming activities to celebrate this month. Mayor Coppinger, assisted by Councilmember Weber, proclaimed "Girl Scout Day" in Pearland. Local girl scouts and their lead- ers accepted the proclamation and related to the audience some of their many activities. Councilmember Colson assisted Mayor Coppinger in proclaiming "Little League Day" for Saturday, March 27. Mayor Coppinger will be participating in the opening day activities and will take the proclamation to the ceremonies. "Brazoria County Days at the Texas Legislature" was proclaimed and Councilmember Miller assisted Mayor Coppinger in reading this proclamation. Mr. Miller, who currently serves as President of Brazoria County Cities Association, announced that BCCA has contributed $500 toward this effort which will be held March 22 and 23 in Austin. Continuing his report, Mayor Coppinger asked Mrs. Frances Jamison to stand and be recognized, noting her cannery was recently featured on the television program, "The Eyes of Texas." Mayor Coppinger commented on the bus trip taken last Friday and Saturday by over 30 Pearlanders. Chamber of Commerce members Tommy Alexander and Billye Arcemant reported on the success of the trip. The cities of Plano, McKinney, and Arlington were visited to get ideas for growth and development in our city. Mayor Coppinger announced a joint workshop with the Parks Board and the Council will be held tomorrow, March 9, to discuss family aquatic centers. Mayor Coppinger asked City Manager Grohman to comment on the status of Randall Drive, the intersection of FM 518 and Barry Rose Road, and the intersection of John Lizer and Hwy 35 when he gave his report. Closing his report, Mayor Coppinger reported his attendance at the Ministerial Alliance Breakfast which went well, Mr. Coppinger stated. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Frank reported that thirty-three people went on the bus trip which was very informative. Mr. Frank stated he had learned there were grants available for senior citizens and he has requested two of the cities which were visited to send him information on these grants. Councilmember Weber reported his attendance at the YMCA Teen Court which was held on February 26 at the Community Center. Mr. Weber was present at the Ministerial Alliance Breakfast. Coun- cilmember Weber echoed those who had spoken before him on the success of the bus trip and urged cooperation between the School District, the City and the Chamber of Commerce. Councilmember Colson reported her attendance at the Teen Court presentation and thanked Carrol Frank, Municipal Court Clerk, for her participation in this event. Ms. Colson also attended the Ministerial Breakfast which was hosted by local banks. Continuing her report, Councilmember Colson reported she has been asked by the Centennial Committee, with Council's permission, to be the liaison to the Council for this body. A big year is being planned for the City in 1994, when the City celebrates its 100th anniversary of the Town's platting on September 26, 1894. Ms. Colson also praised the fact-finding bus tour trip and stressed the need for a better cooperation program with the School District. Councilmember Smith reported he attended two presentations, one by Chief Hogg and one by City Manager Grohman, on teamwork and said both were excellent. Continuing his report, Mr. Smith reported his attendance at the Drainage District's meeting this morning and stated the Commissioners are anxious to begin their part of the work needing to be done on FM 518 for its eventual widening. Closing his report, Councilmember Smith advised that FEMA is now setting guidelines and some of these appear to be unrealistic for the City and will result in higher insurance costs to our taxpay- ers. Mr. Smith urged Staff to look at these proposed regulations and give its input for the City. FEMA is the Federal Emergency Management Agency and this agency's jurisdiction weighs heavily upon our City's disaster plan, flood insurance matters, and 242 recovery assistance, Mr. Smith stated. CITY MANAGER'S REPORT City Manager Grohman reported the Staff contribution to United Way had increased this year, which resulted in the the City being named as an Achievement Award Winner, and he commended the em- ployees. Softball leagues are beginning again this year in the City Parks after several years absence. Eight teams have been formed, including a City employee team. Renovations are being done on park structures such as the bath houses. A workshop will be held tomorrow night regarding family aquatic centers. Paving is continuing throughout the City and a street light will be installed on Old Alvin Road where it curves and creates a driving hazard. Mr. Grohman informed this is not standard proce- dure as lights are usually put only at street corners, but in response to a citizen's request, this area was checked at night and warranted such lighting. City Manager Grohman reported two street projects have been turned into Houston -Galveston Area Council (H -GAC) for funding. Federal funding for highways has now been given over to area local councils of government. The projects request Dixie Farm Road to be redone and widened and that an exit from