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1993-07-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON' JULY 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 Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant to City Secretary D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Lester Rorick Sharon Parks Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Also in attendance were the following members of the Planning and Zoning Commission: Richard Tetens, Emil Beltz, Helen Beckman, Jack Womack, Pat Lopez, Rob Larsen, and Patsy Eilers. Absent from the meeting: City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Miller, that the minutes of the regular meeting of July 12, 1993, be approved as submitted. Motion passed 5 to 0. Mayor Coppinger announced he did not wish to and had been advised not to sign the minutes of the special meeting of July 19, 1993. Continuing his remarks, Mayor Coppinger stated there had been some discussion in Executive Session which should not have taken place. Mr. Coppinger referred to the wording of the certified agenda for that meeting which he had signed and stated he would be getting with the City Secretary and the City Attorney to discuss recanting his signature to this document. Discussion ensued regarding approval of the minutes and the signing of the certified agenda and it was suggested this item be postponed until the City Attorney had returned to the Chambers. Mayor Coppinger asked for and received the concurrence of Council to alter the agenda and conduct the Docketed Public Hearing at this time. CHANGE IN THE ORDER OF BUSINESS DOCKETED PUBLIC HEARING Planning and Zoning Commission Chairman Richard Tetens introduced his fellow Commissioners. Number of persons signing the attendance roster: 130 PURPOSE OF THE HEARING: APPLICATION NO. 38 Request of Kerry Gilbert & Associates, Inc., Agent for Alma M. & victor J. Snyder, Owners for an amendment to the Land Use and Urban Development Ordinance from classification Single Family Dwelling District (R-1) to Single Family Dwelling District, Planned Unit Development (R-2, PUD) on the following described property, to -wit: Being 58.473 acres of land situated in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said 58.473 acres being part of Lot 5, and all of Lots 6 and 7 of the George W. Jenkins Subdivision and Lots 11, 12, 13, and northeast 70 feet of Lot 14 of the S. W. Narregang Subdivision (located on property southwest of Oakbrook Section II Subdivision with frontage on Dixie Farm Road). PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: 1. Kerry Gilbert, Kerry Gilbert & Associates, Inc. Mr. Gilbert stated he is the agent representing the potgntial developer of this project. The proposed development will be an extension of the existing Oakbrook Subdivision consisting of single family homes. The requested classification is needed because the lot sizes are approximately 175 square feet short of the required 7,000 square feet for the R-1 designation and the frontage of the lots is approximately 65 feet rather than the required 70 feet for the R-1 designation. Mr. Gilbert referred to a drawing and discussed the layout of the proposed development which will take into account the pipelines in the area, allowing for green belt areas. PERSONS SPEAKING AGAINST THE PROPOSED REQUEST: 1. Ralph Payne, Dixie Farm Road. Mr. Payne asked for a clarification of the 200' boundary markings on the map which included his property. It was explained this footage includes property owners who are required by law to be notified of the proposed request for rezoning. QUESTION AND ANSWER PERIOD: Brief discussion was held regarding landscaping. Mayor Coppinger explained the other procedures which will occur before the rezoning request is completed. The hearing adjourned at 7:50 P. M. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Colson, proclaimed "National Night Out." Crime Prevention officer Matt Zepeda accepted the proclamation and encouraged all to participate in this event in their respective neighborhoods. Continuing his report, Mayor Coppinger informed he attended a meeting on hurricane preparedness in League City on July 20 with Emergency Management Coordinator David Smith. Mayor Coppinger also attended the opening of the YMCA facility on July 24 and reported the $1 million contribution from the metropolitan YMCA will allow the second phase of the building program to begin soon. Mayor Coppinger urged the resolution of the -- access problem to the new Y facility. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he attended the Park Board meeting of July 19. Councilmember Frank reported he will be attending the Joint Committee meeting with the School Board representatives tomorrow night. Councilmember Colson reported she attended the Brazoria County Cities Association meeting in Alvin on July 21. C4. • Councilmember Weber reported he also attended the BCCA function as well as Pearland Night with the Astros. Councilmember Smith reported his attendance at the Clear Creek Watershed Committee meeting which is making progress. Mr. Smith recognized Ms. Pat Henderson for her work with the Emergency Medical Service in helping emergency medical technicians obtain their certification. CITY MANAGERfS REPORT City Manager Grohman reported the preliminary work on the FM 518 project is going as smoothly as possible. Crime statistics show crime is down. At Mayor's Coppinger's question, Mr. Grohman reported the contract for FM 518 will be let by the State in August and awarded in September. This project which will extend from Westminister to the railroad tracks and will take about two years to complete. CITIZENS 1. Bobby Stevener, 1905 Sleepy Hollow. Mr. Stevener spoke in favor of Mr. Grohman, citing the progress the City has made in the past twelve months. 