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1991-09-23 CITY COUNCIL REGULAR MEETING MINUTES185 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON SEPTEMBER 23, 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 Wolff. APPROVAL OF MINUTES It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Minutes of the Regular Meeting of September 9, 1991, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Colson, seconded by Councilmember Frank, that the Minutes of the Special Meeting of September 17, 1991, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed Saturday, September 28th, as "Knights of Columbus Day for the Hearing Impaired." Local Knights of Columbus representatives accepted this proclamation. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported his attendance at the Drainage District No. 4 meeting as Council liaison. At this meeting the Commissioners discussed substituting culvert pipe for the proposed bridge at the City Park leading to the football field. Pipe for the Orange Street project is being delivered and work is being completed on the bridge at Country Club at which time the work on Orange Street will commence. Councilmember Wolff also reported on a meeting he attended with County officials, Councilmember Weber, and City Manager DeShazer at which the reenactment of Road District No. 3 was discussed. The reestab- lishment of this district could possibly benefit us with roads provid- ing needed additional ingress and egress to the City. This may re- quire a resolution by the City in the future giving its consent. Councilmember Colson reported on the City Survey, giving statistics generated by this study. An overall participation rate of 45.7% for the City was announced. Copies of this survey have been made avail- able to Council and Staff. Councilmember Colson urged that priorities be set, giving emphasis to police protection, drainage, and flood control as these were major concerns of the citizens. Ms. Colson 186 suggested workshops be called to address these issues. In closing, Councilmember Colson thanked Paulette Mire, Water Billing Supervisor, and her staff for their assistance in conducting this survey. Mayor Coppinger commended Councilmember Colson for her efforts in this citizen survey. Councilmember Miller reported on the Special Meeting of September 17th in which the City Manager was evaluated. On September 21, Councilmem- ber Miller attended the Parks Board meeting and he apprised the Coun- cil of the progress on the grant for McLean Park. Later that day, Mr. Miller participated in Founder's Day activities. In closing, Council - member Miller reported receiving a letter from the Mr. Dane Cessac which gave details of a "Plant a Tree" project in the City from Sep- tember 18 through November 20th. Customers who purchase business products printed on recyclable paper will have a live oak tree planted in their name in either McLean Park or Independence Park by the .e' members of the Environmental Club of Pearland High School. Councilmember Frank reported his attendance at workshop meetings and, as liaison to Clean Pearland, a breakfast meeting of Clean Pearland at which the contract between the City and Clean Pearland was discussed. Councilmember Weber reported his attendance at the meeting evaluating the City Manager and the meeting which discussed the reestablishment of Road District No. 3. Continuing his report, Mayor Coppinger called attention to the coming joint public hearings with the Planning and Zoning Commission and asked that the Council have a workshop meeting next Tuesday, October 1. Mayor Coppinger congratulated the Lions Club on their fundraiser for the D.A.R.E program. Mayor Coppinger reported on a meeting with Emergency Management Coordinator David Smith and City Staff. DEPARTMENTAL REPORTS Chief of Police Mike Hogg thanked all involved in the recent fish fry which raised over $18,000 for support of the Crime Prevention Program. Mr. David Smith, liaison to the Clear Creek Watershed, gave a status report of the activities of this entity. Past, present, and future *---/ endeavors were delineated. Mr. Smith asked the Council to 1) partici- pate along with sixteen other entities in funding the steering commit- tee budget for the next year; 2) take action by resolution or ordi- nance that all future development pass by the steering committee for its approval; and 3) begin acquiring rights-of-way along Mary's Creek. In closing, Mr. Smith encouraged the City to move forward and work with the Clear Creek Watershed. CITIZENS 1. Marvin Chipman, United Way. Mr. Chipman spoke of the merits of United Way in Brazoria County and encouraged all to participate. 2. J. J. Goldman, Brio Task Force. Ms. Goldman, along with other Brio representatives, detailed plans to clean up the Brio site. 3. James/Dorothy Medearis, 4824 W. Broadway. Mr. & Mrs. Medea- ris had asked that their names be removed under Citizens at this time. 4. H. R. Brown, 2905 Country Club. Mr. Brown spoke against the proposed rezoning along Country Club and presented an addendum to the petition of August 21, 1991. 5. Barbara Bamburg, 2824 Country Club. Ms. Bamburg spoke against the proposed rezoning along Country Club and re- quested that her letter of September 9, 1991, be made a part of the minutes of this meeting. 