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1993-04-26 CITY COUNCIL REGULAR MEETING MINUTES22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 26, 1993, 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 Randy Weber Councilmember D. A. Miller Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, Parks Director Ed Hersh, Police Chief Mike Hogg, and Fire Chief Larry Steed. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the Joint Public Hearings of April 5, 1993, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilrember Colson, that the minutes of the special meeting of April 8, 1993, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the regular meeting of April 12, 1393, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger asked City Secretary Pat Jones who is a Rotarian to assist him by reading a proclamation proclaiming the annual Rotary Golf Tournament. Jack McGuff, President, and Barbara Lenamon, Treasurer, of the Pearland Rotary Club accepted the proclamation. Mayor Coppinger reported he attended a meeting with the Parks Board and its consultant and hearings involving a medical waste treatment facility which is in the City's extraterritorial jurisdiction. Mayor Coppinger reported he and Councilmember Frank rode on a locomotive at the invitation of Santa Fe Railroad and they saw the hazards at railroad crossings as seen by the train crews. Continuing his report, Mayor Coppinger reported he and Councilmember Frank attended a meeting involving Clover Field Airport. Details of this meeting were given. 23 Closing his report, Mayor Coppinger asked City Manager Grohman to comment on the percentages recently released showing budget expenditures by department. Mayor Coppinger noted that some appeared to be well over the projected amount for this time frame. Mr. Grohman responded that some costs are "front loaded" such as insurance which necessitates a larger expenditure at the beginning of the budget year but that in the long run all will even out and that the budget is in good shape. COUNCIL ACTIVITY REPORTS Councilmember Smith reported on the Clear Creek Watershed Committee held at City Hall last week and stated City Engineer John Hargrove gave an excellent presentation on the work of this committee. Mr. Smith reported the Drainage District is ready to assist the City in its part of the FM 518 widening project, the EMS had it heaviest volume this weekend, and the plans for "Hurricane Polly" are proceeding. Closing his report, Mr. Smith reported the City may soon have available to it an AM radio station to report inclement weather. Councilmembers Colson and Weber had nothing to report at this time. Councilmember Frank reported his attendance at the Parks' presentation, the Clover Field Airport meeting, the Clear Creek Watershed Committee meeting, and, closing his report, stated the view from the locomotive was an eye opener as to the dangers at crossings. Councilmember Miller reported he attended the Park presentation by the consultant hired by the City to develop an overall master park plan for the City. Mr. Miller reported he presided at the Brazoria County Cities Association held in Sweeny on April 21 and stated the evening's program was on the 800 trunking system soon to be implemented throughout the county. Mr. Miller stated this system may pose a financial problem for cities and asked that the Fire, EMS, and Police Department personnel check into this. CITY MANAGER'S REPORT Responding to the trunking system question, City Manager Grohman reported that even though there are interlocal agreements, counties sometimes tend to go their on way and suggested there needs to be more cooperation between cities and the county. The City has put its plans on hold for a while to see if FCC rulings change. As for now, it is cost prohibitive. With the changes in technology, this system may be more affordable in the future, Mr. Grohman said. Councilmember Smith noted that some smaller cities in our county are dispatched by the county and they will have to get on-line which may prove a real hardship for them. Continuing his report, City Manager Grohman informed the paving program with the County will begin again next week. There has been some down time as the County's paving equipment has had to be repaired. We have resurfaced approximately 12 miles so far this year and the next scheduled project is the resurfacing of Dixie Farm Road. This project will be paved a little wider than the 22' but will be striped at 22' so that a little shoulder will be afforded the driver in the event it is needed in an emergency. Mr. Grohman discussed future needs for thoroughfares. CITIZENS: 1. Carlton McComb, 3914 Shadycrest. Mr. McComb discussed proposed Charter changes, particularly those he stated were suggested by the City Manager. Mr. McComb stated he felt these changes would give the City Manager authority that should remain in the control of the City Council. Mr. McComb