1991-06-24 CITY COUNCIL REGULAR MEETING MINUTESI31
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR -
LAND, TEXAS, HELD ON JUNE 24, 1991, AT 7:30 P. M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PRARLAND, 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 Randy Weber.
Allegiance was led by Councilmember Colson.
APPROVAL OF MINUTES
The Pledge of
It was moved by Councilmember Wolff, seconded by Councilmember Weber,
that the Minutes of the Meeting of June 10, 1991, be approved as
submitted.
Motion passed 5 to 0.
COUNCIL ACTIVITY REPORTS
Councilmember Wolff reported on the following items: 1) a meeting with
the Drainage District this morning wherein the City's participation in
the reconstruction of the bridge at the rear portion of the City park
was discussed and Mr. Wolff asked that this item be placed on the next
Council agenda for consideration; 2) the re-establishment of a bridge
that, at one time, took water from the back of the Regency Park Subdi-
vision before the finalization of plans for the proposed construction
of the road linking Barry Rose with Orange. Mr. Wolff expressed the
desire of the Drainage District to have a letter from the Mayor in the
form of a hold harmless agreement on this project as well as the
aforementioned bridge in the Park, after which they will assist in the
construction of these projects; 3) a report was given on street pav-
ing. Longherridge and a portion of Shadycrest have been done, with
the recurrent rains impeding the progress; and 4) Mr. Wolff reported
on a report he heard at the Drainage District meeting regarding the
flooding in the Willowcrest area. It was stated that the original
plan called for three 60" pipes; however, the third pipe was never put
in place. The Drainage District is willing to lay the pipe in a time
frame of approximately 45 days with an estimated cost to the City for
materials of $125,000.00. It is believed this will alleviate flooding
in the North Corrigan, Willowcrest, Shank Road, and Mykawa Road areas.
Mr. Wolff stated that funding for this could possibly come from our
recent sale of Certificates of Obligation and requested that this
item also be placed on the next Council agenda for consideration.
Councilmember Colson reported her attendance at Brazoria County Cities
Association hosted by the City of Pearland on June 19th. Mrs. Colson
also attended the Annual Institute for Mayors, Councilmembers, and
Commissioners in Galveston during June 21-23. As a result of this
seminar, Mrs. Colson requested a workshop of the Council to prioritize
the needs of the community and to set goals for the future.
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Councilmember Miller reported his attendance at the workshop held
jointly with the Pearland Independent School District on June 17th.
On June 19th, Mr. Miller attended the BCCA function, serving as vice -
President of this organization. On June 21st, Councilmember Miller
visited several project sites in the City such as street resurfacing,
drainage work at the rear of Independence Park to alleviate problems
at the new high school site, and the construction of the bridge at
Country Club Drive. In closing, Mr. Miller stated he visited the site
of an area proposed for a zone change.
Councilmember Frank discussed the following items: 1) Mr. Frank com-
mented on the workshop held jointly with the School District on June
17th and suggested that in the future the format be changed so that
all could participate equally; 2) on June 19th, Councilmember Frank
met with the Clean Pearland Board of Directors and commended their
progress; 3) later that evening Mr. Frank attended the BCCA meeting at`
Golfcrest; 4) Councilmember Frank expressed his objection to the
placement of Item No. 4 under New Business on tonight's agenda. Mr.
Frank stated he had been appointed liaison to the Council on the
Clover Field issue and felt the Council was thwarting his attempts to
do the job he was appointed to do; 5 ) Councilmember Frank stated his
opinion that the past Council has erred in handling the Zoning Board
of Adjustment and said he had handouts from the Zoning ordinance which
states the proper procedure to be followed; and 6) Councilmember Frank
expressed his displeasure that the list of candidates submitted by the
Planning and Zoning Commission for a new Commissioner to replace him
was not given more consideration by the Council.
Councilmember Weber introduced his son, Keith, and reported his at-
tendance at BCCA as well as the workshop on June 17th with the School
District. Mr. Weber stated the candidate chosen for the Planning and
Zoning was qualified and selected carefully.
