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1994-02-22 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 22, 1994, AT 7:55 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 Division Director D. A. Miller Benny Frank Randy Weber David Smith Glen Erwin Assistant City Secretary Tommie Jean Vial Others in attendance: City Engineer John Hargrove Absent from the Meeting: City Manager Paul Grohman, City Attorney Dick Gregg, Jr. and City Secretary Pat Jones. PURPOSE OF THE MEETING 1. ACCEPTANCE OF REPORT BY 1993 CHARTER REVIEW COMMISSION AND CITY ATTORNEY'S COMMENTS ATTACHED THERETO INTO RECORDS OF CITY AND DIRECTION TO HAVE SAID REPORT PUBLISHED IN OFFICIAL NEWSPAPER OF THE CITY. It was moved by Councilmember Colson, seconded by Councilmember Weber to accept the Report of the 1993 Charter Review Commission and the City Attorney's comments attached thereto into the records of City and to direct the City Secretary to have the report published in the official newspaper. Motion passed 5 to 0. (A COPY OF THE REPORT BY THE 1993 CHARTER REVIEW COMMISSION IS ATTACHED HERETO) 2. DETERMINATION BY COUNCIL OF RECOMMENDED AMENDMENT OR AMENDMENTS TO BE SUBMITTED TO THE VOTERS OF THE CITY AT THE MAY 7, 1994 ELECTION. Section 1.02 Incorporation and Section 3.01 Number and Selection of TERM It was moved by Councilmember Weber, seconded by Councilmember Frank to accept the Commissions' recommended revisions to Sections 1.02 and 3.01 to be presented to the voters in May. Motion passed 5 to 0. Section 3.01 (e) Mayor Term Limits It was moved by Councilmember Frank, seconded by Councilmember Colson to accept the Commissions' recommended revision to Section 3.01 (e) to be presented to the voters. Motion failed 4 to 1. Councilmember Colson voting yes. Section 3.04 Compensation It was moved by Councilmember Weber, seconded by Councilmember Smith to take no action on the Commissions' recommended revision to Section 3.04. Motion passed 5 to 0. 240 Section 3.08 Meeting of the City Council It was moved by Councilmember Weber, seconded by Councilmember Miller to deny presenting the Commissions, recommended revision to Section 3.08 to the voters. Motion passed 5 to 0. Section 3.08 Meeting of the City Council (grammatical change) It was moved by Councilmember Frank, seconded by Councilmember Miller to accept the Commissions, recommended revision to Section 3.08 (second part) to be presented to the voters. Motion passed 5 to 0. Section 3.12 Investigation by the City Council It was moved by Councilmember Weber, seconded by Councilmember Frank to deny presenting the Commissions, recommended revision to Section 3.12, Investigation by the City Council, to the voters. Motion passed 5 to 0. Section 4.01 (a) City Manager It was moved by Councilmember Frank, seconded by Councilmember Colson to accept the Commissions, recommended revision to Section 4.01 (a), to be presented to the voters. Motion 5 to 0. Section 4.01 (c).1 Duties of the City Manager It was moved by Councilmember Frank, seconded by Councilmember Miller to deny presenting the Commissions, recommended revision to Section 4.01 (c).1 to the voters. Motion passed 4 to 1, Councilmember Smith voting no. Section 4.01 (d) Assistant City Manager It was moved by Councilmember Colson, seconded by Councilmember Smith to accept the Commissions, recommended revision to Section 4.01 (d) to be presented to the voters. Motion passed 5 to 0. Section 4.02 (b) Special Police It was moved by Councilmember Weber, seconded by Councilmember Colson to accept the Commissions, recommended revision to Section 4.01 (b), Special Police, to be presented to the voters. Motion passed 5 to 0. Section 4.04 Department of Taxation It was moved by Councilmember Colson, seconded by Councilmember Miller to accept the Commissions, recommended revision to Section 4.04 to be presented to the voters. Motion passed 5 to 0. Section 4.06 (d) Municipal Court (grammatical change) It was moved by Councilmember Weber, seconded by Councilmember Frank to accept the Commissions, recommended revision to Section 4.06 (d) to be presented to the voters. Motion passed 4 to 1, Councilmember Colson voting no. Section 4.08 (c) Department of Sanitation and Health It was moved by Councilmember Weber, seconded by Councilmember 241 Frank to accept the Commissions' recommended revision to Section 4.08 (c) to be presented to the voters. Motion passed 5 to 0. Section 4.08 (d) Air and Water Pollution It was moved by Councilmember Colson, seconded by Councilmember Miller to accept the Commissions, recommended revision to Section 4.08 (d) to be presented to the voters. Motion passed 5 to 0. I` Section 4.09 Volunteer Fire Department It was moved by Councilmember Frank, seconded by Councilmember Colson to deny presenting the Commissions, recommended revision to Section 4.09 to the voters. Motion passed 5 to 0. Section 4.11 Department of Public Safety It was moved by Councilmember Frank, seconded by Councilmember Colson to accept the Commissions, recommended revision to Section 4.11 to be presented to the voters. Motion passed 5 to 0. Section 4.13 Other Departments It was moved by Councilmember Weber, seconded by Councilmember Colson to deny presenting the Commissions, recommended revision to Section 4.13 to the voters. Motion passed 5 to 0. Section 5.05 Ballots It was moved by Councilmember Frank, seconded by Councilmember Colson to accept the Commissions, recommended revision to Section 5.05 to be presented to the voters. Motion passed 5 to 0. Section 5.06 Election by Majority It was moved by Councilmember Smith, seconded by Councilmember Frank to accept the Commissions, recommended revision to Section 5.06 to be presented to the voters. Motion passed 5 to 0. Section 6.01 General Powers It was moved by Councilmember Frank, seconded by Councilmember Miller to accept the Commissions, recommended revision to Section 6.01 to be presented to the voters. Motion passed 5 to 0. Section 6.05 Various Papers Constituting Petition (grammatical change) It was moved by Councilmember Frank, seconded by Councilmember Smith to deny presenting the Commissions, recommended revision to Section 6.05 to the voters. Motion passed 4 to 1, Councilmember Weber voting no. Section 6.08 Election to be Called It was moved by Councilmember Smith, seconded by Councilmember Weber to accept the Commissions, recommended revision to Section 6.08 to be presented to the voters. 