the Beltway be made somewhere between Green Tee Subdivision and the barbecue restaurant to the west. There is approximately $40 million to be spent within eight counties and Mr. Grohman related that our chances are slim, but a good effort was made and we are hopeful to acquire this funding. Continuing his report, City Manager Grohman reported there is only one section of right-of-way still needing to be obtained for the west side sewer plant and this project should begin soon. Regarding the widening of FM 518, it is anticipated dirt work on the drainage will begin in mid to late April and the bid for utility work will be awarded near that time. The State should begin its work September 1. The intersection at Barry Rose Road is still being considered. The Planning and Zoning Commission, which is working on possible solutions for this irregular intersection, lacked a quorum at its last meeting and this has held progress up somewhat, Mr. Grohman reported. The John Lizer and Highway 35 intersection project has been very frustrating, Mr. Grohman stated. The Staff was advised, prior to his tenure, Mr. Grohman informed, to acquire right-of-way and do surveying when the schematic was sent. It was months before the schematic was received. Staff conducted the surveying and the parcels were appraised. The State then said they would do the surveying and appraising and approximately 90 work days were lost, Mr. Grohman informed. However, the State has advised they have a bid letting date for June and it is anticipated the road- work providing for a turning lane will begin sometime in late summer or early fall. The engineering work for the high school road is in its design phase and this first phase is progressing well. At Mayor Coppinger's question, City Manager Grohman reported on the progress of the traffic problem at Cole's Flea Market. Mr. Grohman reported the problem lies, again, with the State as Mr. Cole has given the City a check for his portion of the traffic light to be installed there. The drive access into the market has been limited somewhat to facilitate the traffic flow but true progress rests largely in the actions of the State Highway De- partment_ Councilmember Weber suggested that, along with the widening of the remaining portion of FM 518, signalization of the lights be included. City Manager Grohman informed the current plan did not call for it, but it was appropriate to suggest it be done at this time and he would ask the Highway Department to consider it. Mayor Coppinger asked Council's concurrence to change the order of business on the agenda and go to Item No. 4 under New Business due to the large number of citizens in the audience who are concerned with this matter. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS PRESENTATION OF COST ESTIMATE TO EXTEND RANDALL DRIVE TO BARRY ROSE ROAD City Manager Grohman explained Staff had done a cost study at the request of Council. The rough estimate is $27,000, Mr. Grohman stated, with some of that cost due to the grade difference be- tween Barry Rose Road and Randall Drive. The schematic drawing included in the packet, which was not reflected in the cost, suggests that this extension, if approved, line up with the entrance to the apartment complex. One of our traffic problems in the City, Mr. Grohman stated, is off -set intersections. City Manager Grohman stated Randall Drive is not designed to be a collector street and, going back to the thoroughfare plan, Orange Street is still the best solution. Citizen Input: 1. Bill Poston, Vice President of Regency Park Subdivision Civic Club, 3301 Jacquelyn. Mr. Poston stated the Civic Club was opposed to the opening of Randall Drive and asked that the Council make it a permanent dead end street as has been done in other subdivisions. 2. Steven Andrews, President of Regency Park Subdivision Civic Club, 2407 Malon. Mr. Andrews stated he represented the many citizens present in the audience who objected to the proposed opening of Randall Drive. He noted that a petition was presented to the City Secretary containing 89 signatures opposed to the plan. Mr. Andrews, a policeman by profes- sion, stated reasons for his opposition related to possible crime problems. Council discussed the proposed expansion and it was moved by Councilmember Smith that no funds be expended to extend Randall Drive. This motion was seconded by Councilmember Miller. Motion passed 5 to 0. CITIZENS 1. Bill Sloan, 3706 Dorothy Lane. Mr. Sloan asked Council to favorably consider constructing a road to the new YMCA facility from FM 518. 