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1991-06-10 CITY COUNCIL REGULAR MEETING MINUTES124 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JUNE 10, 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 Administrative Assistant City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Glen Erwin Lester Rorick Pat Jones The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Minutes of the Meeting of May 20, 1991, be approved as pre- sented. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Weber reported his attendance at a 4th of July planning meeting on May 21st, commending the committee's progress and touched briefly on possible funding for this event. Councilmember Frank reported his findings as Council liaison to the Clover Field Airport issue and related he had attended meetings re- garding this subject on May 21st and June 4th. Additionally, Council - member Frank attended a Region XIV TML meeting on May 30th and a Parks Board meeting on June 8th. Councilmember Miller also reported his attendance at the 4th of July planning meeting. Mr. Miller, as Mayor Pro Tem, informed he served in that capacity over the Memorial Day weekend in the Mayor's absence and suggested that a pager be made available for those on call in this type of situation. In closing, Councilmember Miller reported he participated in the Lion's Club Benefit for the YMCA on May 25th and attended the Parks Board meeting on June 8th. Councilmember Colson reported her attendance at the 4th of July plan- ning meeting on May 21st and her participation in the Lions Club Benefit on May 25th. Mrs. Colson reported she has received numerous queries from citizens concerning curbside recycling. Councilmember Wolff reported his attendance at the Parks Board meeting on June 8th and at the Drainage District meeting held this morning, June 10th. DEPARTMENTAL REPORTS city Manager Jim DeShazer called upon Mr. Jack McGuff, architect for the Melvin Knapp Building expansion, to report on the progress of this 125 project. Mr. McGuff informed that we should be able to go out for bids by early or mid-July. Councilmember Frank stated he had reviewed the plans and would like to submit some additional cost saving ideas. City Manager DeShazer reported on the status of the budget process and stated that a schedule is in place to begin budget workshops. The Council discussed a possible workshop with the School and Drainage Districts on Monday, June 17th and City Manager DeShazer stated he would contact these entities and confirm the date. MAYOR'S ACTIVITY REPORT Mayor Coppinger reminded all of the Brazoria County Cities Association meeting which will be hosted by Pearland on June 19th at the Golfcrest Country Club. Mayor Coppinger reported on a meeting with Emergency Management Coor- dinator David Smith and City Manager DeShazer regarding the City's preparations now that we are in the hurricane season. Mr. DeShazer informed we are in the process of updating our manuals and a meeting in the near future is planned for all those involved in the event of a threat to the public safety. Mayor Coppinger stated he understood we had received a grant for recycling and City Manager DeShazer called upon Barbara Lenamon, Clean Pearland Coordinator, to report the details of the grant. Ms. Lenamon informed that the grant was in the amount of $80,000.00 from the Environmental Protection Agency and is to be used for salaries for various projects in our recycling program, particularly waste reduc- tion and composting. CITIZENS 1. Mr. Steven Brown, Director of the Brazoria County Library System. Mr. Brown introduced Librarian DeDe Williams and members of the ,.� Pearland Library Board who were present in the audience. He reported on the tremendous growth of our local library, comparing its usage to libraries found in much larger cities. He urged Council to begin planning discussions with an architect and to begin including library expansion in its capital improvements planning in the near future. 2. Naomi Taylor, 3422 Shadycrest. Ms. Taylor spoke about an ongoing problem with a neighbor who has a water well in his backyard. She introduced pictures of the area she considers unsightly and to be a health hazard. Mayor Copping- er stated we would look at this concern again. In closing, Ms. Taylor invited all to a golf tournament benefiting the Neighbor- hood Service Center. 3. Jim Hodges, Pearland Police Officers Association. Mr. Hodges spoke about a section of the Personnel Ordinance relat- ing to on-call employees receiving two hours overtime pay and urged the resolution of this problem, with backpay being given to those who may be due this remuneration. 4. Paula Scardino, 4th of July Committee. Ms. Scardino, along with others, spoke of plans for a 4th of July celebration in the City and encouraged the City to donate funds for this event. 5. Frances Jamison, FM 518. Ms. Jamison spoke about the recent landscaping along FM 518 and stated it was a visual impairment to traffic on the eastern side of her driveway. 