2. John Bowman, 55 Waugh Drive, Houston. Mr. Bowman spoke in favor of Mr. Grohman, discussing his relationship with TriTech Regional Council. 3. Patricia Holland, Pearland. Mrs. Holland spoke in favor of Mr. Grohman, discussing the role of the Chamber of Commerce Leadership Council and suggesting a ninety day suspension of activity on this matter with the use of a mediator. 4. Harold Gentry, 3006 Lotus Lane, Pearland. Mr. Gentry spoke in favor of Mr. Grohman, encouraging all to put aside personal matters and work together. 5. Barbara Bamburg, 2824 Country Club. Mrs. Bamburg spoke in favor of Mr. Grohman, agreeing that there was no need for a letter of reprimand. 6 Frances Denton, 2715 Hazel. Mrs. Denton spoke in favor of Mr. Grohman, urging the City to go forward, not backward. 7. Dick Wagoner, 3424 Trelawney. Mr. Wagoner spoke in favor of Mr. Grohman, encouraging all to work together positively, putting special interests aside. 8. Daphne Hereford, 2904 Yost. Mrs. Hereford spoke about citizen treatment at Council meetings, an anonymous letter circulating around town, and threats she and her family have received recently. 9. Renee West, 2501 Woody. Mrs. West spoke in favor of Mr. Grohman, stating he was a professional and citing the results. 10. Marvin Elam, 2432 W. Circle. Mr. Elam spoke in favor of Mr. Grohman, citing his enthusiasm and dedication. 11. Carlton McComb. Mr. McComb had signed to speak but was not present in the audience. i 12. Keith Anderson, 3642 Wingtail Way. Mr. Anderson spoke in favor of Mr. Grohman, citing Mr. Grohman's relationship to Councilmembers Smith and Weber as well as Police Chief Hogg. 13. Jennifer Bieszczad. Ms. Bieszczad signed to speak but was not present in the audience. 14. Reese Turner. Mr. Turner signed to speak but was not present in the audience. 15. Rick Scarborough, First Baptist Church. Mr. Scarborough LMM indicated he would defer his comments until later in the meeting, reserving the right to speak if he felt so inclined. Mayor Coppinger noted there were many other signatures and encouraged any others to speak if they so desired. UNFINISHED BUSINESS COMPLETION OF CITY MANAGER'S EVALUATION - RETENTION OR DISMISSAL OF CITY MANAGER Mayor Coppinger stated that, as he was not allowed to vote, he would like to verbally offer his support of the City Manager. It was moved by Councilmember Frank, seconded by Councilmember Colson, that this item be postponed for not more than sixty days and at that time be brought back to this Council. Discussion ensued concerning the evaluation process, the use of a mediator, and a cooling off period. Councilmember Smith discussed the City's history up to this point. Councilmember Colson called the question which was repeated by Councilmember Frank. Councilmember Smith suggested a time frame of six months and Councilmember Miller agreed this might be reasonable. Councilmember Frank asked that the question be called. There ensued a lengthy discussion among Council, Mr. Grohman's attorney, and the City Attorney regarding the legality of this motion. City Attorney Rorick stated the Council was free to defer anything it liked. Again, question was raised as to the interpretation of the motion. Councilmember Frank restated the motion as postponing the matter, �-- Item No. 1 under Unfinished Business, Consideration and Possible Action - Completion of City Manager's Evaluation - Retention of Dismissal of City Manager, for not more than sixty days and at that time the matter be brought back to Council. City Manager Grohman objected to the time frame, citing the strain on his family. There were many unidentified comments from the audience and Councilmember Frank asked the Mayor to conduct the meeting in an orderly manner. Continuing his comments, Councilmember Frank stated he would rephrase his motion to what Mr. Grohman asked. It was moved by Councilmember Frank that action be postponed for sixty days at which time the City Manager would be reevaluated. We will retain him for sixty days, Mr. Frank clarified. Councilmember Colson seconded the motion. Rick Scarborough of First Baptist Church spoke at this time in support of Mr. Grohman and stating that there were avenues citizens could take should the Council not act in a legal or right manner. Councilmember Smith stated if Mr. Grohman is fired for no cause a district judge will reinstate him and there will be many recall elections. Upon call for the question, Councilmember Colson requested the City Attorney to advise if the motion was correct and legal. Councilmember Frank restated his motion as postponing the matter for sixty days with the matter being brought back to Council for evaluation of