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1993-10-25 CITY COUNCIL REGULAR MEETING MINUTESam MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 25, 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 D. A. Miller Councilmember Benny Frank Councilmember Randy Weber (entered_ Chamber at 7:35 P.M.) Councilmember David Smith City Manager Paul Grohman City Attorney Dick Gregg, Jr. City Secretary Pat Jones Others in attendance: Division Director Richard Burdine, Police Chief Mike Hogg, City Engineer John Hargrove, and Attorney Dick Gregg, III. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Mike 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 regular meeting of October 11, 1993, be approved as submitted. j T� Motion passed 3 to 0, with Councilmember Colson abstaining due to her absence at the October 11 meeting and Councilmember Weber not present in the Council Chambers yet. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation in honor of the Air National Guard, 147th Fighter Group. Major Steve Jones and Sergeant Ken Mills accepted the proclamation and related some of the history of the unit. Mayor Coppinger, assisted by Councilmember Weber, also issued a proclamation to the Exchange Club. "one Nation Under God" is being observed by the Club and several of its members were present to accept the document and invite all to a breakfast at Golfcrest Country Club on November 17. Mrs. Nell Fuller of the Exchange Club stated the organization recognizes individuals and businesses who correctly display the American flag. Three plaques were presented to City facilities. Accepting for City Hall were City Manager Paul Grohman and City Secretary Pat Jones. Municipal Court employees Becky Bonner and Cheryl Shotwell and Police Chief Mike Hogg accepted the plaque for the Public Safety Facility. The Community Center was represented by Division Director Richard Burdine and Parks Director Ed Hersh. Mayor Coppinger reported his attendance at Friendswood's unveiling of their Centennial painting. Mayor Coppinger informed he attended a meeting of the Community Leadership Council and asked Councilmember Weber to report further under Council Activity Reports. Continuing his report, Mayor Coppinger reported on the Lion's Club Annual Turkey Shoot. Mr. Coppinger asked Police Chief Hogg to .5.4 comment on the traffic situation at Cole's Flea Market and asked City Manager Grohman to comment on localized flooding last week. Closing his remarks, Mayor Coppinger asked Councilmember Weber to comment on the police promotion ceremony last week. COUNCIL ACTIVITY REPORT'S Councilmember Miller reported his attendance at the Brazoria County Cities Association on October 20, 1993, hosted by the City of Clute. Councilmembers Frank and Colson had nothing to report at this time. Councilmember Weber reported he attended the Ministerial Alliance Breakfast on October 12 with Mayor Coppinger. On October 14, Mr. Weber attended the Leadership Council with representatives from other local entities. On that same day, Councilmember Weber attended a meeting regarding the medical waste incinerator with other representatives from concerned entities. Mr. Weber accompanied Councilmember Miller to BCCA in Clute on October 20. The promotion ceremony at the Police Station, Mr. Weber informed, was for the promotion of Chris Doyle to Lieutenant and Ron Fraser to Sergeant. Closing his report, Councilmember l�~reported he and Mayor Coppinger will be attending Texas Municipal League's Annual Conference next week. Councilmember Smith reported he attended a three day seminar of the Gulf Coast Emergency Management and obtained a wealth of information to prepare the City in the event of a disaster. Mr. Smith commented that he, too, attended many of the activities mentioned by the other Councilmembers. Closing his remarks, Mr. Smith commended all those who were involved in relief efforts in the recent inclement weather. CITY MANAGER'S REPORT City Manager Grohman reported there were seven to nine inches of rain during the recent downpour and commended the efforts of all who worked during this incident. The drainage project on FM 518 is continuing with the State to begin its work on November 1. Signs denoting "Superior Water System" have been placed throughout the City as we have been given this rating from the Texas Water Commission, Mr. Grohman informed. A language line has been installed through the efforts of the Police Department for a maximum charge of $25.00 per month which will aid us in the event a translator is needed on a phone call. Translation for approximately 140 languages is available. A new program, "Are You Okay?", is also being coordinated through the Police Department to check on our elderly citizens daily. Chief Hogg commented on the traffic situation at Cole's Flea Market and stated it was a problem each weekend. A cooperative