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1992-06-22 CITY COUNCIL REGULAR MEETING MINUTESAM• MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JUNE 22, 1992, 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 Randy Weber Councilmember D. A. Miller Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Benny Frank Joy Colson David Smith Paul Grohman Glen Erwin Lester Rorick Pat Jones The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Weber, that the minutes of the regular meeting of June 8, 1992, be approved as presented. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Parks Board meet- ing on June 13th and at the Brazoria County Cities Association meeting in Freeport on the 17th of the month. Mr. Miller stated he appreciat- ed receiving the minutes of the recent Infrastructure Committee meet- ing and suggested this committee advocate for roads inside the City more so than regional routes. Councilmembers Frank and Weber had nothing to report at this time. Councilmember Colson congratulated Councilmember Miller who was sworn in as President of Brazoria County Cities Association at the meeting on June 17th. Councilmember Smith reported he was not able to attend the last Infra- structure Committee meeting but did see that everyone got copies of the minutes. Mr. Smith commented on a Clean Pearland Board meeting he attended where he asked the Board of Directors, as well as the Chamber of Commerce, to go on record to do all possible to stop the excavating at the Brio site. Councilmember Smith stated he felt this obviously was a problem but was better left alone rather than excavated because the repercussions of incineration are unknown. In closing, Council - member Smith brought the Council up to date on the activities of thei Clear Creek Watershed. MAYOR'S ACTIVITY REPORT Mayor Coppinger recognized Professor Ed Leonard of San Jacinto College from the audience as well as two students from his classes. Mayor Coppinger welcomed City Manager Paul Grohman to his first offi- cial Council meeting and asked that he comment on the Orange Street situation and introduce the new city engineer during his departmental report. Mayor Coppinger reported on the actions of the Infrastructure Commit- tee and stated a committee to be made up of the city councils of Alvin, Pearland, Manvel and Brookside and representatives from the Chambers of Commerce will be formed to work on regional transportation planning. Mayor Coppinger informed that he will see that local roads remain an integral part of the Infrastructure Committee's mission. Mayor Coppinger reminded all of the 4th of July celebration and Chief Mike Hogg stated all was in readiness for the event at the high school stadium beginning at 6:00 P. M. Mayor Coppinger asked Councilmember Smith who also serves as Emergency Management Coordinator to comment on the City's preparedness for a hurricane during this season. Mr. Smith stated he has prepared a fact sheet and requested that this information be gotten to the citizens. It was suggested the local papers might print this data. CITY MANAGER AND DEPARTMENTAL REPORTS City Manager Grohman stated the Orange Street project should be com- pleted within the next two weeks. Problems and delays have arisen because there were no plans, Mr. Grohman informed, but plans have been developed and this project should be completed by the middle of next week. Sometime in the near future Council will be presented with a concise paving program. Mr. Grohman informed the brush and debris accumulated at the creek at Green Tee will be burned soon. A burn permit has been obtained and as soon as crews are through with the orange Street project they will begin this cleanup. City Manager Grohman stated that the personnel policy is being re- viewed on a Staff level and, hopefully, these recommendations will be ready for Council by the end of August. City Manager Grohman reported that all is in ready for the Council retreat on July 10th - 12th. Mr. Grohman encouraged all to be in attendance so that good goals can be developed for the City by the Council. Mr. Grohman stated he has a "no smoking" ordinance in draft form for Council's review and this should be finalized soon. At the last meeting, City Manager Grohman continued, a question was raised about the use of the corners of FM 518 and Dixie Farm to sell used cars. Mr. Grohman reported this problem has been addressed and the property owners have been cooperative. City Manager Grohman reported we are working with the Highway Depart- ment in getting our population signs changed. Mr. Grohman advised that the Council can pass a resolution stating what it believes the population to be, if it deems the number provided by the Census Bureau to be inaccurate. After passage of the resolution, these numbers can then be posted as the population count. CITIZENS: 1. Jim Long, 2404 Creekridge. Mr. Long invited the Council to a Scout banquet on July 14th honoring scouts from Mexico and asked the Mayor to present a proclamation at this dinner. 2. Frances Jamison, FM 518. Mrs. Jamison spoke about a rever- sionary clause, deeds, and paving policies for the City. 3. Peggy Mayfield, 2119 N. Austin. Mrs. Mayfield spoke about a building permit in the old townsite and the new subdivision ordinance amendment. 4. Edward Leonard, 2316 Meadow Green. Mr. Leonard spoke about traffic along FM 518, particularly the light at Walnut, 84 Barry Rose, and FM 518. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 629, ORDINANCE ESTABLISHING AND REESTABLISHING SPEED LIMITS ALONG A PORTION OF FM 518 AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF Ordinance No. 629 was read in caption by Councilmember Miller. (Second and final reading) It was moved by Councilmember Miller, seconded by Councilmember Frank,; that Ordinance No. 629 be passed and approved on its second and final's reading. Said Ordinance No. 629 reads in caption as follows: ORDINANCE NO. 629 AN ORDINANCE ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 518, OR PARTS THERE- OF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEAR - LAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 630, ORDINANCE AMENDING FIRE CODE FOR THE PURPOSE OF. REQUIRING EMERGENCY OVERRIDE CONTROL DEVICES IN PARKING AREAS HAVING SECURITY GATES AND PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 630 was read in caption by Councilmember Frank. (Second and final reading) It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 630 be passed and approved on its second and final reading. Said Ordinance No. 630 reads in caption as follows: ORDINANCE NO. 630 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, AT CHAPTER 10, FIRE PREVENTION AND PROTECTION, BY ADDING A SECTION 10-91, FOR THE PURPOSE REQUIRING EMERGENCY OVERRIDE CONTROL DEVICES IN PARKING AREAS HAVING SECURITY GATES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. w - NEW BUSINESS AWARD OF BID NO. B92-9, TRACTOR WITH SIDE BOOM MOWER FOR THE STREETS AND DRAINAGE DIVISION OF THE PUBLIC WORKS DEPARTMENT Council considered the following bids: cm DELIVERY VENDOR TRACTOR MAKE MOWER MAKE PRICE DATE BROOKSIDE EQUIP- JOHN DEERE TURNER MENT SALES, INC. 2755 GORILLA $31,605.00 90-120 DAYS PRECO MACHINERY TIGER SALES, INC. FORD 6610 SPECIAL $35,199.50 75 DAYS LANSDOWNE-MOODY TERRAIN COMPANY, INC. FORD 6610 KING $33,913.00 10- 60 DAYS City Manager Paul Grohman recommended award of bid to Lansdowne -Moody Company, Inc. in the amount of $33,913.00. Mr. Grohman noted that this bid was not the lowest bid but was the lowest meeting specifica- tions and with an acceptable delivery time. City Manager Grohman stated this amount is well over the budgeted amount of $25,000 but this is a badly needed item and recommended Council award. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Bid No. B92-9 be awarded to Lansdowne -Moody Company, Inc. in the amount of $33,913.00 with funds to be taken from the appropriate account. Motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF MEMBER TO THE CIVIL SERVICE COMMISSION FOR A THREE YEAR TERM City Manager Grohman recommended Mr. James Gilbert be reappointed to the Civil Service Commission for a three year term. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Council ratify the reappointment of James Gilbert to the Civil Service Commission for a three year term. Motion passed 5 to 0. City Secretary Pat Jones administered the Oath of Office to Mr. Gil- bert after the meeting. RATIFICATION OF APPOINTMENT OF DEPARTMENT HEAD(S) BY CITY MANAGER City Manager Grohman stated the City has vacancies in several profes- sional areas. Mr. Grohman asked that Council ratify his selection of John Hargrove and Richard Burdine as department heads. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Council approve the City Manager's two recommendations. Mr. Hargrove, who will be the City Engineer, spoke to Council briefly and expressed his pleasure in coming to work for the City of Pearland. City Manager Paul Grohman explained Mr. Burdine could not be present tonight but will serve in the capacity of Public Works and Planning. Mr. Grohman discussed consolidation of jobs, stating that he, Mr. Erwin and Mr. Burdine would each take a division of the departments to work with. Motion passed 5 to 0. RESOLUTION NO. R92-21, RESOLUTION AUTHORIZING AND APPROVING AN AGREE- MENT BY AND BETWEEN THE CITY OF PEARLAND AND PAUL GROHMAN FOR LATTER'S SERVICE AS CITY MANAGER Resolution No. R92-21 was read in caption by Councilmember Colson. (First and only reading) It was moved by Councilmember Colson, seconded by Councilmember Smith, M that Resolution No. R92-21 be passed and approved with the following change: In Section 3. A. omit "and, in addition thereto, an additional month's aggregate salary for each complete year of Employee's service with Employer" Councilmember Colson explained this agreement came from the Texas Municipal League and provides both the City and Mr. Grohman security in their working arrangement. Resolution No. R92-21 reads in caption as follow: RESOLUTION NO. R92-21 A RESOLUTION AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BY AND BETWEEN CITY OF PEARLAND AND PAUL GROHMAN, FOR THE LATTER'S SERVICES AS CITY MANAGER, A FACSIMILE OF WHICH BEING ANNEXED HERETO, DESIGNATED EXHIBIT "A" HEREOF, AND INCORPORATED HEREIN FOR ALL PURPOSES. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. Councilmember Smith stated there was talk that the Charter does not allow this agreement. Mr. Smith explained this was not a violation of the Charter but strengthens the working relationship. OTHER BUSINESS: None ADJOURN The meeting adjourned at 8:30 P. M. After the meeting, a reception was held to welcome the Grohman Family to the City of Pearland. Minutes approved as submitted and/or corrected this _L3 _ day of;*-- A. D., 1992. ATTEST: Pat Jones,y Secretary r oma. C. V. Copp n er, M or