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1993-08-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, HELD ON AUGUST 9, 1993, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TERAS 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 Randy Weber David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Hogg. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Frank, that the minutes of the special meeting of July 26, 1993, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the minutes of the regular meeting of July 26, 1993, be approved as submitted. Councilmember Frank inquired about the minutes of the special meeting of July 19, 1993, which had not been voted upon or signed as Mayor Coppinger had stated he wished to recant his signature to the certified agenda of the Executive Session held at that meeting. Mr. Frank noted that when this question arose, the City Attorney was not present in the audience for counsel and this item was never acted upon. Councilmember Frank asked if Mayor Coppinger had signed this statement. Mayor Coppinger stated he intends to get with City Secretary Pat Jones to make a statement to be made part of the records. Councilmember Frank asked what subject matter was discussed that Mayor Coppinger felt the need to recant his signature. Mayor Coppinger stated Councilmember Miller had discussed his legal problems in that meeting. Councilmember Frank asked Mayor Coppinger who brought this to his attention and Mayor Coppinger declined to reveal the source. Councilmember Frank then polled the Council and all answered negatively, with City Manager Grohman also indicating he did not bring it to Mayor Coppinger's attention. Councilmember Frank urged the issue of who discussed something out of Executive Session. Mayor Coppinger stated he was advised to recant his signature, and he would obtain permission from the individual advising him before he divulged his source. Councilmember Frank inquired of City Attorney Rorick about the status of the minutes of the special meeting of July 19, 1993, and '96 Mr. Rorick stated they must be put back on a future agenda for disposition. Councilmember Frank asked that this be done. Upon call for the question to approve the minutes of the regular meeting of July 26, 1993, motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Smith, issued a proclamation to the Pearland Historical Society for its contribution of $1,000.00 to the Centennial event. Mrs. Joy Miller, a member of the Society, accepted the proclamation. Mayor Coppinger also issued a proclamation in honor of Christian Helping Hands. Volunteers from this local organization were present to accept the proclamation. Mr. Tommy Alexander was recognized with a certificate for his service on the Civil Service Commission. City Manager Grohman explained the duties of the Civil Service Commissioners and Mr. Alexander expressed his gratitude for having had the opportunity to serve, especially thanking Civil Service Director Mary Hickling for her work with this board. COUNCIL ACTIVITY REPORT Councilmember D. A. Miller reported his attendance at the budget workshop on August 2. Councilmember Frank reported his attendance at the budget workshop as well as the meeting with the School Board representatives which he attended with the other Council appointee, Randy Weber. Councilmember Colson reported she had been on vacation. Councilmember Weber reported the next meeting with the School will be on September 1. Esplanades are being considered for Oiler Drive, Mr. Weber informed, and Councilmember Colson asked that sidewalks also be kept in mind. Mr. Weber reported he would be attending a leadership meeting at the Chamber on the 12th. Councilmember Smith reported the Clear Creek Watershed Committee meeting will be held here on Wednesday and, closing his remarks, commented on the EMS and emergency management activities. CITY MANAGER'S REPORT City Manager Grohman commented on the City's water supply during the dry period we are experiencing. The City is in fairly good shape, at this time, with no problems anticipated. Growth is continuing and we will be needing additional facilities for water and sewer as time goes on. Mr. Grohman reported he and Chief Hogg stopped by at least eight neighborhoods on National Night Out. The School road is being worked on with the School allowing us to move the road over somewhat onto their property which will allow us to save an existing ball field in the park area. Closing his remarks, Mr. Grohman reported the impact fee study update is going well and, once the required public hearings are held, we may be able to have the fees in place by late this year or early next year. CITIZENS 1. Delores Fenwick, Executive Director, Clean Pearland. Mrs. Fenwick gave an annual report regarding the Clean Pearland organization. 