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1991-02-25 CITY COUNCIL REGULAR MEETING MINUTES70 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON FEBRUARY 25, 1991, 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 INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger David Smith Richard Tetens Randy Weber D. A. Miller William Wolff James DeShazer Lester Rorick Pat Jones The invocation was given by Councilmember Tetens. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of February 11, 1991, be approved as presented. Councilmember Smith asked that the Minutes be corrected to show in his Council Activity Report that the Drainage District requested that borings, not pourings, be done. The maker and the seconder of the motion amended said motion accord- ingly. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Weber reported he visited with the Senior Citizens at their well -attended luncheon on February 14th. Mr. Weber also attend- ed the BCCA function in Freeport on February 20th. On February 22nd, Councilmember Weber attended the Chamber of Commerce breakfast as well as the rally at Pearland High School in support of our troops which featured Senator Phil Gramm as the keynote speaker. Councilmember Weber praised the patriotism found in Pearland. Councilmember Smith reported meeting with the Clean Pearland Board. Mr. Smith also met with Brazoria County Drainage District No. 4 and discussed the action item on this meeting's agenda pertaining to the widening of Mary's Creek in the McLean Park area. Councilmember Miller praised the EMS and the Police Department Dis- patching Unit for their quick and courteous response to a recent emergency at his home. Mr. Miller advised that he is still getting complaints about off-street vehicles in the South Corrigan area and suggested possible solutions. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported attending the Ladies Auxiliary to the Veter- ans of Foreign Wars No. 7109 Safety Program and praised them for their efforts. CITIZENS 71 1. Warren Leddick, Brazoria County Parks Director Mr. Leddick discussed a proposed 80 acre park for the north- ern portion of Brazoria County which will be called Resoft Park. The park will be located near the County Substation on Highway 35. DEPARTMENTAL REPORTS City Manager Jim DeShazer reported Allen Engineering has been con- tracted to do borings along Mary's Creek but weather has not permitted this work to be done as yet. -DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW -BUSINESS COUNCIL APPROVAL OF SCHEDULE OF EVENTS TO SELL $2,125,000.00 IN CER- TIFICATES OF OBLIGATION FOR PUBLIC IMPROVEMENTS AS PRESENTED BY FRANK ILDEBRANDO, RAUSCHER PIERCE REFSNES, INC. City Manager DeShazer went over the schedule as submitted by Mr. Ildebrando. The Council discussed the City's bonded indebtedness, tax rate, interest rates, and retirement of the capital debt. The certif- icates are to be sold for construction of the Senior Citizens' facili- ty, improvements to McLean Park, and street and drainage improvements. Councilmember Wolff explained that when the refinancing of city debt was taken into consideration a 42¢ maximum limit was set only on that portion of the tax related to the retirement of capital debt. This does not mean, Mr. Wolff stated, that there will not be a raise in city taxes but this raise, if needed, will be for maintenance and operation. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that the Tentative Schedule of Events for the issuance of $2,125,000.00 of Certificates of Obligation as set forth by Mr. Ilde- brando be adopted and designated specifically for the McLean Park, construction of a new Senior Citizens' facility and the balance being set for roadways and drainage. Motion passed 5 to 0. ORDINANCE NO. 559-1, AMENDING ORDINANCE NO. 559, WHICH ESTABLISHED A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALLEYS AND OTHER PUBLIC WAYS, FOR THE PURPOSE OF INCREASING THE ADMIN- ISTRATION FEE FROM $25.00 TO $100.00 City Manager DeShazer explained the costs to notify adjacent property owners by certified mail and cost of manhours of City Staff far exceed the $25.00 fee currently being charged. Staff is requesting an in- crease in administration fee simply to break even, Mr. DeShazer stat- ed. Ordinance No. 559-1 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 559-1 be passed and approved on first reading. Said Ordinance No. 559-1 reads in caption as follows: ORDINANCE NO. 559-1 AN ORDINANCE AMENDING ORDINANCE NO. 559, (ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PORTIONS THEREOF, ETC.) FOR THE PURPOSE OF INCREASING THE ADMINISTRATION FEE FROM $25.00 TO $100.00, CONTAIN- ING A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE. �72 Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 456-3, ORDINANCE APPROVING AND AUTHORIZING CITY POLICY ON THE USE OF