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1991-01-28 CITY COUNCIL REGULAR MEETING MINUTES56 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JANUARY 28, 1991, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARTAND, TEXAS The meeting was called to order with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember C. V. (Vic) Coppinger David Smith Randy Weber William Wolff Councilmember D. A. Miller Councilmember Richard Tetens City Manager James DeShazer City Attorney Lester Rorick City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Alle- giance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Meeting of January 14, 1991, be ap- proved as submitted. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS COUNCIL ACTIVITY REPORTS Councilmember Miller reported he had received a letter from a citizen requesting that City Staff look into the possibility of a City storage lot for disabled vehicles. Councilmember Miller also received a request from the League of Women Voters asking for a policy on placing banners announcing coming elections. Finally, Councilmember Miller reported he attended the Chamber of Commerce banquet Saturday night and stated he looked forward to working with the Chamber in the coming year. Councilmember Smith echoed Mr. Miller's comments on the Chamber ban- quet and reported he toured projects throughout the City with City Manager DeShazer this morning. In closing, Councilmember Smith re- ported on a meeting with the Clean Pearland group. Councilmember Weber reported he attended the H -GAC meeting of January 25, 1991, as well as the Chamber banquet and suggested a future work- shop with the School District, Chamber and City officials. Councilmember Wolff reported he attended a luncheon with Judge Phil- lips, our new County judge, and newly elected County Commissioner Clawson where support was pledged to the north end of the county. Lastly, Councilmember Wolff reported he, too, attended the Chamber banquet. DEPARTMENTAL REPORTS City Manager DeShazer reported the City had received the franchise tax from Entex which fell slightly under what had been budgeted. Mr. DeShazer also reported on a meeting on highways held in Angleton that he and Mayor Coppinger attended. MAYOR'S ACTIVITY REPORT 57 Mayor Coppinger proclaimed the first quarter of 1991 as "YMCA Capital Campaign Period" and Linda Long, spokeswoman for the Y, accepted the proclamation and introduced other Board members. Mayor Coppinger also proclaimed Saturday, February 9th, as "Veteran's Rally Day." CITIZENS 1. Tom Youngblood, 1616 Cypress Hollow. Mr. Youngblood spoke in behalf of local Veterans' organiza- tions and encouraged all to attend the Veterans' rally at Independence Park on February 9th. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 264-1, ORDINANCE AMENDING ORDINANCE NO. 264, FOR THE PURPOSE OF ESTABLISHING A 55 MPH SPEED ZONE ALONG STATE HIGHWAY 35 (S. MAIN) AND PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 264-1 was read in caption by Councilmember Weber. (Second Reading) It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 264-1 be passed and approved on second and final reading. Said Ordinance No. 264-1 reads in caption as follows: ORDINANCE NO. 264-1 AN ORDINANCE AMENDING ORDINANCE NO. 264 FOR THE PURPOSE OF ESTABLISHING A 55 M.P.H. SPEED ZONE ALONG SH 35 (SOUTH MAIN STREET) FROM A POINT 132 FEET SOUTH OF r-� THIRD STREET TO THE SOUTH CITY LIMITS, A DISTANCE OF APPROXIMATELY 1.523 MILES; PROVIDING FOR A PENALTY, AND PUBLICATION; CONTAINING A SAVINGS CLAUSE AND A REPEAL- ER. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 450-7, ORDINANCE AMENDING CIVIL SERVICE ORDINANCE, ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN AND ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION Ordinance No. 450-7 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Ordinance No. 450-7 be passed and approved on second and final reading. Said Ordinance No. 450-7 reads in caption as follows: ORDINANCE NO. 450-7 AN ORDINANCE AMENDING ORDINANCE NO. 450-6 OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICATION, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS, PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. 