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1993-06-28 CITY COUNCIL REGULAR MEETING MINUTES56 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 28, 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 Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank (entered Chambers at 7:43 P. M.) Randy Weber David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, Fire Marshal Larry Steed, City Engineer John Hargrove, Police Chief Mike Hogg, Human Resources Coordinator Mary Hickling and her assistant, Kristina Welch, Finance Director Janet Eastburn, Chief Building Official Don Guynes, and Municipal Court Clerk. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Miller, that the minutes of the joint public hearings of June 14, 1993, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Colson, seconded by Councilmember Weber, that the minutes of the regular meeting of June 14, 1993, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Weber, proclaimed "Pearland Night with the Astros -11 An Astro representative was present as well as Clean Pearland members who encouraged the community to attend the game as the organization will again receive a percentage of the tickets sold. Mayor Coppinger also proclaimed "Recreation and Parks Month-" Councilmember D. A. Miller, Parks liaison, read the proclamation and Park Board members were on hand to accept it. Parks Director Ed Hersh informed the audience of some of the Parks Department's activities, elaborating on the events planned for the 4th of July. Continuing his report, Mayor Coppinger reported his attendance at a town meeting and informed he and Public Works Director Richard Burdine met with the Transportation Policy Committee. Mayor Coppinger discussed the City's chances for funding for area engineering work and thoroughfare improvements. Mayor Coppinger reported on citizens calls which were successfully 517 handled. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at joint public hearings and a regular Council meeting on June 14, the Parks Board meeting on June 15, Brazoria County Cities Association on June 16, and a special Council meeting on June 21. Mr. Miller referred to the June 14 Council meeting at which a citizen spoke before Council, presenting documentation and expressing concerns about expenses for overtime payments for compensatory time. Councilmember Miller stated that he had asked at that time that Council possibly vote on forming a committee to look into this matter. Mr. Miller stated he has since received additional information and feels this is no longer necessary and asked that this item not be placed on this evening's agenda. Councilmember Miller asked that at some early convenience the City Manager and Council meet to discuss this citizen's complaint in order to put matters to rest. Councilmember Frank stated he echoed Mr. Miller's comments on the comp time issue. Closing his report, Mr. Frank reported he attended a meeting on the 21st and indicated he would have some comments at the next Council meeting about this special meeting. Councilmember Colson as liaison to the Library Board commented on the Summer Reading Program which has enrolled 1400 children already. Ms. Colson read a letter from the Library Board regarding its expansion and requesting funding from the City. Councilmember Colson urged Council to review the plan for the library's expansion and give consideration when planning the coming budget. Councilmember Weber reported his attendance at the many meetings and on a call from a citizen which was expeditiously handled. Councilmember Smith reported his attendance at the workshop regarding oil spills sponsored by the Texas Water Commission. Mr. Smith reported on the progress of the Clear Creek Watershed Committee. Each entity affected by the creek now has someone attending the meetings and, even though all have not bought into the possible solutions, progress is being made, Mr. Smith reported. Councilmember Smith stated he would like the following read into the minutes: "I have another statement that I would like to read into the record, either at this time or at a later time. I had hoped the person that I wanted to direct this to would be here and since he is not here, then I have corrected it. This deals with the comp time that was paid. Some have tried to make an issue out of something that just had to be done. This Council told Mr. Grohman, the City Manager, to resolve the claims against the City. He did just that. He also kept us informed throughout the process. On the comp time issue, I received a memo on July 17 and another one on August 18 before the money was paid giving a breakdown. I don't know who didn't do their job or their homework, but it certainly wasn't Paul. He did what we told him to do