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1993-08-23 CITY COUNCIL REGULAR MEETING MINUTES1 04 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 23, 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 Randy Weber David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance: City Engineer John Hargrove, Police Chief Mike Hogg, and Division Directors Glen Erwin and Richard Burdine. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Reverend Harold Gentry. The Pledge of Allegiance was led by Councilmember Smith. APPROVAL OF MINUTES It was moved by Councilmember Weber, seconded by Councilmember Frank, that the minutes of the special meeting of July 19, 1993, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Colson, that the minutes of the regular meeting of August 9, 1993, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Colson, proclaimed American Business Womens' Day. Members of the Rosette Chapter accepted the proclamation. Councilmember Weber assisted Mayor Coppinger in proclaiming Literacy Month. Members of the Adult Reading Center accepted the proclamation. Mayor Coppinger read a proclamation for D.A.R.E. Day, 1993. The City's Drug Awareness Resistance Education team, Officers Rob Harding and Pam Anderson, accepted the proclamation. Officer Matt Zepeda and a robot, "Officer Casey," provided an example of the presentation made to students in an effort to encourage them to resist illegal drugs. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting on August 16 where the Master Plan for the City's parks was discussed. Mr. Miller stated he was well pleased with the plan provided by J. T. Dunkin and Associates. Councilmember Miller also informed that he had attended the monthly meeting of the Brazoria County Cities Association in Angleton. At that meeting, an article from the Houston Post was cited which listed clean water violations. One site listed was in the City and Mr. Miller inquired about this. Continuing his report, Councilmember Miller inquired about the status of the report from the Charter Review Commission and City Manager Grohman stated the Council will formally act on this at a later date, deciding which items will go to the voters next May. Mr. Miller commended the Commission for its work. Mr. Miller inquired about the status of the correspondence with Mr. Massey and Mayor Coppinger stated he would be consulting with Staff and, possibly, TML to answer Mr. Massey's questions. At Mayor Coppinger's request, Mr. Grohman stated the water violation listed in the Houston Post is for the Barry Rose plant but is believed to be an error. It will be checked into immediately, Mr. Grohman assured. Closing his report, Councilmember Miller inquired about an item in the July 19 minutes addressing compensatory time and instructing the City Attorney to look into this matter. City Attorney Rorick responded he has all the information except some from Mr. Grohman which he is expecting soon. Mr. Rorick informed he hopes to report on this at the next meeting. Councilmember Frank reported he attended the Parks Board meeting as Council liaison to the School Board. Mr. Frank also attended the BCCA meeting in Angleton. Councilmember Frank stated he had reviewed the submission by the Charter Review Commission at length and suggested having a joint workshop meeting, if appropriate, with the Commission to discuss some of the items submitted. Councilmember Colson reported she attended a meeting of the Centennial Commission on August 12. Mrs. Colson also attended the Park Board meeting on August 16 along with Tom Reid, Chairman of the Centennial Commission, to solicit the Park Board's help with some of the planned Centennial events. Councilmember Weber reported he also attended the Park Board meeting as Council liaison to the School Board and spoke favorably of the Master Plan for the parks system. Councilmember Smith had nothing to report at this time. CITY MANAGER'S REPORT City Manager Grohman reported work is continuing on street repair and drinking fountains have been installed in area parks which are accessible to persons with disabilities. The State has let its contract for the FM 518 widening, and we should see some construction work by them the first or second week of October. The City is working with the contractor and Brazoria County Drainage District No. 4 for the utility relocation along FM 518 in advance preparation of the State's work. Activities are in progress for the start of school. The master plan for the parks is a good plan, Mr. Grohman reported, and notice was received today that the City may receive an additional $28,000 in grant funds for our parks system. Mr. Grohman discussed the current water capacity due to the lengthy lack of rain. We are all right but are monitoring the situation, Mr. Grohman said, and closing his report, briefly touched on future needs in this area. It was noted a meeting will be held in the Council chambers on September 7 regarding the FAA report on Clover Field Airport. MAYOR'S ACTIVITY REPORT (CONTINUED) Mayor Coppinger reported he attended a groundbreaking ceremony for the Epiphany Lutheran Church and participated in a Freedom Shrine ceremony sponsored by the Exchange Club. Closing his report, Mayor Coppinger reported he attended the annual reception hosted by the Chamber of Commerce for new teachers to the district. CITIZENS 1. Idalea McComb, 3914 Shadycrest. Mrs. McComb spoke about items in the budget, with emphasis on capital outlay items and budgeting for the custodial services through the Parks Department. 