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1981-08-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 10, 1981, AT 7:30 P. M. IN THE CITY HALL; 2335 N. TEXAS AVENUE; PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman City Manager City Attorney City Secretary Tom Reid Al Lentz Harry Farley Terry Gray Charles R. Mack Ronald J. Wicker Bobby J. Williams Dorothy L. Cook Absent from the meeting: Councilman Carlton McComb INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Terry Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting of July 27, 1981, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: -IN Mayor Reid appointed a Committee to be known as the Bond Issue Committee. The purpose of this Committee will be to review the list of Capital Improvement priority items, as prepared by Councilman Gray, and recommend certain priority items be placed on the ballot for consideration by the citizens;Councilman Farley, Chairman & Councilman Lentz,membei Councilman Lentz was appointed as Chairman of a Committee to bring back to the City Council a plan for park land acquisition. Councilman Gray will serve as a member along with City Manager Wicker, the Chairman of the Park Board, and the Chairman of the Planning & Zoning Commission. Mayor Reid reported on a bill, now before the Governor for signature, that pertains to, basically, taking some of the tax dollars that would normally go to the State Department of Highways and divert the funds locally for the purpose of maintaining streets used in reaching State Highways. Mayor Reid read a letter of resignation from Kenneth Kesselus, a member of the Library Board. Replacement of Kenneth Kesselus, on the Library Board, to be placed on the next agenda. COUNCIL ACTIVITY REPORTS: Councilman Gray spoke about the problems the City has encountered with the G.M.C. garbage trucks recently purchased. He stated that he felt some action should be taken to try and get the trucks repaired so that proper garbage pickup can be maintained in the City. He suggested that a letter be sent to General Motors, and asked City Attorney Williams if he would assist in the preparation of such a letter. Mr. Williams is to work with City Manager Wicker on preparing a letter for the Mayor's signature. Councilman Lentz:. -reported that there has been an increase in destruction and defacing of City property, such as traffic control devices and barricades installed for the safety of the citizens. City Manager Wicker advised that we would need the helpp of to help combat t9is problem. neighborhood residents, as well as citizens throughout the community, City Attorney Williams stated that we do'not have enough police officers to handle this situation, and it will take the help of all citizens in prompt reporting to the Police Department any incidents they see, as well as obtaining license numbers of the vehicles involved. DEPARTMENTAL REPORTS: City Manager Ron Wicker introduced the City's new Purchasing Agent, Gary Jackson. Mr. Jackson comes to the City from Port Arthur. CITIZENS: None CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: CHARTER REVIEW COMMISSION'S REPORT: The following report was submitted by the Charter Review Commission: TO: MAYOR and CITY COUNCIL City of Pearland, Texas r-- FROM: 1981 CHARTER REVIEW COMMISSION SUBJECT: Report and findings of Commission pursuant to Section 10.15(4) of the Home Rule Charter of Pearland Gentlemen: Pursuant to Section 10.15(4) of the Home Rule Charter of the City of Pearland, the undersigned duly appointed 1981 Charter Review Commissioners, acting herein by and through their Chairman, hereby respectfully submit to the Mayor and City Council of the City of Pearland, the following report, findings and proposed amendments for the review year of 1981, to -wit: 1. Proposed Amendment to Charter. The Commissioners propose that Section 3.07, Subsection (P) of the Home Rule Charter be amended to read as follows: "(P) All powers of this Charter shall be vested in the City Council. The Council shall conduct all business in official meetings held and called pursuant to the provisions of the Charter and applicable laws of the State of Texas. No individual member of the City Council shall have any power to act, investigate, make appointments or inquire into the conduct of any office, department or agency of the City without the specific authorization of the City Council in a meeting." 2. Proposed Amendment to Charter. The Commissioners propose that Section 4.02(a) of r` the Home Rule Charter be amended to read as follows: "(a) Chief of Police: The Chief of Police shall be the chief adminis- trative officer of the department of police. He shall, with the approval of the City Manager, appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Chief of Police shall be appointed by the City Manager, with the approval of the City Council, for an indefinite term. The Chief of Police shall be responsible to the City Manager for the administration of his department and the carrying out of the directives of the City Manager. He may be removed from office by the City Manager with the approval of the City Council." `-y 3. Proposed Amendment to Charter. The Commissioners propose that Section 4.05 of the Home Rule Charter be amended to read as follows: "Section 4.05 Department of Finance. There shall be established and maintained a department of finance to administer the financial affairs of the City. The City Manager, with the approval of the City Council, shall appoint a competent person as the Director of Finance and such assistants as the City Manager and City Council shall deem advisable. The Director of Finance shall be the official City treasurer, and shall perform the duties delegated to him by the City Manager and those which may be imposed upon him by the laws of the State of Texas." 4. Proposed -Amendment to Charter. The Commissioners propose that Section 8.17 be amended to read as follows: "Section 8.17 Purchase Procedure All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the City unless and until the City Manager certifies that there is to the credit of such office, depart- ment or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractural services for which the contract or order is issued. All purchases made and contracts executed by the City shall be made in accordance with the requirements of this Charter and all applicable require- ments of the Constitution and Statutes of the State of Texas. All contracts for pur- chases or expenditures must be expressly approved in advance by the Council, except that the Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of the Council for all budgeted items the cost of which do not exceed the constitutional and statutory requirements for competitive bidding. 