58 Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 509-A-2, ORDINANCE AMENDING SECTION 22 OF ORDINANCE NO. 509, KNOWN AS THE SIGN ORDINANCE, AND PROVIDING A PENALTY FOR VIOLA- TION THEREOF ordinance No. 509-A-2 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 509-A-2 be approved on second and final reading subject to the City Attorney removing the Sign Ordinance from the.,,_,,, general Land Use Ordinance. Said Ordinance No. 509-A-2 reads in caption as follows: ORDINANCE NO. 509-A-2 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE ZONING ORDINANCE OF THE CITY OF PEARLAND AND ORDINANCE NO. 509-A, BY DEFINING AND REDEFINING THE TERM "SIGN"; BY AMENDING SECTION 22, SIGNS, AT SECTION 22-1, SIGNS REQUIRING PERMITS, SUBSECTIONS (4)(9) AND (4)(n); BY AMENDING SECTION 22-3, MEASUREMENTS; BY AMENDING SEC- TION 22-4, HEIGHT RESTRICTIONS, SUBSECTION (1); BY AMENDING SECTION 22-7, PORTABLE SIGNS, BY AMENDING SECTION 22-11; PROHIBITED SIGNS, ADVERTISING, LIGHTING, SUBSECTION (7); BY AMENDING SECTION 22-16, SIGN REGIS- TRATION; BY AMENDING SECTION 22-17, BUILDER/SUBDIVISION SIGNS; BY AMENDING TABLE VII OF SECTION 4 WITH RESPECT TO ZONING DISTRICTS NS, GB, C, M-1, M-2; BY AMENDING THE SPECIAL PROVISIONS; PROVIDING A PENALTY FOR VIOLA- TION, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR PUBLICATION. At the request of Councilmember Weber, City Attorney Rorick explained, the difficulties he felt would be encountered in trying to separate this ordinance from the Land Use and Urban Development Ordinance. Councilmember Miller inquired of the City Attorney a comparison be- tween the City of Houston having a sign ordinance without having, as yet, a zoning ordinance. City Attorney Rorick stated it remains to be seen how Houston will treat these two issues, zoning and signage. Councilmember Tetens voiced his objection to the way the motion was presented, stating he felt the passage of the sign ordinance should not be tied to its future separation from the Land Use Ordinance; however, he said he would not vote against the motion as the sign ordinance was greatly needed. Mayor Coppinger recalled the burden the merchants labor under without the passage of the sign ordinance. The question arose whether the City would have a working sign ordi- nance until "signage" could be separated from the Land Use Ordinance according to the motion made and the City Secretary was asked to read the motion made by Councilmember Smith. For clarification, the motion was amended as follows: "And that the City Attorney be instructed to proceed toward further , amendment for the purpose of removing one from the other." A, The seconder agreed to so amend the motion. In further discussion, the long history of the sign ordinance provi- sions were discussed. Councilmembers Weber and Miller stated their objections to the passage of this ordinance. Upon call for the vote, Council voted as follows: 59 Voting "Aye" - Councilmembers Smith and Tetens. Voting "No" - Councilmembers Wolff, Weber, and Miller. Motion failed 3 to 2. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the City Attorney be instructed to prepare an ordinance repealing Ordinance No. 509-A so that it will be totally removed from Ordinance No. 509 and that this be presented at the next meeting for considera- tion by Council. Motion passed 3 to 1, with Councilmember Tetens voting no and Council - member Smith abstaining. ORDINANCE NO. 605, ORDINANCE ALLOWING CERTAIN EMPLOYEES WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM TO REINVEST IN THE SYSTEM Ordinance No. 605 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Ordinance No. 605 be passed and approved on first reading. Said Ordinance No. 605 reads in caption as follows: ORDINANCE NO. 605 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED"AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOY- EE OF THIS CITY. City Manager explained the cost involved to the City, referring to a memo from Janet Eastburn, Finance Director. The City's cost, if the ordinance is adopted, is 7.81%. Council requested that Ms. Eastburn be present at the next meeting for the second reading of this ordi- nance to answer any questions they might have. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None Motion.passed 5 to 0. APPOINTMENT OF MEMBERS TO THE 1991 CHARTER REVIEW COMMISSION City Manager DeShazer offered the names of the following persons for appointment to the 1991 Charter Review Commission: Helen Beckman Dorothy Cook Kay Krouse Bill McClelland Tom Reid It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the above named persons be appointed to the Charter Review Com- mission for 1991. Motion passed 5 to 0. MEETING RECESSED AT 8:38 P. M. MEETING RECONVENED AT 8:50 P. M. .1 NEW BUSINESS PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1990, BY EARL LAIRSON & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS Mr. Earl Lairson presented the annual audit of the City for the fiscal year ending September 30, 1990 to City Council. Mr. Lairson went over the highpoints of the audit with Council and presented an official copy to Mayor Coppinger. ACCEPTANCE OF AUDIT INTO CITY RECORDS It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the Audit of 1989-90 be accepted into the records of the City. Motion passed 5 to 0. AWARD OF BID NO. B90-17, CLEANING, TELEVISING AND LINING OF APPROXI- MATELY 4892 L.F. OF CONCRETE SANITARY SEWER LINE IN WILLOWCREST SUBDI- VISION AND 980 L.F. OF VITRIFIED CLAY SANITARY SEWER LINE IN SOUTH CORRIGAN Council reviewed the following bid: INSITUFORM GULF SOUTH, INC. SECTION A SOUTH CORRIGAN SUBDIVISION ITEM DESCRIPTION UNIT PRICE TOTAL 1 980 L.F. CLEANING 8 & 10" V.C. PIPE $ 2.70 $ 2,646.00 2 980 L.F. TV INSPEC 8 & 10" V.C.PIPE .95 931.00 3 480 L.F. LINING 8" V.C. PIPE 32.00 15,360.00 4 500 L.F. LINING 10" V.C. PIPE 36.00 18,000.00 5 7 EA REMOTE CUTTING SERVICE LATERALS 350.00 2,450.00 6 2 EA ADD SET-UP FOR TV INSPEC 75.00 150.00 SUBTOTAL ESTIMATED COST $ 39,537.00 SECTION B WILLOWCREST SUBDIVISION ITEM DESCRIPTION UNIT PRICE TOTAL 1 4892 L.F. CLEANING 8,10,12" CONC PIPE $ 2.85 $ 13,942.20 2 4892 L.F. TV INSPEC 8,10,12"CONC PIPE .95 4,647.40 3 2123 L.F. LINING OF 8" CONC PIPE 32.00 67,936.00 4 1900 L.F. LINING OF 10" CONC PIPE 36.00 68,400.00 5 869 L.F. LINING OF 12" CONC PIPE 42.00 36,498.00 6 74 EA REMOTE CUTTING SERVICE LATERALS 350.00 25,900.00 7 4 EA ADD SET-UP FOR TV INSPEC 75.00 300.00 SUBTOTAL ESTIMATED COST $217,623.60 SECTION C EXTRA WORK TO BE DONE, IF NECESSARY ITEM DESCRIPTION UNIT PRICE TOTAL 1 2 EA SET-UP FOR BYPASS PUMPING $ 640.00 $ 1,280.00 2 16 HRS BYPASS PUMPING MAINTENANCE 63.50 1,016.00 SUBTOTAL ESTIMATED COST $ 2,296.00 BID BOND YES TOTAL BID PRICE $259,456.60 City Manager De5hazer related the problems in these two areas and called upon Dick Qualtrough, City Engineer, to comment on the one bid received from Insituform Gulf, South, Inc. 61 The Council discussed the process involved in repairing the sewer lines, feasibility of doing the work ourselves, and funding for this project. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Bid No. B90-17 be awarded to Insituform Gulf, South, Inc. in the amount of $259,456.60 with funds to be taken from the 1989-90 surplus. In further discussion, the Council discussed taps, point repairs, warranty, and checked the Audit for allocation of funds. Councilmember Weber moved for the question. Motion passed 5 to 0. AWARD OF BID NO. B91-01, CONSTRUCTION OF A REINFORCED CONCRETE SIDE- WALK ADJACENT TO LIBERTY DRIVE BETWEEN SHADYBEND AND MARY'S CREEK Council reviewed the following bid: COMPANY David Wight Construction Company, Inc. BASE BID ALTERNATE BID (41width) (5' width) $29,280.00 $31,476.00 BID BOND Cashier's Check City Manager DeShazer explained the bid received on the proposed sidewalk of approximately 1,830 linear feet which amounts to $16.94 per foot. Mr. DeShazer stated he felt the bid received was too high and suggested, for Council consideration, that this bid be rejected, giving the City the option to look at other avenues, with the possi- bility of having City employees do the ground preparation for the sidewalk. It was moved by Councilmember Smith, seconded by Councilmember Weber, �-- that Bid No. B91-01 be rejected. Motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF NEW SUPERVISOR IN THE INSPECTION DEPARTMENT Mayor Coppinger informed that this item had been withdrawn at the request of the City Manager. RESOLUTION NO. R91-4, RESOLUTION AUTHORIZING, DIRECTING AND RATIFYING PLACEMENT OF STOP SIGNS WITHIN THE CITY OF PEARLAND (MAGNOLIA ROAD) City Manager DeShazer explained that stop signs were put up for safety reasons when it was decided to allow traffic on the new portion of Magnolia and asked for Council ratification of these two stop signs. Resolution No. R91-4 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R91-4 be passed on its first and only reading. Said Resolution No. R91-4 reads in caption as follows: !;14YS]"W-us zmzfelwl�01=11 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND (ONE STOP SIGN ON MAGNOLIA ROAD AT MCLEAN ROAD FOR WESTBOUND TRAFFIC; AND ONE STOP SIGN ON MAGNOLIA ROAD AT VETERANS DRIVE FOR EASTBOUND TRAFFIC). Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None 62 Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:48 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topic to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:20 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION. Mayor Coppinger read the following item which was discussed in Execu- tive Session and signed a certification to that effect: UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - A discussion was -- held concerning the acquisition of road right-of-way. ADJOURN The meeting adjourned at 10:21 P. M. Minu s approved as submitted and/or corrected this day of A. D., 1991. Ma or ATTEST: j City Secretary/, 63 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON FEBRUARY 11, 1991, 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 David Smith Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Richard Tetens D. A. Miller William Wolff Randy Weber James DeShazer Lester Rorick Pat Jones The invocation was given by Councilmember Smith. The Pledge of Alle- giance was led by Councilmember Wolff. MAYOR'S ACTIVITY REPORT Due to the young age of many of our special guests, Mayor Coppinger changed the order of business and called upon Vicki Duncan of Love From Home to introduce them. Mayor Coppinger presented a proclamation proclaiming the week of Valentine's as "Love From Home Week." Stu- dents from Jamison Middle School, led by Sythia O'Brien, sang a moving song written by Ms. O'Brien entitled "Love From Home." APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of January 28, 1991, be ap- proved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT (CONTINUED) Mayor Coppinger presented a proclamation declaring February 23rd as "Youth for Safety through Americanism Day." Mrs. Nell Fuller accepted the proclamation on behalf of the Ladies Auxiliary to the Veterans of Foreign Wars 7109. COUNCIL ACTIVITY REPORTS Councilmember Wolff questioned the status of the ditch at McLean Park for which he had requested some cleaning and modifications at a previous Council meeting and inquired whether Councilmember Smith might approach the Drainage District for help with these improvements. Councilmember Wolff also asked Councilmember Smith to report on traf- fic on the new portion of Magnolia Road. Councilmember Smith reported he had recently observed traffic on Magnolia at 3:00 P. M. for a period of 45 minutes and counted 52 vehicles traveling on the road in that time frame. Councilmember Smith also reported he had met with Brazoria County Drainage District No. 4 this -morning and stated he felt they would be willing to help with the McLean Park ditch. The Drainage District requested, Mr. Smith related, that -jam.- be done downstream on Mary's Creek near the bridge so that design criteria could be done for the eventual slope paving. Councilmember Smith commended all the efforts that had been put forth in this area to alleviate drainage problems. In clos- b o r in j -i W ing, Councilmember Smith called the Council's attention to an area on W. Orange, between Woody and Hatfield, where citizens are having problems with water and sewer and their septic tanks. Councilmember Weber reported on his and City Manager DeShazer's recent trip to Austin for the legislative briefing and commended all involved in the recent activities in support of our troops. Councilmember Tetens, referring to a recent Citizen's request by Dr. Bobby Stevener, requested that City Staff look into an alternative method of disposing of leaves and other materials which might be composted rather than having this recyclable substance overburden our landfills. Councilmember Miller reported he attended the Parks Board meeting on February 9th and, afterwards, attended the Troop rally and compliment- ed the music, especially Anna Tetens, wife of Councilmember Tetens, rendition of the national anthem. Answering a recent request by the League of Women Voters, Councilmember Miller advised the City does have a policy to assist the League in hanging banners announcing coming elections. In closing, Councilmember Miller informed he had received a complaint from the Corrigan Subdivision area regarding dirt bikes being ridden along the ditch and asked that Staff look into this. City Manager Jim DeShazer reported on the W. Orange Street water and sewer problem. Additional right-of-way is being obtained so that water and sewer lines may be ran. The street has a narrow 40' ease- ment and this right-of-way is needed to keep from placing the lines in the bar ditch. Mr. DeShazer explained he has concurrence