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1991-04-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARZin LAND, TEXAS, HELD ON APRIL 22, 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 D. A. Miller Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary Randy Weber Richard Tetens Jim DeShazer Glen Erwin Lester Rorick Pat Jones Absent from the Meeting: Councilmember William Wolff. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Coppinger asked Councilmember Smith to report on Councilmember Wolff who was taken ill this afternoon. A moment of silent prayer was observed in Councilmember Wolff's behalf. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of April 8, 1991, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that the Minutes of the Special Meeting of April 9, 1991, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "Scouting for Food Week" and a large group of Scouts and their leaders accepted the proclamation. "Loyalty Day" was declared by Mayor Coppinger and representatives from VFW 7109 and its Ladies Auxiliary accepted this proclamation. At Mayor Coppinger's request, Councilmember Smith presented a procla- mation for a "Community Wide Cleanup Day" in observance of Earth Day to Clean Pearland officers. Councilmember Smith was presented a Certificate of Appreciation for his work with this group. Mayor Coppinger offered his support to this group and expressed the desire that he would be remembered as the "Environmental Mayor." Mayor Coppinger proclaimed "Elks National Youth Week" and local lodge members accepted this proclamation. Mayor Coppinger reminded all present of the May 8th meeting with FAA officials regarding Clover Field to be held at our City Hall. In closing, Mayor Coppinger read a note from local senior citizens who thanked the Council and Parks Personnel for the dances held in their behalf. ,00 COUNCIL ACTIVITY REPORTS Councilmember Weber introduced a student from Jamison Middle School who had accompanied him to the Council meeting. Mr. Weber read a letter f rom a Jamison student and stated he had observed the traf f is situation at the middle school and offered a suggestion for its im- provement. In closing, Councilmember Weber commented he felt the reenactment of the four-way stop at the McLean, Walnut, and FM 518 intersection was working fine. Councilmember Smith also stated he had received letters from individu- als and had observed the traffic situation at Jamison and offered his suggestions for its improvements. Mr. Smith requested Staff look into bidding on a chipper so that composted materials could be recycled rather than taking up space in the landfill. Councilmember Smith inquired of the process to be followed should the coming election result in a runoff. Councilmember Tetens echoed Mr. Smith's request for a chipper as he had brought this to Council's attention several weeks ago. Mr. Tetens reported his attendance at Brazoria County Cities Association and the dedication of the new high school. Councilmember Miller reported he also had attended Brazoria County Cities Association as well as the high school open house. In closing, Councilmember Miller stated he also had received complaints about the Jamison school crossing and inquired of the City Manager the time frame needed to do a traffic survey. Mr. Miller urged the completion of a survey. DEPARTMENTAL REPORTS City Manager DeShazer reported the City is definitely interested in a chipper and has hopes to use the old landfill site as a composting area. A rear -loader garbage truck with a compactor has been consid- ered for use in transporting materials for composting. In closing, Mr. DeShazer reported the sewer relining in Willowcrest is going slower than anticipated. Mayor Coppinger commended Councilmembers Tetens and Smith for their good works with the Council. CITIZENS: None DOCKETED PUBLIC HEARING PURPOSE OF THE HEARING: REQUEST OF THE CITY OF PEARLAND TO ABANDON A PORTION OF OLD ALVIN ROAD RIGHT-OF-WAY SPEAKING FOR THE PROPOSED REQUEST: City Manager DeShazer explained that some years back, the City, in trying to eliminate a dangerous intersection at Hwy 35 and Old Alvin Road, purchased right-of-way tying Old Alvin Road into John Lizer Road and thereby, creating an intersection at a traffic light. The portion of Old Alvin Road which was cut off has been requested by the abutting property owners to be abandoned. We have received executed releases from these property owners and there are no utilities in this area. SPEAKING AGAINST THE PROPOSED REQUEST: None HEARING ADJOURNED UNFINISHED BUSINESS ORDINANCE NO. 610, ORDINANCE APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 IN THE HOUSTON LIGHTING AND POWER RATE INCREASE REQUEST Ordinance No. 610 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Weber, 101 that Ordinance No. 610 be passed and approved on its second and final. reading. Said Ordinance No. 610 reads in caption as follows: ORDINANCE NO. 610 AN ORDINANCE OF THE CITY OF PEARLAND APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 AND AUTHORIZING THE CITY OF PEARLAND TO BECOME A SIGNATORY TO THE SETTLE- MENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION IN THE HOUSTON LIGHTING & POWER RATE INCREASE REQUEST; r" AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 611, ORDINANCE AUTHORIZING THE EXECUTION OF A STIPULA- TION OF PARTIES IN CONNECTION WITH CIVIL ACTION NO. H-90-0205 HILL SAND COMPANY DBA DIXIE FARM ROAD LANDFILL COMPANY VS. CITY OF PEARLAND Ordinance No. 611 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Te - tens, that Ordinance No. 611 be passed and approved on second and final reading. Said Ordinance No. 611 reads in caption as follows: ORDINANCE NO. 611 AN ORDINANCE AUTHORIZING THE EXECUTION OF A STIPULATION OF PARTIES, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" IN CONNECTION WITH CIVIL ACTION NO. H-90-0205 HILL SAND COMPANY, INC. DBA DIXIE FARM ROAD LANDFILL COMPANY VS. CITY OF PEARLAND. Voting "Aye"- Councilmembers Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS ORDINANCE NO. 612, ORDINANCE VACATING, CLOSING AND ABANDONING A POR- TION OF OLD ALVIN ROAD RIGHT-OF-WAY IN PEARLAND, BRAZORIA COUNTY, TEXAS Ordinance No. 612 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 612 be passed and approved on its first reading. Said Ordinance No. 612 reads in caption as follows: ORDINANCE NO. 612 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING AND ABANDONING A CERTAIN RIGHT-OF-WAY CONSTI- TUTING A PORTION OF OLD ALVIN ROAD IN PEARLAND, BRAZO- RIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Miller, Tetens, Smith, and Weber. 102 Voting "No" - None. Motion passed 4 to 0. BID NO. B91-07, ANNUAL CONTRACT FOR DRUG AND ALCOHOL TESTING OF CITY EMPLOYEES ACCORDING TO GUIDELINES SPECIFIED IN ORDINANCE NO. 456-3 City Manager Jim DeShazer explained three bids were received for this requirement of our recently enacted drug policy. Mr. DeShazer dis- cussed the merits of each bid and stated Staff recommended M.P.C. Laboratory, Inc. be awarded the bid. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B91-07 be awarded to M.P.C. Laboratory, Inc. Council questioned the number of employees to be tested and City Manager DeShazer stated all would eventually be tested as well as job applicants. The applicability of all of the tests to all employees was considered. Motion passed 4 to 0. BID NO. B91-08, ANNUAL CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES ACCORDING TO GUIDELINES SPECIFIED IN ORDINANCE NO. 456-3 City Manager DeShazer commented on the two bids received. Interface EAP, Inc. proposed $22.00 per employee based upon 150 employees for a total of $3,300.00 annually with a limit of six visits per incident. BAS Employee Assistance Programs proposes a $250 per month fee regard- less of the number of employees for a yearly fee of $3,000.00 plus an additional start-up fee of $500.00 for a total of $3,500.00. BAS has unlimited patient visits and is located in the Webster area. Staff recommended BAS be awarded this bid due to the unlimited visits and the proximity of its facility. Council discussed the need for this program and Mary Hickling, Human Resources Coordinator, related some of the counseling services this program will provide. The question was raised if a contract is called for or can counseling service be provided on as needed basis. Mr. John Baxter of BAS introduced himself and stated his firm deals with any type of problem, hopefully, before it becomes job-related. It was moved by Councilmember Smith that Bid No. B91-08 be awarded to BAS Employee Assistance Programs. The motion died for lack of a second. REAPPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR A THREE YEAR TERM REAPPOINTMENT OF FOUR MEMBERS TO THE ZONING BOARD OF ADJUSTMENT FOR TWO YEAR TERMS; APPOINTMENT OF ONE ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT FOR A TWO YEAR TERM; AND REAPPOINTMENT OF TWO ALTERNATES TO THE ZONING BOARD OF ADJUSTMENT FOR TWO YEAR TERMS It was moved by Councilmember Smith, seconded by Councilmember Weber, that the above two items be moved to a future agenda. Motion passed 4 to 0. ORDINANCE NO. 614, ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF FRIENDSWOOD AND THE CITY OF PEARLAND FOR A MOBILE DATA TERMINAL SYSTEM --- Ordinance No. 614 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith that Ordinance No. 614 be passed and approved on its first reading. Said Ordinance No. 614 reads in caption as follows: '103 ORDINANCE NO. 614 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF FRIENDSWOOD AND THE CITY OF PEARLAND, TEXAS FOR A MOBILE DATA TERMINAL SYSTEM. There being no second to Councilmember Smith's motion, a lengthy discussion ensued. Jay Chapman of the Pearland Police Department related the mechanics of the equipment. Authorization was previously given by Council to purchase a message switcher, a key element in this setup, Mr. Chapman stated. Councilmember Smith stated he had served as the liaison to the Police