agreement has been entered into with Mr. Cole for the installation of a traffic signal, with Mr. Cole having already paid his portion some time ago. The holdup has been on the State's part, but installation is scheduled to begin soon. City enforcement teams will more closely patrol the site to see that safety regulations are in compliance, with a current major concern being that an emergency vehicle does not have quick ingress and egress to the site. CITIZENS 1. Susan Partridge, 1601 Willits. Ms. Partridge addressed the Council regarding a requested abandonment near her property. She discussed the history of the site and the problems which have occurred over the last four to five years and asked for the City's help. City Manager Grohman responded that the situation is being RM41 looked into. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 664, WAIVING AN ENCROACHMENT ON MAGNOLIA STREET Ordinance No. 664 was read in caption by Mayor Coppinger. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 664 be passed and approved on its second and final reading. Said Ordinance No. 664 reads in caption as follows: ORDINANCE NO. 664 AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN GATEPOST SUPPORTS INTO THE DEDICATED RIGHT-OF-WAY OF MAGNOLIA STREET. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. AMENDMENT TO CONTRACT WITH INTERIM CITY ATTORNEY DICK GREGG, JR. Council discussed with Mr. Dick Gregg the provisions of his original contract and subsequent amendment. It was noted that Dick Gregg, III, will attend the first meeting of the month in Mr. Gregg's stead as he is committed to the City of Nassau Bay for this time. The fee for this meeting will be $300 rather than $400. According to the provisions of the contract, $100 per hour will be charged for non -litigation work and $150 per hour will be charged for litigation work. Mr. Gregg asked that, as the contract under consideration specified, he be referred to as City Attorney rather than Interim City Attorney from this point on. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the contract with City Attorney Dick Gregg, Jr. be approved as presented. In discussion, question was raised about a notice date in the event of cancellation of the contract. Mr. Gregg stated this was covered in the original contract, and that, if his services were no longer needed, he would not serve, but would be paid for the work he had done up to that point. Motion passed 5 to 0, with Councilmember Frank noting that this was not a modification but rather is the contract, with Mr. Gregg agreeing that it did replace the old one. NEW BUSINESS COUNCIL DECISION ON DATE AND TIME OF THE FOLLOWING PUBLIC HEARINGS TO BE HELD PURSUANT TO SECTION 6.07 OF THE CITY CHARTER REGARDING RECALL PETITIONS PRESENTED TO COUNCIL ON OCTOBER 11, 1993 (TENTATIVELY SCHEDULED FOR OCTOBER 26, 1993, AT 7:00 P. M.): A. CALL OF PUBLIC HEARING FOR COUNCILMEMBER MILLER B. CALL OF PUBLIC HEARING FOR COUNCILMEMBER FRANK C. CALL OF PUBLIC HEARING FOR COUNCILMEMBER COLSON Mayor Coppinger opened the floor for any comments regarding call of Public Hearing for Councilmember Miller. Councilmember Colson asked that the following statement be read into the records: "I would like the Council to know that I intend to abstain from any and all votes on the issues of recall currently before this Council and would, at this time, offer my reasons for doing so. The obvious reason is that I am individually named on the recall and that presents a conflict for me. However, there are other substantial reasons that would prevent me from voting on this issue and carrying this process further even if I were not named. I believe these particular recall petitions to be unethical, illegal, and without any regard for the recall process and the intent for which that legislative process was provided for in our City Charter. I do not believe a recall petition is supposed to be used as a means to coerce or threaten an official on how to vote. I do not believe a recall is supposed to be used to restructure Council. It is my belief that these petitions were predicated on false accusations and laced with absurd untruths. I believe that signatures on a recall petition, or any other petition, are only valid if they are obtained with truth and facts. I have many documented reasons to know that signatures on these petitions were obtained with deception, fraud, and outright lies." Councilmember Frank made the following statement: "Since I am the subject of a recall petition, I believe it would be a conflict of interest for me to participate in any vote regarding a recall process and I must, therefore, abstain from voting on this motion, given the facts that the recall process, from the very beginning, has been directed toward myself, Mr. Miller, and Mrs. Colson, in concert. A conflict of interest exists requiring an abstention as to my vote on