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1991-10-14 CITY COUNCIL REGULAR MEETING MINUTES196 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON OCTOBER 14, 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. giance was led by Councilmember Colson. APPROVAL OF MINUTES The Pledge of Alle- It was moved by Councilmember Weber, seconded by Councilmember Colson, that the Minutes of the Meeting of September 23, 1991 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Wolff, t that the Minutes of the Joint Public Hearing of October 7, 1991 be approved as presented., Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "Shrine Hospital Benefit Day" and asked that this proclamation be mailed to the Shriners. Mayor Coppinger also proclaimed "Get Out the Vote Day" and members of the Exchange Club accepted this proclamation. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported the Drainage District has installed the pipe crossing for the bridge in the rear portion of Independence Park and suggested warning rails be installed on both sides of this new crossing. Councilmember Wolff further reported that the Drainage District will soon begin laying the pipe along Orange Street. Mr. Yost of the Drainage District inquired of Mr. Wolff if the City would be willing to bear the cost of renting equipment should they find any wet sand while doing their drainage work along Orange Street. In closing, Councilmember Wolff reported the District's work on the Coun- try Club bridge will be completed in the next two days. Councilmember Colson reported her attendance at the Library Board meeting on September 24th and encouraged citizens to volunteer their services to the Library. Mrs. Colson inquired of the progress made since the meeting with Steven Levine of the Highway Department regard- ing the school zones in and around Jamison Middle School and the high school site. 197 Councilmember Miller reported his attendance at a meeting with other City personnel regarding hiring an outside consultant to look at employee classifications and pay plan. Mr. Miller spoke to the Rotary Club on October 1 and was a judge at the Senior Citizens' Halloween Dance and for an activity at Carleston Elementary on October 4th and 10th, respectively. On October 11, Mr. Miller attended the EMS Awards banquet as well as the Park Board meeting on October 12th. In closing, Councilmember Miller reported on the meetings, workshops, and public hearings the Council has conducted recently. Councilmember Frank reported his attendance at the various meetings of the Council and related he and his wife were also judges at the Senior Citizens' dance. Mr. Frank reported on the status of the Melvin Knapp y"' Expansion informing that the contract was signed today with construc- tion to start in the very near future. Councilmember Weber reported his attendance at all Council activities and congratulated those who were honored at the 100 Club Banquet on October 5th which he attended. Mr. Weber stated he planned to attend the Brio Site Task Force breakfast in the morning and, in closing, invited all to a rally at Independence Park on October 20th. Returning to his report, Mayor Coppinger commented on some short and long term goals as the City begins its fiscal year. Mr. Coppinger inquired if we have received an answer from our fiscal agent regarding how we may expend the funds from our recent selling of certificates of obligation. City Manager DeShazer responded our agent is still out of town and cannot be reached for comment. DEPARTMENTAL REPORTS City Manager DeShazer reported on a meeting with the State Highway Department in which he and City Engineer Dick Qualtrough expressed the desire to take advantage of the work currently being done by the State on the bridge at Country Club to expedite some work needing to be done on the road itself. The State has requested we determine some cost figures as they will need a change order to proceed on this joint venture. Councilmember Miller inquired of the City Manager concerning the progress of leasing a portion of the third floor for office space. Mr. DeShazer responded he had worked out some of the details and discussed them with Councilmember Wolff and, upon the advice of Mr. Wolff, they were now in the re -working stage. In closing, City Manager DeShazer reported he had been unable to reach Mr. Levine regarding the traffic concerns in and around the City. CITIZENS: 1. John Rodriguez, 3012 S. Main. With Council's concurrence, Mr. Rodriguez was represented by his attorney who spoke about the wrecker rotation permitting process in the City. 2. James/Dorothy Medearis, 4824 W. Broadway. Mr. & Mrs. Medea- ris questioned whether a portion of their land could be taken by the City without compensation. 3. H. R. Brown, 2905 Country Club. Mr. Brown spoke against the proposed rezoning along Country Club Drive referring to a letter from the attorney representing those persons opposed to the rezoning. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS 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 (SECOND READING) Mayor Coppinger addressed this controversial rezoning issue and stated the Council, while realizing it could not please everyone, wanted a correct resolution to this matter. 