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1991-08-12 CITY COUNCIL REGULAR MEETING MINUTES158 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON AUGUST 12, 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 C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff Jim DeShazer Glen Erwin Lester Rorick City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Coppinger. Councilmember Wolff led the Pledge of Allegiance. It was moved by Councilmember Colson, seconded by Councilmember Wolff, that the Minutes of the Meeting of July 22, 1991, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Colson, -- that the Minutes of the Joint Public Hearing of July 29, 1991, be approved as submitted. Motion passed 5 to 0. COUNCIL ACTIVITY REPORT Councilmember Randy Weber reported on a meeting he attended with City Manager DeShazer and Councilmember Colson where they visited with Steven Levine of the Highway Department about various traffic concerns around the City, especially the new high school site. In clok,-gig, Mr. Weber stated he believed the recent National Night Out was a success. Councilmember Benny Frank reported on an H -GAC meeting he attended regarding a possible regional airport for northern Brazoria County or southern Harris County. Mr. Frank reported the Willowcrest Subdivi- sion enjoyed a successful Night Out also. Finally, Councilmember Frank reported having lunch with the Seniors at the Melvin Knapp Building where he apprised them of the progress on the expansion of their facility. Councilmember D. A. Miller reported on the various workshops and public hearings held by the City. Mr. Miller related that he and Jay Chapman of the Police Department were able to visit with several groups as they made rounds on National Night Out. In closing, Coun- cilmember Miller reported his attendance at the Parks Board meeting on August 10th. Councilmember Joy Colson reported on the meeting with the Highway Department and stated the appeal process on the school zone at the new high school seemed more likely. Mrs. Colson related she had attended a dance for the Senior Citizens at the Community Center and commended I those involved in these activities. In closing, Councilmember Colson reported on the City Survey forms. Of the 1,654 sent out for the first billing cycle, 118 have been returned and Ms. Colson encouraged all to participate. Councilmember William Wolff reported the County has finished the paving the City was able to finance this year. Hopefully, Mr. Wolff stated, other funds will become available to do more of the much needed paving before the cold weather sets in. Councilmember Wolff urged the expeditious handling of the turn around time on the approval of the building plans by the State for the Melvin Knapp expansion. Mr. Wolff reported the Drainage District will open bids on the 26th of the month for 60" drainage tile for the work recently authorized to be done on Orange Street. In closing, Councilmember Wolff reported fa- vorably on the intersection of Hwy 35 and Walnut which has been re- vamped to aid the traffic flow. DEPARTMENTAL REPORTS City Manager Jim DeShazer related the progress of the McLean Road Park Grant and some possible funds for a hike and bike trail. Mr. DeShazer reported on the Highway Department meeting and stated that a solution to the Cole's Flea Market traffic problem was also discussed. City Manager DeShazer informed that 2 million in certificates of deposit had been transferred from our local depository to Texpool at a rate of interest of 6.3%. The bank was only able to offer 6%. Mr. DeShazer reported on a "mobility" planning meeting for the County he had at- tended in Angleton with Judge Phillips. In closing, City Manager DeShazer stated he had attended a Texas Water Commission hearing on the Country Meadows Mobile Home Park regarding their sewer discharge permit. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "POW/MIA Recognition" and veterans from the local VFW Hall accepted this proclamation. Mayor Coppinger presented Janet Eastburn, Finance Director, with the Government Officers Budget Award for the 1991-92 Fiscal Year. CITIZENS 1. William Keele, 2414 Malon. Mr. Keele requested assistance from the City in securing his home from crime. 