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1991-07-22 CITY COUNCIL REGULAR MEETING MINUTES150 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JULY 22, 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 City Manager City Attorney Administrative Assistant City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Lester Rorick Glen Erwin Pat Jones The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Weber, that the Minutes of the Meeting of July 8, 1991, be approved as cor- rected with an item on Page 143 pertaining to authorization to expend funds to install pipe on Orange Street being corrected to show the motion being seconded by Councilmember Wolff rather than Councilmember Frank. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the Minutes of the Joint Public Hearing of July 15, 1991, be approved as presented. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported on his attendance at the Drainage Dis- trict's meeting this morning and related their progress on the pipe to be installed along Orange Street between the railroad crossing and Mykawa. Mr. Wolff reported he was available for citizen comment this past Saturday at City Hall. Councilmember Colson reported she attended the Parks Board meeting on Saturday, July 13 and also visited the Health and Safety Fair at the Community Center. Councilmember Miller commented on the many workshops and public hear- ings the Council has been involved in and reported his attendance at Brazoria County Cities Association as well as the Parks Board monthly meeting. Councilmember Frank reported his attendance at BCCA along with Coun- cilmember Miller and related he attended a meeting of the Clean Pear - land Board of Directors. Councilmember Weber reported a storm sewer problem he has been working on with a citizen. Mr. Weber encouraged the Council to have funds available for next year's Fourth of July event and reported on an M" 151 issue regarding Clean Pearland in which he felt he had been misquoted. DEPARTMENTAL REPORTS City Manager DeShazer reported on his trip to Austin to present the grant for the McLean Park Grant application to the Parks and Wildlife Department. Mr. DeShazer related that Representative Jack Harris who had accompanied him to Austin complimented the City and the Chamber of Commerce on the 4th of July celebration. V MAYOR'S ACTIVITY REPORT Mayor Coppinger responded to Councilmember Weber's comments about Clean Pearland. Mayor Coppinger proclaimed August 6th as "National Night Out" and Crime Prevention Officer Matt Zepeda accepted this proclamation and encouraged citizens to meet their neighbors and help form a crime watch for their individual neighborhoods. Mayor Coppinger reminded all that Friday, July 26th is "Pearland Night at the Astros" and encouraged all to attend as a portion of ticket sales will be refunded to the City. Mayor Coppinger called attention to the workshops scheduled for Tues- day and Thursday nights. CITIZENS 1. Nancy Curry and Joan Pagan, PISD Teachers. Ms. Curry and Ms. Pagan spoke about the role of education in environmental issues. 2. Mike Bunch, Chamber of Commerce. Mr. Bunch spoke about economic - development in the Pearland/Hobby area and encouraged the City to work with the Chamber of Commerce. 3. Carol Thelan, 4802 Elm. Ms. Thelan asked the City to sponsor a senior project in her mechanical engineering class which will help design and gather data for a composting and/or recycling center. 4. Barbara Bamburg, 2428 Country Club Drive. Ms. Bamburg spoke about environmental issues and encouraged the cooperation of all citi- zens. Mayor Coppinger announced that the next speaker had not signed to speak but with Council's concurrence would be allowed to address the Council. 5. Jim Hodges, Pearland Police Officers Association. Mr. Hodges spoke about issues regarding on-call pay and a correction to the last amendment to the personnel ordinance. After Mr. Hodges' speech, there ensued a lengthy discussion regarding procedures in Executive Session and, when asked, Mr. Hodges was re- fused by City Attorney Lester Rorick to attend this evening's Execu- tive Session as, Mr. Rorick stated, the subject matter was privileged and confidential. As a point of order, it was moved by Councilmember Frank, seconded by Councilmember Weber, that Mr. Hodges be allowed to speak under "Citi- zens" in open session as well as have questions asked of him by the Council. After much discussion regarding rules of procedure by the Council, motion passed 4 to 1, with Councilmember Wolff voting against. The Council asked questions of Mr. Hodges regarding these issues and it was suggested that a workshop be called to resolve these concerns. MEETING RECESSED AT 8:38 P. M. MEETING RECONVENED AT 8:52 P. M. 152 DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS MOTION TO REMOVE FROM TABLE COUNCIL AWARD OF BID NO. B91-14, PORTABLE BRUSH CHIPPER It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Award of Bid No. B91-14 be removed from the table for considera- tion. Motion passed 5 to 0. BID NO. B91-14, PORTABLE BRUSH CHIPPER Fleet Manager Mike Joyce stated that upon demonstration of the chip- pers, the Vermeer BC 1250 met all requested specifications. Mr. Joyce recommended that Council award the bid to Vermeer Equipment & Sales for their model BC 1250 in the amount of $17,600.00. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Vermeer Equipment & Sales be awarded the bid in the amount of $17,600.00. Motion passed 5 to 0. ORDINANCE NO. 616, ALTERING THE SPEED LIMITS ALONG A SECTION OF SH 35 AND PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 616 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 616 be passed and approved on second and final reading. Council inquired into the status of appealing to the State Highway Department to have these speed zones lowered and City Manager DeShazer informed he has been unable to make contact with the Highway Depart- ment but will continue to pursue this course of action. Ordinance No. 616 reads in caption as follows: ORDINANCE NO. 616 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTI- CLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON - CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING FOR A PENALTY, AND PUBLICATION; AND CONTAINING A REPEALER. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS SPECIFIC USE NO. 21, REQUEST OF PEARLAND INDEPENDENT SCHOOL DISTRICT, OWNER, FOR A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY The following letter from the Planning and Zoning Commission was read into the records of the City: 153 July 16, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: SPECIFIC USE NO. 21, REQUEST OF PEARLAND INDEPENDENT SCHOOL DISTRICT, OWNER, FOR A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2 DISTRICT. Gentlemen: The Planning and Zoning Commission, in a regular meeting held on July 15, 1991, immediately following the joint public hearing, considered the above mentioned specific use request. It was moved by Mary Starr, seconded by Helen Beckman, that recommen- dation be made to Council that Specific Use No. 21 be approved. This is submitted for your information. Sincerely, /s/ Al Lentz, Chairman Planning & Zoning Commission AL/ls It was moved by Councilmember Colson, seconded by Councilmember Wolff, that a Specific Use Permit be granted to Pearland Independent School District for Agricultural Animal Husbandry. Motion passed 5 to 0. RECEIVE INTO THE RECORDS THE RECOMMENDATIONS OF THE 1991 CHARTER REVIEW COMMISSION AND CITY ATTORNEY"S COMMENTS ATTACHED THERETO Councilmember Wolff read the following recommendations from the Char- ter Review Commission: To: City Council of the City of Pearland From: The Charter Review Commission Date: June 4, 1991 Subject: Report from the Charter Review Commission The Charter Review Commission for 1991, composed of members Bill McClelland, Dorothy Cook, Kay Krouse, Helen Beckman, and Tom Reid has completed its duties and, as stipulated by the Charter, hereby makes its report to the City Council. The Charter Review Commission met on eight different occasions. The dates of the meetings were: February 28, 1991, March 13, 1991, March 25, 1991, April 22, 1991, May 6, 1991, June 3, 1991, and June 10, 1991. A Public Hearing was held on May 15, 1991 to receive input from .. the public concerning any proposed Charter changes or revisions. After careful review of the Charter, the Commissioners now wish to submit the following recommendations for changes to be made to the Charter for the City of Pearland: 1. Under Section 8.10, Date of Final Adoption of the Budget, we recommend adding the following section: Failure to Adopt: If the Council fails to adopt the annual budget before the start of the fiscal year to which it 154 applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month-to-month, pro -rated basis until the next budget is adopted. 2. In Section 5.06, the date of the runoff election should be amended to read "the next to the last Saturday in May." In addition to the above listed recommendations for the Charter changes, the Charter Review Commission would further like to submit, for the Council's consideration, the following recommendations con- cerning policy matters: 001 1. Concerning Section 8.09, the vote required for adoption of the annual City budget, the Commission would like to recom- mend that the City Attorney be instructed to prepare a legal opinion to clarify and define the passage "the whole City Council" for future Council and City Staff members. 2. The Commission would like to recommend to the Council that Ordinance No. 209 be rescinded and be replaced with a new ordinance defining the Parks, Recreation and Beautification Board as an Advisory Board with policy to be set and/or approved by the City Council, and containing provisions that the Board elect its own officers, including Chairman, from the members appointed. We would like to thank the Council for the opportunity to serve the City of Pearland and appreciate the opportunity that you have afforded us to provide this service. /s/ William McClelland, Chairman /s/ Helen Beckman /s/ Dorothy Cook, Vice Chairman /s/ Tom Reid /s/ Kay Krouse, Secretary It was moved by Councilmember Wolff, seconded by Councilmember Weber,"" that the recommendations of the 1991 Charter Review Commission be accepted into the records of the City. It was the concurrence of the Council that when this item is brought back before Council for consideration to place on the ballot, the City Attorney's comments be attached thereto. Motion passed 5 to 0. INVOICE NO. 8926-4, MCGUFF ASSOCIATES ARCHITECTS, IN THE AMOUNT OF $6,200.70 FOR ARCHITECTURAL SERVICES FOR THE EXPANSION OF THE MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank reported that the architect was 75% complete in his work. It was moved by Councilmember Frank, seconded by Councilmember Wolff, that Invoice No. 8926-4, McGuff Associates Architects, in the amount of $6,200.70 be approved for payment with funds to be taken from the appropriate account. Motion passed 5 to 0. AUTHORIZATION TO BID PROTECTIVE VESTS FOR THE POLICE DEPARTMENT It was moved by Councilmember Weber, seconded by Councilmember Colson, that authorization be given to bid thirteen protective vests for the Police Department. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON PROPOSED BUDGET FOR 1991-1992 It was moved by Councilmember Weber, seconded by Councilmember Frank, that the Public Hearing on the Proposed 1991-1992 Budget be called for August 8, 1991, at 7:00 P. M. 155 Motion passed 5 to 0. APPROVAL OF CITIZEN SURVEY MAILOUT FORM Council discussed the proposed citizen survey form which will be mailed out with the monthly water bills. It was moved by Councilmember Wolff, seconded by Councilmember Miller, -that the form be approved with the following stipulations: 1) forms are to be color coded according to the four billing cycles; 2) the signature portion of the form is to be omitted; and 3) the forms are to be returned by mailing them in with the water bill or hand deliv- ered when one pays his water bill in person. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:31 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 (e) LEGAL - Consultation with City Attorney Respect- ing the Attorney's advice on Contemplated Litigation and Settlement Offers with Various Policemen Respecting their Claims for On -Call Pay. MEETING RETURNED TO OPEN SESSION AT 11:08 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. The meeting adjourned at 11:09 P. M. Min es approved as submitted and/or corrected this day of 2Lca.- A. D., 1991. ATTEST: City Secretary