126 DOCKETED PUBLIC HEARING PURPOSE OF THE HEARING: REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR A RATE INCREASE IN ELECTRICAL SERVICE RATES IN THE CITY. SPEAKING FOR THE PROPOSED REQUEST: None SPEAKING AGAINST THE PROPOSED REQUEST: None HEARING ADJOURNED UNFINISHED BUSINESS: None NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS COUNCIL AUTHORIZATION FOR CONTRIBUTION OF CITY FUNDS TO THE 4TH OF JULY COMMITTEE Mayor Coppinger related amounts that other area cities have contribut- ed toward 4th of July events. Availability of funds was discussed. It was moved by Councilmember Frank that $5,000.00 be contributed for the 4th of July celebration. Motion died for lack of a second. Councilmember Weber expressed the desire that the community get in- volved and, ideally, a figure could have been put in writing for Council within a longer time frame in which to work and plan. There ensued a lengthy discussion among Councilmembers and Chamber of Commerce members regarding time frames, budget constraints, actions of surrounding communities, and the recent Persian Gulf conflict. MEETING RECESSED AT 8:43 P. M. MEETING RECONVENED AT 8:56 P. M. Councilmember Frank withdrew his original motion. A motion was made by Councilmember Frank, seconded by Councilmember Colson, that $2,000.00 be contributed by the City to the 4th of July celebration ; with funds coming from the Council contingency fund. In discussion, Council expressed the desire that an accurate figure be obtained with more time to work and plan as a community -wide effort and Mayor Coppinger agreed this was a short time frame, with no one to blame, explaining this was, he felt, the President's mandate to offi- cially honor those serving in the Persian Gulf crisis. Upon call for the question, motion passed 5 to 0. i APPROVAL OF PARADE ROUTE FOR FIRST BAPTIST CHURCH VACATION BIBLE SCHOOL Police Chief Mike Hogg explained he had worked with representatives of First Baptist Church to find a parade route which would not cross the railroad tracks and although the course finally agreed upon would involve some slow down in traffic on Saturday morning, he felt it was a feasible route and asked Council's approval. It was moved by Councilmember Miller, seconded by Councilmember Weber, that the parade route as presented by Chief Hogg be approved. -- Motion passed 5 to 0. ORDINANCE NO. 374-1, ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER 31-1 THROUGH 31-26 FOR THE PURPOSE OF ESTABLISHING REGULATION AND LICENSING OF AUTO WRECKERS AND WRECKER DRIVERS Ordinance No. 374-1 was read in caption by Councilmember Miller. (First Reading) 1.1 7 It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Ordinance No. 374-1 be passed and approved on its first reading. Upon question by Council of changes to the Wrecker Ordinance, Fire Chief Larry Steed explained this was to bring our ordinance in compli- ance with State law. Various hypothetical situations were discussed as well as a city owned storage lot. e- Said Ordinance No. 374-1 reads in caption as follows: ORDINANCE NO. 374-1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PEARLAND AT CHAPTER 31-1 THROUGH 31-26 FOR THE PURPOSE OF ESTABLISHING REGULATION AND LICENSING OF AUTO WRECKERS AND WRECKER DRIVERS; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; CONTAINING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICA- TION, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF 1991 STREET MAINTENANCE PROGRAM Mayor Coppinger called upon Councilmember Wolff to give some guidance on this subject. Councilmember Wolff read the following letter into the records: May 31, 1991 Honorable Mayor and City Council Subject: Street paving 1991 About ten days ago Councilman Weber, Jim DeShazer and I met with Billy Joe Plaster, Commissioner, to discuss our joint participation in Pearland street topping for this current year. Mr. DeShazer provided a list of our needs along with an unencumbered balance in our current budget of $60,000.00. Mr. Plaster has taken this list and estimated the cost necessary to complete all of the streets named. His estimate is approximately $450,000.00. It was the Council's plan to upgrade all of these streets this year as part of the original three year plan. Based on our ability to finance the material costs, this plan just is not going to happen. Mr. DeShazer advises that our current budget includes an item of $245,000.00 for street improvements. If we applied $90,000.00 from this account and added it to the $60,000.00 balance we would be one- third of the way home. This would extend our goal two additional years but we can only look at this during Budget 1992-1993. We will soon begin work on the 92-93 Budget but this street work must be committed to now. What streets to be improved, and when, will have to be determined by Council. 128 Please review the listed streets along with my comments and share your thoughts with me at our next meeting on June 10, 1991. Very truly yours, /s/ William E. Wolff Councilmember, Position No. 5 WEW/ls Councilmember Wolff stated a list of tached to this letter. City Manager in the budget for opening new streets was to be used for other things such material. However, $90,000.00 can finish this budget year. This amount have encumbered will give us a total bilitation this year. streets needing repair was at- DeShazer stated $245,000.00 was such as Sacramento and Pear and as culvert pipe and street sign*— be removed, leaving enough to combined with the $60,000.00 we of $150,000.00 for street reha- Mayor Coppinger questioned which streets will receive attention as all on the list cannot be done due to our limited funds. City