the City Manager. t City Attorney Rorick responded it was a proper motion in that the motion was to defer the matter or table it for a period of time off which was consistent with the agenda item to either retain or dismiss with Council making an election to retain at this time. Councilmember Weber asked Councilmember Frank to extend the time frame of this motion to six months. There ensued a lengthy discussion between Councilmembers Frank and Weber regarding events leading up to this time and Councilmember Frank indicated he would compromise by changing the time frame to ninety days but no longer. Councilmember Weber again spoke in support of Mr. Grohman stating he felt one of the objections of Council was when the City Manager recently changed a requested agenda item. Continuing his remarks, Mr. Weber stated he didn't believe this was worth firing him over, noting Council could fire for cause at any time. Closing his remarks, Councilmember Weber spoke in support of Mr. Grohman and urged a longer time frame. Councilmember Frank stated his motion from sixty days had been removed and the same motion was made with a ninety day time frame. City Manager Grohman stated he is committed to the City and that, although the ninety day time frame will be stressful to him and his family, he will continue to work, within the frame work of the Charter and by law, with the Council as a body. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Colson, Frank, and Miller. Voting "No" - Councilmembers Smith and Weber. Motion passed 3 to 2. MEETING RECESSED AT 9:30 P. M. MEETING RECONVENED AT 9:50 P. M. ORDINANCE NO. 450-13, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS ~� IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-13 was read in caption by Councilmember Colson. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 450-13 be passed and approved on its second and final reading. City Manager Grohman pointed out that this is for the additional officer to keep the same number of officers on the street, allowing for another DARE officer. Said Ordinance No. 450-13 reads in caption as follows: ORDINANCE NO. 450-13 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 THE 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, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 509-B, AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE AT CERTAIN SECTIONS Ordinance No. 509-B was read in caption by Councilmember Weber. Richard Burdine, Director of Planning, noted some of the changes to this lengthy ordinance which pertains to amendments to the zoning ordinance, especially as it pertains to signs and landscaping. Particular discussion was held regarding the height of signs. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 509-B be passed and approved on its first of two readings. Said Ordinance No. 509-B reads in caption as follows: ORDINANCE NO. 509-B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND BY AMENDING SECTION 3 THEREOF TO ADD AND REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 20, LANDSCAPE REGULATIONS; PROVIDING MINIMUM STANDARDS FOR LANDSCAPING; BY AMENDING SECTION 22, SIGN REGULATIONS; AND BY AMENDING TABLE VII THERETO; REQUIRING PERMITS; RESTRICTING SIZE, LOCATION, SPACING AND TYPES OF SIGNS GENERALLY AND BY ZONING DISTRICT; PROHIBITING CERTAIN SIGNS; PROVIDING FOR ABATEMENT OF UNSAFE SIGNS; REQUIRING REGISTRATION; PROVIDING FOR APPLICATION OF PROVISIONS TO THE EXTRATERRITORIAL JURISDICTION OF THE CITY; BY AMENDING SECTION 28.5 CONCERNING THE VOTE REQUIRED IN THE EVENT TO A PROTEST; BY AMENDING TABLE III TO ALLOW CERTAIN RESIDENTIAL USES IN COMMERCIAL ZONING DISTRICTS BY SPECIFIC USE PERMIT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. CALL OF A PUBLIC HEARING FOR THE 1993-94 BUDGET City Manager Grohman announced the tax rate is proposed to be dropped by 12.6% from last year; however, an increase in water and sewer rates is anticipated to take care of the system. Mr. Grohman touched on some of the other highlights of the proposed budget. It was moved by Councilmember Frank, seconded by Councilmember Miller, that in matters pertaining to the budget, a workshop meeting be held on August 2 at 7:00 P. M. and a public hearing be held during the regular meeting of August 9, 1993. Motion passed 5 to 0. RESOLUTION NO. R93-28, ACCEPTING A DEED FROM THOMAS P. ALEXANDER, DAVID L. SMITH, JR., AND SAMUEL H. VESTER, JR., DEED ATTACHED AS EXHIBIT "A" Councilmember Smith announced he would excuse himself from deliberation on this item. Resolution No. R93-28 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R93-28 be passed and approved on its first and only reading. Mayor Coppinger informed the City is accepting deed to 600 square feet at the end of some streets in Green Tee which will allow streets to be put through and allow home building in that area. t2 Said Resolution No. R93-28 reads in caption as follows: RESOLUTION NO. R93-28 A RESOLUTION ACCEPTING A DEED FROM THOMAS P. ALEXANDER, DAVID L. SMITH, JR., AND SAMUEL R. VESTER, JR., DEED ATTACHED AS EXHIBIT "A". Voting "Aye" - Councilmembers Miller, Frank, Colson, and Weber. Voting "No" - None. Motion passed 4 to 0, with Councilmember Smith having excused himself from deliberation. DIRECTION TO