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1994-05-23 CITY COUNCIL REGULAR MEETING MINUTES01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 23, 1994, 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 City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: Division Directors Richard Burdine and Glenn Erwin, City Engineer John Hargrove, Attorney Dick Gregg, III, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson. The Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the minutes of the joint public hearing of May 9, 1994, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of May 9, 1994, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "Pearland Night with the Astros. 11 Helen Beckman of Clean Pearland accepted the proclamation and invited all to attend this event as part of the proceeds will be donated to the Hike and Bike Trail fund. Mayor Coppinger, assisted by Division Director Glen Erwin, recognized Election Judges and Clerks for their service at the May 7, 1994, City election. Those recognized were Presiding Judge Oleta Hawkins, Alternate Presiding Judge Helen Horton, and Election Clerks Elias Garcia, Lee Hamaker, Alta Carbone, Delia Keele; Adela Villareal and Patti Powell. Mayor Coppinger also recognized Inez Farmer who is recovering from an illness as Presiding Judge in absentia. Mayor Coppinger reported his attendance at Baccalaureate services for the seniors and inquired of the City Manager a meeting date for indoctrination procedures for the Council. Mr. Grohman responded a tentative date of June 9 has been set to be held jointly with the School District. Mayor Coppinger inquired of the City Manager regarding a complete financial report of the status of the City. Mr. Grohman replied one would be forthcoming the 3rd or 4th week of June with Financial Advisor Frank Ildebrando and Auditor Bob Stephens invited to attend. The City's finances were discussed. 9 Mayor Coppinger inquired of a date for a Council planning retreat and the dates of July 8 and 9 were proposed. Mayor Coppinger noted some Council liaison positions will have to be reassigned at a later date but suggested that Councilmember Richardson fill the vacancy on the Community Leadership Council through the Chamber of Commerce. Further, Mayor Coppinger asked that Councilmember Smith serve with him as alternate to H -GAC as Mr. Smith fills the role of Mayor Pro Tem this year. Closing his report, Mayor Coppinger commended those who have faithfully attended the Brazoria County Cities Association and encouraged others to participate. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting on May 16 but noted it was not held due to lack of a quorum. Mr. Miller reported his attendance at BCCA where Senator Buster Brown was the speaker. Councilmember Tetens had nothing to report at this time. Councilmember Smith reported he attended a retirement ceremony at Pearland Junior High School East and presented on behalf of the Mayor a proclamation honoring Ms. Sherry Foster who is retiring from the District after many years of teaching. Councilmember Smith requested an Emergency Management meeting be held on June 6 with Staff. Councilmember Weber reported he also attended BCCA where Senator Brown spoke on crime issues. Mr. Weber reminded that it would soon be Pearland's time to host the meeting and asked City Secretary Jones to check on this. Councilmember Richardson had nothing to report at this time. CITY MANAGER'S REPORT City Manager Grohman reported $13,000 would be received in grant funds for emergency management and would be used toward hiring a clerk to assist Pat Henderson at the EMS and stated Fire Marshal Larry Steed would be conducting a safety program for the employees. CITIZENS: None EVALUATION AND DISCUSSION.OF CITY MANAGER'S PERFORMANCE: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-49, AMENDING LAND USE ORDINANCE AT REQUEST OF THOMAS THU HUYNH, FROM R-2 TO GB Ordinance No. 509-49 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 509-49 be passed and approved on its second and final reading. Said Ordinance No. 509-49 reads in caption as follows: ORDINANCE NO. 509-49 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN JACKSON ADDITION FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS (GB), AT THE REQUEST OF THOMAS THU HUYNH, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE 62 AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AUTHORIZATION FOR MAYOR TO SIGN TITLE SHEET FOR DIXIE FARM ROAD AT MARY'S CREEK AND COWART CREEK BRIDGE REPLACEMENT PROJECT Division Director Richard Burdine explained a letter was received from the State estimating the cost for waterline replacement and upgrade at these bridge sites. This will allow this work to be done properly and timely with payment to come from utility fund balances which are quite adequate, Mr. Burdine stated. Total cost is estimated to be $85,275.41. It was noted this cost is in addition to the City's 20% participation for the cost of the bridges. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the Mayor be authorized to sign the title sheet for the Dixie Farm Road at Mary's Creek and Cowart Creek Bridge Replacement Project CSJ 0912-31-049, etc., including water mains attachment, with the City of Pearland to bear the additional expense. Motion passed 5 to 0. RATIFICATION OF PURCHASE OF PATROL CARS, PREVIOUSLY AWARDED TO A. C. COLLINS AND LATER RESCINDED BY COUNCIL DUE TO DEALER'S INABILITY TO MEETING DELIVERY DATE, THROUGH INTERLOCAL AGREEMENT WITH H -GAC City Manager Grohman recalled action was taken at last Council meeting to rescind the award of four patrol cars to A. C. Collins Ford. City Attorney Gregg has advised, Mr. Grohman stated, to ratify this change as some action is needed to put this item into operation even though the vehicles are a budgeted item. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Council ratify purchase of patrol cars through an interlocal agreement with H -GAC. Motion passed 5 to 0. RESOLUTION NO. R94-26, RECOGNIZING SERVICE AND CONTRIBUTION OF COUNCILMEMBER BENNY FRANK Resolution No. R94-26 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R94-26 be passed and approved on its first and only reading. Said Resolution No. R94-26 reads as follows: RESOLUTION NO. R94-26 WHEREAS, the hereinafter named has unselfishly contributed time, talents and energies to serve the people of the City of Pearland; and WHEREAS, such contribution has become a part of the foundation upon which this City stands; 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 service and contribution of Benny Frank Councilmember 1991 - 1994 M NOW THEREFORE, be it resolved and signatures hereunto affixed attest and bear witness that the hereunder signed and the people of this City, do gratefully acknowledge that service and contribution. Passed on this 23rd day of May, A. D., 1994. /s/ C. V. Coppinger, Mayor /s/ D. A. Miller, Councilmember /s/ Richard Tetens, Councilmember /s/ Randy Weber, Councilmember /s/ Jerry Richardson, Councilmember /s/ David Smith, Councilmember Attest: /s/ Pat Jones, City Secretary Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-27, RECOGNIZING SERVICE AND CONTRIBUTION OF COUNCILMEMBER JOY COLSON Resolution No. R94-27 was read in its entirety by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Resolution No. R94-27 be passed and approved on its first and only reading. Said Resolution No. R94-27 reads as follows: RESOLUTION NO. R94-27 WHEREAS, the hereinafter named has unselfishly contributed time, talents and energies to serve the people of the City of Pearland; and WHEREAS, such contribution has become a part of the foundation upon which this City stands; 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 service and contribution of Joy Colson Councilmember 1991 - 1994 Mayor Pro Tem 1993 - 1994 NOW THEREFORE, be it resolved and signatures hereunto affixed attest and bear witness that the hereunder signed and the people of this City, do gratefully acknowledge that service and contribution. Passed on this 23rd day of May, A. D., 1994. /s/ C. V. Coppinger, Mayor /s/ D. A. Miller, Councilmember /s/ Richard Tetens, Councilmember /s/ Randy Weber, Councilmember /s/ Jerry Richardson, Councilmember /s/ David Smith, Councilmember Attest: /s/ Pat Jones, City Secretary Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens and Miller. Voting "No" - None. MA Motion passed 5 to 0. Mayor Coppinger remarked that while there had been differences of opinion on Council he felt these individuals had tried to serve the City diligently and asked those present to give them a round of applause. City Secretary Jones was asked to see that Councilmembers Frank and Colson received their resolutions, portraits and plaques. ORDINANCE NO. 509-50, AMENDING LAND USE ORDINANCE, AT REQUEST OF ROBERT L. THOMPSON, GRANTING A SPECIFIC USE PERMIT TO ALLOW ANIMAL HUSBANDRY IN AN R-1 DISTRICT Ordinance No. 509-50 