198 It was moved by Councilmember Wolff, seconded by Councilmember Miller, that this item be passed at this time and not considered until such time as the Council could discuss it with legal counsel. Motion passed 3 to 2, with Councilmembers Frank and Colson voting against. It was expressed that this item be resolved and put back on the agenda as expeditiously as possible. ORDINANCE NO. 621, ORDINANCE ALLOWING UPDATED SERVICE CREDITS UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM Councilmember Wolff asked to be excused from the Chambers at this time. Ordinance No. 621 was read in caption by Councilmember Frank. (Second and final reading) It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 621 be passed and approved on its second and final reading. 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 CITY 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, with Councilmember Wolff absent from the Cham- ber. Councilmember Wolff returned to the Chamber at this time. MEETING RECESSED AT 8:19 P. M. MEETING RECONVENED AT 8:36 P. M. NEW BUSINESS ORDINANCE NO. 622, AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY AND CLEAN PEARLAND COMMUNITY COMMITTEE Ordinance No. 622 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 622 be passed and approved on its first reading. Said Ordinance No. 622 reads in caption as follows: ORDINANCE NO. 622 �1' 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. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. 199 Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 25, C. DAVIS WILSON, AGENT FOR FEDERAL INSURANCE DEPOSIT CORPORATION, OWNER, FOR AN AMENDMENT TO THE LAND USE ORDINANCE ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF W. BROADWAY AND HARKEY ROAD Councilmember Colson read into the records the following letter from the Planning and Zoning Commission: October 9, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 25, Request of C. Davis Wilson, Agent for Federal Deposit Insurance Corporation, Owner, for an Amend- ment to the Land Use and Urban Development Ordinance of Said City from Classification R-4, Planned Unit Development to R- 3, Single Family Dwelling District. Gentlemen: The Planning and Zoning Commission, in a regular meeting held on October 7, 1991, immediately following the joint public hearing, considered the above mentioned zoning request. It was moved by Mary Starr, seconded by Pat Courtin, that recommenda- tion be made to Council that Application No. 25 be approved. This is submitted for your consideration. Sincerely, /s/ Al Lentz, Chairman Planning and Zoning Commission AL/ls It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that Application No. 25 be approved for rezoning from R-4, Planned Unit Development, to R-3, Single Family Dwelling District. It was suggested the motion be amended to include instruction to the City Attorney to prepare the necessary ordinance to enact the zone change with said ordinance being on the next meeting's agenda. The maker and seconder of the motion agreed to so amend the motion. Motion passed 5 to 0. ORDINANCE NO. 555-1, ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT BETWEEN E & D WASTE SYSTEMS, INC. AND THE CITY OF PEARLAND FOR THE DISPOSITION OF SOLID WASTE Ordinance No. 555-1 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Ordinance No. 555-1 be passed and approved on its first reading. City Manager Jim DeShazer informed we were, in the past, charged on a minimum number of cubic yards. The clause referring to a "minimum" number of cubic yards has been removed. The City will still use E & D's landfill, hauling items the City is still responsible for such as 200 limbs and discarded appliances. currently, y, we are also hauling sludge to this landfill until we can go out for bids and enter into a con- tract with a company to take our sludge. Said Ordinance No. 555-1 reads in caption as follows: NO. 555-1 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED SOLID WASTE AGREEMENT, A FACSIMILE OF SAME BEING AN- NEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN E AND D WASTE SYSTEMS, INC. AND THE CITY OF PEARLAND, TEXAS AND AUTHORIZING PAYMENTS. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. -- Voting "No" - None. Motion passed 5 to 0. DISCUSSION AND/OR AUTHORIZATION TO CONSTRUCT A ROAD TO HIGH SCHOOL The Council had a lengthy discussion concerning various routes for an additional road to the high school site. Rights-of-way, easement, dedication, and conveyance of properties in and around the site were discussed. Estimates of cost for the construction of this proposed road were elaborated on. The Council considered the role the School District and the Drainage District might play in this proposed under- taking. It was the consensus of the Council that Councilmembers Frank and Wolff visit with the School Board at their next regular meeting to discuss this item with them and report back to Council. CHANGE IN THE ORDER OF BUSINESS DISCUSSION AND/OR AUTHORIZATION TO HIRE INDEPENDENT CONSULTANT TO REVIEW SALARIES AND JOB DESCRIPTIONS OF CITY EMPLOYEES Councilmember Miller reported that during the recent budget workshops, '~ it became apparent that the City's pay classifications lacked parity and an indepth analysis needed to be made. Mr. Miller continued that he and