Department and this was authorized by Council and the City, probably, had a moral obligation, if not a legal one, to the City of Friendswood, he felt. Councilmember Miller expressed his opinion that this equipment had continually failed to live up to its purported standards and had an open ended cost factor. It was determined that no state grant funds were involved; however, $37,060.00 in city funds were encumbered from last year for this project. The details of the contract were discussed. Mayor Coppinger suggested that the Police Department report back to the Council with a more formalized statement of our commitment. Chief Mike Hogg stated that he discovered after coming on board that we had not gotten a signed contract on something approved by the Council. A verbal agreement had been reached but nothing had been signed by the City of Pearland. Chief Hogg stated Pearland has spent the money up front and Friendswood, which did not have funds available at the time, will spend the next five years catching up with our funds. Chief Hogg stated he felt this would be a definite advantage for our Police Department and failure to get the contract signed originally had just been an oversight. Councilmember Smith restated his original motion to approve Ordinance No. 614 on its first reading and the motion was seconded by Council - member Tetens. There followed a discussion concerning the use of phone lines with the mobile data terminal. Voting "Aye" - Councilmembers Smith, Tetens, and Weber. Voting "No" - Councilmember Miller. Motion passed 3 to 1. COUNCIL AUTHORIZATION FOR ARCHITECT TO COMPILE AND PREPARE PLANS ON MELVIN KNAPP ACTIVITY BUILDING PREPARATORY TO BIDDING Mayor Coppinger reported he and Councilmembers Miller and Wolff had recently met with the architect and, as a result of this meeting, had decided it was time to put this on the agenda and go forth with the project. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Jack McGuff, Architect, be instructed to go forth with the plans, working with the Staff, to bring the Melvin Knapp Activity Building expansion to the bidding stage. In discussion, Council discussed possible costs per square foot and Mayor Coppinger offered the suggestion that Council see what the bids come in as and then see where cuts can be made, if necessary. Mr. Jack McGuff stated that $50.00 per square foot is not high with today's construction costs and further stated that he is about 85% 104 complete with the construction documents. Motion passed 4 to 0. ORDINANCE NO. 615, ORDINANCE PROVIDING FOR THE APPROVAL OF AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY FOR A TRAFFIC SIGNAL AT THE SITE OF THE NEW HIGH SCHOOL AND DECLARING AN EMERGENCY Ordinance No. 615 was read in caption by Councilmember Weber. (First and only Reading) It was moved by Councilmember Weber, seconded by Councilmember Miller, that Ordinance No. 615 be passed and approved on its first and only reading. Said Ordinance No. 615 reads in caption as follows: ORDINANCE NO. 615 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREE- MENT DATED APRIL 22, 1991, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CON- STRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING ON EMERGEN- CY. Voting "Aye" - Councilmembers Miller, Tetens, Smith, and Weber. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R91-12, RESOLUTION APPOINTING A REPLACEMENT ALTERNATE ELECTION JUDGE FOR THE MAY 4, 1991, CITY OFFICERS' ELECTION Resolution No. R91-12 was read in its entirety by Councilmember Te - tens. It was moved by Councilmember Tetens, seconded by Councilmember Mill- er, that Resolution No. R91-12 be passed and approved on its first and only reading. Said Resolution No. R91-12 reads in its entirety as follows: RESOLUTION NO. R91-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, APPOINTING A REPLACEMENT TO SERVE AS ALTERNATE PRESIDING JUDGE IN THE CITY OFFICERS' ELEC- TION TO BE HELD ON MAY 4, 1991. WHEREAS, Oleta Hawkins, appointed as Alternate Presiding Judge for the City Officers' Election, has notified the City Secretary's Office that she cannot serve in this position; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: THAT Mary Lee Miller is appointed to serve in this capacity for the May 4, 1991, City Officers' Election. PASSED, APPROVED, and ADOPTED this day of A. D., 1991. /s/ C. V. Coppinger, Mayor /s/ Pat Jones, City Secretary /s/ Lester Rorick, City Attorney Voting "Aye" - Councilmembers Weber, Tetens, and Miller. 105 Voting "No" - None. Motion passed 3 to 0, with Councilmember Smith abstaining. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:20 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 this evening: UNDER SUBSECTION (g) PERSONNEL - Discussion of Personnel Matter. MEETING RETURNED TO OPEN SESSION AT 9:40 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. ADJOURN The meeting adjourned at 9:41 P. M. Min es approved as submitted and/or corrected this 13 day of A. D., 1991. Ma ATTEST: City Secretar