242 Motion passed 5 to 0. Section 6.13 Initiative After a lengthy discussion regarding this item, the following motion was made. It was moved by Councilmember Smith to accept the Commissions' recommended revision to Section 6.13 to be presented to the voters. The motion died for lack of second. A discussion was held regarding the verbiage of the Commissions' recommended revision. It was suggested the maker amend the motion to accept the Commissions' recommended revision to Section 6.13, subject to the City Attorney's approval. It was moved by Councilmember Smith, seconded by Councilmember Colson to accept the Commissions' recommended revision to Section 6.13, subject to the City Attorney's approval. It was further suggested that the maker and seconder amend the motion to include that it be subject to the City Attorney's approval by Monday. It was moved by Councilmember Smith, seconded by Councilmember Colson to accept the Commissions' recommended revision to Section 6.13, with the correct language to be approved by the City Attorney by Monday, February 28, 1994. Motion passed 5 to 0. MEETING RECESSED AT 8:25 P. M. MEETING RECONVENED AT 8:35 P. M. Section 7.02 Zoning Board of Adjustment It was moved by Councilmember Smith, seconded by Councilmember Frank to accept the Commissions' recommended revision to Section 7.02 to be presented to the voters. Motion passed 5 to 0. Section 7.02 Zoning Board of Adjustment It was moved by Councilmember Frank, seconded by Councilmember Weber to accept the Commissions' recommended revision to Section 7.02 to be presented to the voters. Motion passed 5 to 0. Section 8.11 Effective Date of Budget After a lengthy discussion regarding this item, the following motion was made. It was moved by Councilmember Weber, seconded by Councilmember Smith to accept the Commissions' recommended revision to Section 8.11 to be presented to the voters. Motion passed 5 to 0. Section 8.12 Budget Established Appropriations It was moved by Councilmember Frank, seconded by Councilmember Weber to deny presenting the Commissions' recommended revision to Section 8.12 to the voters. Motion passed 5 to 0. Section 8.12 Budget Established Appropriations It was moved by Councilmember Smith to accept the Commissions' Z4 recommended revision to Section 8.12 to the voters. A lengthy discussion ensued regarding this section. Motion died for lack of second. It was moved by Councilmember Frank, seconded by Councilmember Miller to deny presenting the Commissions' recommended revision to Section 8.12 to the voters. Motion passed 4 to 1, Councilmember Smith voting no. Section 10.04 Notice of Claim It was moved by Councilmember Weber, seconded by Councilmember Colson to accept the Commissions' recommended revision to Section 10.04 to be presented to the voters. Motion passed 4 to 1, Councilmember Frank voting no. Section 10.11 Interim Municipal Government (grammatical error) It was moved by Councilmember Frank, seconded by Councilmember Weber to accept the Commissions' recommended revision to Section 10.11 to be presented to the voters. Motion passed 5 to 0. Section 10.15 Charter Review Commission It was pointed out by the Chairman of the Charter Review Commission, Patsy Eilers, that there was a typographical error in their report where their recommendation was that "the City Council shall appoint a standing Charter Review Commission". It should have said "the City Council shall appoint a standing Charter Review Committee. It was moved by Councilmember Weber, seconded by Councilmember Colson to approve placing Section 10.15 Charter Review Committee, misspelled, on the agenda to the voter and have it approved by the City Attorney. Motion passed 5 to 0. Section 10.15 (a).1 Charter Review Commission It was moved by Councilmember Frank, seconded by Councilmember Colson to accept the Commissions' recommended revision to Section 10.15 (a).1 to be presented to the voters. Motion passed 5 to 0. Section 10.15 Charter Review Commission It was moved by Councilmember Weber, seconded by Councilmember Frank to reconsider Section 10.15. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Frank that Section 10.15 Charter Review Commission not be added to the ballot for the Charter Review Commission recommendation. Motion passed 5 to 0. It was further moved by Councilmember Weber, seconded by Councilmember Colson that the second Section 10.15, under Charter Review Committee, entitled "NOTE TO CITY COUNCIL", that the Council consider revision of Charter Review Committee, I would make my motion that that recommendation be placed on the ballot. Motion passed 5 to 0. Thanks were given the Charter Review Commission and everyone else who were involved. M It was suggested by Chairman of the Charter Review Commission, Patsy Eilers to look into the question of having five alternate members appointed to the Zoning Board of Adjustment. ADJOURNMENT The meeting adjourned at 9:10 p. m. Minutes approved as submitted and/or corrected this 2-J' day of A. D., 1994. ATTEST: Pa Jones, ity Secretary, TRMC C. V. Coppinger, Mayor