from those homeowners having problems and will continue working to obtain the needed right-of-way. City Manager DeShazer reported on the progress of area bridges, i.e., Country Club, Longherridge and Dixie Farm. Mr. DeShazer informed that landscaping would begin along FM 518 between the Presbyterian Church and the city limit line at Friendswood. In closing, City Manager; DeShazer said he hoped to keep the Council aware of upcoming legisla- tion as presented in the February 4th Austin briefing. CITIZENS 1. Ms. Denise Long, representing Pearland Baseball Mother's Club. Ms. Long requested permission from the Council for approval of the Little League Parade Route for March 23rd. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS COUNCIL DECISION ON PARADE ROUTE FOR PEARLAND LITTLE LEAGUE ON MARCH 23, 1991 It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that the request by the Pearland Little League for approval of their parade route be granted. Motion passed 5 to 0. UNFINISHED BUSINESS ORDINANCE NO. 605, ORDINANCE ALLOWING CERTAIN EMPLOYEES WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM TO REINVEST IN THE SYSTEM Ordinance No. 605 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, W that Ordinance No. 605 be approved on second and final reading. Said Ordinance No. 605 reads in caption as follows: ORDINANCE NO. 605 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOY- EE OF THIS CITY. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS RESOLUTION NO. R91-5, RESOLUTION AND ORDER OF THE CITY, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF MAY, 1991 Resolution No. R91-5 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R91-5 be passed on its first and only reading. Said Resolution No. R91-5 reads in caption as follows: RESOLUTION NO. R91-5 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF MAY, 1991, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTAB- LISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R91-6, RESOLUTION OF THE CITY APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, ANGLETON, FOR THE CITY OFFI- CERS' ELECTION TO BE HELD ON THE FOURTH DAY OF MAY, 1991 Resolution No. R91-6 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R91-6 be passed on its first and only reading. Said Resolution No. R91-6 reads in caption as follows: RESOLUTION NO. R91-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE FOURTH DAY OF MAY, 1991. WS Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 509-A-3, ORDINANCE REPEALING ORDINANCE NO. 509-A, AS SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE Ordinance No. 509-A-3 was read in caption by Councilmember Tetens. (First Reading) Said Ordinance No. 509-A-3 reads in caption as follows: ORDINANCE NO. 509-A-3 AN ORDINANCE REPEALING ORDINANCE NO. 509-A, AS SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. Councilmember Tetens read from Sections 28.1 and 28.2 of Ordinance No. 509, the Zoning Ordinance. Said sections address "Authority" and "Submission to the Planning and Zoning Commission," respectively, and Councilmember Tetens stated he felt these procedures had not been complied with in that this change had not been submitted to the Plan- ning and Zoning Commission. Mayor Coppinger inquired of legal counsel for a clarification on this matter. City Attorney Rorick responded that he had not had the oppor- tunity to research this matter. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that this item be moved to a future agenda since legal counsel could not offer guidance without some research. There followed a lengthy discussion regarding separation of the sign ordinance from the zoning ordinance, repealing the sign ordinance in its entirety, and the legality of these acts. Upon call for the question, the Council voted as follows: Voting "Aye" - Councilmembers Wolff, Smith, and Tetens. Voting "No" - Councilmembers Weber and Miller. Motion passed 3 to 2. REQUEST FROM BRAZOS BEND WATER AUTHORITY FOR CITY OF PEARLAND'S SHARE OF THE 1991 DEBT SERVICE PAYMENT IN THE AMOUNT OF $28,855.80 City Manager DeShazer stated this amount has been budgeted and gave a breakdown of the participating cities' percentages as follows: Mis- souri City, 49%; Pearland, 41%; Manvel, 9%; and Brookside Village, 1%. Al Lentz, formerly on the Board of the BBWA, stated this debt service payment was for bonds sold several years ago for a master study. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the regional service agreement between the Brazos Bend Water Authority and the City of Pearland be paid in the amount of $28,855.80 with funds to be taken from the appropriate account. Motion passed 5 to 0. Councilmember Tetens informed that area elections were held with the citizens giving their consent to participate in this venture. AWARD OF THE FOLLOWING BIDS City Manager DeShazer called upon Mike Joyce, Shop Foreman, to give his input on the bids received. At the request of Mr. Joyce and the 67 consent of the Council, the bids were reviewed in the following order: AWARD OF BID NO. B91-03, CARGO VAN Council reviewed the following bids: VENDOR MAKE PRICE DELIVERY DATE A. C. COLLINS FORD 91 AEROSTAR $11,978.00 90 DAYS F150 $12,182.00 75-90 DAYS LES MARKS CHEV RON CARTER CHEV 91 CG 11005 $13,107.94 8 WEEKS RON CARTER FORD 91 AEROSTAR $12,354.75 75-90 DAYS LES MARKS CHEV 91 ASTRO $11,465.65 60-90 DAYS LES MARKS CHEV 91 G10 $11,316.02 60-90 DAYS CROWN DODGE 91 B150 $12,315.00 6-8 WEEKS It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B91-03, Cargo Van, be awarded to Les Marks Chevrolet in the amount of $11,316.02 with funds to be taken from the appropriate account. Motion passed 5 to 0. AWARD OF BID NO. B91-04, FULL SIZE 1/2 TON PICKUP ow- Council reviewed the following bids: VENDOR MAKE A. C. COLLINS FORD 91 F150 PRICE $11,376.00 DELIVERY DATE 90 DAYS RON CARTER CHEV 91 PICKUP $11,143.38 8 WEEKS RON CARTER FORD 91 F150 $12,182.00 75-90 DAYS LES MARKS CHEV 91 C1500 WT $ 9,941.70 60-90 DAYS CROWN DODGE 91 D150 $12,086.00 - - - It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Bid No. B91-04, Full Size 1/2 Ton Pickup, be awarded to Les Marks Chevrolet in the amount of $9,941.70 with funds to be taken from the appropriate account. Motion passed 5 to 0. AWARD OF BID NO. B91-02, DUALLY CAB & CHASSIS Council reviewed the following bids: FW &N VENDOR MAKE PRICE DELIVERY DATE MORT HALL FORD 91 F350 $14,536.00 45-75 DAYS A. C. COLLINS FORD NO BID RON CARTER FORD 91 F350 $14,249.75 75-90 DAYS CROWN DODGE 91 D350 $15,906.00 6-8 WEEKS Shop Foreman Mike Joyce discussed with Council the specifications requested for this vehicle. While not the apparent low bidder, Crown Dodge did meet all specs, Mr. Joyce informed, and therefore, he recom- mended award to Crown Dodge. f It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Bid No. B91-02, Dually Cab & Chassis, be awarded to Crown Dodge in the amount of $15,906.00 with funds to be taken from the appropri- ate account. Motion passed 5 to 0. i j Mayor Coppinger recognized government student Brenda Perkins and her f friend from the audience. PROPOSAL FOR FINAL COVER OF LANDFILL BY BINKLEY & BARFIELD, INC., CONSULTING ENGINEERS City Manager Jim DeShazer informed the landfill had been closed in 1988 with no further material being placed there. However, there are still State requirements to be met in this closing and outside assist- ance is needed to meet these mandates. The Council discussed the Health Department's conditions and City Engineer Dick Qualtrough advised that if compliance is not enacted soon, the City could come under a 30 year monitoring by the State rather than a 5 year monitoring program. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that authorization be made for the expenditure to Binkley & Barfield, Inc., Consulting Engineers, for their services in closing the land- fill. Motion passed 5 to 0. RESOLUTION NO. R91-7, RESOLUTION AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR THE CRIME PREVENTION OFFICER Resolution No. R91-7 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Resolution No. R91-7 be passed on its first and only read- ing. Said Resolution No. R91-7 reads in caption as follows: RESOLUTION NO. R91-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFI- CER. City Manager DeShazer informed a grant had been received for 1991 and this resolution applies for the 1992 grant. � WA• Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:51 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topic to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:09 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION. Mayor Coppinger read the following item which was discussed in Execu- tive Session and signed a certification to that effect: UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - A discussion was held concerning the acquisition of road right-of-way. ADJOURN The meeting adjourned at 10:10 P. M. Min es approved as submitted and/orcorrected this .5' day of A. D., 1991. Mayor ATTEST: City Secretar 0