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-50 be passed and approved on its first of two readings. Said Ordinance No. 509-50 reads in caption as follows: ORDINANCE NO. 509-50 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW ANIMAL HUSBANDRY IN A SINGLE FAMILY DWELLING DISTRICT (R-1) ON 19.5704 ACRES OUT OF LOTS 81 & 82 OF THE GEORGE W. JENKINS SUBDIVISION, W.D.C. HALL SURVEY, ABSTRACT 70, PEARLAND, BRAZORIA COUNTY, TEXAS (3500-3600 DIXIE FARM ROAD), AT THE REQUEST OF ROBERT L. THOMPSON, OWNER; PROVIDING FOR 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 Miller, Tetens, Smith, Weber and Richardson. Voting "No" - None. `J Motion passed 5 to 0. ORDINANCE NO. 509-51, AMENDING LAND USE ORDINANCE, AT REQUEST OF BILL NOLES, OWNER, FROM R-2 TO C Ordinance No. 509-51 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-51 be passed and approved on its first of two readings. Said Ordinance No. 509-51 reads in caption as follows: ORDINANCE NO. 509-51 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING . ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON 20 ACRES, BEING LOTS 24 & 25 OF THE SUBDIVISION OF SECTION 6, H.T. & B.R.R. SURVEY, ABSTRACT 544, PEARLAND, BRAZORIA COUNTY, TEXAS (1780 HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO COMMERCIAL (C) AT THE REQUEST OF BILL NOLES, OWNER; PROVIDING FOR AN AMENDMENT OF 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 Richardson, Weber, Smith, Tetens and Miller. Voting "No" - None. 65 Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO CARRY FORWARD SIX DAYS OF VACATION City Manager Grohman explained there had been several special meetings over the last few months which had prohibited him from taking his allotted vacation time and, at the present, there were several major projects in the works which require his attention. Mr. Grohman asked that he be allowed to take this time off at a later date. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that the City Manager be authorized to carry forward six days of vacation. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO REQUEST FIELD CHANGE TO FM 518 WIDENING PROJECT TO PROVIDE BIKE LANES Division Director Burdine recalled that Council authorized funds in the amount of $87,000 for sidewalks between State Highway 35 and Westminister in March of this year. Staff recommends authorizing the City Manager to request a field change to provide one-way bike lanes on each side of FM 518 which would separate vehicular traffic from pedestrian traffic, Mr. Burdine stated. There will be no additional cost for this change. Using the overhead projector, Mr. Burdine discussed the particulars of the proposed traffic, bike and sidewalk lanes and also asked that Staff be allowed to request a cost estimate to restripe FM 518 in this manner from Westminister eastward to the city limit. Mr. Burdine indicated some grant funds may be available for this part of the project. Discussion concerned safety, width of respective lanes, and the prospect of decreased vehicular speed due to narrower lanes. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager be authorized to request a field change to the FM 518 widening project to provide one-way bike lanes from SH 35 to Westminister and to request a cost estimate to extend one-way bike lanes from Westminister to the eastern city limit. Motion passed 5 to 0. EXCUSED ABSENCE FOR MAYOR COPPINGER FROM MEETING OF MAY 9, 1994 It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Mayor Coppinger be excused from the regular meeting of May 9, 1994. Motion passed 5 to 0. AUTHORIZATION FOR COUNCILMEMBERS SMITH AND RICHARDSON TO WORK WITH CITY MANAGER TO RESOLVE LITIGATION ISSUES CONCERNING CITY MANAGER It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Councilmembers Smith and Richardson be authorized to work with City Manager Grohman to resolve litigation issues concerning the City Manager. Motion passed 5 to 0. AUTHORIZATION FOR COUNCILMEMBERS SMITH AND TETENS TO DEVELOP CRITERIA FOR EVALUATION AND SET OF PERFORMANCE STANDARDS FOR CITY MANAGER'S POSITION It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Councilmembers Smith and Tetens be authorized to develop criteria for an evaluation and set of performance standards for the City Manager's position. Motion passed 5 to 0. 