DEPARTMENTAL REPORTS
City Manager DeShazer reported on the progress of the street rehabili-
tation and the consistent afternoon rains which have hampered
progress. Mr. DeShazer reported on the progress of the bridge at
Country Club Drive stating the concrete had been poured for the caps
on the pilings. At the query of Mayor Coppinger, City Manager DeShaz-
er commented on the work on the railroad tracks and Walnut crossing in
particular. Work is still ongoing with Walnut being widened some with
plans for a right turn lane for eastbound traffic.
MAYOR'S ACTIVITY REPORT
Mayor Coppinger recognized School Board members Carl Halik, Dick
Wagoner, and Ray Mitchell. Mayor Coppinger commented on the seminar
in Galveston and suggested some avenues for improvement.
CITIZENS
1. Becky Ashcraft, 4605 N. Orange Circle. Ms. Ashcraft signed to
speak but did not appear.
2. Sandy Ball, 2209 Cedar. Ms. Ball commented on a conversation she
had with the City Manager and suggested he and other employees
take a course in dealing with the public.
3. Charles G. Sones, 3013 Country Club. Mr. Sones recommended the
City become a tree city and conserve our trees which are sometimes
lost to construction.
DOCKETED PUBLIC HEARINGS: None
BUSINESS
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.
(Second Reading)
It was moved by Councilmember Miller,
that Ordinance No. 374-1 be passed
final reading.
133
seconded by Councilmember Frank,
and approved on its second and
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 Weber, Frank, Miller, Colson, and Wolff.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS
Mayor Coppinger asked and received Council concurrence to appoint
Councilmember Frank as Council liaison to the Clean Pearland Board.
RESOLUTION NO. R91-22, RESOLUTION UPDATING THE EMERGENCY OPERATIONS
PLAN
Emergency Management Coordinator David Smith stated this plan meets
the new criteria required on State and Federal levels. City Manager
DeShazer informed a meeting is tentatively called for all who might be
involved in the event of a disaster so that plans can be discussed.
Resolution No. R91-22 was read in caption by Councilmember Weber.
It was moved by Councilmember Weber, seconded by Councilmember Colson,
that Resolution No. R91-22 be passed and approved on its first and
only reading.
Said Resolution No. R91-22 reads in caption as follows:
RESOLUTION NO. R91-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR -
LAND, TEXAS, UPDATING THE EMERGENCY OPERATIONS PLAN.
Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber.
Voting "No" - None.
Motion passed 5 to 0.
WAIVE OF FEE FOR SPECIFIC USE PERMIT FOR PEARLAND INDEPENDENT HIGH
SCHOOL
Mr. Dick Wagoner of the Pearland Independent School District School
Board requested that the City waive this fee.
It was moved by Councilmember Wolff, seconded by Councilmember Colson,
that the fee for a specific use permit for Pearland Independent School
District be waived.
Motion passed 5 to 0.
CONFIRMATION OF CITY'S POSITION ON PURCHASE OF CLOVER FIELD AIRPORT
The following statement was made by Councilmember Wolff: "Mr. Mayor,
it is apparent that the City of Pearland is again pursuing a course of
action which could lead to participating with Alvin and Friendswood in
the purchase of Clover Field. Some months ago the Council voted not
to contribute to the cost of a Master Plan. Our Chamber of Commerce
134
funded this venture in lieu of the City. We now have two new Council -
members who should have an opportunity to vote on the issue of pur-
chase."
It was moved by Councilmember Wolff, seconded by Councilmember Miller,
that the City of Pearland withdraw from consideration as a joint
purchaser of Clover Field and that no further City funds be expended
on this venture.
Councilmember Frank expressed his objection to this item being placed
on the agenda as he had recently been appointed by the Mayor as Coun-
cil liaison to this issue and had not been given adequate time to
study this matter. Mr. Frank stated his mind was not made up on
whether to recommend that the City jointly purchase the airport;
however, all the data was not in yet to make a decision.