and kept us informed the whole way. He is the man who put the finger on the problem in the first place when he arrived in Pearland and came on board. It has been said that this was not budgeted money nor was it approved by the Council nor was the budget amended. I'm telling you that the Council told him to settle the claim. It was taken out of line items in the personnel budget so there was no need for a budget amendment. If anyone had asked Paul, this would have never become an issue, but as we all know, it would have been the fair and honest thing to do. This is a petty thing and we need to move on to fixing our big problems instead of trying to dwell on the problem that was fixed by someone that was not his problem in the first place. The problem was created by someone else and I'm sorry 58 that the person is not here so I could have corre:. the remarks directly to him. I would like to designate a part of our minutes and any information you want substantiating what I have said is attached here and anyone who wants to read it can read it." CITY MANAGER'S REPORT City Manager Grohman reported on progress for the Hughes Road extension, maintenance of ditches in Shadycrest Subdivision, localized flooding due to the heavy rains, drainage work in Sleepy Hollow Subdivision, and advised that a recommendation on the computer situation may be ready by the next meeting. Mr. Grohman commented on the comp time issue referring to a memo he wrote to Council on July 17 stating how he wished to dispose of the situation by paying a flat rate sum to do away with accumulated hours with there no longer being any compensatory time allowed for department heads. A memo on August 28 was cited in which Mr. Grohman stated he received advice from City Attorney Rorick to pay the comp time. Disbursements were made on September 3 and a memo of September 22 listed a breakdown of those receiving payments. Mr. Grohman stated he felt he had done his job satisfactorily, saving the City some $70,000 annually. Mayor Coppinger and Councilmember Weber commended City Manager Grohman for his handling of the matter. CITIZENS 1. Ben Best, 2411 S. Park. Mr. Best stated he was present to represent his client, Barbara Lenamon, and to answer any questions before or during Executive Session. Closing his remarks, Mr. Best stated his residential street, Apple Springs, was under water several hours last week. 2. Daphne Hereford, 2904 Yost. Ms. Hereford stated she wished to point out that Mr. Grohman had said that last year's retreat cost $3,500 when, in fact, Ms. Hereford stated, it was $5,231.30. A discussion ensued regarding actual expenses of the retreat. 3. L. B. Lyon, 5013 Apple Springs. Mr. Lyon stated he was pleased with the way the City is being managed and stressed better communication, citing the recent street flooding in South Corrigan in which children played in the water standing in the streets. With better communication, Mr. Lyon stated, perhaps parents would not have let their children play in this water which was probably contaminated. Ways for better communication were discussed. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS RESOLUTION NO. R93-26, APPROVING MUNICIPAL UTILITY DISTRICT NO. 4'S RESOLUTION TO ISSUE SERIES 1993 UNLIMITED TAX BONDS I Resolution No. R93-26 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith that this item be passed over as no one from MUD 4 was present. Discussion followed regarding acting on this item without a representative present and it was noted that similar action has taken place at least three other times for other districts within recent months. The maker of the motion stated he was willing to go along with the majority of Council but stated that all this indebtedness will, one day, belong to the City. The original motion made by Councilmember Smith was seconded by Councilmember Miller. Motion passed 5 to 0. ORDINANCE NO. 509-39, AMENDING LAND USE ORDINANCE, CHANGING CLASSIFICATION FROM M-1, LIGHT INDUSTRIAL, TO R-2, SINGLE FAMILY DWELLING DISTRICT, REQUEST OF MELVIN J. THERIOT, SR., OWNER Ordinance No. 509-39 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-39 be passed and approved on its first of two readings. Said Ordinance No. 509-39 reads in caption as follows: ORDINANCE NO. 509-39 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 THE H. MASTERSON SUBDIVISION, H.T. & B.R.R. SURVEY, A-237, FROM M-1, LIGHT INDUSTRIAL, TO R-2, SINGLE FAMILY DWELLING DISTRICT, AT THE REQUEST OF MELVIN J. THERIOT, SR., 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, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-40, AMENDING LAND USE ORDINANCE, CHANGING CLASSIFICATION FROM GB, GENERAL BUSINESS, TO OP, OFFICE AND PROFESSIONAL, REQUEST OF ROBERT ORAVETZ, OWNER Ordinance No. 509-40 