any of the petitions. This is particularly the case since the recall petitions, themselves, contain the allegations of conspiracy and conflict of interest among all three of the councilpersons involved." Councilmember Miller made the following statement: "I might as well. I echo both of their remarks. I think they put it very appropriately. I certainly agree with everything they have _ said and I intend to abstain and not vote on this issue, also, based on the fact that I feel it is a conflict of interest for me to participate in this." Mayor Coppinger stated he recalled a letter in the Council packets which requested a public hearing to be held tomorrow night. Mayor Coppinger stated the business before us is to set a hearing and called upon City Attorney Gregg. Mr. Gregg took the podium and addressed the Council, stating there was in the packet a letter from Mr. Feldman, attorney for those Councilmembers being recalled, dated October 15 pertaining to recall petitions, which states "without waiving their right to contest the matter, they do demand a hearing pursuant to a section of the Charter." Continuing his remarks, Mr. Gregg informed that, subsequent to that, he had begun some preliminary discussions with Mr. Feldman, attempting to find a convenient date that fit the times of the Charter. Since there was no Council meeting in between, it was necessary to give the Open Meeting notice for tomorrow night, Mr. Gregg stated. That was a date that was the least objectionable to Mr. Feldman and his office. Based on that, I instructed the City Secretary to post the public notice, but, of course, Council action tonight is necessary to make that have any meaning, but, in order to comply with the Open Meeting law, the agenda had to be posted ahead of time. City Attorney Gregg commented on a case, Blanchard vs. Fulbright, which pertained to the City of Angleton. There are many similarities, Mr. Gregg stated, and commented on the procedures in this case. Mr. Gregg noted the Charters of Pearland and Angleton are identical pertaining to the recall process. The most important holding of this 1982 case is that this is a ministerial act of this Council because the Charter says that ME Council shall call this hearing and Council shall call this election and it provides no mechanism for the body to do anything about these recall petitions regarding the content of them or the allegations themselves, Mr. Gregg informed. This case is authority for the fact that, if the people who created your Charter had meant for Council to have a judicial review of these petitions, they would have given Council that power and while it says that about Angleton, it also says it about your Charter because the language and such numbers are the same. It also says, Mr. Gregg continued, that it is mandatory for the Council to call the hearing and to call the election and that, to place a judicial function in this Council would be to hand it to a non -impartial tribunal. It also leaves, Mr. Gregg further advised, a mechanism for a district court to review the allegations in the petitions themselves and to determine, whether or not, they are of a sufficient nature to reach the level of incompetency and malfeasance that is called for in the Charter, but it makes it very clear that the City Council is not the proper body to make that decision. I read this case to say, Mr. Gregg said, that if the hearing isn't called, that, just as was done in this case, the petitioners have the right to go to the court of appeals and to have this election ordered by a court instead of by this Council. For this reason, Mr. Gregg continued, I feel this is a ministerial duty. I think there is no choice but to call the hearing and to call the election. Mayor Coppinger urged that the processes be followed and the election called, stating he felt this was what is best for the entire community. Mayor Coppinger asked the City Attorney if three Councilmembers are abstaining, what can the remaining body do about setting the date. City Attorney Gregg replied nothing could be done because the Charter says it requires a majority of those present in order for the Council to take action on anything. You, as Mayor, have only a casting vote, a tie breaking vote. That means that if three members abstain, and there are only two votes in favor, then there isn't a majority. In this situation, the next mechanism provides for the courts to do it if the Council, as a body, does not, Mr. Gregg stated. If there are three abstentions, then there is not a majority vote. Therefore, there is no action taken. Therefore, there is no hearing tomorrow night. Therefore, theoretically, there will be no election called, either. Mayor Coppinger asked what the time table was for triggering the next action which would be referring this to the court. City Attorney Gregg responded that, in that case, the