66 RESOLUTION NO. R94-29, REQUESTING BRAZORIA COUNTY COMMISSIONERS COURT TO ESTABLISH ROAD DISTRICT, ENABLING CITIES OF NORTH BRAZORIA COUNTY TO ADDRESS REGIONAL TRANSPORTATION NEEDS Resolution No. R94-29 was read in caption by Mayor Coppinger. Said Resolution No. R94-29 reads in caption as follows: RESOLUTION NO. R94-29 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT THE BRAZORIA COUNTY COMMISSIONERS COURT ESTABLISH A ROAD DISTRICT TO ENABLE THE SEVERAL CITIES OF NORTH BRAZORIA COUNTY TO ADDRESS THEIR REGIONAL TRANSPORTATION NEEDS. During discussion, Mayor Coppinger informed the Chamber of Commerce -- Infrastructure Committee had input on this issue as well as the County Commissioners Court and other area representatives. Passage of this document will ask the Court to consolidate two existing but nonactive road districts into one. The boundaries of the district were delineated. Before any funds are spent, the public will vote on a bond issue which will spell out the specific regional roads to be improved. It was hoped that the tax per household would be under $20.00 a year when the road district is activated. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Resolution No. R94-29 be passed and approved on its first and only reading. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH BRAZORIA COUNTY MOSQUITO CONTROL DISTRICT TO USE AERIAL SPRAYING OVER THE CITY City Manager Grohman informed that the County is apparently J updating its records. The last agreement we have with them on this subject is some nine years old. This aerial spraying is not in lieu of the more routine mosquito control done by truck but is done from time to time as needed. Mosquito control is paid for by county tax dollars, Mr. Grohman stated. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the City Manager be authorized to execute an agreement with Brazoria County Mosquito Control District to use aerial spraying over the city. Motion passed 5 to 0. RESOLUTION NO. R94-30, AUTHORIZING STOP SIGNS IN BRIARWOOD SUBDIVISION Resolution No. R94-30 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Resolution No. R94-30 be passed and approved on its first and only reading. Said Resolution No. R94-30 reads in caption as follows: RESOLUTION NO. R94-30 A RESOLUTION AUTHORIZING, DIRECTING AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE STOPS ON NORTH RACHEL COURT, RACHEL COURT AND DANIELLE LANE AT THEIR INTERSECTIONS WITH LEROY STREET (BRIARWOOD SUBDIVISION). Council questioned the method for determining the need for these signs and Chief Hogg explained the City is in the process of M reviewing existing subdivisions in need of signage and, in the future, traffic regulations such as these will be done as the subdivisions are established. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR STAFF TO SEEK FY94 URBAN & COMMUNITY FORESTRY DEVELOPMENT CHALLENGE GRANT PROGRAM Citizen Inout: 1. Delores Fenwick, Clean Pearland. Ms. Fenwick stated the Clean Pearland organization was in support of this effort and read a resolution affirming the desire for greenbelt areas in the City. Division Director Burdine explained this is an opportunity for the City to receive a matching grant with Clean Pearland willing to donate half of the City's share. This would be a good project in honor of our Centennial year, Mr. Burdine continued, allowing an inventory of the City's trees to be done, and, perhaps, designating a tree as the Centennial Tree. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Staff be authorized to seek a grant from the Urban & Community Forestry Development Challenge Grant Program. Grant Writer Nydia Rafols-Blair was commended for her work on this project. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO LEASE VEHICLE City Manager Grohman stated funds had been budgeted to purchase a vehicle for his department. Leasing is preferable, Mr. Grohman explained, and using this option would free $15,000 to be transferred to the Police Department budget for needed lockers. The merits of purchase versus lease were discussed. It was noted the vehicle Mr. Grohman currently uses would be transferred to the Health Department. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the City Manager be authorized to lease a vehicle. Motion passed 5 to 0. RESOLUTION NO. R94-31, RETRACTING RESOLUTION NO. R94-16 STATING THAT THE ACTIONS OF THE CITY MANAGER IN COMPLAINING ABOUT FUNDING FOR A GRANT TO THE BRAZORIA COUNTY DISTRICT ATTORNEY'S OFFICE WERE IMPROPER OR MISLEADING Resolution No. R94-31 was read in its entirety by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Resolution No. R94-31 be passed and approved on its first and only reading. Said Resolution No. R94-31 reads as follows: RESOLUTION NO. R94-31 A RESOLUTION RETRACTING RESOLUTION NO. R94-16 STATING THAT THE ACTIONS OF THE CITY MANAGER IN COMPLAINING ON CITY STATIONERY ABOUT THE FUNDING FOR A GRANT TO THE BRAZORIA COUNTY DISTRICT ATTORNEY'S OFFICE WERE IMPROPER OR MISLEADING. BE IT RESOLVED: The City Manager maintains he felt he was acting properly when he wrote a letter to H -GAC questioning a grant to the District Attorney's Office. He also felt he had a responsibility and an obligation to report possible improprieties. He determined such a letter was an administrative function, well within the scope of his duties; and We accept that explanation. We determine an earlier Council should have accepted that explanation. We also determine the word "rogue" in Resolution No. R94-16 was harsh and inappropriate and was recommended for deletion by legal counsel at the time the resolution was considered. Resolution No. R94-16 is hereby retracted and repealed. Passed and Approved this the 23rd day of May, 1994. /s/ C. V. Coppinger, Mayor Attest: /s/ Pat Jones, City Secretary Approved as to Form: /s/ Dick Gregg, Jr., City Attorney Councilmember Weber made a statement about events of the past, stating there had been misinterpretations about intentions. Mr. Weber apologized to Mr. and Mrs. Grohman and stated he was pleased this resolution was going to be passed. Voting "Aye" - Councilmembers Richardson, Weber, Smith and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1, with Councilmember Miller voting no. RESOLUTION NO. R94-32, AMENDING RESOLUTION NO. R94-15, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL J Resolution No. R94-32 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Resolution No. R94-32 be passed and approved on its first and only reading. Councilmember Richardson questioned the first paragraph of Section IV., stating that the phrases "no later than noon on the Monday before the meeting" and "is later than noon on that Monday before the regular meeting" were unclear. City Attorney Gregg suggested having the phrases read "no later than noon on the Monday the week before the meeting" and "is later than noon on that Monday the week before the regular meeting" for purposes of clarification. The maker and seconder of the motion amended it accordingly. Said Resolution No. R94-32 reads, as amended, as follows: RESOLUTION NO. R94-32 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R94-15, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CERTAIN RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT, INCLUDING THE DELETION OF THE AGENDA CATEGORY NO. 8 "EVALUATION AND DISCUSSION OF CITY MANAGER'S PERFORMANCE" AND CLARIFYING THE PROCEDURES BY WHICH MATTERS ARE PLACED ON COUNCIL AGENDAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: THAT the following Rules of Procedure and Order of Business are hereby officially adopted by the City Council pursuant to authority of Section 3.09 of the Charter of the City of Pearland, Texas: I. Regular meetings of the City Council shall be held on the second and fourth Mondays of each month at 7:30 P. M., and may be recessed from time to time at the discretion of the Council. In the event a regular meeting falls on a holiday, the meeting for that date shall be held at 7:30 P. M. the following day or at a time to be agreed upon by the Mayor and Council. II. At the hour of the meeting, the Mayor shall assume the chair of presiding officer and call the Council to order. The Order of Business, after determination of a quorum, shall be as follows: 1. Call to Order 2. Invocation and Pledge of 3. Approval of Minutes 4. Mayor's Activity Report 5. Council Activity Reports 6. City Manager's Report 7. Citizens 8. Docketed Public Hearings 9. Unfinished Business 10. New Business 11. Other Business 12. Adjournment Allegiance No person other than the Mayor or a Member of the City Council or other municipal officer or employee shall address the City Council as a body except upon consent of a majority of the members present. All citizens wishing to address the Council may do so by registering in person or by telephone with the City Secretary not later than close of business on the Friday preceding a Council meeting or by registering on a sign-up sheet maintained by the City Secretary not less than fifteen minutes in advance of the scheduled Council meeting. Citizens registering by the preceding Friday will be given