was read in caption by Councilmember Colson. Said Ordinance No. 509-40 reads in caption as follows: ORDINANCE NO. 509-40 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 THE PEARLAND TOWNSITE FROM GB, GENERAL BUSINESS, TO OP, OFFICE AND PROFESSIONAL, AT THE REQUEST OF ROBERT ORAVETZ, 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. -- Councilmember Colson asked if this item was still pending litigation and the answer was yes. It was moved by Councilmember Smith, seconded by Councilmember Weber, that this item be passed over until pending litigation can be resolved. It was suggested the motion be clarified to state "until the court has given its verdict" and to note that Council will consider it, not automatically pass it, at a later date. The maker and seconder of the motion agreed to these amendments. El Motion passed 5 to 0. ORDINANCE NO. 509-41, AMENDING LAND USE ORDINANCE, CHANGING CLASSIFICATIONS FROM GB, GENERAL BUSINESS, AND C, COMMERCIAL, TO R- 2, SINGLE FAMILY DWELLING DISTRICT, REQUEST OF DONALD R. BARRAS, AGENT FOR ALVIN STATE BANK, OWNER Ordinance No. 509-41 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 509-41 be passed and approved on its first of two readings. Said Ordinance No. 509-41 reads in caption as follows: ORDINANCE NO. 509-41 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 THE H. MASTERSON SUBDIVISION, SECTION 5, H.T. & B.R.R. CO. SURVEY, ABSTRACT 237 FROM GB, GENERAL BUSINESS, AND C, COMMERCIAL, TO R-2, SINGLE FAMILY DWELLING DISTRICT AT THE REQUEST OF DONALD R. BARRAS, AGENT FOR ALVIN STATE BANK. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. DISCUSSION OF EMPLOYEE DISABILITY PLAN, SICK LEAVE EXTENSION POLICY, AND/OR SICK LEAVE POOL City Manager Grohman informed information for all of the above areas was included in the packet material. A committee composed of employees Janet Eastburn, Danny Cameron, Jack Cowan, Carrol Frank, Mary Hickling, Kristina Welch, Larry Steed, and Don Guynes was appointed to study these issues. A lengthy discussion ensued regarding the benefits of each proposal and actual meaning of terms with some of the committee members speaking for the sick leave pool. City Manager Grohman stated a true disability policy would have to be obtained through an insurance company and that the previous "disability plan" carried by the City was not a true plan but rather a sick leave extension i plan. It was moved by Councilmember Smith, seconded by Councilmember j Weber, that the sick leave pool policy as recommended by the employees be adopted. Councilmember Colson asked that the three plans be distinguished from among each other and asked if the long term disability plan, a true disability policy, could not be carried also. i Division Director Glen Erwin stated the plan as found in Ordinance 456-1 (former personnel ordinance) could not be called a disability plan but is rather a sick leave extension plan. Disability policies are generally funded by insurance, he said. TML, our current carrier, has quoted a rate of approximately $13-15,000 per year. i The sick leave pool will not add any additional costs, Mr. Grohman stated, with employees wishing to participate contributing three of their sick days to the pool. I Councilmember Miller cautioned against watering down the plans so that all three could be carried and said the sick leave pool sl appeared to be a good policy. Mr. Miller asked that a way be found to allow employees who do not originally sign up to be allowed to join later if they so desire. Mr. Erwin stated the committee had done a good job and would work toward better guidelines as time progressed. For clarity, Mr. Grohman reiterated, just as there were no long term disability benefits previously, there will be none with the adoption of the sick leave pool. Councilmember Frank stated this was the second time he moved for the question. Councilmember Colson asked if guidelines were still to be established by the committee for the sick leave pool and Glen Erwin answered affirmatively. Councilmember Colson asked City Attorney Rorick that under the old policy, some of the tenured employees had accrued certain benefits. If we do not provide them with the same benefits under the new policy, Ms. Colson asked, do we have any liability? City Attorney Rorick responded he is having that question briefed and will have an answer in approximately two weeks. Councilmember Colson questioned whether action should be postponed until the answer is in hand. There was discussion as to postponement and Councilmember Frank moved the question for the third time. Motion passed 5 to 0. The subject was closed with Staff to obtain an answer to Councilmember Colson's question from Mr. Rorick and to obtain an accurate figure from TML regarding the