DRUGS AND ALCOHOL BY CITY EMPLOYEES AND JOB APPLICANTS City Manager Jim DeShazer informed he and Human Resources Coordinator Mary Hickling had attended seminars on this subject and there were no provisions for this in our personnel policy except in the event of a workman's compensation case where there was an injury. City Manager DeShazer asked for passage of this ordinance to be later incorporated into the Personnel Ordinance which would allow for random testing of City employees for drug and alcohol abuse. Ordinance No. 456-3 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Ordinance No. 456-3 be passed on first reading. Said Ordinance No. 456-3 reads in caption as follows: ORDINANCE NO. 456-3 AN ORDINANCE OF THE CITY OF PEARLAND APPROVING AND AUTHORIZING THE CITY OF PEARLAND POLICY ON THE USE OF DRUGS AND ALCOHOL BY CITY EMPLOYEES AND JOB APPLICANTS FOR CITY POSITIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A;" CONTAINING A REPEALER CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. In discussion, Council discussed the necessity of this ordinance, hiring employees, and employee assistance programs for those abusing drugs or alcohol. Legalities and first freedoms as well as the public good of the citizens were discussed. Upon call for the vote, the Council voted as follows: Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE SALE OF THREE TRACTS OF LAND OWNED BY THE CITY City Manager DeShazer informed the City owned three tracts of land found in Longwood Park, the old Townsite, and Twin Creek Woods. These tracts have been removed from the tax roll as tax exempt. They are either too small for any use or are in the 100 year floodplain with one tract having a portion of it in the 100 year floodway. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager be authorized to advertise these three tracts of land for sale and bring the bid tabulations back to the Council for its approval. Motion passed 5 to 0. APPOINTMENT OF THREE MEMBERS TO THE LIBRARY BOARD FOR A THREE YEAR. TERM It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bettye Alexander, Rosalie Olah, and Ed Fondren be reappointed to three year terms on the Library Board. Motion passed 5 to 0. 73 APPOINTMENT OF TWO MEMBERS TO THE ELECTRICAL BOARD FOR A TWO YEAR TERM It was moved by Councilmember Tetens, seconded by Councilmember Mill- er, that Robert Kettle and Charles Michna be reappointed to two year terms on the Electrical Board. Motion passed 5 to 0. AUTHORIZATION FOR BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO WIDEN MARY'S CREEK THROUGH MCLEAN PARK Councilmember Smith stated this was a worthwhile endeavor which would give some character to McLean Park creating berms and landscaping features, as well as give the Public Works Department some needed dirt for the cover of the old landfill and lastly would give some needed retention. Councilmember Wolff asked for a recess so that interested parties might take a closer look at a map and drawings of this area. MEETING -RECESSED AT 8:18 P. M. MEETING RECONVENED AT 8:25 P. M. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the Mayor be authorized to write a letter to the Drainage Commis- sion granting to them the right to proceed with a 100 year flood right-of-way across the City Park on McLean Road. Motion passed 5 to 0. RESOLUTION NO. R91-8, RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF MERCHANDISE OFFERED UNDER THE COOPERATIVE PURCHASING PROGRAM City Manager DeShazer explained we have an ambulance budgeted and can purchase this vehicle through H -GAC without having to go through the bidding process. Mr. DeShazer explained this will be done with a purchase order and asked for Council approval of this resolution. Resolution No. R91-8 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R91-8 be passed on its first and only reading. Said Resolution No. R91-8 reads in caption as follows: RESOLUTION NO. R91-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUN- CIL FOR PURCHASE OF MERCHANDISE AS OFFERED UNDER THE COOPERATIVE PURCHASING PROGRAM. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:30 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session this evening: UNDER SUBSECTION (g) PERSONNEL - 1) Discussion concerning employee personnel matter in accordance with Personnel Policy and 2) Discussion of appointment of member to the Planning and Zoning Commission to fill 74 unexpired term (resignation of Clyde Starns). UNDER SUBSECTION (e) LEGAL - Discussion with City Attorney and Staff regarding status of landfill litigation. MEETING RETURNED TO OPEN SESSION AT 9:19 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger -signed a certification of those items discussed in Executive Session. ADJOURN The meeting adjourned at 9:20 P. M. , Minutes approved as submitted and/or corrected this day of A. D., 1991. i Mayor ATTEST: CitySecretar