2. Steven Giminez, Executive Director of YMCA. Mr. Giminez, representing Tri -County YMCA, also encouraged the City to j� reconsider the construction of the road to the new "Y" facility and informed the Council of the dimensions of the new site. Mayor Coppinger inquired about the new Teen Court soon to be established and Mr. Giminez informed it will be held at the Municipal Court room of the City on Saturday mornings. Mayor Coppinger recognized Bill Cowles in the audience and announced that Mr. Cowles is the YMCA's Volunteer of the Year. Mayor Coppinger also recognized Janis Lowe who stated that eventually the Teen Court will be held in the new "Y" facility and encouraged the construction of the road. Mayor Coppinger stated the Chamber of Commerce had written a letter requesting the Council to construct this road. MEETING RECESSED AT 8:45 P. M. MEETING RECONVENED AT 8:58 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-36, AMENDING LAND USE ORDINANCE, AL LENTZ, AGENT FOR L. F. GOZA, OWNER, FROM GENERAL BUSINESS TO COMMERCIAL ON PROPERTY LOCATED AT 1000 E. BROADWAY Ordinance No. 509-36 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-36 be passed and approved on its second and final reading. Said Ordinance No. 509-36 reads in caption as follows: ORDINANCE NO. 509-36 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLAS- SIFICATION OF CERTAIN REAL PROPERTY LOCATED IN A POR- TION OF LOT 26 OF THE GEORGE W. JENKINS SUBDIVISION FROM GB, GENERAL BUSINESS TO C, COMMERCIAL, AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR L. F. GOZA, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABIL- ITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. I Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-11, AMENDING ORDINANCES 450-7, 450-8, 450-9 AND 450-10, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR POLICE OFFICERS City Manager Grohman stated he felt it was the desire of Council that action on this item be deferred until after Executive Ses- sion. It was moved by Councilmember Frank that this item be postponed until after Executive Session. Councilmember Smith asked that the motion be amended to include the deferment of Item No. 2 under New Business also. Councilmember Frank agreed to this amendment and the motion was seconded by Councilmember Weber. Motion passed 5 to 0. NEW BUSINESS AWARD OF BID NO. B93-5, OIL AND GAS LEASE City Manager Grohman informed that we did advertise, as required by law, for the oil and gas lease of the old landfill site. One bid was received in the amount of $1,500 and Staff recommends award of this bid. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Bid No. B93-5 be accepted in the amount of $1500 for the oil and gas lease on the twenty acre tract at the old land- fill site. Discussion followed regarding whether a portion of this property could be used for a City compost site and Mr. Grohman stated he felt this was feasible. The terms of the lease were discussed with the length being three years with a 1/6 royalty. r-.. Motion passed 5 to 0. RESOLUTION NO. R93-13, AMENDING RESOLUTION NO. R93-5 FOR THE PUR- POSE OF CORRECTING THE MONETARY AMOUNT FOR CITY'S PARTICIPATION IN APPLYING FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER As noted in previous action, this item is to be passed until after Executive Session. RESOLUTION NO. R93-14, AUTHORIZING STOP SIGNS AT INTERSECTION OF EAGLES WAY AND GREEN TEE DRIVE, CREATING A THREE-WAY STOP INTER- SECTION Resolution No. R93-14 was read in caption by Mayor Coppinger. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Resolution No. R93-14 be passed and approved on its first and only reading. Said Resolution No. R93-14 reads in caption as follows: RESOLUTION NO. R93-14 A RESOLUTION AUTHORIZING, DIRECTING AND RATIFYING THE PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF EAGLES WAY AND GREEN TEE DRIVE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller. Voting "No" - None. Motion passed 5 to 0. REFINANCING A PORTION OF OUTSTANDING DEBT AND APPROVAL OF SCHED- ULING OF EVENTS City Manager Grohman informed Frank Ildebrando of Rauscher Pierce Refsnes, Inc., the City's financial advisor, was expected to be here at this time but was apparently running late due to a previ- ous commitment. Mr. Grohman referred to the calendar page in the booklet previ- ously prepared by Mr. Ildebrando's office and discussed the calendar of events as it relates to the City's ability to refi- nance a portion of its outstanding debt. There is a short window of time where there has been a downward spiral in rates of tax free bonds. City Manager Grohman recalled that, prior to his tenure, Council had refinanced other bonds in the period around 1990. Money can be saved now by refinancing some of those bonds which were not included in the 1990 refinancing. Depending upon the time frame and how the procedure is done as little as $259,00 to as much as $313,000 can be saved. This does not lengthen our debt, Mr. Grohman explained, which will be at the same number of years but at a much lower finance rate. The interest rate is currently at the 6.5% range as all the bonds were cumulated but the new bond costs will be in the range of approximately 4.8% which includes all costs of issuance including insurance to make them all AAA bonds. City Manager Grohman explained the amount of savings given were net savings and stated Staff recommends this be done as the window of time to effect these savings is fairly short. Council discussed that municipal utility districts have recently followed similar procedures. Mr. Grohman informed that we cannot refinance all our bonds as those done previously in 1990 would become taxable. The effect of rating services was discussed and Mr. Grohman stated this will be favorable as Council had dis- cussed previously the possibly of issuing more bonds sometime in