Loading...
1994-04-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 11, 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. Dick Gregg, III Pat Jones Others in attendance: Division Director Glen Erwin and Police Chief Mike Hogg. 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 Weber, that the minutes of the public hearing of March 28, 1994, be approved as submitted. Motion passed 4 to 0, with Councilmember Colson abstaining. It was moved by Councilmember Colson, seconded by Councilmember Weber, that the minutes of the regular meeting of March 28, 1994, be approved as presented. Councilmember Smith asked that the motion be amended to reflect a statement made by Councilmember Weber after the Council returned from Executive Session regarding a meeting on Friday night. After discussion, Councilmember Weber seconded Councilmember Smith's motion to amend. After more discussion, Councilmember Weber withdrew his motion. Following more discussion, it was moved by Councilmember Frank, seconded by Councilmember Miller, to table the approval of the minutes of the regular meeting of March 28, 1994. Motion passed 4 to 1, with Councilmember Smith voting no. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the minutes of the special meeting of March 31, 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 Miller, that the minutes of the special meeting of April 5, 1994, be approved as presented. Motion passed 4 to 0, with Councilmember Smith abstaining. It was moved by Councilmember Weber, seconded by Councilmember aw Colson, that the minutes of the special meeting of April 7, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed April as "Child Abuse Prevention Month. 11 Ms. Joy Miller who serves on the Board of Directors of this organization accepted the document and explained some of the many functions of this body as it sees to the welfare of children. Continuing his report, Mayor Coppinger related he attended an economic development meeting co-sponsored by the Alvin and Pearland Chambers of Commerce and informed there will be a Brazoria County Business Development Conference on May 19. Mayor Coppinger commented on Opening Day for the Little League which was held this Saturday and noted that the City had received a rebate from Texas Municipal League on its general liability insurance contribution. At Mayor Coppinger's request, Councilmember Smith updated the audience on upcoming meetings for hurricane preparedness. The Ministerial Alliance will observe National Day of Prayer with a ceremony at noon on the front lawn of City Hall on May 5, Mr. Coppinger informed. Councilmember Colson read a note from League of Women Voters requesting a requirement for banners. Liability encouraging voting was discussed and Council that this item would be consideration and possible solution. COUNCIL ACTIVITY REPORTS Ms. Helen Beckman of the waiver to the insurance for the League's banner it was the consensus of on the next agenda for Councilmembers Miller and Frank reported their attendance at the three special meetings held recently. Councilmember Colson had nothing to report at this time. Councilmember Weber reported his attendance at the special meetings and stated he looked forward to attending BCCA's monthly meeting on April 20. Councilmember Smith reported a new ambulance has arrived and will be in operation soon. Mr. Smith commented on a drill held at the Brio site. CITY MANAGER'S REPORT City Manager Grohman reported on the tree planting resulting from the recent award of bid and noted that Independence Park looks brighter with flowers planted. Recreational leagues are numerous this year and the new ambulance is welcome as new records are being set for the number of calls, Mr. Grohman stated. -- A meeting was held this morning regarding an EMA grant and Mr. Grohman reported he had obtained designation as a Certified Emergency Manager which will give the City additional leverage with federal officials when needed. CITIZENS 1. Frances Jamison, FM 518. Ms. Jamison had signed to speak but declined. It was noted that Pearland resident Marvin Chipman had passed away last week. 34 EVALUATION AND DISCUSSION OF CITY MANAGER'S PERFORMANCE Mayor Coppinger read the following statement: "I think I will take the opportunity at this time to read a little statement that I have put together because so many of you people are not here