same language applies of twenty-five to thirty-five days after either the presentation by the City Secretary or twenty-five to thirty-five days after the public hearing. Also there is authority for the fact that once the court gets it, then the court has a new twenty- five to thirty-five days and from the day that the court makes a final order, then it will be between twenty-five and thirty-five days forward. So, the constraints of the Charter go out the window with the necessary delays that are caused by going to the courthouse, and while there may not be an election on November 20, there will be an election. It is a question of when it will be, but it will be either twenty-five to thirty-five days from tomorrow night or twenty-five to thirty-five days from the date that a court issues a final order to have that same election. one of the two things will happen, Mr. Gregg concluded. Mayor Coppinger asked if we were asking the court to set a date for the hearing or for the election. City Attorney Gregg stated this poses another interesting problem. How do I get directed to do things, Mr. Gregg asked. I am the City Attorney and there is a majority of Council that abstains and the other two don't have enough to tell me what to do. On the other 147 hand, the Charter is very precise and it says that you have, as a Council, a duty to do these things. I think that is enough for me, as your chief legal advisor, to at least bring it to the attention of the County Judge which is the next mechanism. I believe, Mr. Gregg continued, that, otherwise, I wouldn't be doing my duty. I think it's wrong for me to play politics and I don't want to play politics and so it's not a matter of choosing sides. It's a matter of the Charter saying its mandatory, and therefore, I think I have to go forward and bring it to the County Judge's attention, if this Council doesn't act. For to do otherwise is to be stalemated and that's not the point of democracy. Mayor Coppinger reiterated his statement that he felt the best thing for the community was to go forward with this process. Councilmember Colson stated that she, personally, looked forward to the Judge looking into these allegations and letting us know the validity of them. City Attorney Gregg advised that, in anticipation of another specific question that might be raised, he had looked at Robert's Rules of Order. It clearly provides that in a situation where the test is a majority of those present and voting, that abstentions are negative votes, not positive votes in favor of the majority. The old rule used to be that however the other two voted would be the way that those votes would be cast. Mr. Gregg informed that has been changed and changed for a very good reason. Mr. Gregg related to the ethics -type of legislation and the fact that one has to file something that says he/she can't vote on an issue because it involves them and then their abstention was deemed to be a positive vote, then this individual had voted in favor of something he/she shouldn't have been voting for. So they have changed the procedure to make an abstention a negative vote and it's clearly that way in the current version of Robert's Rules of Order, Mr. Gregg concluded. Councilmember Smith said he would like to ask one question, stating it made no difference to him whether a public hearing was held or not, but reading from the Charter, it says "in the event the City Council shall order such public hearing to be held" and it goes on from there, Councilmember Smith said. It uses the word "shall", Mr. Smith said, and asked if "shall" was mandatory. "Shall" is a mandatory command, Mr. Gregg replied, and when it's mandatory then that means that a court can order you to do that which you should have done. It's not discretionary and that's what I'm saying the referenced case says. Councilmember Smith asked if that meant this body has a duty to perform and the City Attorney answered affirmatively. Mayor Coppinger inquired of the City Attorney, under current circumstances, what was the proper procedure at this point regarding this agenda item. City Attorney Gregg advised to first take the vote and see what the outcome is. Then, determination will be made to the effect of abstentions, if they occur, Mr. Gregg stated. Assuming that they do, the thing that would happen next is that I would request the City Secretary to give me certification of the action taken by the Council, i.e., what was on the agenda, what the motion was, and what the vote was. This would then be taken to the County Judge. That's not an early morning turnaround procedure, but it is something that can be done this week, Mr. Gregg informed. Mayor Coppinger asked for a motion. It was moved by Councilmember Smith that, based upon what the City Attorney has explained and his understanding of the Charter, this body go forward with the declarations of the