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1993-11-22 CITY COUNCIL REGULAR MEETING MINUTES174 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 22, 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 Councilmember Councilmember City Manager City Attorney City Secretary Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: City Engineer John Hargrove, Police Chief Mike Hogg, and Attorney Dick Gregg, III. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the regular meeting of November 9, 1993, be approved as submitted. Motion passed 4 to 0, with Councilmember Smith absent from the Chambers at this time. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation to the Marine Corps Reserve for "Toys for Tots." Members of the Exchange Club accepted the proclamation along with First Sgt. Jones. Mayor Coppinger reported he attended the opening of Rustic Oak School and a Tri -Tech luncheon. Mr. Coppinger informed he also attended the Exchange Club's annual prayer breakfast. Mayor Coppinger reported he had sat in Brazoria County Judge May's courtroom this morning and Judge May granted an injunction for the December 11, 1993, special recall election. Mayor Coppinger stated the petitioners have three options: 1) they can appeal the Judge's ruling; 2) they can redraw and recirculate the petitions; and 3) they can drop the proceedings. Mayor Coppinger stated he realized a large number of people had signed the petitions but urged the proceedings to be dropped, waiting until the May elections. COUNCIL ACTIVITY REPORTS Councilmember Miller stated he concurred with Mayor Coppinger's remarks and had nothing else to report at this time. Councilmember Frank reported his attendance at both the Rustic Oaks' and Challenger Schools' openings. Mr. Frank reported he and Councilmember Weber met with the School District's liaisons and as a result of that meeting, there is an item on this evening's agenda for a facilities use agreement. UM Councilmember Colson announced the unveiling of the Centennial painting has been set for December 15 from 5:30 P. M. to 7:30 P. M. at Golfcrest Country Club and invited all to attend. Councilmember Weber reported his attendance at the Tri -Tech luncheon, the meeting with the School District liaisons, the Leadership Committee meeting held at the Chamber of Commerce, the Exchange Club Breakfast, and Brazoria County Cities Association's monthly meeting. Mr. Weber reported he was present at Judge May's court session and stated he appreciated Mayor Coppinger's remarks. Councilmember Smith informed he had attended most of the mentioned meetings, and referring to Judge May's court decision, urged all the work together for peace. Mayor Coppinger reminded all of the City's tree lighting ceremony and Parks Director Ed Hersh informed it will be on the front lawn of City Hall on December 2 and encouraged all to come. CITY MANAGER'S REPORT City Manager Grohman reported on the workshop held this evening with J. T. Dunkin & Associates regarding the park master plan for the City. our paving program with the County will begin again soon, Mr. Grohman informed, starting with Magnolia and then on to the Sleepy Hollow area. The Police Department experienced its heaviest month for contacts in October, Mr. Grohman informed. Closing his remarks, City Manager Grohman stated some checking had been done and, apparently, Councilmember David Smith, who recently became a certified Emergency Management Coordinator, is the only non -paid volunteer among those surveyed. It was reported single family dwelling building permits are projected to be approximately 500 by the year's end. CITIZENS 1. Catherine O'Brien, 3010 Country Club. Mrs. O'Brien spoke about the impact of the Brio site on our area. 2. Jack Roberts, 2918 Green Tee. Mr. Roberts signed to speak but declined. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-40 It was moved by Councilmember Colson that Ordinance No. 509-40 be removed from the table. Motion failed for lack of a second. COUNCIL ACTION ON FIRST READING OF ORDINANCE NO. 509-40 Mayor Coppinger informed this item could not be considered as the motion to remove it from the table had not passed and Mr. Coppinger briefly related some of the history of this item. NEW BUSINESS AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A FACILITIES USE AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT City Manager Grohman reported agreement had been reached by the City's and District's liaisons, as well as by School Superintendent James Schleider and himself. City Attorney Gregg drafted the i 176 agreement, Mr. Grohman informed, so that it could be put in place fairly quickly. Continuing his remarks, Mr. Grohman stated the intent is to use school property primarily for recreational purposes which will be outlined at some future date. The second purpose of the agreement is to allow the District to use our Council Chambers for meetings. The contract will only extend through May, 1994. Both entities will pay their way, City Manager Grohman informed. Staff recommends approval, Mr. Grohman said. Councilmember Frank stated the District is building its own