cost for a true long term disability plan. SELECTION OF AN ENGINEERING FIRM OR AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR IMPACT FEE STUDY TO COMPLY WITH SENATE BILL 336 City Manager Grohman explained the need for an updated study of the impact fees as required by Senate Bill 336. Staff's original intent was to go with Bernard Johnson, Inc., as it had done the first study and had the data base. At the request of Council, proposals and qualifications were obtained from other firms and were included in the agenda packets. Staff now awaits the direction and cost ceiling from Council, Mr. Grohman stated. When asked by Mayor Coppinger, Mr. Grohman stated Staff still recommends BJI. It was asked if the data base generated by BJI does not belong to the City and could it not be used by another firm? Mr. Grohman answered it would seem so but questioned whether another firm would use BJI's numbers. Turn around time was discussed as well as conflict of interest which might occur if local firms are also working with local developers. It was moved by Councilmember Smith that the City Manager be instructed to make the best deal with one of the known engineering companies so that the study can begin as soon as possible. Councilmember Frank suggested that this motion was not feasible as it gave no cost ceiling and stated his intent was that each Councilmember be allowed to give input before a motion was made. Councilmember Weber agreed with Councilmember Smith in that the 62 City Manager be authorized to make the best deal with the stipulation that we would acquire the data base and the chosen firm would possibly give us a percentage cost so that we would know what we are looking at in the next three years. City Manager Grohman stated, regarding acquiring the data base, it is hard to get engineering firms to accept work with another firm's engineer's seal on it. Mr. Grohman asked for a cap on the figure to be spent, suggesting $46,000. Councilmember Colson stated she wished to relinquish her time to Councilmember Frank. Councilmember Frank stated he had dealt with all the firms listed and could highly recommend all of them; however, Mr. Frank stated he would like to see Lentz Engineering, in its association with Lockwood, Andrews and Newnam, get some business as Mr. Lentz is a local person. Councilmember Miller stated he had no objection to letting the City Manager choose with preference given to local people if at all possible. An expenditure cap should be set, Mr. Miller said, to avoid conflict later on. Council discussed a figure and Councilmember Smith amended his motion to name a figure of $45,000 as being the amount to be spent for this study. Councilmember Weber seconded the motion with the stipulation that the City acquire the data base and that the City be given some type of proposal to come back in three years at a given rate. The maker of the motion was agreeable to this. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:59 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: SUBSECTION (g) PERSONNEL - Discussion of appointments to boards and commissions currently having vacancies. SUBSECTION (e) LEGAL - Discussion of possible litigation by former employee Barbara Lenamon. SUBSECTION (f) ACQUISITION OF LAND - Discussion of acquisition of utility and drainage easements for FM 518 widening project and area improvements. MEETING RETURNED TO OPEN SESSION AT 10:18 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. NEW BUSINESS: (Continued) APPOINTMENT OF TWO MEMBERS TO THE ZONING BOARD OF ADJUSTMENT TO FILL THE UNEXPIRED TERMS OF JIM SUDELA AND MAX WHITE It was moved by Councilmember Frank, seconded by Councilmember Miller, that E. A. Wasek and Ben Lenamon be appointed to the Zoning Board of Adjustment. Motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ONE MEMBER TO THE CIVIL SERVICE COMMISSION City Manager Grohman asked that this item be deferred, stating he would make a recommendation at a later date. ACTION REGARDING CLAIM OF BARBARA LENAMON It was moved by Councilmember Colson, seconded by Councilmember Miller, that at least three months' severance pay be offered to Barbara Lenamon. Motion passed 3 to 2, with Councilmembers Weber and Smith voting no. DIRECTION TO STAFF REGARDING ACQUISITION OF UTILITY AND DRAINAGE EASEMENTS FOR FM 518 WIDENING PROJECT AND AREA IMPROVEMENTS It was moved by Councilmember Frank, seconded by Councilmember Smith, that Staff be authorized to hire Jim McKendree to do the appropriate appraisal work on our drainage easements and widening project for FM 518. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 10:21 P.M. Minut,e.q approved as submitted and/or corrected his A. D., 1993. C. V. C�oppfnfjer, K2Cyor % day of ATTEST: Pat Jones,/City Secretary