the future. Following this procedure will allow us to move that window of time forward to as close as this summer for projects such as Dixie Farm Road and the Hughes Road extension. Approxi- mately $4.7 million could be issued because of the lower interest rate which would allow us to fund a major project. Mr. Ildebrando arrived in the Chambers at this time and discus- sion followed regarding the anticipated tax base rate. Council discussed alternate means of financing, the City's past history of debt issuance, and Mr. Ildebrando's firm's analysis of the City's financial condition. It was noted the savings the City will realize will come out of the pockets of the bond holders. Mr. Ildebrando listed the series of bonds to be considered. Mr. Ildebrando suggested his firm be given authorization to prepare the official statement and begin the necessary paperwork and agreement can be reached when exact figures are known. It was moved by Councilmember Smith, seconded by Councilmember Colson, that authorization be given to Mr. Ildebrando and Staff to move forward with refinancing a portion of the City's out- standing debt and upon final analysis, Council will decide the procedure to be followed to carry out this refinancing. Motion passed 5 to 0. ADOPTION BY MINUTE ORDER OF A POLICY REGARDING HANGING OF BANNERS Division Director Richard Burdine discussed the proposed policy to erect banners in the City. The State's requirements, as well as liability to the City, were discussed. The amount of insur- ance to be carried by those requesting the banners to be hung was discussed at length. It was noted that the cost to meet this requirement might prove a hardship to some groups but that the City's liability in the event of an accident was a prime concern. After much discussion regarding insurance costs and liability of the parties involved, it was moved by Councilmember Miller that the policy as proposed by Staff be adopted with the stipulation that policy item #6 be amended to increase the amount of insur- ance from $100,000 to $300,000. This motion was seconded by Councilmember Smith. More discussion followed regarding this issue and the effect it may or may not have on area groups who request banners to be hung from time to time. It was noted that the City's main responsi- bility is to protect the City and its taxpayers. Motion passed 4 to 1, with Councilmember Frank voting no. EXCUSED ABSENCE FOR COUNCILMEMBER COLSON FROM REGULAR MEETING OF FEBRUARY 22, 1993 It was moved by Councilmember Smith, seconded by Councilmember Weber, that Councilmember Colson be excused from this meeting. Motion passed 4 to 0, with Councilmember Colson abstaining. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:49 P. M. UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2 Mayor Coppinger read from the posted agenda the following items to be discussed in Executive Session: SUBSECTION (f) ACQUISITION OF LAND - Discussion regarding pur- chase price and appraisal of land for road site. SUBSECTION (g) PERSONNEL - Discussion of personnel issues related to the Police Department. MEETING RETURNED TO OPEN SESSION AT 11:06 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. UNFINISHED BUSINESS ORDINANCE NO. 450-11, AMENDING ORDINANCES 450-7, 450-8, 450-9 AND 450-10, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR POLICE OFFICERS It was moved by Councilmember Miller, seconded by Councilmember Frank, that the second reading of Ordinance No. 450-11, which called for an additional officer to be added to the Police De- partment, be disapproved at this time. Said Ordinance No. 450-11 reads in caption as follows: ORDINANCE NO. 450-11 AN ORDINANCE AMENDING ORDINANCES NO. 450-7, 450-8, 450- 9 AND 450-10 OF THE CITY OF PEARLAND, TEXAS, ESTABLISH- ING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFI- CATION PAY PLAN FOR ALL POLICE OFFICERS, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICA- TION, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERN- MENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABIL- ITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELAT- ING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith. Voting "No" - None. Motion passed 5 to 0, with Ordinance No. 450-11 failing on its second and final reading. NEW BUSINESS RESOLUTION NO. R93-13, AMENDING RESOLUTION NO. R93-5 FOR THE PURPOSE OF CORRECTING THE MONETARY AMOUNT OF THE CITY'S PARTICI- PATION IN APPLYING FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER Resolution No. R93-13 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R93-13 be passed and approved on its first and only reading. Said Resolution No. R93-13 reads in caption as follows: RESOLUTION NO. R93-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R93-5 FOR THE PURPOSE OF CORRECTING THE MONETARY AMOUNT OF THE CITY'S PARTICIPATION IN APPLYING FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER AND AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller. 248 Voting "No" - None. Motion passed 5to 0. ADJOURNMENT The meeting adjourned at 11:08 P. M. Minutes approved as submitted and/or corrected this ! `�' day of `i,' _/ , A. D., 1993. i . cop"er, Ma36r 1p 11 ATTEST: Pat Jones, ty Secretary