6. Tom P. Alexander, 2411 S. Park. Mr. Alexander spoke in 187 favor of the proposed rezoning along Country Club. MEETING RECESSED AT 8:33 P. M. MEETING RECONVENED AT 8:47 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 620, ORDINANCE AUTHORIZING AND APPROVING A CONTRACT WITH BEST WASTE, INC. Ordinance No. 620 was read in caption by Councilmember Colson. (Second and Final Reading) It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 620 be passed and approved on second and final reading. Said Ordinance No. 620 reads in caption as follows: AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN CITY OF PEARLAND AND BEST WASTE, INC. FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING SERVICES. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS RESOLUTION NO. R91-31, RESOLUTION OF THANKS TO GEORGE AND NOLA HAST- INGS Resolution No. R91-31 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Resolution No. R91-31 be passed and approved. Said Resolution No. R91-31 reads in its entirety as follows: RESOLUTION NO. R91-31 WHEREAS, George and Nola Hastings have unselfishly donated land to the City of Pearland; and WHEREAS, such thoughtful and generous donation has contributed toward the expansion of the Melvin Knapp Activity Building and toward providing additional parking spaces needed for same; and WHEREAS, the benefits from this kind gift will be enjoyed by the citizenry now and in the future; and WHEREAS, the members of the City Council of the City of Pearland, Brazoria and Harris Counties, State of Texas deem it fitting and proper to recognize the contribution of GEORGE V. AND NOLA M. HASTINGS NOW THEREFORE, be it resolved and signatures hereunto affixed attest and bear witness that the hereunder signed and the people of the City do gratefully acknowledge this contribution. R• 1 PASSED and APPROVED on this 23rd day of September, A. D., 1991. Signed: C. V. Coppinger, Mayor D. A. Miller, Councilmember Benny Frank, Councilmember Randy Weber, Councilmember Joy Colson, Councilmember William Wolff, Councilmember ATTEST: Pat Jones, City Secretary Council voted unanimously to approve this Resolution of Thanks to the Hastings. ORDINANCE NO. 509-27, ORDINANCE AMENDING THE LAND USE AND URBAN DEVEL- OPMENT ORDINANCE, JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER FROM CLASSIFICATION R-1 TO R-3, PUD Mayor Coppinger called upon City Attorney Lester Rorick to comment on this ordinance. City Attorney Rorick discussed the history of this proposed rezoning and the petitions which have been presented both for and against this issue. Mr. Rorick discussed whether a 3/4 vote of the Council or a simple majority vote was needed in light of the petitions received. Mr. Rorick stated that our zoning ordinance does not track State law which would supersede our local statute. Mr. Rorick then discussed how to figure the square footage of the area of the proposed zone change and stated that by that computation ( State law) , there was not a sufficient number of signatures to be considered a valid protest. Ordinance No. 509-27 was read in caption by Councilmember Weber. (First Reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-27 be passed and approved on its first reading. Said Ordinance No. 509-27 reads in caption as follows: NO. 509-27 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI- CATION OF CERTAIN REAL PROPERTY LOCATED IN GREEN TEE SUBDIVISION FROM SINGLE FAMILY DWELLING DISTRICT (R-1) TO R-3 PLANNED UNIT DEVELOPMENT (R-3 PUD) AT THE RE- QUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Weber, Frank, and Colson. Voting "No" - Councilmembers Miller and Wolff. Motion passed 3 to 2. ORDINANCE NO. 621, ORDINANCE ALLOWING UPDATED SERVICE CREDITS UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM Ordinance No. 621 was read in caption by Councilmember Miller. (First Reading) City Manager De5hazer informed that the City's current rate of contri- bution is 7.81% and this will drop to 7.76% beginning January 1. With 189 the passage of this ordinance, the City will no longer have to annual'- ly pass an ordinance for updated service credit/annuity increases as an annual repeating calculation will be done by Texas Municipal Re- tirement System. Councilmember Wolff excused himself from the Chambers at this time. It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 621 be passed and approved on its first read- ing. Said Ordinance No. 621 reads in caption as follows: ORDINANCE NO. 621 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVID- ING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Voting "Aye" - Councilmembers Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 4 to 0. (Councilmember Wolff absent from the Chamber.) Councilmember Wolff returned to the Chamber at this time. ORDINANCE NO. 622, ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY AND CLEAN PEARLAND COMMUNITY COMMITTEE Ordinance No. 622 was read in caption by Councilmember Frank. (First Reading) It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 622 be passed and approved on its first reading. Said Ordinance No. 622 reads in caption as follows: ORDINANCE NO. 622 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE. In Council discussion, the City Attorney was asked if he had reviewed the agreement and he replied that he would look at it in more detail in a few days as there might be a few areas which could present a problem. Council asked the City Attorney to look specifically at areas address- ing the renewal date of the contract, our authority relating to the extraterritorial jurisdiction, and personnel for this committee. Upon advice of Counsel, it was the consensus of Council that no action be taken on the contract now, but rather the City Attorney would redraft this document. The maker of the motion withdrew his recommendation with the request that this redraft be on the agenda of the next regular meeting of the