Charter in calling this public hearing. Mayor Coppinger asked for a recommendation of a date in the motion and Mr. Smith asked the City Attorney if it was necessary. City Attorney Gregg replied that was what was on the agenda and recommended it be done item by item. The agenda item says that there will be three separate hearings, therefore, Mr. Gregg advised, to do three separate motions. Councilmember Smith clarified that "A" under Item No. 1 on the agenda would be to call a public hearing for Councilmember Miller, with Mayor Coppinger answering affirmatively and City Attorney Gregg advising to state when it would be held. Councilmember Smith said it was tentatively scheduled for October 26, so it would be set for October 26. Mr. Gregg advised at 7:00 o'clock P. M. Mr. Smith stated he wanted to clarify the point that he was making this motion because he felt the Charter says it has to be addressed regardless of what the vote is. Mayor Coppinger asked that, in keeping with the agenda, would Mr. Smith please put a motion before them, setting a date. Councilmember Smith amended his motion to set the date as October 26, 1993, at 7:00 P. M. Mayor Coppinger asked for a second. Councilmember Weber asked that the motion be amended to hold the hearing in the high school auditorium if it's available because there might not be room if the hearing is held here at this location. City Attorney Gregg stated the hearing had been posted for this site and would have to be held here. Councilmember Weber asked if the hearing could be moved back three days and Mr. Gregg responded there was a problem with timing because there is a five to fifteen day period and advised leaving it as is because it was posted that way under the Open Meeting's Act. There was an interchange between Councilmembers Weber and Smith regarding time frame and site, with Mr. Weber asking if the hearing could be held at the Community Center. City Attorney Gregg stated it had been posted for here at a particular time, tomorrow night, and to modify it now would require an emergency posting. Councilmember Weber asked who came up with this date, time, and locale. Mr. Gregg responded that, as he had mentioned earlier, he had a period of time and had written to the attorney, asking for a convenient time. A discussion was held regarding the possibility of scheduling convenient times, and a determination had to be made as an administrative decision. After I found this out, Mr. Gregg stated, I instructed the City Secretary to post it, tentatively, for tomorrow night. If posting is done again, Mr. Gregg advised, another seventy-two hours notice must be given and then the five to fifteen day time frame comes into bearing and Mr. Gregg advised against this. Councilmember Weber stated that, as required by the Charter, he would second Councilmember Smith's motion. There being no further discussion, Mayor Coppinger called for a show of hands to indicate the vote. Voting "Aye" - Councilmembers Smith and Weber. Voting "No" - None. Abstaining from the vote - Councilmembers Colson, Frank and Miller verbally abstained. 149 Motion failed 2 to 0, with three abstentions. It was moved by Councilmember Weber, seconded by Councilmember Smith, that a public hearing be called for Councilmember Frank on Tuesday, October 26, at 7 o'clock P. M. in the Council Chambers. Mayor Coppinger called for a show of hands to indicate the vote. Voting "Aye" - Councilmembers Smith and Weber. Voting "No" - None. Abstaining from the vote - Councilmembers Colson, Frank and Miller verbally abstained. Motion failed 2 to 0, with three abstentions. It was moved by Councilmember Smith, seconded by Councilmember Weber, that a public hearing be called for Councilmember Colson to be held October 26, 1993, at 7 o'clock P. M. in the Council Chambers. Mayor Coppinger called for a show of hands to indicate the vote. Voting "Aye" - Councilmembers Smith and Weber. Voting "No" - None. Abstaining from the vote - Councilmembers Colson, Frank and Miller verbally abstained. Motion failed 2 to 0, with three abstentions. MEETING RECESSED AT 8:30 P. M. MEETING RECONVENED AT 8:50 P. M. ORDINANCE NO. 450-15, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-15 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 450-15 be passed and approved on its first of two readings. Said Ordinance No. 450-15 reads in caption as follows: ORDINANCE NO. 450-15 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. Councilmember Colson asked for City Attorney Gregg's legal opinion on whether it was appropriate for her to vote on these police department issues with Mr. Gregg's knowledge that Mrs. Colson's husband is a Pearland police officer. Mr. Gregg stated it was his understanding that Mr. Colson's status was not changing by the enactment of this ordinance and Councilmember Colson stated it was not. Mr. Gregg responded in question