CITY MANAGER ON COUNCIL'S PARTICIPATION IN THE YMCA -- ROAD PROJECT Councilmember Frank stated he wanted to get a road to the Y and recalled Councilmember Smith's recent suggestion. A map included in the packets was considered and discussed. A figure of $167,000 was discussed which would include water and sewer improvements. City Manager Grohman stated Lentz Engineering had done a survey and, referring to these documents, Public Works Director Burdine discussed the figures which work out to be half for the City with the Y and Richard Simpson, owner of surrounding property, each assuming one fourth of the cost. Councilmember Smith discussed his original suggestion with the property owners being given credit for their appraised value. It was suggested some definite numbers be obtained and it was proposed that one method for funding might be for the City to pay the lump sum up front, collecting from the Y and Mr. Simpson later. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the City Manager be instructed to continue to negotiate with the Y and Mr. Simpson to get the road constructed at these prices and at these percentages based on an assessment program. Discussion ensued regarding the placement of the road. Motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF MEMBER TO THE CIVIL SERVICE COMMISSION City Manager Grohman stated he had originally planned to ask for ratification of his appointment of Phil Cessac who was highly recommended by someone currently on the Civil Service Commission. At the request of Council, Mr. Grohman continued, he did interview Barbara Ellis and thought she was very acceptable. Even though it is my appointment, Mr. Grohman said, I will defer to Council's choice. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Phil Cessac be appointed to the Civil Service Commission. Councilmember Colson explained she had no problem with Mr. Cessac but had suggested Ms. Ellis because there is no female on the Commission at this time, stating she felt this balance in representation was important. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Miller, Frank, and Smith. Voting "No" - Councilmembers Colson and Weber. Motion passed 3 to 2. 93 APPROVAL OF TAX COLLECTOR'S CERTIFICATION OF ANTICIPATED COLLECTION RATE FOR 1993; APPOINTMENT OF TAX ASSESSOR TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE FOR 1993; AND APPROVAL OF TAX COLLECTOR'S CERTIFICATION OF EXCESS DEBT TAX COLLECTIONS FOR 1992 Division Director Glen Erwin informed this is standard procedure with Jo Knight of the School District serving as the City's Tax Collector. Mr. Erwin recommended approval of the figures submitted for this year. It was moved by Councilmember Weber, seconded by Councilmember Smith, that approval be given to the tax collector's certification of anticipated collection rate for 1993; that Mrs. Knight be appointed as tax assessor to calculate and publish the effective tax rate for 1993; and that approval be given to tax collector's certification of excess debt tax collections for 1992. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 10:38 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read the following items to be discussed in Executive Session: SUBSECTION (g) PERSONNEL - Discussion of appointment of alternate member to the Zoning Board of Adjustment. SUBSECTION (e) LEGAL - Discussion and consultation with Counsel respecting pending litigation by Vira Moore vs. City of Pearland and by Karen Lowery vs. City of Pearland. SUBSECTION (f) ACQUISITION OF LAND - Discussion with respect to the purchase and value of real property for the erection of a new fire station because such discussion would have a detrimental effect on the negotiating position of the governing body if that discussion were had in Open Session. MEETING RETURNED TO OPEN SESSION AT 11:30 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. NEW BUSINESS (CONTINUED) APPOINTMENT OF ALTERNATE MEMBER TO ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Frank, seconded by Councilmember Colson, that Barbara Ellis be appointed as an alternate member to the Zoning Board of Adjustment. Motion passed 5 to 0. INSTRUCTION TO CITY ATTORNEY RESPECTING LITIGATION DISCUSSED IN EXECUTIVE SESSION City Attorney Rorick recommended the following motion: that the City Attorney be authorized to make an offer of judgment in the amount of $2,251, approximately, representing the back pay in this matter, together with reasonable attorney's fees which amount is to be ascertained by Barry Abrams, the total of which amount of back pay and reasonable attorney's fees is not expected to exceed $5,000.00. It was so moved by Councilmember Smith and seconded by Councilmember Frank. Motion passed 4 to 0, with Councilmember Colson abstaining. With regard to the matter of Karen Lowery, City Attorney Rorick recommended to the Council that a motion be made instructing the City Attorney to proceed and urge his motion for summary judgment to the district court. It was so moved by Councilmember Frank and seconded by 0 Councilmember Smith. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 11:38 P. M. Minutes approved as submitted and/or corrected this C� day of A. D., 1993. r. ATTEST: P Jones,,, ity Secretary C. V. Cop er, May6r