asked that these issues, as well as questions raised in the past, be looked into. 24 Addressing another topic, Mr. McComb spoke about impact fees, stating over $100,000 had been spent previously. Mr. McComb stated he felt this was a waste of money as the fees were not equitable. City Manager Grohman responded to Mr. McComb's comments, stating his suggestions for Charter amendments were based on a model city charter from the National League of Cities. Mr. Grohman stated he would welcome an investigation to lay matters to rest once and for all. Mr. Grohman addressed the impact issue, agreeing with Mr. McComb that over $100,000 was spent. He informed that Senate Bill 336 requires a municipality to update its plan every three years and a study must be done. City Manager Grohman stated his reasoning why user -based fees are necessary to help pay for the City's growth. 2. Peggy Mayfield, 2119 N. Austin. Mrs. Mayfield commended Staff for moving the receptionist to the first floor and suggested that the City maintain a community calendar to keep track of the many anticipated centennial events, as well as other activities throughout the City. Speaking on another issue, Mrs. Mayfield spoke about impact fees and stated they were needed but asked that they be administered fairly. Closing her remarks, Mrs. Mayfield urged community involvement in planning aesthetically pleasing improvements and asked that tax abatement be only given to those companies which will provide jobs for the City. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-37, AMENDING LAND USE ORDINANCE, REQUEST OF JAMES R. AND JANICE PASKET, OWNERS, FOR A SPECIFIC USE PERMIT Ordinance No. 509-37 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 509-37 be passed and approved on its second and final reading. Said Ordinance No. 509-37 reads in caption as follows: ORDINANCE NO. 509-37 AN ORDINANCE 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 ERECT A METAL BUILDING FOR USE AS A GENERAL MACHINE SHOP IN A COMMERCIAL ZONE ON LOTS 9 AND 10 OF THE THOMAS A. GILBERT INDUSTRIAL TRACT SUBDIVISION OUT OF TRACT 119 OF THE A.C.H. & B. SURVEY, SECTION 1, ABSTRACT 147, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF JAMES R. AND JANICE PASKET, OWNERS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Colson, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. (Councilmember Weber was absent from the Chambers at this time.) 25 ORDINANCE NO. 509-38, AMENDING LAND USE ORDINANCE, REQUEST OF SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL, OWNERS, FOR A SPECIFIC USE PERMIT Ordinance No. 509-38 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Ordinance No. 509-38 be passed and approved on its second and final reading. Said Ordinance No. 509-38 reads in caption as follows: ORDINANCE NO. 509-38 AN ORDINANCE 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 BUILD A CHURCH IN AN R-1, SINGLE FAMILY DWELLING DISTRICT ON A 9.81470 ACRE TRACT OF LAND BEING LOT 25B, WILLITS SUBDIVISION, AND LOTS 32 AND 33, NARREGANGS SUBDIVISION OUT OF THE W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL, OWNERS, PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ADOPTION OF POLICIES AND FEE SCHEDULES AS PROPOSED BY THE PARKS, RECREATION, AND BEAUTIFICATION ADVISORY BOARD FOR USE OF PARK AND RECREATION FACILITIES Councilmember Miller, Parks liaison, noted the workshop held earlier this evening and stated he hoped that Council concerns with the proposals submitted by the Parks Board had been answered during that work session. It was moved by Councilmember Miller, seconded by Councilmember Frank, that the policies and fee schedules as presented by the Parks, Recreation, and Beautification Advisory Board be approved with those changes as were noted earlier. These changes are: 1. On page 4 of the plan submitted by the Parks Board, BBQ Shelter, the fee is to be raised from $35.00 a day to $50.00 a day rather than $75.00. 2. On page 8 of the plan submitted by the Parks Board, the term "public civic organizations" is to be changed to "local public civic organizations," those being Pearland based. 3. Any reference throughout the document to "Federal Income Tax 501 (c-3)" should read "Federal Income Tax 501 (c)." 4. In the event a reservation is made and cancelled, the party will be refunded its fee if the facility is re -rented for that time slot. The Park Board may, upon written request, consider refunding of deposits on an individual basis. Councilmember Colson stated she appreciated the work done by the Parks Board; however, she has concerns about the charges for rental fees for residents. Motion passed 4 to 1, with Councilmember Colson voting no. 26 Mayor Coppinger commended the Parks Board for the work it has put in on this document. RESOLUTION R93-18, AUTHORIZING STOP SIGNS IN GREEN TEE SUBDIVISION Resolution No. R93-18 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Resolution No. R93-18 be passed and approved on its first and only reading. Said Resolution No. R93-18 reads in caption as follows: RESOLUTION NO. R93-18 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, UPON DONEGAL ST., CAVAN ST., ANTRIM ST. AND LETRIM ST. AT THEIR INTERSECTIONS WITH COUNTRY CLUB DRIVE (GREEN TEE SUBDIVISION). Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-20, AUTHORIZING STOP SIGNS IN SLEEPY HOLLOW AND PARKVIEW SUBDIVISIONS Resolution No. R93-20 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Resolution No. R93-20 be passed and approved on its first and only reading. Said Resolution No. R93-20 reads in caption as follows: RESOLUTION NO. R93-20 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF SLEEPY HOLLOW DRIVE AND CRANE DRIVE (SLEEPY HOLLOW SUBDIVISION) AND A THREE- WAY STOP INTERSECTION AT THE INTERSECTION OF SHADYBEND DRIVE AND MISTY LANE (PARKVIEW SUBDIVISION). Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AN AGREEMENT FOR UPDATE OF LAND USE ASSUMPTIONS, UTILITY, CAPITAL IMPROVEMENTS, AND IMPACT FEES City Manager Grohman stated Council had set a goal at its July workshop to review impact fees. To put a program in place, an update study will be required. Senate Bill 336 requires an update every three years, Mr. Grohman informed. Bernard Johnson, Inc., the firm which did the original study, has submitted a proposal of $48,900 to update this study. It seems logical, Mr. Grohman continued, that this firm would have the database to most economically furnish the study for the City. The funding for this will come from previously collected impact fees. The study will determine the maximum allowable fee to be charged; however, cities can charge any fee deemed reasonable as long as it 227 does not exceed the maximum, Mr. Grohman said. Council questioned whether other firms could be consulted and after discussion, it was moved by Councilmember Smith, seconded by Councilmember Frank, that the City Manager and Staff be instructed to pursue securing more proposals on bringing our capital improvements program up to State specifications. Council suggested a workshop with the School District to develop a timetable and an overall plan with the idea that costs be shared with all benefiting from this study. Discussion was held regarding waiving future impact fees for the School District and it was noted an overall master plan update is needed. Projected water and sewer needs were discussed. Upon call for the question, motion passed 5 to 0. ANY ACTION REGARDING RENEWAL OF AGREEMENT WITH UNITED WAY FOR LEASE OF FORMER CITY HALL SITE APPOINTMENT OF ONE MEMBER TO THE ANIMAL CONTROL BOARD APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENT APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION Mayor Coppinger announced these items would be considered after Executive Session. RESOLUTION NO. R93-19, AUTHORIZING CITY MANAGER AND CHIEF OF POLICE TO APPLY FOR GRANT FUNDS FOR STEP PROGRAM Resolution No. R93-19 was read in caption by Councilmember Colson. Said Resolution No. R93-19 reads in caption as follows: RESOLUTION NO. R93-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS TO CONDUCT A SUMMER OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (OR STEP). Council asked for an explanation of this program. City Manager Grohman informed this is a one-time grant in the amount of $12,000. Overtime patrol will be paid out of this fund and will be targeted at enforcing the use of seat belts and child restraints. Mr. Grohman said the City's only cost to participate in this program is just over seven cents per $1.00 for social security benefits. Continuing his comments, City Manager Grohman stated he felt, based on his experience in other cities, this was a worthwhile program and the police officers like to participate in it as it gives them a chance to earn some overtime. -- It was explained an officer would be on the street four hours per day, six days per week, rotating between morning and afternoon at specific intersections and child care facilities. A separate payroll will have to be kept with the officers paid at time and one half for their time worked. The program will run from May through September and, once the funds are expended, the program will be over. Chief Hogg, who had been participating in the discussion, informed that, in an effort to get everything ready by May 1, all his officers had volunteered and had taken part in a training course. 28 There ensued a lengthy discussion regarding whether the program had already begun, whether the grant was written, the short time frame Staff has had to work in, and the data needed by the State such as percentage of seat belt usage and traffic statistics at intersections to be targeted. Council discussed types of tickets to be issued, whether other citations could be written at the same time, manpower on the streets, quotas, and whether these monies could be targeted for other problems such as driving while intoxicated. City Manager Grohman informed previous grants had been for DWI and other concerns such as signalized intersections; however, the State has determined the grant, at this time, will be for enforcing the usage of seat belts and child car restraints. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Resolution No. R93-19 be passed and approved on its first and only reading. Views were expressed and other discussion held centering around the hourly wage rate of the patrolmen, Council's obtaining a copy of the grant, writing our own citizens tickets for not wearing seat belts, quotas, and the impact these additional tickets might have on an already overloaded municipal court system. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Smith and Frank. Voting "No" - Councilmembers Colson, Weber, and Miller. Motion failed 3 to 2. ORDINANCE NO. 654, WAIVING AN ENCROACHMENT OF A BRICK WALL OWNED BY PEARLAND REMINGTON, LTD. Ordinance No. 654 was read in caption by Councilmember Frank. Said Ordinance No. 654 reads in caption as follows: ORDINANCE NO. 654 AN ORDINANCE WAIVING THE ENCROACHMENT OF A BRICK WALL OWNED BY PEARLAND REMINGTON LTD. INTO THE DEDICATED RIGHT-OF-WAY OF BARRY ROSE ROAD. City Manager Grohman explained Pearland Remington had dedicated this right-of-way to the City sometime back but had built a brick wall across part of it. Mr. Grohman stated the structure was not detrimental and asked Council's approval of this encroachment. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 654 be passed and approved on its first of two readings. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-12, AMENDING ORDINANCE NO. 450 FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY DISCUSSION OF PERSONNEL POLICIES REGARDING DISABILITY BENEFITS Mayor Coppinger announced these two items, along with those previously mentioned, would be considered after Executive Session. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 8:57 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 (f) REAL PROPERTY - Discussion respecting the lease of certain real property belonging to the City of Pearland, generally designated as the old City Hall site which, if made public, would have a detrimental effect on the negotiation position of the governing body. UNDER SUBSECTION (f) REAL PROPERTY - Discussion respecting acquisition of easements for FM 518 drainage outfall which, if made public, would have a detrimental effect on the negotiation position of the governing body. UNDER SUBSECTION (g) PERSONNEL - 1) Discussion of appointment to Animal Control Board; 2) Discussion of appointments to Zoning Board of Adjustment; 3) Discussion of appointments to Planning and Zoning Commission; and 4) Discussion of personnel issues in Police Department. UNDER SUBSECTION (g) PERSONNEL - Semi-annual evaluation of City Manager. MEETING RETURNED TO OPEN SESSION AT 11:18 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session and Council considered the following items which had been deferred until after this period. ANY ACTION REGARDING RENEWAL OF AGREEMENT WITH UNITED WAY FOR LEASE OF FORMER CITY HALL SITE It was moved by Councilmember Miller, seconded by Councilmember Frank, that Councilmember Smith be appointed to contact the County to negotiate possible purchase of former City Hall site. Motion passed 4 to 0. (Councilmember Smith left Chambers during Executive Session.) APPOINTMENT OF ONE MEMBER TO THE ANIMAL CONTROL BOARD It was moved by Councilmember Colson, seconded by Councilmember Miller, that Ronald Blythe be appointed to the Animal Control Board. Motion passed 4 to 0. APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Colson, seconded by Councilmember Frank, that Glen Garrison and John Lejsal be appointed to the main board; that Jim Sudela be reappointed to the main board; and that Terrie Morgan be appointed to the alternate board. I-,- Motion passed 4 to 0. APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION It was moved by Councilmember Colson, seconded by Councilmember Frank, that Patsy Eilers and Rob Larsen be appointed to the Planning and Zoning Commission. Motion passed 4 to 0. 30 ORDINANCE NO. 450-12, AMENDING ORDINANCE NO. 450 FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-12 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 450-12 be passed and approved on its first of two readings. Said Ordinance No. 450-12 reads in caption as follows: ORDINANCE NO. 450-12 AN ORDINANCE AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, and Weber. Voting "No" - None. Motion passed 3 to 0, with Councilmember Colson abstaining. DISCUSSION OF PERSONNEL POLICIES REGARDING DISABILITY BENEFITS It was moved by Councilmember Weber, seconded by Councilmember Frank, that action on this item be postponed at this time. Motion passed 4 to 0. ADJOURNMENT The meeting adjourned at 11:24 P. M. Minutes approved as submitted and/or corrected this /0 day of A. D., 1993. ATTEST: i Pat Jones,'ty Secretary C. V. Coppinge ayor