form that this ordinance applies across the board to everybody in a particular class of officer category, among other things, and asked if it singled Mr. Colson out. Mrs. Colson said it did not. As long as it deals with a class or category of employees, City 150 Attorney Gregg advised, then the Nepotism Statutes Article 5996A does not prohibit you from voting and recognizes that you have a right to vote on that without being in violation of that law. Councilmember Miller asked the City Secretary to make sure that the last statement made by the City Attorney is so noted in the records because Mrs. Colson's voting on certain issues is part of the recall process. City Attorney Gregg asked if this was not part of the first petition and Councilmember Colson answered that it was on both petitions. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. I Motion passed 5 to 0. ORDINANCE NO. 665, WAIVING ENCROACHMENT OF PORTABLE BUILDINGS ON SOUTH GRAND BLVD. Ordinance No. 665 was read in caption by Mayor Coppinger. City Manager Grohman informed that Mr. Medlin had two portable buildings in the City's right-of-way. They pose no problem and Staff recommends approval of this ordinance, Mr. Grohman said. Discussion centered around the mobility of the buildings, the !, length of time the buildings have been there, and that the owner is aware the buildings will have to be moved should a need arise. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 665 be passed and approved on its first of two readings. Said Ordinance No. 665 reads in caption as follows: ORDINANCE NO. 665 AN ORDINANCE WAIVING THE ENCROACHMENT OF TWO CERTAIN PORTABLE BUILDINGS OWNED BY EAGLE NATION, INCORPORATED, EXTENDING INTO THE EASEMENT (ALLEY) LOCATED BEHIND THE MEDLIN OFFICE CENTER, 2404 SOUTH GRAND BOULEVARD IN THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER COLSON FROM REGULAR MEETING OF OCTOBER 11, 1993 It was moved by Councilmember Frank, seconded by Councilmember Weber, that Councilmember Colson be excused from the meeting of October 11, 1993. Motion passed 4 to 0, with Councilmember Colson abstaining. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A FACILITY USE AGREEMENT WITH FIRST BAPTIST CHURCH OF PEARLAND City Manager Grohman recommended approval of this agreement, noting the Park Board voted 3-2 for its approval. This will be a trade- off for use of facilities which are needed at this time, Mr. Grohman said. Councilmember Frank asked permission to discuss the matter and Mayor Coppinger recommended a motion be on the floor before discussion began. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the City Manager be authorized to enter into a facility use agreement with First Baptist Church of Pearland. Councilmember Frank commented that the City and School District were working on, among other things, a joint use facility agreement and stated he was surprised to see this on the agenda. Mr. Frank suggested we continue our progress with the school, noting that the District is a taxing entity and he would rather we not enter into an agreement with a non -taxing entity. City Manager Grohman stated the agreement will expire on March 1, 1994, and there will probably not be another solution in the interim. Councilmember Frank stated he also objected, if he understood the terms of the agreement, to the fact that the City would be paying for the insurance on both ends. There followed a lengthy discussion regarding insurance requirements, other terms of the contract, committing the pool and pavilion during the summer peak months to the church to reciprocate, and, possibly, a conflict regarding interchange with other local churches. Uses of the facility were discussed by Parks Director Ed Hersh and is was brought out that there is a limited availability of other sites. The manner in which Park facilities are reserved and the rates charged were discussed at length. The matter was discussed at length again and the question was called. More discussion ensued regarding the number of teams to use this facility and the amount of revenue that might be generated. When asked if the church facility could be rented outright, Mr. Hersh responded the church was only willing to enter into agreement on a bartering system. Dr. Bill Chase, Chairman of the Parks Board, addressed the Council and recommended approval of the agreement. Mr. Chase discussed the current uses of school gymnasium facilities. The question was called again. Motion failed' 3 to 2, with Councilmembers Miller, Frank, and Colson voting no. �n��,,� APPOINTMENT AND/OR REAPPOINTMENT OF THREE MEMBERS TO PARKS BOARD Councilmember Frank asked City Attorney Gregg to comment on this item being discussed in Executive Session. Mr. Gregg stated there was an Attorney General's opinion on this subject which says it should be in open session as this is an advisory board to the City. Councilmember Frank informed Council that he had contacted the three members up for reappointment and received indication two of them did not wish to be reappointed to the Board. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Retta Absher be reappointed to the Parks Board. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Michelle Lilie be appointed to the Parks Board. Motion passed 3 to 2, with Councilmembers Frank and Miller voting no. In attempting to make the third choice, it was noted that were several good applicants who have served the community well. 152 Mayor Coppinger said he would recognize Councilmember Weber or Councilmember Colson for the next recommendation. Councilmember Weber thanked the Mayor but stated he would like to defer to Councilmember Miller who serves as liaison to this Board. Councilmember Miller noted there were several good choices. It was moved by Councilmember Miller, seconded by Councilmember Weber, that Nell Fuller be appointed to the Parks Board. Motion passed 5 to 0. RESOLUTION NO. R93-36, ENDORSING EFFORTS TO INFORM CITIZENS ABOUT IMPACT OF FEDERAL MANDATES Resolution No. R93-36 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-36 be passed and approved on its first and only reading. City Manager Grohman explained the purpose of this document which is sponsored by the National League of Cities and the Texas Municipal League in an effort to stop Congress from placing huge financial burdens on cities through their unfunded mandates. RESOLUTION NO. R93-36 A RESOLUTION ENDORSING THE EFFORTS OF THE NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO INFORM CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES ON CITY FINANCES AND THE BURDENS THEY IMPOSE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-37, AUTHORIZING STOP SIGNS (HATFIELD AND FITE ROADS) Resolution No. R93-37 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Weber, that Resolution No. R93-37 be passed and approved on its first and only reading. Said Resolution No. R93-37 reads in caption as follows: RESOLUTION NO. R93-37 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A TWO-WAY STOP INTERSECTION FOR NORTHBOUND AND SOUTHBOUND TRAFFIC AT THE INTERSECTION OF HATFIELD AND FITE ROADS; AND FURTHER TO PROVIDE FOR THE REMOVAL OF CERTAIN STOP SIGNS FOR EASTBOUND AND WESTBOUND TRAFFIC AT THIS SAME INTERSECTION. It was noted Councilmember Weber recommended this item which will move the stop signs from their placement on the predominant artery to the opposite sides of the intersection. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. 153 Motion passed 5 to 0. RECOMMENDATION BY PARKS BOARD REGARDING RENAMING OF MCLEAN PARK TO CENTENNIAL PARK City Manager Grohman stated this request was originally presented by Tom Reid, Chairman of the Centennial Commission. The Parks Board has approved it and Staff recommends it also. It is not known, Mr. Grohman said, whether the park was ever actually named McLean Park, but it is thought the name came from its location on McLean Road. It was moved by Councilmember Frank, seconded by Councilmember Colson, that McLean Park be renamed Centennial Park in honor of the City's Centennial observance in 1994. Motion passed 5 to 0. RESOLUTION NO. R93-38, AUTHORIZING DEVELOPMENT AGREEMENT FOR UTILITY SERVICE TO BLOCKBUSTER ADDITION Resolution No. R93-38 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R93-38 be passed and approved on its first and only reading. Division Director Richard Burdine explained Blockbuster Video plans to locate in this area in the undeveloped portion of the AppleTree area which extends up to the drainage ditch on the west side of FM 518. It is recommended the cost to carry sewer across Main Street (SH 35) be shared with the developer. This will relieve an overloaded manhole in the vicinity of Orange Street and the railroad tracks. The estimated cost is $13,610 which will be split by the City and the developer. Council discussed the placement of the extension of the utility r- service and what areas would benefit. Said Resolution No. R93-38 reads in caption as follows: RESOLUTION NO. R93-38 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH DONALD M. WHITE, TRUSTEE, FOR EXTENSION OF UTILITY SERVICE TO THE BLOCKBUSTER ADDITION. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF OAKBROOK, SECTION III, BENTON BLAND INTEREST, DEVELOPER, LENTZ ENGINEERING, ENGINEER City Engineer John Hargrove stated all was in order and recommended approval. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Oakbrook, Section III, be accepted. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 9:43 P. M. W, Minutesapprovedas submitted and/or corrected this day of A. D•, I . V. Q6pelnger,,Kayor ATTEST: Pat Jones, ty Secretary *Correction is noted on Page 143 of the Minutes of this meeting. *Correction is noted on Page 151 of the Minutes of this meeting.