2. Carlton McComb, 3914 Shadycrest. Mr. McComb stated he had requested records from the City Secretary's office twenty- eight days ago. Mr. McComb cited references from the Open Records Act pertaining to providing these records. Closing his remarks, Mr. McComb commented on the Open Meetings Act 97 with reference to violating the law during an Executive Session. City Manager Grohman responded he was not aware that Mr. McComb had not received his requested records and would get with City Secretary Jones to resolve this matter. Referring to Mr. McComb's remarks on the Open Meetings Act, Mayor Coppinger urged better training for all newly elected officials and recommended that all future Executive Sessions be tape recorded. DOCKETED PUBLIC HEARINGS: Public Hearing on the 1993-94 Budget Number of signatures on the roster: 20 City Manager Grohman recalled that at the workshop held on August 2, a tax rate of $0.696 was proposed, but it appeared to be the consensus of Council to add a few cents back for capital improvements such as sidewalks. The amount proposed to be added to avoid rollback possibilities is $0.0188 which will make the tax rate $0.7153. The is still a drop of approximately eight cents from last year. This additional amount would generate approximately $148-149,000 in revenue, Mr. Grohman said, and indicated Staff would follow Council's wishes. Mr. Grohman further recalled that Councilmember Frank had asked for a list of employees to get raises and City Manager Grohman stated this list had not been prepared; however, with the exception of three people, Mr. Grohman continued, it was his intent to give all non -classified employees a 4% increase. The three individuals felt to be out of their market and deserving of an 8% increase are Larry Steed, Fire Marshal, John Hargrove, City Engineer, and C. R. Long, Drafting Technician. Citizen Input• 1. Rob Harding, Pearland Patrolmen's Association. Mr. Harding requested that the police officers also be given a 4% increase in pay. Discussion ensued regarding this request and it was noted that the officers received a raise last year when some non -classified employees did not; however, it was the consensus of Council that the officers receive a raise also if funding is available. Median salaries were discussed for various positions and the possibility of seeing figures for median salaries this budget year. Other discussion followed concerning issues in the budget relating to numbers and balances. Citizen Input• 2. Carlton McComb, 3914 Shadycrest. Mr. McComb questioned raising the water and sewer rates versus lowering the tax rate and the transferring of funds to the general fund. Discussion followed regarding the possible raising of these rates and explanation was given why funds are transferred to the general fund. Our water and sewer rates were compared to other area cities. Projected growth and needs were discussed as well as federal and state mandates which may prove costly to the City in compliance efforts. As the hearing drew to its close, City Manager Grohman asked for clarification of the two changes. The changes are that employees, classified and non -classified, are to receive a 4% rate, with the exception of those three mentioned who will receive 8%. The other change is to add $0.0188 to the tax rate which will generate approximately $149,000 for capital improvements. Hearing adjourned at 8:47 P. M. 98 MEETING RECESSED AT 8:47 P. M. MEETING RECONVENED AT 8:57 P. M. UNFINISHED 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. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 509-B be passed and approved on its second and final reading. 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. ORDINANCE NO. 654, WAIVING THE ENCROACHMENT OF A CERTAIN 2000 SQ. FT. WAREHOUSE INTO THE DEDICATED RIGHT-OF-WAY OF MAGNOLIA STREET It was announced this item was not ready to be acted upon and request was made and granted to have them item tabled. NEW BUSINESS ORDINANCE NO. 509-42, AMENDING LAND USE ORDINANCE, REQUEST OF KERRY GILBERT & ASSOCIATES, INC., AGENT FOR ALMA M. AND VICTOR J. SNYDER, OWNERS, FROM R-1 TO R-2, PUD Ordinance No. 509-42 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 509-42 be passed and approved on its first of two readings. It was noted the Planning and Zoning Commission had made recommendation to Council that this request for rezoning be permitted. Said Ordinance No. 509-42 reads in caption as follows: ORDINANCE NO. 509-42 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 50911 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 GEORGE W. JENKINS AND S. W. NARREGANG SUBDIVISIONS OF THE W.D.C. HALL LEAGUE, ABSTRACT 70 FROM SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT (R-2, PUD), AT THE REQUEST OF KERRY GILBERT & ASSOCIATES, INC., AGENT FOR ALMA M. AND VICTOR J. SNYDER, OWNERS; 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 Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. DIRECTION TO THE CITY MANAGER CONCERNING THE CONTRACT WITH PRIVATE HAULER FOR ROLL -OFF CONTAINER SERVICE WITHIN THE PEARLAND CITY LIMITS Citizen Input: 1. Trey Hill, 4649 Dixie Farm Road. Mr. Hill explained his locally owned firm wished to be able to furnish boxes for new construction. As it stands now, Mr. Hill said, Best Waste is the only one licensed to do this. Some competition would be better for all concerned, Mr. Hill explained. City Manager Grohman stated this is an unusual situation in that roll -off containers were included in the contract with Best Waste. There are also provisions in the Code of Ordinances, Section 12-29 and Section 12-30, which state a contract is necessary to have roll -off containers in the city. Mr. Grohman recommended that Council authorize Staff to contract with Hill, Mayfield or other contractors as they come in. Council asked City Attorney Rorick's opinion. Mr. Rorick stated the word "exclusive" does not appear in our franchise with Best Waste. Legal memoranda was solicited, Mr. Rorick continued, from lawyers on both sides on whether we had the right or did not have the right to deal exclusively with Best Waste. The decision rests with Council which is free to let others into this market, City Attorney Rorick concluded. It was moved by Councilmember Frank, seconded by Councilmember Smith, that the City of Pearland allow Hill Sand Company, Mayfield Trucking Company, and any other entity meeting the criteria of our ordinance to have roll -off container services in Pearland. Motion passed 5 to 0. PARTICIPATION IN THE TERAS ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES' REVIEW AND COMMENT ON TEXAS WATER COMMISSION WATER QUALITY STANDARDS Richard Burdine, Director of Public Works, explained this is a coalition of cities who will represent us in trying to ease the burden of unfunded mandates placed on cities. This venture is recommended by Texas Municipal League. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Staff be authorized to participate in the Texas Association of Metropolitan Sewerage Agencies. Motion passed 5 to 0. PROPOSED POLICY FOR NAMING AND RENAMING PARK LAND AND FACILITIES Mr. Burdine explained the Park Board has proposed a policy for naming and renaming park land and facilities for Council's approval. Mr. Burdine discussed some of the provisions of the proposed policy, stating the final decision would rest with Council 00 to name or rename a facility. The adoption of this policy would facilitate the designation of a Centennial Park as suggested by the Centennial Committee. It was moved by Councilmember Miller, seconded by Councilmember Colson, that the policy as proposed by the Park Board be approved. Motion passed 5 to 0. ORDINANCE NO. 450-14, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-14 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 450-14 be passed and approved on its first reading. Councilmember Frank inquired the purpose of this ordinance. City Manager Grohman explained correspondence had been received stating we are not in compliance with the grant for the Crime Victim's Assistance officer. Grant funds will have to be returned unless an officer is added, Mr. Grohman stated. This position, however, is mandated by law, Mr. Grohman informed, but the decision is up to Council. Chief Hogg stated there was some miscommunication between Council and himself when this was originally presented to Council in February. The discussion at that time centered around clerks fulfilling these duties versus a police officer and we stand to lose the $46,000 if an officer is not designated, Mr. Hogg informed. It was noted Officer Colson currently fills this position and his salary is recovered from the grant funds. The duties of the office were discussed. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0, with Councilmember Colson abstaining. MEETING RECESSED TO EXECUTIVE SESSION AT 9:27 P. M. UNDER TERAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SUBSECTION (f) ACQUISITION OF LAND - Discussion of acquisition of easements for the FM 518 utility and drainage projects and the Zychlinsky sewer outfall. MEETING RETURNED TO OPEN SESSION AT 9:54 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. NEW BUSINESS (CONTINUED) DIRECTION TO CITY MANAGER REGARDING ACQUISITION OF EASEMENTS FOR THE FM 518 UTILITY AND DRAINAGE PROJECTS AND THE ZYCHLINSRY SEWER OUTFALL It was moved by Councilmember Weber, seconded by Councilmember Frank, that the City Manager be authorized to acquire the easements for the FM 518 utility and drainage projects and the Zychlinsky sewer outfall as was discussed in Executive Session. Motion passed 5 to 0. ADJOURNMENT Meeting adjourned at 9:55 P. M. Mi tes approved as submitted and/or corrected this 2,3 day of A. D., 1993. z� C. Coppi g r, May ATTEST: PatJones ity Secretary 101