5. Recommendation to Council. The Commissioners propose that the City Council review Section 3.10 of the Charter and provide wording whereby the City Council could pass emergency ordinance on one reading to meet public emergency affecting life, health, property, or the public place. Respectfully submitted, CHARTER REVIEW COMMISSION 1981 By: /S/ Dave Trombitas Chairman cc: Bobby J. Williams City Attorney The following report was submitted by City Attorney Bobby Williams: TO: MAYOR and CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: Review and Comments on Charter Review Commission Report for 1981 Gentlemen: Pursuant to the applicable provisions of Section 10.15 of the Home Rule Charter of Pearland, I hereby submit my report and findings regarding the report and recom- mendations of the 1981 Charter Review Commission. 1. I agree with the amendment of Section 3.07(P) as submitted and recommend that it be submitted to the voters at the next regular general election. 2. I agree with the amendment of Section 4.02(a) as submitted and recommend that it be submitted to vote. 3. I agree with the amendments of Sections 4.05 and 8.17 of the Charter as submitted and recommend that it be submitted to vote. 4. I recommend that the Council should look to the amendment of 3.10 of the Charter regarding emergency ordinance and that if an appropriate amendment can be framed by the Council that that item should be submitted to vote. If you have any questions regarding this report or the report of the Commission, please advise. Sincerely, Bobby J. Williams City Attorney BJW/bk Attachment cc: 1981 Charter Review Commission It was moved by Councilman Farley, seconded by Councilman Mack that the recommendations of the Charter Review Commission be accepted into the records of this meeting along with the additional recommendations of the City Attorney, and that these be given serious consideration as possible Charter Amendments. Also, that a vote of thanks be given to the members of the Commission. Motion passed 4 to 0. Copy of the report to be published in both English and Spanish. ORDINANCE NO. 246-73, FINAL READING OF AN AMENDMENT TO THE LAND USE AND URBAN DEVELOP- MENT ORDINANCE - APPLICATION NO. 98 (AMENDED) C. H.'& HELEN F. ALEXANDER ESTATES: Ordinance No. 246-73 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 246-73 be passed and approved on second and final reading. Said Ordinance No. 246-73 reads in caption as follows: ORDINANCE NO. 246-73 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 246-74, FINAL READING OF AN AMENDMENT TO .THE LAND USE AND URBAN DEVELOP- MENT ORDINANCE - APPLICATION NO. 95 - BERT AND.FRANCES JAMISON: It was moved by Councilman Gray, seconded by Councilman Lentz that final action on Ordi- nance No. 246-74 be tabled until the next regular Council Meeting. Motion passed 3 to 1. Councilman Farley opposed. NEW BUSINESS: REVIEW AND POSSIBLE AWARD OF BID NO. B81-13, 60" CONCRETE PIPE: The following bid was reviewed by the City Council: VENDOR AMOUNT DESCRIPTION PER FT. TOTAL Hydro Conduit 1016 ft. C76 CL -111 $49.11 per ft. $49,895.76 50 Corp. T&G Concrete Pipe Bid Bond City Manager Wicker recommended that the bid be accepted by the City Council and awarded to Hydro Conduit Corporation in the amount of $49,895.76. It was moved by Councilman Gray, seconded by Councilman Mack that Bid No. B81-13 be awarded to Hydro Conduit Corporation in the amount of $49,895.76 for 1016 feet of 60" concrete pipe. Motion passed 4 to 0. AUTHORIZATION FOR THE CITY MANAGER TO BID E. M. S. BUILDING: City Manager Wicker submitted plans for a new E. M. S. Building and advised that the plan was to pay for this building out of unencumbered funds. The meeting recessed at 8:10 P. M. to enable members of the Council to review plans. It was moved by Councilman Farley, seconded by Councilman Lentz that the City Manager be authorized to go out for bids for the construction of an Emergency Services Building. Motion passed 4 to 0. Councilman Farley pointed out that in addition to serving the E. M. S., it will also serve as the emergency center in case of hurricanes and other disasters. ORDER FOR ACCEPTANCE OF "CONNECTING LINK" ROAD FUNDS FROM BRAZORIA COUNTY: Mayor Reid stated that he recently contacted Commissioner Plaster regarding disbursing allocated funds to the City rather than the County forces doing a specified amount of work for the County's allocated funds. Mayor Reid stated that the Commissioner's Court has now approved this and we will need to execute an order so this matter may be concluded. It was moved by Councilman Gray, seconded by Councilman Farley that the City Council approve the Order for Acceptance of "Connecting -Link" Road Funds from Brazoria County, in the amount of $15,000, and the Mayor be authorized to sign the Order. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: TIME: 8:35 P. M. PURPOSE OF THE HEARING: 1. PROPOSED GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING 10/1/81; 2. PROPOSED WATER AND SEWER OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING 10/1/81; 3. PROPOSED REVENUE SHARING BUDGET FOR THE FISCAL YEAR BEGINNING 10/1/81. GENERAL FUND $4,408,806 WATER & SEWER 1,092,338 REVENUE SHARING 127,950 FORMAT: Each page of the General Fund, Water & Sewer, and Revenue Sharing Budgets were projected on the screen and City Manager Wicker explained each page. During this presentation, the audience was given an opportunity to ask questions on any item. At the conclusion of the Hearings, Mayor Reid asked for any comments or questions regard- ing the Budgets and hearing none., adjourned the Hearings at 9:35 P. M. rte. Copy of each proposed Budget on file in the Office of the City Secretary for public i inspection. OTHER BUSINESS: RECESSED AT 9:36 P. M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW - SECTION II, SUBSECTION (e) LEGAL. RETURNED FROM EXECUTIVE SESSION AT 11:00 P. M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned 11:01 P. M. Minutes approved as submitted and/or corrected this the .�Zday of A. D. 1981. Mayor ATTEST: City Secretary