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1991-11-04 CITY COUNCIL REGULAR MEETING MINUTES210 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON NOVEMBER 4, 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 C. V. Coppinger Mayor Pro Tem/Councilmember D. A. Miller Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary Randy Weber Joy Colson '~ William Wolff James DeShazer Glen Erwin Lester Rorick Pat Jones Councilmember Benny Frank was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Colson. Mayor Coppinger recognized government students in the audience. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Miller, that the Minutes of the Meeting of October 28, 1991, be ap- proved as presented. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Colson reported her attendance at the Senior Citizen's Dance on November 1st where she served as a judge. Councilmembers Weber, Miller, and Wolff had nothing to report at this time. DEPARTMENTAL REPORTS City Manager DeShazer commented on a letter from Steven Levine of the State Highway Department which addressed various traffic concerns around the City. Mr. DeShazer asked that the bid for two police vehicles on this meeting's agenda be passed to the November 25th meeting. City Manager DeShazer reported on a meeting with a Storer Cable representative where problem areas were discussed. Administrative Assistant Glen Erwin updated the Council on the Ameri- can with Disabilities Act. The City will have to complete some data gathering as well as some projects in order to come into compliance with this mandate by January 26, 1992. The City hopes to join a coalition of cities to aid in job analysis and training. Staff is currently asking for Council's support and will bring a firm figure back soon as to the cost of implementing these required actions. MAYOR'S ACTIVITY REPORT Mayor Coppinger presented to the City Secretary a certificate from the Chamber of Commerce recognizing the City's participation in the 4th of July event this year. Mayor Coppinger reminded all of the Christ- mas tree lighting on December 9th before the scheduled Council meet- ing. Mayor Coppinger reminded those in attendance to vote tomorro 1 1 Mayor Coppinger inquired of the City Manager regarding the new channel at the bridge at Clear Creek and Mr. DeShazer reported the water flowed smoothly during out recent rains. Mayor Coppinger reported on a meeting with Financial Advisor Frank Ildebrando, Finance Director Janet Eastburn, City Manager DeShazer and himself to gather informa- tion for Thursday night's workshop. Mayor Coppinger proclaimed "One Nation Under God Month" and represen- tatives of the Exchange Club accepted this proclamation. CITIZENS 1. James/Dorothy Medearis, 4824 W. Broadway. Mrs. Medearis spoke again of her land, requesting the City to pay her for what was dedicated in right-of-way. 2. Vickie L. McRay, 1520 Westfield. Ms. McRay signed to speak but did not appear. 3. Phil Cessac, Lions Club. Mr. Cessac and representatives of the Pearland Lions Club donated a check in the amount of $4,000.00 to the D.A.R.E program. Police Chief Mike Hogg and Officer Rob Harding accepted this donation in behalf of the anti-drug program. 4. Martin Smith, 7179 Airport, Houston. Mr. Smith spoke about the billing procedure for sewer service to his mobile home park. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-28, ORDINANCE AMENDING THE LAND USE AND URBAN DEVEL- OPMENT ORDINANCE, C. DAVIS WILSON, AGENT FOR FEDERAL DEPOSIT INSURANCE CORPORATION, OWNER, FROM CLASSIFICATION R-4, PUD TO R-3 Ordinance No. 509-28 was read in caption by Councilmember Weber. (Second and final reading) It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Ordinance No. 509-28 be approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 509-28 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Weber, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 620-1, ORDINANCE A1rJENDING CONTRACT WITH BEST WASTE, INC. Ordinance No. 620-1 was read in caption by Councilmember Miller. (Second and final reading) It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 620-1 be passed and approved on its second and final reading. Councilmember Weber voiced his objections to rates charged to small business customers. 212 Councilmember Colson questioned whether these same customers could be allowed to participate in the recycling process. City Manager DeShaz- er stated be believed the recycling trucks did not have commercial routes but he would check into it. Said Ordinance reads in caption as follows: ORDINANCE NO. 620-1 AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND BEST WASTE SYSTEMS, INC. FOR THE PURPOSE OF WORKING A REDUCTION OF RATES FOR CERTAIN NON-FOOD SMALL COMMER- CIAL USERS, PROVIDING FOR A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Colson, and Wolff. Voting "No" - Councilmember Weber. Motion passed 3 to 1. NEW BUSINESS RESOLUTION NO. R91-36, RESOLUTION CASTING BALLOTS FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS Resolution No. R91-36 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that the City's 162 votes be cast for Dennis Frauenberger as a candidate for the Brazoria County Appraisal District Board of Direc- tors. Said Resolution No. R91-36 reads in caption as follows: RESOLUTION NO. R91-36 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Voting "Aye" - Councilmembers Wolff, Colson, Miller, and Weber. Voting "No" - None. Motion passed 4 to 0. AUTHORIZATION FOR CITY TO PARTICIPATE IN THE AMOUNT OF $75,000.00 IN THE PLACEMENT OF A DRAINAGE BOX CULVERT ON THE EASTERLY SIDE OF BARRY ROSE ROAD Councilmember Wolff commented on a proposed $5 million apartment project which was brought to the Council's attention by Developers Banfield and Hausman at a recent workshop. Mr. Hausman had requested the City's help in the filling of the deep ditch along Barry Rose Road in front of the apartment complex. Mr. Wolff stated he felt this was a good business venture for the City and that the funds expended on the project would be returned to the City in taxation in less than a two year period. The Drainage District has joined in this venture and is willing to commit $25,000 and install the box culvert as well as cover the culvert with dirt remaining from the original excavation. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the City participate to the extent of $75,000 with money to be taken from excess bond funds for the purchase of the box culvert to fill this ditch. Motion passed 4 to 0. COUNCIL DECISION ON PARTICIPATION 2�3 VENTION DISTRICT NO. 1 IN BRA ZORIA COUNTY RURAL FIRE PRE - Fire Chief Larry Steed recommended Council not join in this rural fire district as the fire department did not think another tax was neces- sary. The County does not help the City in any way and failure to join this district will not change the service currently provided by our fire department. Other area municipalities which have indicated they will not participate were named. It was moved by Councilmember Weber, seconded by Councilmember Colson, that a resolution be drafted to send to the County Commissioners Court ... indicating we are not interested in participating in Brazoria County Rural Fire Prevention District No. 1. Councilmember Wolff discussed various issues concerning the joining of such a district. After discussion, it was suggested the motion be amended to include- the nclude-the city limits and the extraterritorial jurisdiction. Chief Steed stated his department was recommending it be denied in the ETJ and the City. The maker and seconder of the motion agreed to amend it accordingly. Upon call for the question, the motion passed 4 to 0. BID NO. B91-20, TWO POLICE VEHICLES Mayor Coppinger informed this item would be passed to a future agenda so that prices from H -GAC could be considered. CALL OF A WORKSHOP FOR NOVEMBER 7, 1991 It was moved by Councilmember Wolff, seconded by Councilmember Colson, that a workshop be called for November 7, 1991. Motion passed 4 to 0. RESOLUTION NO. R91-37, RESOLUTION AMENDING RESOLUTION NO. 72-4, ESTAB- LISHING AND REESTABLISHING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL Mayor Coppinger referred to a written request of Councilmember Frank in which. he asked that consideration of this item be delayed until he could be in attendance. Mayor Coppinger recommended that it be passed to a future agenda. Councilmembers Weber and Miller expressed opposition to this postpone- ment. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that this item be passed to a future agenda. Voting was as follows: Voting "Aye" - Councilmembers Wolff and Colson. Voting "No" - Councilmembers Miller and Weber. Voting under the provisions of Section 3.01 ( b ) of the City Charter, Mayor Coppinger voted "Aye." Motion passed 3 to 2. 't COUNCIL REVIEW OF SUBMISSION BY 1991 CHARTER REVIEW COMMISSION AND CITY ATTORNEY'S COMMENTS ATTACHED THERETO FOR POSSIBLE PLACEMENT ON THE MAY, 1992 BALLOT City Manager DeShazer explained the Charter Review Commission is appointed each odd -numbered year and any recommendations made by this commission must be approved by Council for placement on the even - numbered year's ballot. 214 City Attorney Rorick addressed the two suggestions offered by the Commission which concerned failure to adopt a budget before the start of the fiscal year and specifying the runoff date for an election to be the next to the last Saturday in May. Mr. Rorick stated he felt the recommendation of the Commission concerning the failure of the Council to adopt a budget before the start of the fiscal year was not a viable one due to the interaction of the determination of the tax rate with the adoption of the budget. With respect to the recommended amendment concerning the election runoff date, Mr. Rorick stated the City Secretary's office is already in compliance with this date due to mandates of State law and recommended the expense of amending the Charter to make this one correction not be incurred at this time. City Attorney referred to his written memos in response to the Commis- sion's questions on the meaning of "the whole City Council" and the election of officers for the Parks Board. The Council discussed various ways and means to insure the budget was adopted before the beginning of each fiscal year. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that the recommendations of the 1991 Charter Review Commission be tabled at this time and not placed on the 1992 ballot with the City Attorney being asked to look at the language in the Charter to see if it can be improved upon regarding the timely adoption of the budget. Councilmember Colson expressed the desire that the next Commission look at other matters in the Charter such as those sections addressing department heads. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:07 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 (e) LEGAL - Update on Ferguson and Beaty Litigation. `­` MEETING RETURN TO OPEN SESSION AT 10:30 P. M. - NO ACTION TAKEN Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. ADJOURN The meeting adjourned at 10:30 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1991. Mayor ATTEST: City Secre y