Mayor Coppinger stated that he did not know, personally, whether he
was for or against the airport issue; however, he regretted that we
were not going to stay the course on this issue and see it through
because of the need for future development and a need to work with our
Chamber of Commerce which has supported this study.
Upon call for the question, motion passed 4 to 1, with Councilmember
Frank voting no.
DISCUSSION OF POLICY REGARDING ON-CALL PAY
Mayor Coppinger informed that this item as well as the previous item
had been put on the agenda at the request of two councilmembers.
Councilmember Weber stated he had requested the item be put on the
agenda and had wanted an amendment to the Personnel Ordinance on this
meeting's agenda but this had not been made ready by the City Attor-
ney. Councilmember Weber stated adamantly that this item was to be
placed on the next Council agenda for action.
It was moved by Councilmember Weber, seconded by Councilmember Miller,
that the City Attorney be instructed to have the amendments to the
Personnel Ordinance regarding on-call pay by the next Council meeting
for the Council's approval or disapproval.
Councilmember Frank suggested that the City Attorney be given adequate
time to look into this issue without being given a time limit.
Mayor Coppinger stated he felt this item was not ready to be put on
the agenda and concurred with Councilmember Frank.
Councilmember Weber took issue with those who felt he was imposing
time constraints and stated this matter had been on-going for several
weeks and could be handled with a few minor changes to the Personnel
Ordinance.
There ensued a discussion with City Attorney Lester Rorick and Council
regarding what changes are to be made and the problems with the Per-
sonnel Ordinance.
Councilmember Frank suggested a workshop to discuss what areas need to
be clarified and Councilmember Miller stated this matter involved time
and money and needed to be handled in an expeditious manner. City
Attorney Rorick stated he would have something on the next agenda.
Councilmember Wolff asked why this item was being discussed in open
session when he had asked that it be discussed in Executive Session.
Mayor Coppinger stated he had been advised by the City Attorney just
prior to the onset of the meeting that this item could not be dis
cussed in Executive Session under the Open Meetings Act. Councilmem-
ber Wolff expressed the opinion that the agenda had been prepared in
time to share this information with the Council.
Upon call for the question, motion passed 5 to 0.
FEE CHANGES FOR USE OF INDEPENDENCE PARR 135
City Manager DeShazer explained the proposed increase in fees had been
approved by the Parks Board and now Council's approval is needed to
effectuate these changes in fees as of the new budget year, October 1,
1991. Deposit changes will go into effect immediately.
Parks Superintendent Barry Lastik went over the fees and explained
they were for non-residents.
It was moved by Councilmember Miller, seconded by Councilmember Frank,
that the changes in fees as submitted be approved.
Motion passed 5 to 0.
APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION
It was moved by Councilmember Colson, seconded by Councilmember Wolff,
that Mike Bunch be appointed and Helen Beckman be reappointed to the
Planning and Zoning Commission for three year terms. `
Motion passed 5 to 0.
RATIFICATION OF CITY MANAGERS REAPPOINTMENT OF MEMBER TO THE CIVIL
SERVICE COMMISSION
City Manager Jim DeShazer stated he was recommending that Jim Wood be
reappointed for a three year term.
It was moved by Councilmember Wolff, seconded by Councilmember Weber,
that,Jim Wood be reappointed to the Civil Service Commission for a
three year term.
Motion passed 5 to 0.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 8:43 P. M. UNDER TEXAS RE-
VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Coppinger read from the posted agenda the following topic to be
discussed in Executive Session this evening:
UNDER SUBSECTION (g) PERSONNEL - Discussion of Appointment of Members
to , the Zoning Board of Adjustment.
MEETING RETURNED TO OPEN SESSION AT 9:10 P. M. - NO ACTION TAKEN UNDER
EXECUTIVE SESSION
Mayor Coppinger signed a certification of those items discussed in
Executive Session.
The meeting adjourned at 9:11 P. M.
Minutes pr ved as submitted and/or corrected this day of
A. D., 1991.
ATTEST:
City.Secretar