when we come back from our Executive Sessions. And reading our Executive Session tonight, it's Kind of open ended and makes me think we're going to have some more and if you will remember, we had trouble getting the minutes approved from one, two, three, four sets of special meetings here tonight. If you'll go back and look at last month's agenda, we had four other special meetings. Almost all of these have to do, or to the best of my knowledge, to do with the evaluation of our city manager and this business, are we going to retain our city manager or are we going to discharge him? So, I have a statement that I want to read because I am afraid that most of you won't be here when we come out of Executive Session tonight. Please let me call your attention to item 12 on your agenda, an executive session in which Council will again here advice from our city attorney regarding contemplated legal activity by City Manager Paul Grohman. At some hour tonight, after this executive session, possibly around 9:30 or 10:00 o'clock when most of you have already gone home, we'll return to regular session to continue deliberation about continuing to employ Mr. Grohman or to fire him. Now, more often than not, most of you do not stay around for these late hour discussions as you usually give up and go home at a more reasonable hour which I would also do if I were in your shoes or, more rightly, if I were in your seat. For we've heard these arguments a dozen times before. With only one regular Council meeting left for two of these sitting Council members, it seems to me that Council would recognize that by all the rules of decency and fair play, the decision to retain or fire Paul Grohman has now passed from it, the Council, and should be decided by the voters on May 7. It is my feeling that this meeting tonight and whatever other meetings might be scheduled for this purpose after tonight are unnecessary, without purpose, and only serve to waste taxpayer dollars, paying unnecessary legal fees. If these incumbents are re-elected on May 7, it is quite plain that the electorate has spoken and they want Mr. Grohman fired. Conversely, if these two people are not returned to office by a citizenry which has invoked itself in this issue continuously for the past six months, that they approve of Mr. Grohman, his staff, and their accomplishments and they want him to be given an opportunity to continue with a newly elected Council, should the newly elected Council choose to do so. I can also speak for Mr. Grohman in that I have discussed this with him and advise you that he has told me that if these two incumbent Council people are re-elected, he will sit down with them and negotiate a termination of his contract, setting the Whistleblower Act aside. It is my feeling that to fire Paul Grohman or not to fire him by this Council is a moot question. It is no longer theirs to make. It transcends their limited roles and expiring authority on this Council and it is for us, the citizens, to decide and advise the new Council on May 7. We, on this Council, know, from Mr. Grohman has given us ample warning that if he is fired that he's going to defend himself under the Whistleblower's Act, an act structured in favor of the employee and especially difficult to defend against. And it's an act against which this City is not insured. To fire a popular City Manager who can rely on favorable testimony from dozens of loyal employees and some of us on the Council is an act far too risky and irresponsible for this Council to take no matter how vengeful their feelings. The decision belongs to the voters. For the Council to deprive us of the ability to make that decision could be called a rogue act. The decision is ours. Hopefully, this Council will tend to only routine business until the voters tell them what they want to do on May 7. Thank you and I read this now because I assume that many of you will not be back when Council comes back out of that Executive Session." 35' DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS RESOLUTION NO. R94-18, ADOPTING A CAPITAL IMPROVEMENTS PLAN AND REPEALING RESOLUTION NO. R88-30 Resolution No. R94-18 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R94-18 be passed and approved on its first and only reading. City Manager Grohman explained that all had been complied with to impose these impact fees. Said Resolution No. R94-18 reads in caption as follows: RESOLUTION NO. R94-18 A RESOLUTION ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND, TEXAS; PROVIDING FOR THE IMPOSITION OF IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; REPEALING THE CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES ADOPTED AS RESOLUTION NO. R88-30 BY MOTION OF CITY COUNCIL ON OCTOBER 10, 1988; AND PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller. Voting "No" - None. Abstaining - Councilmember Colson. Motion passed 4 to 0, with Councilmember Colson abstaining. DECISION ON ASSESSMENT RESULTING FROM ACCEPTANCE OF ROADS DISANNEXED BY CITY OF MANVEL INTO COUNTY SYSTEM FOR MAINTENANCE It was explained that the City's old landfill site is in an unincorporated area because Manvel could not afford to repair the roads in this locality resulting in disannexation. The County can't accept them until they are brought up to standards. As an owner of adjacent property, the City will be assessed $1,680 if it votes to have the County maintain this road. It was moved by Councilmember Frank, seconded by Councilmember Smith, that the City Manager be instructed to vote "aye" for this road assessment. Discussed ensured regarding leasing this site. Motion passed 5 to 0. RESOLUTION NO. R94-19, AUTHORIZING STOP SIGNS IN VARIOUS SITES IN CITY Resolution No. R94-19 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Resolution No. R94-19 be passed and approved on its first and only reading. Said Resolution No. R94-19 reads in caption as follows: RESOLUTION NO. R94-19 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 AT THE INTERSECTION OF WEST OAKS BLVD. AND WEST OAKS CIRCLE NORTH; A THREE-WAY STOP AT THE INTERSECTION OF WEST OAKS BLVD. AND WEST OAKS CIRCLE SOUTH; STOPS ON WEST OAKS 36 BLVD. AT ITS INTERSECTIONS WITH WEST BROADWAY AND COUNTY ROAD 91; STOPS ON MAPLE LANE AND ASPEN LANE AT THEIR INTERSECTIONS WITH WEST OAKS CIRCLE NORTH; STOPS ON RED OAK LANE AND WHITE OAK LANE AT THEIR INTERSECTIONS WITH WEST OAKS CIRCLE SOUTH; STOPS ON FERN COURT AND PALM COURT AT THEIR INTERSECTIONS WITH WEST OAKS BLVD. (WEST OAKS SUBDIVISION); AND FURTHER TO CREATE STOPS ON CAMELOT, LOCHMOORE, AND CHELSEA AT THEIR INTERSECTIONS WITH RIVERSIDE DRIVE; AND A THREE-WAY STOP AT THE INTERSECTION OF RIVERSIDE DRIVE AND MERRIBROOK (RIVERWALK SUBDIVISION); AND FURTHER TO CREATE A FOUR-WAY STOP AT THE INTERSECTION OF SPRINGFIELD AND DOGWOOD; AND A FOUR- WAY STOP AT THE INTERSECTION OF SPRINGFIELD AND GREENWOOD (WESTWOOD VILLAGE SUBDIVISION); AND FURTHER TO CREATE STOPS ON MEGAN AND TYLER STREETS AT THEIR INTERSECTIONS WITH NORTH HATFIELD (COLONY PARK SUBDIVISION); AND FURTHER TO REPEAL RESOLUTION NO. R94-12, ADOPTED BY CITY COUNCIL ON MARCH 28, 1994. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. In discussion, it was noted that an effort is being made to having traffic plans in place before acceptance of a subdivision. ACCEPTANCE OF COLONY PARK SUBDIVISION Upon the recommendation of City Engineer John Hargrove, it was moved by Councilmember Frank, seconded by Councilmember Miller, that Colony Park Subdivision be accepted with the condition that building permits not be issued until two items as specified by Drainage District No. 4 have been completed and signed off on by the County. Motion passed 5 to 0. ACCEPTANCE OF WEST OAKS SECTION 2-A Upon recommendation of City Engineer Hargrove, it was moved by Councilmember Weber, seconded by Councilmember Smith, that West Oaks Section 2-A be accepted with the condition that a 3611 steel pipe be changed out to a reinforced concrete pipe. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:41 P. M. UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topics to be discussed 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). SECTION 551.074 - Deliberation of the continued employment and/or dismissal of Paul Grohman, City Manager, pursuant to Section 551.074 of the Government Code, Subsection (A) (1) and (2), unless Paul Grohman requests a public hearing of the deliberations under Subsection (b). City Attorney Gregg noted there would be no action item. MEETING RETURNED TO OPEN SESSION AT 10:34 P. M. ADJOURNMENT The meeting adjourned at 10:34 P. M. Minu" s approved as submitted and/or corrected this s day of A. D.,1994. C. V.`�ppinger, Mayor David Smith, Mayor Pro Tem ATTEST: Pat Jones ity Secretary, TRMC 37