2. Daphne Hereford, Heritage Manor. Ms. Hereford asked to relinquish her time to Carlton McComb. 3. Frances Jamison, FM 518. Mrs. Jamison asked to relinquish her time to Carlton McComb. Council gave its consensus to allow Mr. McComb fifteen minutes. 4. Carlton McComb, 3914 Shadycrest. Mr. McComb spoke about the payment of compensatory time to some individuals, stating he felt amounts were paid in error. Mr. McComb asked that this matter be looked into and this money be paid back. Closing his remarks, Mr. McComb stated he would, in light of Mayor Coppinger's recent article in the newspaper, take this matter to the District Attorney. MEETING RECESSED AT 8:20 P. M. MEETING RECONVENED AT 8:31 P. M. UNFINISHED BUSINESS ORDINANCE NO. 509-42, AMENDING LAND USE ORDINANCE, REQUEST OF KERRY GILBERT & ASSOCIATES, 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 Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 509-42 be passed and approved on its second and final reading. 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. 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 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 RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-14, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS IN THE CLASSIFIED SERVICE OF THE CITY Mayor Coppinger asked Councilmember Colson to read the ordinance in caption. Councilmember Colson stated she planned to abstain from voting and asked that this be done by someone else. Ordinance No. 450-14 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 450-14 be passed and approved on its second and final reading. Said Ordinance No. 450-14 reads in caption as follows: ORDINANCE NO. 450-14 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 Smith, Weber, Frank, and Miller. Voting "No" - None. Abstaining - Councilmember Colson. Motion passed 4 to 0, with Councilmember Colson abstaining. NEW BUSINESS AUTHORIZATION FOR MAYOR TO TAKE NECESSARY ACTION REGARDING SALE OF BONDS BY MUNICIPAL UTILITY DISTRICT NO. 1 City Manager Grohman explained the Council must give its authorization for any municipal utility district located in its ETJ to issue debt. Paul Philbin, attorney for the district, stated this is the second series of bonds the district will issue. Mr. Philbin discussed the financial status of the district and informed this district is located nearest to the golf course in the Southwyck area. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the Mayor be authorized to take the necessary action required by Ordinance No. 411-1 regarding sale of $2,240,000 Waterworks and Sewer System Combination Unlimited Tax and Revenue Bonds, Series 1993, by Brazoria County Municipal Utility District No. 1. Motion passed 5 to 0. AWARD OF BANK DEPOSITORY CONTRACT City Manager Grohman recommended the bank depository contract to Pearland State Bank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Pearland State Bank be appointed as the City's depository. Motion passed 5 to 0. ORDINANCE NO. 656, ADOPTING A BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994 Ordinance No. 656 was read in caption by Mayor Coppinger. Said Ordinance No. 656 reads in caption as follows: ORDINANCE NO. 656 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994. City Manager Grohman noted the changes Council had asked for, those being to add approximately two cents back to the tax rate for capital projects such as sidewalks and to also give the classified 108 employees a 4% salary increase which will cost approximately $48,000.00. Mr. Grohman recalled an item that was talked about at the budget hearing but not included in the budget. This was to raise the salary of Dr. Armbruster, the City's Health Officer, from $100.00 to $500.00 per month, Mr. Grohman stated. City Manager Grohman recommended this be done, stating the budget would still be in the black. Councilmember Colson questioned the need to hold another public hearing on the budget because of the changes. City Manager Grohman informed one was not needed because the 8% effective tax rate had not been exceeded. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 656 be passed and approved on its first of two readings. Councilmember Miller inquired of the City Attorney about the need for an additional public hearing due to the substantial number of changes or corrections to the budget and the public's right to comment on these changes. City Attorney Rorick advised that, though not legally required, Council could collectively hold another public hearing should it so desire. City Manager Grohman stated there was only about a $40-45,000 string to stay within the black and this was done, stating there was $5-10,000 in total changes, maximum, other than those specifically authorized at the last meeting. Discussion ensued regarding budget figures, Charter requirements, the changes as quoted from the minutes of the public hearing held on August 9, and whether the question of the need for an additional public hearing had been adequately addressed. City Attorney Rorick determined an additional public hearing was not necessary if the changes were made at the public hearing. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Smith and Weber. Voting "No" - Councilmembers Frank and Miller. Abstaining - Councilmember Colson. Mayor Coppinger voted "aye" to break the tie under Section 3.01(b) of the City Charter. Motion passed 3 to 2, with Councilmember Colson abstaining. ORDINANCE NO. 657. LEVYING TAXES FOR THE TAXABLE YEAR 1993 City Manager Grohman asked that this item be tabled as changes were coming from the Appraisal District which will make a difference of a few one hundredths of a cent in the tax rate. By deferring action, the wrong tax rate won't be given, but it is thought to be approximately $0.715, Mr. Grohman informed. RESOLUTION NO. R93-29, AUTHORIZING STOP SIGNS AT INTERSECTION OF CORRIGAN AND APPLE SPRINGS Resolution No. R93-29 was read in caption by Mayor Coppinger. City Manager Grohman stated Staff recommended approval of this action. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R93-29 be passed and approved on its first and only reading. Said Resolution No. R93-29 reads in caption as follows: RESOLUTION NO. R93-29 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF CORRIGAN AND APPLE SPRINGS. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH MCGUFF ASSOCIATES ARCHITECTS FOR DESIGN OF RENOVATION OF FIRST FLOOR OF CITY HALL City Manager Grohman informed preliminary plans are in the works to move Municipal Court into the first floor with the Water Billing Department. This will allow us to save on additional employees by cross -training these two departments. Other benefits are having the City's two largest cash intake points in one area and this move will be cheaper than building another parking lot at the Police station which is needed due to the volume of Municipal Court traffic. It was moved by Councilmember Weber, seconded by Councilmember Smith, that the City Manager be authorized to enter into a contract with McGuff Associates Architects for design of renovation of the first floor of City Hall. Motion passed 4 to 0, with Councilmember Frank abstaining. ORDINANCE NO. 658, TEMPORARY EASEMENT AT EAST END OF QUEEN VICTORIA DRIVE, BANBURY CROSS II Ordinance No. 658 was read in caption by Mayor Coppinger. Said Ordinance No. 658 reads in caption as follows: ORDINANCE NO. 658 AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN TEMPORARY EASEMENT AT EAST END OF QUEEN VICTORIA DRIVE IN BANBURY CROSS II. Public Works Director Richard Burdine explained this is a street that currently ends in a temporary cul-de-sac. The lots are unmarketable because the front door of the homes would open onto a cul-de-sac literally at the front building line. The owner has requested a turn -out on both sides of the street which will be constructed to a street standard. It will be so constructed to allow large vehicles to turn around. In the process of allowing this turn -out, the temporary easement for the cul-de- sac must be abandoned and this can only be done by Council action, Mr. Burdine informed. The number of lots was determined to be approximately ten and Mr. Burdine informed the Planning and Zoning Commission has considered this for some time and does give its recommendation. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 658 be passed and approved on its first of two readings. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. 10 RESOLUTION NO. R93-30, DETERMINING CHARGES FOR WATER AND SEWER SERVICE Resolution No. R93-30 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-30 be passed and approved on its first and only reading. City Manager Grohman stated these rates relate back to the budget and it was noted there was a comparison sheet included with the materials to show the difference in rates. Said Resolution No. R93-30 reads in caption as follows: RESOLUTION NO. R93-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Weber, and Frank. Voting "No" - Councilmembers Colson and Miller. Motion passed 3 to 2. CHANGE IN THE ORDER OF BUSINESS Mayor Coppinger reversed the order of the next two agenda items. ORDINANCE NO. 659, ESTABLISHING AN EARLY PAYMENT DISCOUNT Ordinance No. 659 was read in caption by Mayor Coppinger. Public Works Director Richard Burdine stated the purpose of the document is to improve customer relations with the net effect being no change in rates but allowing an early payment discount rather than a penalty for late payment. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 659 be passed and approved on its first of two readings. Said Ordinance No. 659 reads in caption as follows: ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AN EARLY PAYMENT DISCOUNT PURSUANT TO CHAPTER 30, SECTION 30-40 OF THE PEARLAND CODE OF ORDINANCES; REPEALING ALL LAWS IN CONFLICT THEREWITH AND PROVIDING AN EFFECTIVE DATE. Voting t'Ayell - Councilmembers Frank, Colson, Weber, and Smith. Voting "No" - Councilmember Miller. Motion passed 4 to 1. RESOLUTION NO. R93-31, DETERMINING CHARGES FOR CONNECTION AFTER DISCONNECTION OF UTILITY SERVICE FOR NON-PAYMENT OF BILL Resolution No. R93-31 was read in caption by Mayor Coppinger. Public Works Director Richard Burdine informed this fee has not been looked at for over five years. It is proposed to increase the fee when a reconnect service is performed after business hours. It was noted citizens can contact Police Dispatch to have their water service reconnected. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R93-31 be passed and approved on its first and only reading. Said Resolution No. R93-31 reads in caption as follows: RESOLUTION NO. R93-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND , TEXAS, DETERMINING CHARGES FOR CONNECTION AFTER DISCONNECTION OF UTILITY SERVICE FOR NON-PAYMENT OF BILL, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-42 OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 660, DETERMINING A PUBLIC NEED FOR AN EASEMENT AND AUTHORIZING CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN Public Works Director Richard Burdine informed this item would be acted upon after Executive Session. MEETING RECESSED TO EXECUTIVE SESSION 9:08 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following item 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. Mayor Coppinger announced that he had requested that all Executive Sessions be taped from this point on and that the City Manager had informed him the taping mechanism was in place. Councilmember Frank objected to this, stating this was Council's decision. Mayor Coppinger recessed the meeting, suggesting the body retire to Executive Session to discuss this issue and Councilmember Frank stated he wished to discuss it in open session. Those Councilmembers having already left the Chambers were asked to return to discuss this matter. The meeting was reconvened and City Attorney Rorick read sections from the Open Meeting's Act which state a governmental body shall keep a certified agenda of its closed sessions. In lieu of a certified agenda, a governmental body may tape its closed sessions. Councilmember Weber asked if this decision to tape record was subject to Council consensus and City Attorney Rorick stated that was the meaning of governmental body. Councilmember Weber expressed his opinion that he did not wish to tape the sessions. Mayor Coppinger said that the Charter provides that minutes are to be kept of all meetings and with the keeping of a tape there would be no question as to content. City Manager Grohman suggested that tonight's session be taped, giving the City Attorney time to research the matter. Councilmember Frank stated he agreed with Councilmember Weber and did not wish to tape the session. Mayor Coppinger agreed to this but asked that a decision be settled upon at the next meeting. 112 MEETING RECESSED TO EXECUTIVE SESSION AT 9:16 P. M. MEETING RETURNED TO OPEN SESSION AT 9:30 P. M. NEW BUSINESS (CONTINUED) ORDINANCE NO. 660, DETERMINING A PUBLIC NEED FOR AN EASEMENT AND AUTHORIZING CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN Ordinance No. 660 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 660 be passed and approved on its first of two readings. Said Ordinance No. 660 reads in caption as follows: ORDINANCE NO. 660 AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF AN EASEMENT ON APPROXIMATELY 23,187 SQUARE FEET OF LAND, OR APPROXIMATELY 0.532 ACRE, ALONG THE NORTH SIDE OF LOT 107 OF THE SUBDIVISION OF SECTION NO. 1, A.C.H. & B. SURVEY, ABSTRACT NO. 147, IN PEARLAND , BRAZORIA COUNTY, TEXAS, FOR DRAINAGE AND ASSOCIATED MUNICIPAL PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE NEEDED EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. DIRECTION TO CITY MANAGER REGARDING ACQUISITION OF EASEMENTS FOR THE FM 518 UTILITY AND DRAINAGE PROJECTS No action was taken on this item. ADJOURNMENT The meeting adjourned at 9:32 P. M. i Min es approved as submitted and/or corrected this /3 day of A. D., 1993. C. V. Cop i ger, M.Ayor ATTEST: Pat Jones City Secretary c