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1992-05-27 CITY COUNCIL REGULAR MEETING MINUTESrUM M MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON MAY 27, 1992, AT 7:30 P. M. IN THE COUNCIL CHAM- BERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Interim City Manager City Attorney City Secretary C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson Glen Erwin Lester Rorick Pat Jones Absent from the meeting: Councilmember Wolff INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the regular meeting of May 11, 1992, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the special meeting of May 16, 1992, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed the week of June 7th - 13th as "Safe Boat- ing Week." A representative of the Coast Guard Auxiliary accepted the proclamation. Mayor Coppinger asked Mr. Bill O'Dell of the Pearland Journal to introduce Ms. Joan Fisher who will be covering Council meetings for the newspaper in place of Mrs. Delores Fenwick who will no longer serve in this capacity. COUNCIL ACTIVITY REPORTS Councilmember Weber reported he had been contacted regarding the HOPE II Project. Mr. Weber also reported he had received a petition re- garding through traffic on Westminster and suggested that prohibitive signs be placed in this area. Councilmember Frank reported he also had been contacted about the HOPE II project. Mr. Frank reported Jack McGuff, architect for the Melvin Knapp Activity Building expansion, has given him the warranties and operations manuals on this completed project. Councilmember Miller stated he, too, had been contacted by Mr. George Rush of the HOPE II project soliciting his support. Councilmember Colson had nothing to report at this time. i 64 MAYOR'S ACTIVITY REPORT: Continued Mayor Coppinger commended the Police Department and its recent Awards Night presentation. Mayor Coppinger also applauded the efforts of the D.A.R.E program and reported on its graduation program. Mayor Coppinger asked City Manager Erwin to report on the progress of the drainage pipe being installed along Orange Street, the FM 518 widening project, and the status of McLean Park. Mayor Coppinger began a discussion of the HUD HOPE II project which has asked through its representative, Mr. George Rush, for a letter endorsing their efforts. Mayor Coppinger informed there would be no liability on the part of the City and HUD will oversee the financial` matters in this endeavor. After much discussion, it was the consensus of Council that more information is needed before a decision to support this project can be reached. Mayor Coppinger asked City Secretary Pat Jones to assist him as he presented a Certificate of Recognition to Mrs. Delores Fenwick for her coverage of Council meetings in her capacity as Executive Editor of the Journal newspaper. Mrs. Fenwick has chosen to resign this posi- tion and Mayor Coppinger complimented her for her fine coverage of the activities of the Council. DEPARTMENTAL REPORTS: None CITIZENS 1. Frances Jamison, FM 518. Ms. Jamison relinquished her time to Ms. Daphne Hereford who spoke about right-of-way and a settlement with Ms. Jamison. 2. Vira Moore, 2716 Hotsprings. Ms. Moore spoke about a griev- ance procedure under the personnel ordinance and a possible conflict of interest. 3. Charles McMurray, 5209 Springbranch. Mr. McMurray spoke about road repair in the City and maintenance of detention ponds. 4. Jim DeShazer, 2203 Cedar. Mr. DeShazer spoke about use of the Melvin Knapp Activity Building. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 628, ABANDONMENT OF A 20' ACCESS EASEMENT IN GREEN TEE TERRACE TOWNHOUSE RESERVE Ordinance No. 628 was read in caption by Councilmember Miller. (Second and final reading) It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 628 be passed and approved on its second and final reading. Said Ordinance No. 628 reads in caption as follows: ORDINANCE NO. 628 AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN 20' ACCESS EASEMENT, CONSTITUTING A PORTION OF BLOCK 7 OF GREEN TEE TERRACE TOWNHOUSES, PEARLAND, HARRIS COUNTY, TEXAS. Voting "Aye" - Councilmembers Colson, Miller, Frank, and Weber. 65 Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS AWARD OF BID NO. B92-6, REROOFING OF INDEPENDENCE PARK POOL HOUSE Council considered the following bids: BIDDER BASE BID DAYS UNIT #1 UNIT #2 BOND CON-TEX SERVICES, INC. $15,000 45 $4.00 SQ.FT $5.00 SQ.FT YES SEA -BREEZE ROOFING, INC. $14,740 5 $0.45 SQ.FT $0.75 SQ.FT YES HAWK ROOFING & SHEET METAL, INC. $14,990 10 $2.00 SQ.FT $3.00 SQ.FT CASH.CHK City Manager Erwin reported these three bids were opened this morning. Jack McGuff, architect for the project, informed that all companies were qualified and recommended award of bid to the low bidder, Sea - Breeze Roofing, Inc. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Bid No. B92-6 be awarded to Sea -Breeze Roofing in the amount of $14,740.00. Motion passed 4 to 0. AUTHORIZATION TO EXTEND CONTRACT WITH BAXTER'S ASSISTANCE SERVICES FOR AN EMPLOYEE ASSISTANCE PROGRAM City Manager Erwin explained this program was begun last year as a part of our drug policy and asked that Council consider extending this program which has a contract expiration date of May 22, 1992, or explore some other avenues for this service. In discussion, it was the consensus of Council that more information was needed and it was noted that the insurance policy had expired. It was moved by Councilmember Colson, seconded by Councilmember Weber, that this item be passed until further information can be provided. Motion passed 4 to 0. ORDINANCE NO. 421-6, AMENDING SUBDIVISION ORDINANCE TO ALLOW FOR A SHORT FORM PLATTING PROCESS Councilmember Frank, former member of the Planning and Zoning Commis- sion, stated this ordinance has been needed for quite some time and will be helpful. Mr. Al Lentz, Chairman of the Planning and Zoning Commission, agreed that the City has needed this statute for sometime and stated it tracks state law and will alleviate problems in the old townsite. Council discussed the various zoning sections it will apply to and it was noted that a fee schedule will have to be adopted by the Council for this process. Ordinance No. 421-6 was read in caption by Councilmember Weber. (First reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, i 66 that Ordinance No. 421-6 be passed and approved on its first reading. Said Ordinance No. 421-6 reads in caption as follows: ORDINANCE NO. 421-6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, TEXAS, AT CHAPTER 27, SUBDIVISIONS, BY ADDING SECTION 27-10 FOR THE PURPOSE OF ESTABLISHING RULES AND PROCEDURES FOR AMENDING PLATS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 4 to 0. RATIFICATION OF EMPLOYMENT AGREEMENT WITH MR. PAUL GROHMAN TO FILL POSITION OF CITY MANAGER Mayor Coppinger reported on the meeting with Mr. Grohman on May 26th to discuss employment details. Mayor Coppinger informed that the salary agreed upon was $65,000.00 with a start date of June 2nd through June 10th with June 8th being the most likely. In addition to moving costs, the City has agreed to pay for the rental of an apart- ment for one month and one or two days in a hotel, if necessary. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Council agree to provide Mr. Grohman with these items and fill the position of city manager as soon as possible. In discussion, Mayor Coppinger informed an apartment has been rented at the Whispering Winds complex but no rental figure was known at this time. Mr. Grohman will be provided with the normal personnel provi- sions and will have a city vehicle at his disposal rather than receive a car allowance. Motion passed 4 to 0. Council discussed the manner in which the hiring process took place and commended all involved in this lengthy process. Mayor Coppinger called attention to an employment agreement published by the Texas Municipal League and while our city has not used it in the past, it appears to be a coming thing with protection afforded both to the city manager candidate as well as the City. It was announced there will be an employee breakfast on June 10th from 7:30 to 9:30 A. M. and all employees will be encourage to drop by during those hours and have breakfast and meet Mr. Grohman, the new city manager. Possible dates for a Council retreat were discussed, with July 10th - 12th as the most likely. COUNCIL DECISION ON DATE FOR WORKSHOP MEETING AND AGENDA ITEMS TO BE CONSIDERED AT THIS MEETING It was the consensus of Council that a workshop meeting would be held on June 1st at 6:00 P. M. to discuss, among other things, the follow- ing topics: 1) opening of Myrtlewood Drive; 2) streets and roads; 3) maintenance of park facilities; and 4) through traffic on Westminster and in Green Tee. CITY ACCEPTANCE OF BANBURY CROSS, SECTION II City Manager Erwin reported all was in compliance on the acceptance of this subdivision. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Banbury Cross, Section II, streets, water system, sanitary sewer system and drainage be accepted by the City. Me Motion passed 4 to 0. COUNCIL DECISION ON PARTICIPATION WITH PEARLAND INDEPENDENT SCHOOL DISTRICT REGARDING REMAINING UNRESOLVED ITEMS OF MUTUAL INTEREST Council discussed the requests of the School District and asked that City Attorney Rorick write and/or review a letter to the District regarding the ensuing motion. After much discussion, Councilmember Frank made the following motion: With regard to Letter of Agreement from the Pearland Independent School District dated March 4, 1992, item A is approved; item B is approved; item B(1) is agreed to; item C is no - the City will approve all specifications and plans; the City will not have any in house inspections and the City will charge for our costs to have our plans checker to check plans and specs. This motion was seconded by Councilmember Weber. In discussion it was noted that item B(2) has already been approved. It was suggested the motion be amended to use the words "required inspections" so that the City could have the option of inspecting the job site if thought necessary. The motion was amended accordingly. Motion passed 4 to 0. AUTHORIZATION TO BID SIDE BOOM MOWER FOR STREETS AND DRAINAGE DIVISION OF PUBLIC WORKS DEPARTMENT City Manager Glen Erwin stated this equipment has been budgeted for and recommended authorization to bid. It was moved by Councilmember Colson, seconded by Councilmember Weber, that authorization be given to bid a side boom mower for the Streets and Drainage Division of the Public Works Department. Motion passed 4 to 0. DISCUSSION AND/OR AUTHORIZATION FOR THE FORMATION OF A THOROUGHFARE COMMITTEE Mayor Coppinger informed that the Chamber of Commerce has an Infra- structure Committee already in operation and named many of the enti- ties and individuals who are on this committee. Councilmember Miller stated he had asked this item be placed on the agenda and would like to see a smaller group which could get some things done. Mr. Miller continued he would like to see a group com- posed of nine people. These nine individuals would be a person from the Chamber of Commerce, a member of the Planning and Zoning Commis- sion, the city manager, the city engineer, with the last five members being composed of an individual of each Councilmember's choice. The Council would act as a liaison to this group. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the formation of a thoroughfare committee be put on the June 1st workshop agenda for further discussion. It was suggested that a meeting with Bill Walsh, who is chairman of the Chamber committee, be held to receive input about the infrastruc- ture committee's progress. Motion passed 4 to 0. COUNCIL DECISION ON RULES PERTAINING TO USE AND CHARGES FOR MELVIN KNAPP ACTIVITY BUILDING Councilmember Miller stated that there appeared to be many rumors regarding the use of this facility and the misunderstanding that it would be taken away from the senior citizens of the community. 68 Councilmember Miller referred to the May 9, 1992, meeting of the Parks Board in which fees were suggested for the use of the new portion of the building only. The Parks Board has recommended that the older section of the building remain for the exclusive use of the seniors. Mr. Miller continued by stating that the same rules and regulations which have been in effect since December, 1985 will still apply with the exception that alcoholic beverages will now be allowed. Council discussed security measures required when alcoholic beverages are present. It was considered that the fees for use of the Melvin Knapp Building should not be more than those charged for the rental of the Community Center. The new kitchen facilities and possible damage to the appliances were discussed. After much discussion, it was moved by Councilmember Colson, seconded'; by Councilmember Miller, that Council adopt the same fees for rental— as the Community Center for the new portion of the Melvin Knapp Build- ing with the same rules applicable except no alcoholic beverages will be allowed and that it be made available only when the Community Center is not available and that other rules remain in effect. After much more discussion, the question was called and Council voted 3 to 1, with Councilmember Frank voting no. COUNCIL DECISION ON ON-CALL PAY SETTLEMENTS Mayor Coppinger informed this item would be considered after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:30 P. M. UNDER TEXAS RE- VISED 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 (g) PERSONNEL - Discussion with attorney respecting settlement of on-call pay claims. MEETING RETURNED TO OPEN SESSION AT 11:20 P. M. Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. NEW BUSINESS: Continued COUNCIL DECISION ON ON-CALL PAY SETTLEMENTS No action was taken at this time. ADJOURN The meeting adjourned at 11:22 P. M. M' utes approved as submitted and/or corrected this day of A. D., 1992. ATTEST: Pat ones, Cj'Fy Secretary 2 C. V. Cop i ger, M yor