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1992-11-23 CITY COUNCIL REGULAR MEETING MINUTES176 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 23, 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 Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Randy Weber D. A. Miller Benny Frank David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine as well as City Engineer John Hargrove and Police Chief Mike Hogg. Absent from the Meeting: Mayor Coppinger and Councilmember Col- son. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the Joint Public Hearing of November 9, 1992, be approved as presented. Motion passed 3 to 0, with Councilmember Weber abstaining while serving as Mayor Pro Tem. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the regular meeting of November 9, 1992, be approved as submitted. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT Mayor Pro Tem Weber recognized several government students in the audience. Mr. Weber announced Mayor Coppinger's absence was due to his being proclaimed "Volunteer of the Year" by the Metropolitan YMCA last year. Tonight, at the conclusion of his year to hold this honor, Mr. Coppinger is presenting the award to the new recipi- ent. Mayor Pro Tem Weber presented a proclamation proclaiming December 7th as "Pearl Harbor Day." Representatives from VFW Post 7109 accepted the proclamation. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at Brazoria County Cities Association in Oyster Creek on November 18th and announced Pearland will host the association meeting in January. Councilmember Frank reported he also attended BCCA and commented on a letter received from a citizen regarding possible flooding to his home when his street is repaved. City Manager Grohman stated Staff has responded to this inquiry, with City Engineer Hargrove surveying, and there shouldn't be any change in eleva- tion, Mr. Grohman informed. Councilmember Smith reported he attended the Clear Creek Water- shed Committee meeting on November 18th which was held at City Hall. A meeting will be held in January to finalize the Commit- tee's findings. Continuing his report, Mr. Smith related he attended Brookside Village's Council meeting on November 19th as the City's representative. The Brookside Council granted permis- sion for the City to lay a sewer line in one of their rights-of- way, Councilmember Smith reported. Mayor Pro Tem Weber reported on the tornado that hit the Twin Creek Subdivision Saturday. Citizens having storm debris such as limbs should get it to the curb and the City will pick it up. CITY MANAGER REPORT City Manager Grohman also commented on the storm damage, express- ing gratitude the City was spared more severe damage and commend- ing those who responded to the damaged areas. Continuing his report, Mr. Grohman reported on the progress of the City/County cooperative paving program and stated the work at McLean Park is underway with a slight delay due to the rain. The Police Department, City Manager Grohman reported, has been interviewing for its Combined Area Response Team (CART) which was approved by Council some time back. Mr. Grohman stated he attended a recent meeting of the EMS mem- bers and commended them for their service, noting that two of the volunteers were recently injured in a traffic accident while in the line of duty. Closing his report, City Manager Grohman informed that the City Tree Lighting Ceremony will be held December 3rd at 6:30 P. M. and the City Employees Christmas Party will be December 11th. It was reported that Councilmember Colson's husband had recently undergone surgery and Mr. Colson was wished a speedy recovery. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS 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 Frank. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 647 be passed and approved on its second and final reading. 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 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. Voting "Aye" - Councilmembers Miller, Frank, and Smith. Voting "No" - None. 178 Motion passed 3 to 0. NEW BUSINESS RELATING TO PRESENTATION BY LIBRARY BOARD City Manager Grohman reported the Library Board was in attendance to inform the Council of its desire to expand services at the Library. DeDe Williams, Librarian, introduced members of the Library Board as well as Steve Brown, Director of the Brazoria County Library System. Mr. Brown stated the Board was requesting assistance from the Council to begin looking at an expansion program. The library has a circulation of approximately 200,000 annually which is very high among cities of this size, Mr. Brown reported. Although not planning on actual construction for several years, Mr. Brown informed, the Board would like the Council's assistance in obtaining the services of the consultant and architect who worked on the original structure for a sum of approximately $8,500. The consultant's fee is approximately $2,000 with the architect's service costing approximately $6,500. Council discussed the square footage of the present and proposed areas. Mr. Brown informed the Board had sought a variance to allow the library to extend out west with the existing wall to be removed for this expansion. Councilmember Frank expressed the desire to see the basic