priority over those registering on the day of the meeting. All requests for audience must be clearly defined to subject matter. Citizens shall be heard for a period not to exceed five minutes unless extended by a majority of Council. Citizens wishing to speak to a specific agenda item may elect to be recognized immediately in advance of consideration of that item. IV. Section 3.08 of the City Charter directs the City Secretary to call special meetings of the City Council upon the written request of the Mayor or any two Councilmembers. They are to specify the subjects to be considered and file such a request with the City Secretary. The Charter does not specify the minimum time for such a request. Nor does the Charter specify how a Mayor or Councilmember places an item on the regular meeting agenda. Section 4.08 of the Charter obligates the City Secretary to give notice of the Council meetings. It is the practice of the City to include on any regular agenda all items deemed appropriate by the City Manager or Staff, the Mayor or any one Councilmember. That shall continue to be the procedure. For the Mayor or any Councilmember to have an item placed on the agenda for a regular Council meeting without the approval of the City Manager, the request shall be in writing and shall be filed with the City Secretary no later than noon on the Monday the week before the meeting at which it is requested for consideration. If the filing is later than noon on that Monday the week before the regular 70 meeting, the item shall be placed on the agenda of the next regular meeting unless the City Manager decides to honor the late filing. The Charter does not specify how two Councilmembers request a special meeting in writing. The request shall be submitted to the City Secretary in written form by at least one Councilmember with the assurance to the City Secretary that another named Councilmember joins the filing Councilmember in the verbatim language of the request for special meeting agenda items. For purposes of this procedural resolution, a rescheduled (by Council vote) regular meeting, due to a holiday or other scheduling conflict, shall constitute a special meeting. Nothing herein shall apply to budgetary or ad valorem tax or municipal bond ordinances or resolutions or to matters that qualify under the law as emergencies. j V. Any motion submitted to the City Council shall be reduced to writing during open meeting before being voted upon, at the request of any two (2) members of the City Council. VI. The Rules of Order, other than those prescribed by the City Charter, or the laws of the State of Texas, may be suspended at any time by consent of a majority of the members present at any regular or special meeting. VII. Except when in conflict with the foregoing provisions, Robert's Rules of Order shall govern the deliberation of the City Council. VIII. This Resolution shall take effect from and after its passage and approval by the City Council. PASSED, APPROVED and ADOPTED this 23rd day of May, A. D., 1994. /s/ C. V. Coppinger, Mayor ATTEST: /s/ Pat Jones, City Secretary APPROVED AS TO FORM: /s/ Dick Gregg, Jr., City Attorney Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR A CHANGE ORDER TO CONTRACT WITH PATE AND PATE, INC. FOR INSTALLATION OF A PEDESTRIAN BRIDGE FROM REGENCY PARK SUBDIVISION TO PEARLAND JUNIOR HIGH SCHOOL CAMPUS Division Director Burdine reported a quote was received today from ._ Pate and Pate, Inc. in the amount of $23,927.35 which is almost 50% higher than their original bid of $16,000. Some increase in cost was expected, Mr. Burdine informed, but not to this extent. While the residents of Regency Park Subdivision have petitioned that this pedestrian bridge be rebuilt, Staff cannot recommend such an increase in cost, Mr. Burdine stated. It is recommended, Mr. Burdine continued, that the City Manager be authorized to negotiate a price not to exceed 125% of the bid amount with the maximum cost being $20,000. 71 Alternatives for the construction and installation of the bridge, as well as a bike path were discussed. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Staff be authorized to negotiate a price not to exceed 125% or $20,000 or to look at alternative bridge replacement ideas. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:30 P. M. Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: SECTION 551.072 - Real Property - Discussion regarding the following sites: 1. Acquisition of Hughes Road right-of-way. 2. Acquisition of Barry Rose Road drainage easements. 