meeting place and Mr. Grohman informed that he had heard that, although the District will have available space, it may continue to use our meeting place if this agreement works out well. It was moved by Councilmember Smith, seconded by Councilmember Frank, that the City Manager be authorized to enter into a facilities use agreement with Pearland Independent School District. Councilmember Miller verified that Councilmembers Frank and Weber, liaisons with the School District, were in favor of this agreement. Motion passed 5 to 0. RESOLUTION NO. R93-47, URGING LEGISLATURE TO AMEND ARTICLE XVI, SECTION 40 OF CONSTITUTION Resolution No. R93-47 was read in caption by Mayor Coppinger. Councilmember Weber informed he had asked for this item to be placed on the agenda. The document was presented at Texas Municipal League's annual conference in October and was adopted by Brazoria County Cities Association. Councilmember Weber read Resolution No. R93-47 in its entirety. Closing his remarks, Councilmember Weber urged the adoption of this resolution, stating that public school teachers are the backbone of our society and are worthy of receiving compensation for their service as councilmembers. City Attorney Gregg advised that a motion was necessary and Councilmember Weber stated his closing remarks constituted his motion. This motion was seconded by Councilmember Frank. Resolution No. R93-47 reads in caption as follows: RESOLUTION NO. R93-47 A RESOLUTION URGING THE TEXAS LEGISLATURE TO PLACE AN AMENDMENT TO ARTICLE XVI, SECTION 40 OF THE TEXAS CONSTITUTION ON THE ELECTION BALLOT FOR THE PURPOSE OF AUTHORIZING PUBLIC SCHOOL TEACHERS TO RECEIVE COMPENSATION FOR SERVING AS MEMBERS OF THE GOVERNING BODIES OF CITIES, TOWNS OR OTHER LOCAL GOVERNMENTAL DISTRICTS. Councilmember Miller asked City Attorney Gregg's advice on whether he should vote on this issue as he is a public school teacher. Mr. Gregg ruled that, while this does pertain to a class or group, Mr. Miller is, for this reason, entitled to vote; however, in light of today's events, it would be best for him to abstain. Councilmember Weber asked for Mr. Gregg's ruling in Councilmember Colson's situation as she is a certified teacher. Mrs. Colson informed that she holds a teacher's certificate but does not presently teach. City Attorney Gregg ruled that it was not a problem as she does not teach at this time. Voting "Aye" - Councilmembers Smith, Weber, Colson, and Frank. Voting "No" - None. Abstaining - Councilmember Miller. Motion passed 4 to 0, with Councilmember Miller abstaining. DIRECTIVE TO INVESTIGATOR, MIKE OUALLINE, TO COMPLETE HIS INVESTIGATION ON FIRST TWO ALLEGATIONS ASSIGNED TO HIM, PRIOR TO COMPLETION OF THE BALANCE OF HIS INVESTIGATION Councilmember Frank stated he and Councilmember Miller had asked for this item on the agenda. Referring to correspondence from Mr. Oualline, Mr. Frank informed that it appeared the investigator's intent was to complete all areas of the investigation before his report. Councilmember Frank stated that, as he and Mr. Miller had originally put this item on the agenda and considering the time frame, they would like to see the first two items completed first. It was moved by Councilmember Frank that the City Attorney be instructed to instruct the investigator to finish the first two items on the allegations assigned to him and report back to Council before the other five items are finished. City Attorney Gregg asked that the two items be read for the record and Councilmember Frank stated he did not have the list before him. Mr. Gregg confirmed it was the first two on the list and Mr. Frank agreed. The motion was seconded by Councilmember Miller. Councilmember Smith objected to the investigator being told how to do the job he was given to do. Councilmember Frank stated he had brought the subject up when the investigator was interviewing him and Mr. Oualline had no problem with this procedure but suggested it be handled through Council action. Mr. Frank informed he discussed this with City Attorney Gregg who advised to put it on the agenda. Mr. Gregg stated the reason it needed to be on the agenda was because it was passed as a group of seven items. Councilmember Smith interjected that he still maintained the individual shouldn't be told how to do his job. Mayor Coppinger questioned the details of how the item came to be placed on the agenda. Councilmember Frank explained the procedures followed. City Attorney Gregg stated he had spoken with Mr. Oualline today and stated if the investigation was left as is, with seven items, the investigator expects to be through by December 21. If it is shortened, Mr. Gregg stated, Mr. Oualline anticipates it will be no more than an additional five hours. Councilmember Frank withdrew his motion as did Councilmember Miller his second. Mr. Frank stated he did not know of the time frame until now and Mr. Gregg stated he did not know until this afternoon. ADJOURNMENT The meeting adjourned at 8:12 P. M. Minut s approved as submitted and/or corrected this /_3 day of f=e- A. D., 1993. /' C. V. Coppi fir, Mayor ATTEST: f ✓ y " t�- Pat Jones, C* Secretary i�,'