Council. The seconder of the motion so agreed. City Manager DeShazer reported meeting with Ms. Carol Thelan and her group regarding the composting study for the City. 190 rnnt i nii i nn h i c A=nartmcnta 1 Mr nmchm ucr ^" n , --4-4-- with Mr. McDonald of the Highway Department in Angleton regarding the road work needing to be done in the area of the new bridge on Country Club. It seems to be an appropriate time to do some of the work while the bypass is still in place, and, while no commitment was given on the part of the Highway Department, they did suggest the City write a letter detailing our needs which will be delivered to the District Engineer's office, Mr. DeShazer related. In closing, Mr. DeShazer reported there had been a failure in the McLean well and repairs for this will cost approximately $9,300.00. This expense will be on the next agenda for approval. RESOLUTION NO. R91-28, RESOLUTION NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT City Manager DeShazer informed that Mr. Dennis Frauenberger has served— in this capacity in the past and is willing to serve another term. Voting on the candidates will be done by future resolution. Resolution No. R91-28 was read in caption by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Resolution No. R91-28 be passed and approved, nominating Dennis Frauenberger as a candidate to the Brazoria County Appraisal District. Said Resolution No. R91-28 reads as follows: RESOLUTION NO. R91-28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-29, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND THE JOURNAL AS THE OFFICIAL NEWSPAPER OF THE CITY Resolution No. R91-29 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Resolution No. R91-29 be passed and approved. The Council discussed the procedure and qualifications necessary to retain an official newspaper for the City. Said Resolution No. R91-29 reads in caption as follows: RESOLUTION NO. R91-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CON- TRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-30, RESOLUTION AUTHORIZING THE MAYOR AND EACH COUNCILMEMBER TO EXECUTE AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR STREET ASSISTANCE WITHIN THE CITY LIMITS Resolution No. R91-30 was read in caption by Councilmember Wolff. 191 It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Resolution No. R91-30 be passed and approved. Said Resolution No. R91-30 reads in caption as follows: RESOLUTION NO. R91-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE MAYOR AND EACH COUNCILMEM- BER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-32, RESOLUTION DESIGNATING REPRESENTATIVES TO H -GAC GENERAL ASSEMBLY Resolution No. R91-32 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Wolff, that Resolution No. R91-32 be passed and approved appointing Mayor Coppinger as the representative and appointing Councilmember Weber as the City's alternate representative. Said Resolution No. R91-32 reads in caption as follows: RESOLUTION NO. R91-32 DESIGNATION OF REPRESENTATIVES, HOUSTON-GALVESTON AREA COUNCIL, GENERAL ASSEMBLY, 1992 Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. BID NO. B91-18, MELVIN KNAPP ACTIVITY BUILDING EXPANSION Architect Jack McGuff reviewed the following bids with Council: VENDOR BASE BID ALT #1 ALT #2 BID BOND WORKING TIME R.H.DUGAN ENT. $297,000 -$7,000 -$ 326 YES 90 DAYS DUROTECH INC. $317,900 -$2,500 -$ 700 YES 120 DAYS FROST CONST. $331,950 -$3,142 -$1,310 YES 120 DAYS PATAK & POOLE $323,000 -$4,500 -$ 800 YES/CSH CK 150 DAYS JACO CONST. $364,900 -$ 800 -$ 900 YES 120 DAYS PURCELL CONST. $313,426 -$7,292 -$1,680 YES 185 DAYS REGAS CONTR. $290,000 -$3,700 -$ 900 YES 105 DAYS 192 Mr. McGuff recommended the bid be awarded to Regas Contracting with the stipulation that a complete list of subcontractors be submitted for the architect's approval. The qualifications of the recommended bidder were discussed. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Bid No. B91-18, Melvin Knapp Activity Building Expansion, be awarded to Regas Contracting in the amount of $285,400 (deducting alternates 1 and 2), with a completion time of 105 days. The Council discussed automatic doors as a change order item to meet the requirements of the Federal Disabilities Act by 1992. The mechan- ics of these doors and cost, which was estimated to be $4,000.00, were discussed. The maker and the seconder of the motion agreed to amend the motion allowing for the placement of automatic doors in the building. --- Motion passed 5 to 0. REAPPOINTMENT OF THREE MEMBERS TO THE PARKS BOARD FOR THREE YEAR TERMS It was moved by Councilmember Miller, seconded by Councilmember Weber, that Bob Pond, James Skipper, and Tootie McComb be reappointed to the Parks Board for three years terms. Motion passed 5 to 0. ENCUMBRANCE OF FUNDS FROM 1990-91 BUDGET TO 1991-92 BUDGET Council discussed these various funds. Consideration was given to delaying some of the encumbrances until after the annual audit. After much discussion, it was moved by Councilmember Miller, seconded by Councilmember Weber, that all funds, as submitted by the Finance Department, be encumbered from the 1990-91 budget to the 1991-92 budget. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:55 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: UNDER SUBSECTION (g) PERSONNEL - Hearing requested by City Employee and his Counsel. MEETING RETURNED TO OPEN SESSION AT 10:15 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. rION1411l,kiI The meeting adjourned at 10:16 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1991. ATTEST: City Secretar Mayor