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1994-06-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 27, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Barry Abrams Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, and Chief of Police Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the minutes of the regular meeting of June 13, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger reminded all of the City's coming 4th of July celebration. Mayor Coppinger read a letter from the Tri -County YMCA which requested funding for its successful Teen Court. Mayor Coppinger recognized Jim Wood for his service on the Civil Service Commission and asked that the certificate be mailed to him. COUNCIL ACTIVITY REPORTS Councilmember Richardson had nothing to report at this time. Councilmember Weber reported his attendance at the Brazoria County Cities Association meeting held on June 15. Councilmember Smith reported he also attended BCCA. Mr. Smith informed the office of Emergency Management will soon be video taping City properties, both interior and exterior, for use in the recovery process in the event of a natural disaster. Mr. Smith urged private citizens to do this also in their homes for insurance purposes. Closing his report, Councilmember Smith reported the method of funding for highways has again changed. Councilmember Tetens had nothing to report at this time. Councilmember Miller reported his attendance at BCCA and announced that Councilmember Weber had been elected first vice-president at this meeting. Mr. Miller also attended the Park Board meeting on June 20 and commended the Parks Department in that funds are up significantly from last year at this time. CITY MANAGER'S REPORT City Manager Grohman stated the Park funds were up due to increased participation by the public. Mr. Grohman introduced Al Johnson and Billye Arcemant of the Pearland-Hobby Chamber of Commerce. An excellent video produced by the Chamber and narrated by local television celebrity Ron Stone was shown. It is hoped the video will promote growth to the area. CITIZENS 1. C. D. Anderson, 3215 Jacquelyn. Mr. Anderson spoke about the disturbance of his property while work is being done on the drainage ditch behind his home. -� City Manager Grohman stated he will get answers for Mr. Anderson and Council. 2. L. B. Lyon, 5013 Apple Springs. Mr. Lyon passed out printed material to the Council which requested speed bumps and solving of drainage problems. 3. Charles McMurrey, 5209 Spring Branch Drive. Mr. McMurrey spoke concerning non -enforcement of the fireworks ordinance and revision to the health ordinance regarding unsanitary restaurants. 4. Laurel Murray, 7243 1/2 Moline, Houston. Ms. Murray stated she wanted to move to Pearland but was told her pet ferrets were not considered domesticated animals by City ordinance. Ms. Murray asked that the provisions of the ordinance be reconsidered. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS EXCUSED ABSENCE FOR COUNCILMEMBER TETENS FROM REGULAR MEETING OF JUNE 13, 1994 It was moved by Councilmember Smith, seconded by Councilmember Weber, that Councilmember Tetens be excused from the regular meeting of June 13, 1994. Motion passed 4 to 0, with Councilmember Tetens abstaining. AUTHORIZATION FOR CITY MANAGER TO EXTEND CONTRACT WITH LAIRSON- STEPHENS-REIMER, P.C. FOR A PERIOD NOT TO EXCEED TWO YEARS City Manager Grohman explained we are in the third and final year of our agreement with this firm which has provided outstanding service. Mr. Grohman informed that new hardware and software will soon be put into place in this area of city government and it would be well to keep the same auditors during this transition period. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that the City continue with the firm of Lairson- Stephens-Reimer, P.C. for a period of two years. Motion passed 5 to 0. RESOLUTION NO. R94-37, AUTHORIZING STOP SIGNS IN PEARLAND PAVILION SUBDIVISION Resolution No. R94-37 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Resolution No. R94-37 be passed and approved on its first and only reading. • Said Resolution No. R94-37 reads in caption as follows: RESOLUTION NO. R94-37 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE STOPS ON HAMPSHIRE AT ITS INTERSECTIONS WITH MAIN STREET AND OLD ALVIN ROAD; ON SOUTH GALVESTON AT ITS INTERSECTIONS WITH HAMPSHIRE AND WALNUT; AND ON LOCKHEED AT ITS INTERSECTION WITH SOUTH GALVESTON (PEARLAND PAVILION SUBDIVISION). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. WITHDRAWAL OF AWARD OF BID NO. B94-3, ITEM 2, 3/4 TON UTILITY TRUCKS, DUE TO PROVIDER'S INABILITY TO MEET DELIVERY DATE Mike Joyce, Fleet Manager, explained the history of this bid, informing that the factory had not produced a 3/4 ton truck with an automatic transmission; and, therefore, the dealer was unable to meet the delivery date. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Bid No. B94-3, item 2, 3/4 ton utility trucks, be withdrawn from Hendrix Trucks. Motion passed 5 to 0. RATIFICATION OF PURCHASE OF 3/4 TON UTILITY TRUCKS ON BID NO. B94-3 FROM A. C. COLLINS FORD Mr. Joyce explained that A. C. Collins Ford had originally bid and were willing to honor their original bid price. They have one gas and one diesel engine in stock. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that B94-3, item 2, be awarded to A. C. Collins Ford. Motion passed 5 to 0. RESOLUTION NO. R94-38, DECLARING CERTAIN MACHINERY AND EQUIPMENT AS SURPLUS AND AUTHORIZING PUBLIC AUCTION FOR JULY 29, 1994 Resolution No. R94-38 was read in caption by Mayor Coppinger. Fleet Manager Joyce discussed the planned details for the auction, relating that the same auctioneer from previous years has agreed to serve at the same rate of commission as before. The auction is being timed when two other area cities are having sales in a close timeframe and a pamphlet covering all three events will be prepared and distributed. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Resolution No. R94-38 be approved on its first and only reading. Said Resolution No. R94-38 reads in caption as follows: RESOLUTION NO. R94-38 A RESOLUTION DECLARING CERTAIN MACHINERY AND EQUIPMENT AS SURPLUS AS TO THE NEEDS OF THE CITY OF PEARLAND, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL SAME AT PUBLIC AUCTION AND ESTABLISHING JULY 29, 1994, FOR THE CONDUCT OF SUCH AUCTION. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:38 P. M. Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: SECTION 551.074 - Personnel - Discussion regarding appointment of two alternate members to the Zoning Board of Adjustment. SECTION 551.074 - Personnel - Discussion regarding amendment and extension of City Manager's employment agreement. SECTION 551.071 - Legal - Discussion of resolution of claims and possible litigation by City Manager. MEETING RETURNED TO OPEN SESSION AT 9:58 P. M. NEW BUSINESS: Continued APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Suzanne Tullis and Jeff O'Brien be appointed as alternate members of the Zoning Board of Adjustment. Motion passed 5 to 0. RESOLUTION OF CLAIMS AND POSSIBLE LITIGATION BY CITY MANAGER It was moved by Councilmember Richardson that we accept the agreement on the release and contract of settlement as read and then as amended by the Council in the Executive Session. Mayor Coppinger inquired of City Attorney Abrams if it was necessary to read this as part of the motion or is the motion adequate as made. Mr. Abrams responded that it was adequate and he would furnish a copy with the changes that were discussed. The motion was seconded by Councilmember Smith. Motion passed 4 to 1, with Councilmember Miller voting no. AMENDMENT AND EXTENSION OF CITY MANAGER'S EMPLOYMENT AGREEMENT It was moved by Councilmember Smith that the agreement as presented and corrected by legal counsel be adopted and put in a form to be signed by the appropriate parties. Mayor Coppinger again inquired of legal counsel if it was necessary to read the details or was the motion as made adequate. Mr. Abrams responded that the motion was adequate. The motion was seconded by Councilmember Tetens. Motion passed 4 to 1, with Councilmember Miller voting no. ADJOURNMENT The meeting adjourned at 10:01 P. M. Minixtes a proved as submitted and/or corrected this day of A. D., 1994. ATTEST: Pa --Jones, y Secretary, TRMC J