2. Barbara Bamburg, 2824 Country Club. Ms. Bamburg spoke against the proposed zone change along Country Club Drive. 3. Jim Hodges, Pearland Police Officers Association. Mr. Hodges spoke about the on-call issue. 4. Harris Maulden, 2902 Whispering Winds. Mr. Maulden requested his Communications Department be moved in the organizational structure of the City. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS APPLICATION NO. 23, REQUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-1 TO R-3, PUD The following letter from the Planning and Zoning Commission was read into the records of the City: 160 July 30, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 23, Request of Jim Smythe, Agent for Golfcrest Country Club, Owner for an Amendment to the Land Use and Urban Development Ordinance of said City from Classification R-1 to R- 3, PUD on Property Located in the 2700 Block of Country Club Drive. Gentlemen: am" The Planning & Zoning Commission, in a special meeting held on July 29, 1991, immediately following the joint public hearing, considered the above mentioned zone change request. It was moved by Mike Bunch, seconded by Helen Beckman, that recommen- dation be made to Council that Application No. 23 be approved. This is submitted for your recommendation. Sincerely, /s/ Leroy Savoie Vice Chairman, Planning and Zoning Commission LS/ls It was moved by Councilmember Colson that the recommendation of the Planning and Zoning Commission be accepted and the proposed zone change be granted. Motion died for lack of a second. ORDINANCE NO. 616-1, AMENDING ORDINANCE NO. 616, ALTERING THE SPEED LIMITS ALONG A PORTION OF STATE HIGHWAY 35; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY Ordinance No. 616-1 was read in caption by Councilmember Miller. (First and only reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 616-1 be passed on its first and only reading. Said Ordinance No. 616-1 reads in caption as follows: NO. 616-1 AN ORDINANCE, AMENDING ORDINANCE NO. 616, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 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 RE- PEALER AND A SAVINGS CLAUSE AND DECLARING AN EMERGENCY AS THE NECESSITY OF HAVING A CORRECT SCHOOL ZONE IN PLACE PRIOR TO THE BEGINNING OF CLASSES CONSTITUTES AN IMMEDIATE EMERGENCY TO THE LIFE, HEALTH, PROPERTY, AND PUBLIC SAFETY OF THE CITIZENRY. Voting "Aye" - Councilmembers Weber, Miller, Wolff, Colson, and Frank. Voting "No" - None. Motion passed 5 to 0. 161 ORDINANCE NO. 509-26, AMENDING ORDINANCE NO. 509, PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT IN AN R-2 ZONING DISTRICT Ordinance No. 509-26 was read in caption by Councilmember Frank. (First reading) It was moved by Councilmember Frank, seconded by Councilmember Wolff, that Ordinance No. 509-26 be passed and approved on its first reading. Said Ordinance No. 509-26 reads in caption as follows: ORDINANCE NO. 509-26 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. RECONSTRUCTION OF COUNTRY CLUB DRIVE FROM SOUTH OF THE NEW BRIDGE AT CLEAR CREEK TO FM 518 Councilmember Wolff informed that there exists a high water problem due to the low elevation of the road leading into Green Tee Subdivi- sion. Council discussed this problem and the effects of the new and old bridges on this drainage concern. Approximate costs and methods for this work were discussed as well as funding for this project. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that the Council acknowledge the necessity to reconstruct a higher roadway between the esplanade and the new bridge on Country Club Drive and that the City Manager and the City Engineer offer two or more plans that might be considered. Motion passed 5 to 0. AUTHORIZATION TO PAY STATE TREASURER IN THE AMOUNT OF $11,141.87 FOR CITY'S PORTION OF THE FINAL CONSTRUCTION COST OF BRIDGES AT LONGHER- RIDGE AND MARY'S CREEK City Manager DeShazer explained this is the City's portion of the overrun on the cost of these bridges which amounts to 10% of the total cost. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that payment be made to the State Treasurer in the amount of $11,141.87 to cover the City's portion of the final construction costs of these bridges. Motion passed 5 to 0. r -- ORDINANCE NO. 450-8, AMENDING ORDINANCE NO. 450-7, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING A PAY CLASSIFICATION PLAN FOR CIVIL SERVICE EMPLOYEES Ordinance No. 450-8 was read in caption by Councilmember Weber. (First reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 450-8 be passed and approved on first reading. Said Ordinance No. 450-8 reads in caption as follows: 162 ORDINANCE NO. 450-8 AN ORDINANCE AMENDING ORDINANCE NO. 450-7 OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING A PAY CLASSIFICATION PLAN FOR THE CIVIL SERVICE EMPLOYEES; PROVIDING A SAVINGS CLAUSE, A SEVER- ABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE OF JANUARY 28, 1991, AND CONTAINING OTHER PROVISIONS RELATING THERETO. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF TAX COLLECTOR'S CERTIFICATION OF ANTICIPATED COLLECTION RATE FOR 1991 Councilmember Colson read the highlights of the report submitted by Barbara Lenamon, Tax Collector, which certified a collection rate of 98%. It was moved by Councilmember Colson, seconded by Councilmember Wolff, that the figures submitted by the Tax Department be accepted. Motion passed 5 to 0. BID NO. B91-15, REQUESTS FOR PROPOSALS FOR THE COLLECTION AND DISPOSAL OF ALL RESIDENTIAL AND COMMERCIAL SOLID WASTE Proposals were received from the following companies: A%" WRS Transportation, Inc., 100 Genoa -Red Bluff Rd, Houston Best Waste Systems, Inc., 1555 FM 517 West, Dickinson Browning-Ferris Industries, LaPorte Western Waste Industries, 3520 Pansy, Pasadena Reference was made to the complex issues involved in the City's going to privatization. These matters were discussed in a workshop held on August 8, 1991. y It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the City enter into privatization of garbage collection. A discussion followed pertaining to the administration of the proposed privatization and the impact on the City's Enterprise and General funds. Motion passed 5 to 0. City Manager DeShazer read various quotes from the proposals received and stated that many variables had been considered. After much deliberation, it was Staff's recommendation to award the contract to Best Waste Systems, Inc., Mr. DeShazer said. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that a contract be prepared by the City Attorney along the guidelines submitted for a term of five years with Best Waste, Inc. City Manager DeShazer read from a letter submitted by Best Waste wherein they stated they will freeze their rates for two years. It was suggested the motion be amended to award the contract for two years at which time we would go out for bids again. It was stated a five year contract was preferable to give us protec- tion for landfill facilities. It was suggested the motion be amended to commit to recycling. The maker and the seconder so agreed to amend the motion. Motion passed 5 to 0. 163 Mayor Coppinger expressed thanks to BFI for submitting their proposal. BID NO. B91-16, MID-SIZE 1/2 TON PICKUP TRUCK Council reviewed the following bids: VENDOR MAKE PRICE DELIVERY DATE CHUCK MILLER FORD 91 FORD RANGER $10,698.10 3-14 DAYS RON CARTER FORD 91 FORD RANGER $10,800.00 2 DAYS LES MARKS CHEVROLET 91 CHEV S10 (RED) $10,658.39 2 DAYS LES MARKS CHEVROLET 91 CHEV S10 (WHT) $10,227.81 2 DAYS CROWN DODGE 91 DAKOTA $10,722.00 2 DAYS A. C. COLLINS FORD 92 FORD RANGER $10,582.00 6-8 WEEKS RON CARTER CHEVROLET 91 CHEV S10 $ 9,430.31 AVAILABLE NOW Staff recommended the bid be awarded to Ron Carter Chevrolet. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Bid No. B91-16 be awarded to Ron Carter Chevrolet in the amount of $9,430.31. Motion passed 5 to 0. BID NO. B91-17, THIRTEEN UNDERGARMENT BALLISTIC VESTS Council reviewed the following bid: VENDOR MAKE UNIT PRICE TOTAL PRICE DELIVERY DATE GUARDIAN CENTURION TECHNOLOGIES II UGT-M-FW INTERNATIONAL II UGT-F-FW $486.00 $6,318.00 TWO WEEKS Upon the recommendation of Chief of Police Mike Hogg, it was moved by Councilmember Wolff, seconded by Councilmember Colson, that Bid No. B91-17 be awarded to Guardian Technologies International in the amount of $6,318.00. Motion passed 5 to 0. DISCUSSION OF A TIME FOR EVALUATION AND/OR ASSESSMENT OF PERFORMANCE OF CITY MANAGER The format and procedure, as well as a time, were discussed to evalu- ate the City Manager's job performance. It was moved by Councilmember Weber, seconded by Councilmember Colson, that the Councilmembers would each fill out the evaluation form pro- vided by the City and each Councilmember will bring his/her signed form to the next regular meeting on the 26th of August where these forms will be reviewed during a called Executive Session on the agenda. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO PREPARE SPECIFICATIONS FOR A THREE YEAR LEASE AGREEMENT FOR THE UNUSED PORTION OF THE THIRD FLOOR AREA OF CITY HALL It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the City Manager be instructed to prepare specifications for a three year lease of the unused portion of the third floor and approval to advertise the appropriate package for bidding. In discussion, Council considered security measures and ingress and egress to the building. Motion passed 4 to 1, with Councilmember Frank voting against. AUTHORIZATION TO SPONSOR A DESIGN ENGINEERING PROJECT INVOLVING RECY- CLING FOR SENIOR MECHANICAL ENGINEERING CLASS AT THE UNIVERSITY OF HOUSTON City Manager DeShazer referred to Ms. Carol Thelan's request at a previous Council meeting to have the City sponsor this project for her class at the University of Houston. It was moved by Councilmember Miller, seconded by Councilmember Weber, that authorization be given to sponsor this project. Motion passed 5 to 0. Mayor Coppinger announced that the Council would now recess to Execu- tive Session and address the remaining agenda items upon return to Open Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:07 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 The items to be discussed in Executive Session, as posted on the agenda, are: UNDER SUBSECTION (e) LEGAL - 1) Discussion with Special Counsel Mark Breeding regarding Hill Sand Company; and 2) Consultation with City Attorney respecting 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 11:47 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. NEW BUSINESS (Continued) RENUMBERING OF RESOLUTION NO. R91-22 ADOPTED ON THE 24TH DAY OF JUNE, 1991, WHICH APPROVED THE UPDATED EMERGENCY OPERATIONS PLAN, TO R91-26 TO CORRECT A DUPLICATION OF NUMBERING t It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Resolution No. R91-22 adopted on the 24th day of June, 1991, which approved the updated Emergency Operations Plan, be renumbered to R91-26 to correct a duplication in numbering. Motion passed 5 to 0. APPOINTMENT OF COMMITTEE TO STUDY JOB CLASSIFICATIONS AND PAY SCHED- ULES FOR ALL CITY EMPLOYEES Mayor Coppinger suggested that Councilmembers Wolff and Miller be appointed to this committee. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Councilmembers Wolff and Miller be appointed to the committee to 165 study job classifications and pay schedules for all city employees and report back to Council. Motion passed 5 to 0. AUTHORIZATION FOR SETTLEMENT WITH VARIOUS POLICEMEN REGARDING THEIR CLAIMS FOR ON-CALL PAY Councilmember Weber stated it was apparent from the discussion held in Executive Session that the intent of the previous Council was in question in regard to on-call pay. This Council is not sure whether on-call pay should be paid either. Legal actions were discussed. It was moved by Councilmember Weber, seconded by Councilmember Frank, that no settlement be made on the claim at this time. Motion passed 4 to 0, with Councilmember Colson abstaining. AUTHORIZATION TO RETAIN SPECIAL COUNSEL TO EVALUATE AND RECOMMEND SOLUTION TO ON-CALL ISSUE It was moved by Councilmember Wolff, seconded by Councilmember Miller, that authorization be given to retain special counsel to evaluate and recommend a solution to the on-call issue. Motion passed 5 to 0. Before adjournment, City Manager Jim DeShazer asked that, due to the late hour of this meeting's adjournment, the budget workshops previ- ously posted for Tuesday, Wednesday, and Thursday of this week begin on Wednesday instead of Tuesday. Mr. DeShazer proposed a date of August 22, 1991, for the Public Hearing on the Budget for 91-92. ADJOURNMENT The meeting adjourned at 11:55 P. M. minutes approved as submitted and/or corrected this vZ day of A. D., 1991. ATTEST: y Ci y Secret