3. Expansion of EMS facility and new Animal Shelter. 4. Sewer plant expansion for Longwood plant. 5. Expansion of Southwest Regional Facility in Southwyck. 6. Acquisition of land for parks and drainage facility along Clear Creek related to Harris County Toll Road Authority. SECTION 551.074 - Personnel - Discussion regarding the following appointments: 1. Appointment of members to the Planning and Zoning Commission. 2. Appointment of members to the Zoning Board of Adjustment. MEETING RETURNED TO OPEN SESSION AT 11:06 P. M. NEW BUSINESS: CONTINUED INSTRUCTION TO STAFF REGARDING HUGHES ROAD RIGHT-OF-WAY It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the City Manager be authorized to contract for necessary appraisals and Councilmember Smith be given authority to assist Staff in negotiations on this property. Motion passed 5 to 0. INSTRUCTION TO STAFF REGARDING BARRY ROSE DRAINAGE EASEMENTS It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager be given the authority to contract for the necessary appraisals and make offers to the two property owners involved, offering them an amount not to exceed 125% of the appraisal, this being to secure an 8' additional right-of-way along Barry Rose ditch. Motion passed 5 to 0. INSTRUCTION TO STAFF REGARDING EXPANSION OF EMS FACILITY AND NEW ANIMAL SHELTER It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Staff be instructed to proceed with the expansion of the EMS facility with it being expanded to the west of the property and, with regard to the Animal Shelter, further instruct Staff to proceed with an appraisal of the property in question. Motion passed 4 to 0, with Councilmember Smith abstaining. INSTRUCTION TO STAFF REGARDING SEWER PLANT EXPANSION FOR LONGWOOD PLANT It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the City Manager be given authority to contract the 72 necessary survey work and archeological and environmental investigations on this property. Motion passed 5 to 0. INSTRUCTION TO STAFF REGARDING EXPANSION OF SOUTHWEST REGIONAL FACILITY IN SOUTHWYCK It was moved by Councilmember Miller, seconded by Councilmember Weber, that the City Manager be given the authority to contract for the necessary appraisals for this project. Motion passed 5 to 0. INSTRUCTION TO STAFF REGARDING PURCHASE OF LAND FOR PARKS & DRAINAGE FACILITY ALONG CLEAR CREEK RELATED TO HARRIS COUNTY TOLL ROAD AUTHORITY It was moved by Councilmember Weber, seconded by Councilmember Richardson, that the City Manager be authorized to execute an earnest money contract with the prospective sellers in an amount not to exceed $20,000 in the aggregate and to contract the necessary survey work, archeological and environmental investigations, and appraisals, and further, that Councilmember Smith be authorized to assist the Staff in those negotiations. Councilmember Miller suggested the motion be amended to reference a timeframe of 120 days. Councilmember Weber amended the motion to reflect that the $20,000 earnest money would be for a 120 day contract with contingencies built on the fact that all of the properties in question would meet the requirements. The seconder of the motion agreed to this amendment. Motion passed 5 to 0. ACCEPTANCE OF RESIGNATIONS OF RICHARD TETENS FROM PLANNING AND ZONING COMMISSION AND GLENN GARRISON FROM ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Richardson, seconded by Councilmember Weber, that the resignations of Richard Tetens and Glenn Garrison be accepted. Motion passed 5 to 0. APPOINTMENT OF THREE MEMBERS TO THE PLANNING AND ZONING COMMISSION It was recommended by Councilmember Tetens that Kevin Cole, Marshall Eggers and Charles Philipp be appointed to the Planning and Zoning Commission with Charles Philipp filling the unexpired term of Richard Tetens. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the appointments be made as recommended by Councilmember Tetens. Motion passed 5 to 0. APPOINTMENT OF THREE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT AND APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Patsy Eilers be appointed to the unexpired term of Glenn Garrison and that Tony Vento and Bob Lewis also be appointed to the Zoning Board of Adjustment. ADJOURNMENT The meeting adjourned at 11:13 P. M. Minutes approved as submitted and/or corrected this I_ day of A. D., ATTEST: Pat Jones, ity Secretary, TRMC �;. 1994. C. V. Cop 'n er, M or 73