Manager DeShazer mentioned the following streets (or portions of streets) which are badly in need of repair: Shadycrest, Longherridge, Union Valley, Glenda, Bobby, Lethbridge, Patricia Lane, and Washington Irving. These are in need of repair, but not necessarily prioritized, Mr. DeShazer stated. Councilmember Wolff stated it was expedient that we transfer funds so that a dollar amount could be committed to County Commissioner Plaster in order that a time element could be judged for crews, labor and material. Priority of streets can be determined at a later date with extension of our original three year paving plan to five years, if necessary. It was moved by Councilmember Colson, seconded by Councilmember Weber, that $150,000.00 be approved for the 1991 Street Maintenance Program as recommended by City Manager DeShazer and Councilmember Wolff. Motion passed 5 to 0. BID NO. B91-13, PORTABLE BRUSH CHIPPER City Manager DeShazer asked that all bids received be rejected as the specifications need to be rewritten, with authority given to rebid this item. It was moved by Councilmember Weber, seconded by Councilmember Colson, that bids received on Bid No. B91-13 be rejected with Staff authorized to rebid this item. Motion passed 5 to 0. COUNCIL AUTHORIZATION TO EXPEND FUNDS FOR COUNCIL REPRESENTATIVE TO THE AIRPORT COMMITTEE TO ATTEND MEETING IN FT. WORTH WITH THE FAA Councilmember Frank, recently appointed liaison to the Clover Field issue, reported on the data he had gathered since assuming this duty. Councilmember Wolff called upon City Secretary Pat Jones to read from the Minutes of the City Council of June 11, 1990, regarding the Clover Field issue to bring the current Council up-to-date on past actions of Council. The motion at that time was to have the City participate one third in a Master Plan with a cap of $3,500.00 and with the flood plain issue being resolved. After much discussion, this motion failed with Councilmembers Smith and Weber voting for and Councilmembers Miller, Tetens, and Wolff voting against. Councilmember Wolff expressed the opinion that current members of the Council should form a consensus on action on this issue and, perhaps, 1.29 this could be covered in a future workshop. Councilmember Frank stated that he has not formed an opinion but was trying to gather information. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that authorization be given to expend funds for Council representative to the airport committee to attend the meeting in Ft. Worth with the FAA. In further discussion, Council discussed other cities, involvement, feasibility and master studies, site selection, the flood plain issue 01— which has not been clarified, and some expressed the desire to spend no more funds on this issue. Upon call for the question, voting was as follows: Voting "Aye" - Councilmembers Frank and Wolff. Voting "No" - Councilmembers Colson, Miller, and Weber. Motion failed 3 to 2. RESOLUTION NO. R91-22, RESOLUTION ACCEPTING A DEED FROM THOMAS P. ALEXANDER, DAVID L. SMITH, JR., AND SAMUEL H. VESTER Resolution No. R91-22 was read in caption by Councilmember Colson. City Manager Jim DeShazer explained when Green Tee Subdivision was platted in the 1701s, there was a one foot reserve around the boundary with three larger reserves at the end of streets. This deed conveys this one foot boundary and the other reserves on the northwesterly side of Green Tee Subdivision to the City from the Green Tee Corpora- tion allowing stubbed out streets to no longer be blocked. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Resolution No. R91-22 be passed and approved on its first and r.., only reading and that the City Secretary be instructed to expedite the filing of this instrument in Harris County. In further discussion, the question was raised why only this portion of the fee strip was being reverted to the City. City Manager DeShaz- er responded that this was what was agreed upon by the parties in- volved. It was determined this seems to be the only portion at this time ready to be developed. Mayor Coppinger stated the acceptance of the fee strip would make the land proposed to be developed contiguous to the city limit and allow development. Said Resolution No. R91-22 reads in caption as follows: RESOLUTION NO. R91-22 A RESOLUTION ACCEPTING A DEED FROM THOMAS P. ALEXANDER, DAVID L. SMITH, JR., AND SAMUEL H. VESTER, DEED AT- TACHED AS EXHIBIT "A." Voting "Aye" - Councilmembers Weber, Frank, Miller, and Wolff. Voting "No" - None. Councilmember Colson abstained. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:01 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following items to be discussed in Executive Session this evening: 130 UNDER SUBSECTION ( f ) ACQUISITION OF REAL PROPERTY - 1) Discussion of road right-of-way, and 2) Discussion respecting anticipated value of lease space at City Hall. UNDER SUBSECTION (g) PERSONNEL - 1) Discussion of appointment of members to the Planning and Zoning Commission, and 2) Discussion of appointment of members to the Zoning Board of Adjustment. MEETING RETURNED TO OPEN SESSION AT 12:15 A. M., JUNE 11, 1991 - NO ACTION TAKEN Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN The meeting adjourned at 12:16 A. M. Min approved as submitted and/or corrected this — day of A. D., 1991. Mayo ATTEST: Ci y Secretar