Councilmember Wolff were asked to examine the City's job descriptions and salaries. In attempting to undertake this project, Councilmembers Miller and Wolff readily agreed this endeavor could best be handled by an outside consultant who could look at the City personnel operations as a whole. Councilmember Miller introduced Mr. Chris Hartung who discussed with Council his method and the steps involved in making this evaluation. This research may also provide some needed data for the recently enacted American with Disabilities Act which the City will have to comply with. Mr. Hartung discussed his qualifications and answered questions from the Council. After further discussion, it was moved by Councilmember Miller, sec- onded by Councilmember Wolff, that the City Attorney prepare an appro- priate document allowing the Mayor to enter into a contract with Chris Hartung for services provided for in his proposal. Motion passed 5 to 0. RESOLUTION NO. R91-34, RESOLUTION AUTHORIZING PLACEMENT AND REMOVAL OF CERTAIN STOP SIGNS AT OLD AND NEW HATFIELD ROADS — i Resolution No. R91-34 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R91-34 be passed and approved on its first and only reading. Said Resolution No. R91-34 reads in caption as follows: 201 RESOLUTION NO. R91-34 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT, ERECTION, AND REMOVAL OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND (ONE STOP SIGN ON NEW HATFIELD ROAD AT ITS INTERSECTION WITH OLD HATFIELD ROAD/COUNTY ROAD 5551 NORTHEAST CORNER, FOR NORTHBOUND TRAFFIC, TO BE ERECTED; AND ONE STOP SIGN AT THE INTER- SECTION OF OLD HATFIELD ROAD/COUNTY ROAD 555 AND NEW HATFIELD ROAD, SOUTHEAST CORNER, FOR NORTHBOUND TRAFFIC TO BE REMOVED). Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-35, RESOLUTION EXPRESSING THE DESIRE OF COUNCIL TO HAVE BRAZORIA COUNTY ROAD DISTRICT NO. 3 REACTIVATED Councilmember Wolff discussed the history of Road District No. 3 and stated he felt its reactivation could be used as a tool to pass some of the burden of the cost of major roadways in and out of the City on to those who will use them. There ensued a lengthy discussion concerning such issues as bound- aries, Brookside Village's participation, bond issues, government of the road district, the holding of public meetings on this issue, and acquisition of rights-of-way. It was moved by Councilmember Wolff, seconded by Councilmember Weber that Resolution No. R91-35 be passed and approved on its first and only reading. Said Resolution R91-35 reads in caption as follows: RESOLUTION NO. R91-35 A RESOLUTION EXPRESSING THE DESIRE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO HAVE BRAZORIA COUNTY REACTIVATE ROAD DISTRICT NO. 3 AND TO DEFINE NEW BOUND- ARIES THEREFORE TO INCLUDE ALL OF BROOKSIDE VILLAGE. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-33, RESOLUTION CHANGING THE FIRST REGULAR MEETING DATE IN NOVEMBER 1991, DUE TO THE VETERANS HOLIDAY Resolution No. R91-33 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Resolution No. R91-33 be passed and approved on its first and only reading, designating November 4, 1991, as the date of the first regular meeting for the City Council in November. RESOLUTION NO. R91-33 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE FIRST REGULAR MEETING DATE IN NOVEMBER, 1991, DUE TO THE VETERANS HOLIDAY. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to. 0. 6f 'i 202 INVOICE NO. 05270, BIG STATE PUMP COMPANY, IN THE AMOUNZ OF $9,314.60 FOR THE EMERGENCY REPAIR OF MCLEAN ROAD WATER WELL It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Invoice No. 05270 in the amount of $9,314.60 be paid to Big State Pump Company for the . repair of the McLean Road water well with funds to be taken from the appropriate account. Motion passed 5 to 0. INVOICE NO. 06-109, INSITUFORM GULF SOUTH, INC., IN THE AMOUNT OF $161,156.80 FOR REPAIRS IN THE WILLOWCREST SUBDIVISION City Manager DeShazer reported an agreement had been reached with Insituform over the amount actually owed. When questioned by Mayor Coppinger, City Manager DeShazer responded that the total amount of expenditure on this project was less than originally estimated. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Invoice No. 06-109 in the amount of $161,156.80 be paid to Insi- tuform Gulf South, Inc. with funds to be taken from the appropriate account. Motion passed 5 to 0. AUTHORIZATION TO BID TWO POLICE VEHICLES City Manager DeShazer requested permission to bid these 91-92 budgeted items now as it will be after the first of the year before we can take delivery on them. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that authorization be given to bid two police vehicles. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:08 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - 1) Discussion of appointment of two members to the Planning and Zoning Commission to fill the unexpired terms of Leroy Savoie and Mike Bunch; and 2) Discussion of appointment i of alternate member to the Zoning Board of Adjustment. MEETING RETURNED TO OPEN SESSION AT 10:30 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN The meeting adjourned at 10:31 P. M. Mi es approved as submitted and/or corrected this o2, � day of A. D., 1991. Mayor ATTEST: City Secret