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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. 1.32 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