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1994-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 28, 1994, 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 Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, Police Chief Mike Hogg, and Attorney Dick Gregg, III. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the special meeting of March 14, 1994, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the regular meeting of March 14, 1994, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the minutes of the special meeting of March 17, 1994, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the special meeting of March 21, 1994, be approved as submitted. Motion passed 3 to 0, with Councilmembers Colson and Smith abstaining. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the special meeting of March 22, 1994, be approved as presented. Motion passed 4 to 0, with Councilmember Smith abstaining. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the special meeting of March 23, 1994, be approved as submitted. Motion passed 4 to 0, with Councilmember Smith abstaining. MAYOR'S ACTIVITY REPORT Mayor Coppinger recognized Peggy Green of the Reporter News. 21 Mayor Coppinger issued a proclamation for Keep America Beautiful Month. The proclamation was read by Mrs. Coppinger, a long-time member of Clean Pearland. Clean Pearland Board members accepted the proclamation and Delores Fenwick, Executive Director, informed the audience of events planned for this month. Mayor Coppinger also proclaimed Future Farmers of America Day and students from this organization were present to accept this proclamation. COUNCIL ACTIVITY REPORTS Councilmember Miller mentioned the number of meetings the Council has held and praised the efforts of all involved in the successful Easter Egg Hunt at the park on March 26. Councilmember Frank attended all meetings of the Council. Councilmember Colson had nothing to report at this time. Councilmember Weber attended all meetings of the Council and inquired about receiving a copy of a letter regarding Chief Hogg's request for separate legal representation. City Manager Grohman stated this was an oversight and he would see that Council received a copy. Councilmember Smith reported the EMS is readying for spring and plans are being make for hurricane preparedness. CITY MANAGER'S REPORT City Manager Grohman commented on the public hearing held on impact fees earlier in the evening. Mr. Grohman discussed plans for Centennial Park, Hyde Park, and the area behind City Hall which may be called Centennial Plaza. Mayor Coppinger read a communication signed by approximately sixty employees in support of City Manager Grohman. CITIZENS 1. Robin Simmons, Best Waste. Ms. Simmons introduced Scott Hunter, Vice -President of Operations, and they discussed the company's service to the City, answering questions. 2. Missy Miller, 2502 Longwood. Ms. Miller spoke in support of City Manager Grohman. 3. Frances Jamison, FM 518. Ms. Jamison questioned the disposition of land bought by the Mayor and City Manager and commented on the City's judgment against her. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS APPROVAL OF LITTLE LEAGUE PARADE ROUTE It was moved by Councilmember Frank, seconded by Councilmember Miller, that approval be given to Little League Parade route as recommended by Police Chief Hogg. Motion passed 5 to 0. AWARD OF BID NO. B94-41 TREES Council considered bids from Lacy Hollow Landscaping, Golden Triangle Tree Broker, and Landscape Services. Division Director Richard Burdine recommended the bid be split between Landscape Services for purchase of the trees in the amount of $15,819.00 and Lacy Hollow Landscaping for installation of trees in the amount of $9,250 with an additional $1,500 for bedding mix 22 to backfill the holes. Mr. Burdine informed that $30,000 is available for use and the trees must be purchased and installed before the end of April. Mr. Burdine recommended leftover funds be used to purchase larger trees or to install an irrigation system. Council questioned who would warrant the trees if one company provided them and another installed them. Mr. Burdine informed there was no warranty. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Bid No. B94-4 be awarded to Landscape Services in the amount of $15,819.00 and to Lacy Hollow Landscaping in the combined amount of $10,750.00 with unused funds to be used for the purchase of larger trees and/or a watering system. Motion passed 5 to 0. i AWARD OF BID NO. B94-5, CONCESSION CONTRACT FOR VENDING MACHINES Council considered bids from Blue Bell Creameries and Executive Suite Vending. Division Director Richard Burdine recommended award of bid be made to Blue Bell Creameries for ice cream at the swimming pool concession and to Executive Suite Vending for other municipal sites. It was noted the contract is for one year but can be continued if the vendor provides good service. It was moved by Councilmember Smith, seconded by Councilmember Colson, that B94-5 be awarded to Blue Bell Creameries and Executive Suite Vending be awarded the City concession contracts for vending machines. Motion passed 5 to 0. RESOLUTION NO. R94-12, AUTHORIZING PLACEMENT OF STOP SIGNS IN WEST OAKS SUBDIVISION Resolution No. R94-12 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Smith, that Resolution No. R94-12 be passed and approved on its first and only reading. Said Resolution No. R94-12 reads in caption as follows: RESOLUTION NO. R94-12 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF WEST OAKS BLVD., WEST OAKS CIRCLE NORTH, AND WEST OAKS CIRCLE SOUTH (WEST OAKS SUBDIVISION). Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-13, AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT BETWEEN CITIES OF PEARLAND AND FRIENDSWOOD FOR WATER AND SEWER SERVICE Resolution No. R94-13 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R94-13 be passed and approved on its first and only reading. 23 SaidResolution No. R94-13 reads in caption as follows: RESOLUTION NO. R94-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR MAYOR COPPINGER FROM REGULAR MEETING OF MARCH 14, 1994 It was moved by Councilmember Weber, seconded by Councilmember Colson, that Mayor Coppinger be excused from the regular meeting of March 14, 1994. Motion passed 5 to 0. RESOLUTION NO. R94-14, AUTHORIZING PLACEMENT OF NO PARKING SIGNS IN VARIOUS PLACES IN CITY Resolution No. R94-14 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Resolution No. R94-14 be passed and approved on its first and only reading. Said Resolution No. R94-14 reads in caption as follows: RESOLUTION NO. R94-14 A RESOLUTION AUTHORIZING AND DIRECTING THE PLACEMENT AND ERECTION OF "NO -PARKING" SIGNS WITHIN THE CITY OF PEARLAND AT THE FOLLOWING LOCATIONS: THE NORTH SHOULDER OF RUSTIC LANE; THE WEST SHOULDER OF STEVENSON STREET; AND THE 4400 BLOCK OF WEST BROADWAY ON THE EVEN -NUMBERED SIDE OF THE STREET IN FRONT OF 4420, 4418, 4416, AND 4412 W. BROADWAY. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. INFORMATION CONCERNING MEB ENGINEERING, INC., CONTRACTOR FOR FM 518 WATERLINE RELOCATION City Attorney Gregg informed City Engineer Hargrove, Division Director Burdine, and he had meetings with this contractor and there will be a termination of the contract. Litigation will not be necessary, Mr. Gregg continued, and there will be no monetary loss of any consequence. The terms of the document were discussed and Mr. Gregg informed the contractor's attorney will sign the final document. RESOLUTION NO. R94-15, AMENDING RESOLUTION NO. R94-1, REGARDING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR CITY COUNCIL Resolution No. R94-15 was read in caption by Councilmember Smith. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R94-15 be passed and approved on its first and only reading. M Councilmember Weber explained he had requested this item to be placed on the agenda, adding a new item no. 8 in the order of business for Council, entitled "Evaluation and Discussion of City Manager's Performance." The objective is to keep the public better informed, Mr. Weber stated. Said Resolution No. R94-15 reads in caption as follows: RESOLUTION NO. R94-15 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R94-1, AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CERTAIN RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Weber. Voting "No" - Councilmember Smith. Motion passed 4 to 1. RESOLUTION NO. R94-16, REGARDING RECENT LETTER TO H -GAC FROM CITY MANAGER Resolution No. R94-16 was read in its entirety by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R94-16 be passed and approved on its first and only reading. Said Resolution No. R94-16 reads as follows: RESOLUTION NO. R94-16 A RESOLUTION STATING THAT THE RECENT ACTIONS OF THE CITY MANAGER IN COMPLAINING TO THE HOUSTON-GALVESTON AREA COUNCIL ABOUT THE FUNDING FOR A GRANT TO THE OFFICE OF THE DISTRICT ATTORNEY OF BRAZORIA COUNTY OR THE CONDUCT OF ANY MEMBER OF THAT OFFICE WAS A ROGUE, UNAUTHORIZED ACT THAT WAS NOT CONDONED BY COUNCIL; AND THE FACT THAT HE DID SO ON CITY STATIONERY WAS MISLEADING AND SUGGESTED THAT COUNCIL CONDONES SUCH BEHAVIOR WHEN IT DOES NOT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, THAT: 1. The City Council has not instructed and does not condone or support the efforts by City Manager Paul Grohman to inquire into the propriety of funding of any grant for the office of the District Attorney of Brazoria County, Texas. The fact that he made a protest on City stationery does not mean it is an act by this City. It is not. The Council did not know about, approve of, or encourage these actions, nor did it or does it encourage or condone his inquiry into the conduct of anyone in the District Attorney's Office. 