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1992-11-09 CITY COUNCIL REGULAR MEETING MINUTES1:65 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 9, 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 City Attorney City Secretary Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Weber offered the invocation. The Pledge of Alle- giance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Smith, that the minutes of the special meeting of October 26, 1992, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the minutes of the regular meeting of October 26, 1992, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Weber, proclaimed "One Nation Under God Month" and representatives from the Exchange Club were on hand to receive the proclamation and invite all to the 4th annual Prayer Breakfast to be held on November 18th. Mayor Coppinger recognized an exchange student from Japan and welcomed her to Pearland. Veteran's Day was proclaimed in Pearland and local veterans from Post 7109 accepted the proclamation. Mayor Coppinger asked Councilmember Miller, liaison to the Parks Board, to present service plaques to former Park Board members Inez Farmer and Larry Juull. Mr. Miller commended them for their long service on the Parks Board. Mayor Coppinger called upon representatives from the YMCA, Linda Long and Steve Jiminez. Ms. Long and Mr. Jiminez brought the Council up to date on the progress of the "Y", stating they will soon begin construction on their new facility at the end of Stratford Street. The YMCA Board of Directors is concerned about the traffic to their new facility which currently has access only from Stratford 166 Street, Ms. Long reported. A local citizen, Richard Simpson, had indicated a willingness to donate a 60' right-of-way off of FM 518 which will cut through to Stratford. Ms. Long asked the Council's help in sharing in the cost of this road which will be deeded to the City. Council discussed proposed construction on either side of the road and Mr. Simpson stated he is looking at office buildings, storage facilities and possibly a franchise in the form of a convenience store, service station or eating facility. Council looked favorably upon this proposal by the YMCA and agreed it would be an agenda item for the November 23rd meeting. City Manager Grohman indicated sharing in this venture would help in the goal Council had set to help the youth. Council discussed ways of getting the paving done such as extend- ing the current paving contract or having the "Y" do the job according to City specs and reimbursing them. Mayor Coppinger commended the Staff for their hospitality to approximately 200 fourth graders who recently visited City Hall. Mayor Coppinger thanked Councilmember Weber for participating in his behalf in a softball game sponsored by Neighborhood Service Center for local elected officials. Mayor Coppinger reported he and Councilmember Weber will attend the annual H -GAC meeting on November 12th. Mayor Coppinger reported Councilmember Smith has set up a meet- ing of the Infrastructure Committee of the Chamber of Commerce to be held on November 10th. Local and county officials as well as the engineer from the Highway Department will discuss regional street, road, and highway projects. Mayor Coppinger asked Council to move the "Citizens" portion of the agenda back to its original place on the meeting schedule. There ensued a lengthy discussion regarding this issue and the City Attorney was instructed to prepare the necessary resolution enacting this change for the next regular agenda. It was ex- pressed that the order of speaking would be as such: 1) citizens who call in to the City Secretary's Office would be allowed to speak first, 2) those who are addressing an item on the agenda would speak next, 3) those citizens who sign to speak on the night of the meeting would be heard last. Each citizen will be allowed five minutes unless granted additional time by the Coun- cil. COUNCIL ACTIVITY REPORT Councilmembers Miller, Frank, Weber, and Colson had nothing to report at this time. Councilmember Smith reported his attendance at the Brazoria County Drainage District meeting this morning and introduced new Drainage Commissioner J. R. Nail. In closing his report, Coun- cilmember Smith commended the Staff for all the progress it has made in the last few months. Councilmember Weber commented on a letter from a citizen who commended City employees for the efficient repair of a sidewalk in front of his home. CITY MANAGER REPORT Mayor Coppinger called upon City Manager Grohman to report on the Library Board's request for expansion. Mr. Grohman stated he has met with these individuals and they will be at the next Council meeting with a presentation. At the moment, there is an approxi- mate cost of $8500 to be considered with $6500 for an architect and $2000 for a consultant. 167 Continuing his report, City Manager Grohman informed Council that the railroad tracks at FM 518 will be closed temporarily for repair sometime in the near future. Timing of this closure is still to be worked out with the Highway Department which has not been receptive to the City's suggested schedule. Staff feels its proposal would least inconvenience the citizens. Mr. Grohman reported there have been complaints about shoddy facades on buildings, particularly along Highway 35. Staff is looking at proposing a standard for Council's consideration. McLean Park parking lot and drive access is being paved today, Mr. Grohman reported. City Manager Grohman reported he, along with Chief Hogg, City Attorney Rorick and Civil Service Director Hickling, attended a conference in Austin recently on civil service. Management employees are currently attending workshops to attain skills to evaluate their employees as well as motivate them. Mr. Grohman listed the portions of streets that have been paved through the City/County cooperative. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS Citizen Input: 1. William Wear, 2402 Jacquelyn. Mr. Wear spoke about the need for a footbridge over Mary's Creek near the intersection of Old Alvin Road and Nottingham. The speed limits along Old Alvin should also be lowered, Mr. Wear suggested. Mr. Wear related he was recently involved in an accident at this site and felt these measures would make this a safer area. ORDINANCE NO. 387-3, AMENDING ORDINANCE 387-2, ALTERING SPEED LIMITS REGARDING SCHOOL ZONES Ordinance 387-3 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 387-3 be passed and approved on its second and final reading. Said Ordinance No. 387-3 reads in caption as follows: ORDINANCE NO. 387-3 AN ORDINANCE AMENDING ORDINANCE NO. 387-2 BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGH- WAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PUBLICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith. Voting "No" - None. Motion passed 5 to 0. W41660 NEW BUSINESS RESOLUTION NO. R92-36, AUTHORIZING AN INTERLOCAL AGREEMENT BE- TWEEN BROOKSIDE VILLAGE AND CITY OF PEARLAND Resolution No. R92-36 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R92-36 be passed and approved on its first and only reading. City Manager Grohman explained Councilmember Smith had, at Coun- cil's direction, visited with Brookside officials for permission for the City to tie a sewer line into a force main that runs from the Lawhon School. This agreement will allow us to do this, Mr. Grohman said. Council discussed the sewer service to Lawhon Elementary and questioned whether there was a previous agreement. Said Resolution No. R92-36 reads in caption as follows: RESOLUTION NO. R92-36 A RESOLUTION AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN BROOKSIDE VILLAGE AND CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF SECURING AUTHORITY AND FRANCHISE TO USE THE RIGHT OF WAY ALONG O'DAY ROAD FOR THE PURPOSE OF INSTALLING A SEWER MAIN WHICH AUTHORITY WILL INURE TO THE CITY OF PEARLAND, ITS SUCCESSORS AND ASSIGNS. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R92-37, REQUESTING PARTICIPATION IN THE COOPERA- TIVE PURCHASING PROGRAMS OF THE GENERAL SERVICES ADMINISTRATION OF THE STATE OF TEXAS Resolution No. R92-37 was read in caption by Mayor Coppinger. City Manager Grohman explained this purchasing program is similar to that offered by H -GAC in that the State will meet the bidding requirements and participants in the program can purchase items through the State, if they choose, benefiting from their bulk rate. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R92-37 be passed and approved on its first and only reading. Said Resolution No. R92-37 reads in caption as follows: RESOLUTION NO. R92-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, REQUESTING PARTICIPATION IN THE COOPERA- TIVE PURCHASING PROGRAMS OF THE GENERAL SERVICES ADMIN- ISTRATION OF THE STATE OF TEXAS. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R92-38, CHANGING THE REGULAR MEETING DATES IN DECEMBER, 1992, DUE TO HOLIDAY SEASON Resolution No. R92-38 was read in caption by Mayor Coppinger. City Manager Grohman suggested Council meet on December 7th and 14th to avoid conflict with any holiday activities and to allow Council to meet the requirements of the Charter. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R92-38 be passed and approved on its first and only reading with the December meeting dates to be December 7th and 14th at 7:30 P. M. Said Resolution No. R92-38 reads in caption as follows: RESOLUTION NO. R92-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN DECEMBER, 1992, DUE TO THE HOLIDAY SEASON. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 635, APPROPRIATING FUNDS FROM THE COUNCIL CONTIN- GENCY FUND AND THE GENERAL FUND FOR THE PURPOSE OF STREET MAINTE- NANCE AND DECLARING AN EMERGENCY Ordinance No. 635 was read in caption by Councilmember Smith. Said Ordinance No. 635 reads in caption as follows: ORDINANCE NO. 635 AN ORDINANCE APPROPRIATING THE AMOUNT OF NINETY-TWO THOUSAND, SEVEN HUNDRED ($92,700) DOLLARS FROM THE ENCUMBERED BALANCE OF THE FISCAL YEAR 1991-92 COUNCIL CONTINGENCY, AND FURTHER APPROPRIATING THE AMOUNT OF TWO HUNDRED FIFTY SEVEN THOUSAND, THREE HUNDRED ($257,300) DOLLARS FROM THE GENERAL FUND FOR THE PUR- POSE OF STREET MAINTENANCE, AND DECLARING AN EMERGENCY AS THESE APPROPRIATIONS ARE NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND ARE NOT FOR REGULAR OR RECURRING REQUIREMENTS. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 635 be passed and approved on its first and only reading, with both maker and seconder of the motion indicating their action for purposes of discussion. City Manager Grohman stated a clearer picture is evolving in the street inventory process. Numbers are materializing that were not available before. The contract with Durwood Greene was awarded for $535,000 and as work is done with the engineers for the City's participation in the FM 518 widening, it is becoming evident this cost was underestimated. ^` The County is here working with us in the paving cooperative and if we are to continue the progress we are making, we will need additional funding, Mr. Grohman explained. These funds are currently earning 3% and would be more wisely used to benefit the citizens by paving more roads, City Manager Grohman advised. Council questioned the amount in the reserve account which Mr. Grohman stated was 2.5 million, a little over the 2.2 million anticipated. A reserve of 2.2 million will give the City nearly 3 months of operating revenue which is sound business practice, City Manager Grohman explained, while allowing $300,000 to do mul some major improvements throughout the City. The discussion continued regarding previous fund balances which, according to Councilmember Smith, have grown from $800,000 to 2.5 million. Encumbrances from past budget years were discussed. The balance to be left in the Council contingency fund was dis- cussed with regard to an emergency such as a sewer cave-in. City Manager Grohman pointed out that the roads to be paved were from Council directives as long as five years ago. After much consideration, it was suggested the figures to be appropriated be pared down with possible approval of more funds for street maintenance at a later date. It was suggested that $257,000 be appropriated with $92,700 kept in reserve. It was further suggested the number for appropria- tion be $300,000 between the two funds. The maker and seconder of the motion amended the motion to $300,000. City Manager Grohman asked for clarification, stating it was his understanding that $257,300 be taken out of the General fund with the remaining portion to be taken out of the Council contingency fund. Council confirmed these appropriations. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 647, ORDINANCE DETERMINING NEED FOR FEE SIMPLE TITLE AND AUTHORIZING CITY ATTORNEY TO FILE PROCEEDINGS FOR EMINENT DOMAIN Ordinance No. 647 was read in caption by Councilmember Weber. Said Ordinance No. 647 reads in caption as follows: ORDINANCE NO. 647 AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATE- LY 24,986 SQUARE FEET OF LAND, OR APPROXIMATELY 0.5736 ACRE, ALONG THE EAST SIDE OF BARRY ROSE ROAD AT ITS INTERSECTION WITH FARM -TO -MARKET ROAD 518, IN PEARLAND, BRAZORIA COUNTY, TEXAS, FOR RIGHT-OF-WAY, UTILITY, AND ASSOCIATED MUNICIPAL PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. City Manager Grohman explained the City is trying to widen the intersection of Barry Rose at FM 518 to allow a left turn lane. With the addition of the new apartment units on Barry Rose, the traffic will increase greatly at this already congested intersec- tion, Mr. Grohman stated. Part of the land needed has been donated; however, Mr. Clark owns a parcel and is not willing to negotiate with the City. The parcels have been appraised at $1.00 each and Mr. Clark was offered $1,000 which he turned down, Mr. Grohman continued. Councilmember Smith informed the Council Mr. Clark did not par- ticipate in the cost of the recent covering of the drainage ditch along Barry Rose. City Attorney Rorick related that Council needs to give him or someone else the authority to negotiate with Mr. Clark in the hopes that he will give a figure which will be presented to Council for consideration for payment. If Council feels the 171 figure is too high, eminent domain proceedings will be started, Mr. Rorick explained further. This starts by the attorney filing an action in County court with the County judge appointing special commissioners who will listen to the evidence and deter- mine the value of the property to be taken and will make an award, City Attorney Rorick advised. After the award is made the City can obtain a right of entry and take the property, doing what is needed, subject to paying the necessary damages if the matter is appealed to County court. In closing his remarks, City Attorney Rorick advised the expense could be nominal or costly depending on how it goes. Mr. Rorick reiterated that an attempt would first be made to reach a settle- ment before filing in court. Councilmember Smith called attention to a point of order in that Council was discussing something for which no motion or second had been made. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 647 be passed and approved on its first of two readings. It was pointed out that the City's plans for this left turn lane will match those of the State's when they widen FM 518. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS CITIZENS 1. Daphne Hereford, 2904 Yost. Ms. Hereford informed she was speaking for Citizens for Responsive Government and asked that the "Citizens" portion of the agenda be moved to its original place. Ms. Hereford also referred to materials she presented at the last meeting and asked what research was conducted and obtained that led Council to being comfortable with this individual. 2. Edward Tindall, 2516 S. Texas. Mr. Tindall spoke about city politics and called attention to several areas in the City needing attention such as street repair or signage. 3. Richard Keschinger, 2011 Sleepy Hollow. Mr. Keschinger requested that signs be placed near his residence to slow speeding traffic. A speeding vehicle recently went off the road and came into his yard, he reported. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:11 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-7, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: UNDER SUBSECTION (e) LEGAL - Discussion with outside counsel regarding the following pending litigation: 1) Beaty; 2) Barmore; 3) Lastik; 4) Sullivan; and 5) Jones. MEETING RETURNED TO OPEN SESSION AT 9:58 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. 112 ADJOURN The meeting adjourned at 9:58 P. M. Minutes approved as submitted and/or corrected this 23 day A. D . , 1992. ATTEST: Pat Jones, ty Secretary o�,,,. -,� �1 Ma or 'i•o cwt