concept before an architect is retained. Discussion continued regarding using the services of the consultant first to see if the project is feasible. After the consultant has made his findings, funding can be approved for the architect. Councilmember Smith ques- tioned where funding would come from and City Manager Grohman informed the budget could be revised at mid -year to allow for funding, with the amount decided by Council. It was moved by Councilmember Frank, seconded by Councilmember Smith, that funding be approved to retain the consultant at this time in the amount of $2,000. After a conceptual plan is de- vised, Council will consider funding for the architect. In discussion, Council discussed a dollar amount for the expan- sion, funding for the project, and future sites for a branch library when the population requires it. Motion passed 3 to 0. RESOLUTION NO. R92-39, UPDATING EMERGENCY OPERATIONS PLAN Councilmember Smith, who also serves as the City's Emergency Management Coordinator, informed Council the emergency operations plan is complete and acceptable to all governmental agencies as being in conformance. Resolution No. R92-39 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R92-39 be passed and approved on its first and only reading. Said Resolution No. R92-39 reads in caption as follows: RESOLUTION NO. R92-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, UPDATING THE EMERGENCY OPERATIONS PLAN. Voting "Aye" - Councilmembers Miller, Frank, and Smith. 179 Voting "No" - None. Motion passed 3 to 0. RESOLUTION NO. R92-40, AUTHORIZING INTERLOCAL AGREEMENT BETWEEN CITY AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVE- MENT, MAINTENANCE, AND/OR REPAIR OF STREETS WITHIN THE CORPORATE LIMITS OF THE CITY City Manager Grohman explained passage of this resolution will allow us to continue the County/City cooperative paving program which has been so successful in the past. This agreement will be for a period of three years and will have to be signed by each Councilmember. Resolution No. R92-40 was read in caption by Councilmember Mill- er. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Resolution No. R92-40 be passed and approved on its first and only reading. Said Resolution No. R92-40 reads in caption as follows: RESOLUTION NO. R92-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE MAYOR AND EACH COUNCILMEM- BER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Smith, Frank, and Miller. Voting "No" - None. Motion passed 3 to 0. RESOLUTION NO. R92-41, AMENDING RESOLUTION NO. R92-22, AS IT MAY HAVE BEEN AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTAB- LISHING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL Resolution No. R92-41 was read in caption by Councilmember Frank. It was moved by Councilmember Smith, seconded by Councilmember Miller, that Resolution No. R92-41 be passed and approved on its first and only reading. Said Resolution No. R92-41 reads in caption as follows: RESOLUTION NO. R92-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AMENDING RESOLUTION NO. R92-22, AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CERTAIN RULES OF PROCE- DURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Smith and Miller. Voting "No" - Councilmember Frank. Motion passed 2 to 1. Of COUNCIL DECISION ON PARTICIPATION WITH YMCA TO PAVE ROAD FROM FM 518 TO STRATFORD TO PROVIDE INGRESS AND EGRESS TO NEW YMCA FACIL- ITY City Manager Grohman related the Stratford Drive project had been added resulting in additional cost. The cost has escalated from a projected $55-60,000 to approximately $116,000. This amount is more than the YMCA had budgeted and their bids for the facility have come in higher than anticipated. Mr. Grohman recommended that this project which will benefit the community in many ways be done with the Y contributing $35,000, an amount slightly higher than their original pledge. There ensued a lengthy discussion regarding cost of utility work, donation of land, sewer facilities, lift stations, the account this project will be funded from, and other streets within the City in need of paving or repair work. It was suggested the City Manager meet with the YMCA again to get a firm dollar amount of their contribution so that Council would know more accurately what its commitment will be. It was moved by Councilmember Smith, seconded by Councilmember Frank, that this item be postponed until the City Manager can discuss this with the YMCA again. Motion passed 3 to 0. APPLICATION NO. 30, REQUEST OF DON CARBONE, OWNER, FOR AN AMEND- MENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, FROM CLAS- SIFICATION GB TO OP ON PROPERTY LOCATED AT 2305 AND 2307 PARK AVENUE City Manager Grohman informed that the Planning and Zoning Com- mission had recommended this zone change be granted and Staff also gives its approval. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Application No. 30 be granted. Motion passed 3 to 0. APPLICATION NO. 31, REQUEST OF ALFRED LENTZ, AGENT FOR OXYCHEM PIPELINE OPERATIONS, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, FROM CLASSIFICATION R-1 TO OP ON ABSTRACT 70, LOT 25, 0. W. WILLITS SUBDIVISION Again, City Manager Grohman informed this request was recommended for approval by the Planning Commission and Staff agrees with this recommendation. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Application No. 31 be granted. Motion passed 3 to 0. ORDINANCE NO. 648, ESTABLISHING AND REESTABLISHING SPEED LIMITS ON OLD ALVIN ROAD, OR PARTS THEREOF, AND DECLARING AN EMERGENCY Ordinance No. 648 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 648 be passed and approved on its first and only reading. Said Ordinance No. 648 reads in caption as follows: ORDINANCE NO. 648 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 OLD ALVIN ROAD, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTAB- LISH CORRECT MAXIMUM SPEED LIMITS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Voting "Aye" - Councilmembers Miller, Frank, and Smith. Voting "No" - None. Motion passed 3 to 0. RESOLUTION NO. R92-42, AUTHORIZING ERECTION OF STOP SIGNS AT MCLEAN AND MAGNOLIA AND AT PARKVIEW AND MISTY LANE Resolution No. R92-42 was read in caption by Councilmember Mill- er. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Resolution No. R92-42 be passed and approved on its first and only reading. Said Resolution No. R92-42 reads in caption as follows: RESOLUTION NO. R92-42 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF MCLEAN ROAD AND MAGNOLIA ROAD, AND A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF PARKVIEW DRIVE AND MISTY LANE. Voting "Aye" - Councilmembers Smith, Frank, and Miller. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 450-10, AMENDING ORDINANCES NO. 450-7, 450-8, AND 450-9, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR ALL POLICE OFFICERS Ordinance No. 450-10 was read in caption by Councilmember Frank. It was announced by Mayor Pro Tem Weber that this item would be passed at this time and considered after the close of Executive Session which had been recessed from an earlier special meeting. ORDINANCE NO. 649, WAIVING ENCROACHMENT OF FENCE IN ALLEYWAY LOCATED IN BLOCK 11, PEARLAND OLD TOWNSITE, BORDERED BY GRAND BLVD. ON THE EAST AND HOUSTON AVE. ON THE WEST Ordinance No. 649 was read in caption by Councilmember Frank. City Manager Grohman explained this area is in the Methodist Church playground and is not needed by the City; however, access can be gained if needed. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 649 be passed and approved on its first of two readings. Said Ordinance No. 649 reads in caption as follows: ORDINANCE NO. 649 AN ORDINANCE WAIVING THE ENCROACHMENT OF A FENCE INTO AND ACROSS AN UNNAMED AND PARTIALLY ABANDONED ALLEYWAY LOCATED IN BLOCK 11, PEARLAND OLD TOWNSITE, AND BOR- DERED BY GRAND BLVD. ON THE EAST AND HOUSTON AVE. ON THE WEST. Voting "Aye" - Councilmembers Miller, Frank, and Smith. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 650, ADOPTING PREVAILING WAGE RATES FOR ALL CITY PUBLIC WORKS CONSTRUCTION CONTRACTS Ordinance No. 650 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 650 be passed and approved on its first of two readings. City Manager Grohman explained the passage of this ordinance is to bring the City into compliance with a variety of federal and state laws. Said Ordinance No. 650 reads in caption as follows: ORDINANCE NO. 650 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ADOPTING AND APPROVING PREVAILING WAGE RATES FOR ALL CITY OF PEARLAND PUBLIC WORKS CONSTRUCTION CONTRACTS. Voting "Aye" - Councilmembers Smith, Frank, and Miller Voting "No" - None. Motion passed 3 to 0. �. OTHER BUSINESS: None CITIZENS 1. Daphne Hereford, Heritage Manor, representing Citizens for Responsible Government. Ms. Hereford spoke about the pas- sage of R92-42 which was adopted at this meeting, placing the Citizens portion back to its original place on the agenda. Ms. Hereford thanked Council for this action. MEETING RECESSED AT 8:33 P. M. MEETING RECONVENED AT 9:45 P. M. NEW BUSINESS: Continued Mayor Pro Tem Weber announced Council had returned from the earlier recessed Executive Session and would now consider Item No. 10 on the agenda of the regular meeting. ORDINANCE NO. 450-10, AMENDING ORDINANCES 450-7, 450-8, AND 450- 9, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSI- FICATION PAY PLAN FOR ALL POLICE OFFICERS Ordinance No. 450-10 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 450-10 be passed and approved on its first of two readings, providing that Exhibit "A" which pertains to a pay classification plan be adopted as reflected by the Police Chief's example No. 1 in his memo dated November 9, 1992. Councilmember Frank suggested the motion be amended to state that new pay plan would be retroactive to October 1st. Councilmember Miller readily agreed to this. Said Ordinance No. 450-10 reads in caption as follows: ORDINANCE NO. 450-10 AN ORDINANCE AMENDING ORDINANCES NO. 450-7, 450-8, AND 450-9 OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR ALL POLICE OFFICERS, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION, PURSU- ANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Miller, Frank, and Smith. Voting "No" - None. Motion passed 3 to 0. The City Manager was instructed to look into the possibility of adding an additional clerk to the Police Department so that more officers can be put on the street. ADJOURNMENT Meeting adjourned at 9:51 P. M. Minute# approved as submitted and/or corrected this day A. D., 1992. C. V.Copp' r, Mayprf ATTEST: Pa Jones, ity Secretary 0 s