2. It is unfortunate that Mr. Grohman used City stationery in his inquiry/investigation, since he is acting independently of the Council in these matters, and the official stationery makes it appear as if we condone such behavior. We don't. 3. The City Secretary is instructed to certify three copies of this resolution and to send one to the Houston -Galveston Area Council, one to the District Attorney of Brazoria County, and one to James W. Phillips, County Judge of Brazoria County. AND SO IT IS ORDERED. PASSED and APPROVED this day of , A. D., C. V. Coppinger, Mayor 25. ATTEST: Pat Jones, City Secretary, TRMC APPROVED AS TO FORM: Dick Gregg, Jr., City Attorney Citizen Input• 1. Marvin Elam, 3422 E. Circle. Mr. Elam spoke about good "- government and Christian renewal. 2. Jerry Richardson, 5309 Groveton. Mr. Richardson stated he was embarrassed by Council actions and discussed the use of the word "rogue" which he felt was unnecessary. 3. Dave Miller, 2706 Shady Creek. Mr. Miller stated the action of the Council was an attempt to assassinate the character of the City Manager and informed that the District Attorney's office and Mr. Selleck were under investigation. Continuing his remarks, Mr. Miller stated Councilmember Miller should not vote on this issue because of a conflict of interest and that a conflict of interest existed when Mr. Selleck served as prosecutor during the grand jury inquiry of Councilmember Miller. Councilmember Weber called for the question. Voting "Aye" - Councilmembers Weber, Colson, Frank, and Miller. Voting "No" - Councilmember Smith. Motion passed 4 to 1. Councilmember Smith noted that the City Attorney had recommended the word "rogue" not be used. AUTHORIZATION TO CITY ATTORNEY TO MAKE A PROPOSAL TO THE ATTORNEYS FOR THE CITY MANAGER REGARDING POSSIBLE RESOLUTION OF THREATENED LITIGATION Mayor Coppinger informed this item would be considered after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:50 P. M. Mayor Coppinger read from the posted agenda the following topic to be considered in Executive Session: SECTION 551.071 - Private consultation with the attorney(s) for the City to seek legal advice regarding threatened and contemplated litigation against the City by Paul Grohman, City Manager, pursuant to Section 551.071 of the Government Code, Subsection (1) (A). MEETING RETURNED TO OPEN SESSION AT 9:28 P. M. NEW BUSINESS: CONTINUED AUTHORIZATION TO CITY ATTORNEY TO MAKE A PROPOSAL TO THE ATTORNEYS FOR THE CITY MANAGER REGARDING POSSIBLE RESOLUTION OF THREATENED LITIGATION City Attorney Gregg informed that a compilation of suggestions from several meetings had been formalized and was ready to be offered to Mr. Grohman's attorneys. Mr. Gregg stated this was the document seen by Council in Executive Session and asked that he be authorized to present same to Mr. Grohman's attorneys as a settlement negotiation which would not be subject to public dissemination at this time. 26 Mr. Gregg noted that a meeting has been posted for Thursday night with no action item but this was done as a mechanism to deal with a response from Mr. Grohman I s attorneys and stated he would, at Council direction, fax the proposal to Mr. Grohman's attorneys in the morning. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the City Attorney be instructed to present the document as seen in Executive Session to Mr. Grohman's attorneys at the earliest time possible tomorrow. Motion passed 4 to 1, with Councilmember Smith voting no. Mayor Coppinger denied a request by Rev. Scarborough to speak which was not received in a timely manner. City Manager Grohman noted that his lead attorney was out of town and questioned the timeframe. City Attorney Gregg urged that all work within the timeframes available. ADJOURNMENT The meeting adjourned at 9:36 P. M. Mines approved as submitted and/or corrected this -2,, day of A. D., 1994. ATTEST: 4 / Pat Jones ity Secretary, TRMC C. Cop er, Ma r