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1993-05-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 10, 1993, 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 Lester Rorick Pat Jones Others in attendance were Division Directors Richard Burdine and Glen Erwin, Chief Mike Hogg, and City Engineer John Hargrove. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the regular meeting of April 26, 1993, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued Certificates of Appreciation to Board Members James Garner and Mary Starr for their service on the Planning and Zoning Commission. Patsy Eilers was also given a certificate for her service on the Zoning Board of Adjustment. Mayor Coppinger noted that Joe Fowler and Judy Demecs were also being honored for their service on the Zoning Board of Adjustment and the Library Board, respectively, but were not present to receive their certificates. Mayor Coppinger proclaimed "EMS Week" and Councilmember Smith, Emergency Management Coordinator, assisted him in presenting this document to three of the EMS volunteers. Accepting the proclamation were Pat Henderson, Keith Bonner, and Mike Joyce. Mayor Coppinger asked City Manager Grohman to announce an award received by Carrol Frank, Municipal Court Clerk, as "Employer of the Year." This award was given to Mrs. Frank because of a letter written by her Vocational Education Student Amy Lester. Employees of Municipal Court were on hand to receive the award. COUNCIL ACTIVITY REPORTS Councilmembers Miller and Frank had nothing to report at this time. Councilmember Colson reported on the progress of the Centennial committee which is currently working on a logo for this event. Councilmember Weber had nothing to report at this time. Councilmember Smith commented on the "Hurricane Polly" exercise and reported all went well. i 34 CITY MANAGER'S REPORT City Manager Grohman reported on area paving, progress in the Parks Department, area signalization, and the latest reports from Texas Department of Transportation regarding their work in the City. It was announced the City picnic will be in June, the DARE graduation program on May 14, and the Police Awards Banquet on May 13. CITIZENS 1. Max Dutton, 2222 N. Austin, #19. Mr. Dutton informed he owns mobile homes which he rents and inquired about the requirement for a licensed electrician to inspect the facility each time it is rented. Mr. Dutton stated this proved to be costly as two inspections are necessary under this requirement because he puts the electrical service in his name temporarily during the interim between rentals. There ensued a discussion between Council, Staff, and Mr. Dutton to remedy this situation, with Staff explaining the need for this procedure due to large appliances being moved and not having to put the inspectors in a position of giving advice on electrical matters. Staff will look into this. 2. John Massey, Box 112, Pearland. Mr. Massey questioned obtaining sewer service to his property as well as the requirements for this service. Mayor Coppinger advised this matter will be taken under consideration. 3. Barbara Bamburg, 2824 Country Club. Ms. Bamburg questioned why Council did not apply for the STEP grant turned down at the April 26, 1993, meeting. 4. Jeffery O'Brien, 3010 Country Club. Mr. O"Brien discussed requiring citizens to have a mulching blade on their lawnmowers for purposes of composting. Mr. O'Brien also questioned the recent "Hurricane Polly" exercise and asked whether any consideration was given to signs over 20' which may topple in hurricane force winds. 5. Delores Fenwick, 1910 Washington Irving. Mrs. Fenwick discussed the proposed sign ordinance and left two books with Council with pictures of area signage. 6. Carlton McComb, 3914 Shadycrest. Mr. McComb discussed ordinances and resolutions, stating he believed the city manager's contract to be invalid because of the dates of the personnel ordinance at the time and the resulting policy adopted by resolution. Mr. McComb discussed portions of the Charter which related to his topic. Mayor Coppinger stated this matter would be referred to the City Attorney. MEETING RECESSED AT 8:30 P. M. MEETING RECONVENED AT 8:43 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 654, WAIVING ENCROACHMENT OF A BRICK WALL OWNED BY PEARLAND REMINGTON LTD. Ordinance No. 654 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 654 be passed and approved on second and final reading. Said Ordinance No. 654 reads in caption as follows: ORDINANCE NO. 654 AN ORDINANCE WAIVING THE ENCROACHMENT OF A BRICK WALL OWNED BY PEARLAND REMINGTON LTD. INTO THE DEDICATED RIGHT-OF-WAY OF BARRY ROSE ROAD. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-12, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF POSITIONS IN CLASSIFIED SERVICE OF CITY Ordinance No. 450-12 was read in caption by Councilmember Colson. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 450-12 be passed and approved on its second and final reading. Councilmember Weber asked City Manager Grohman to explain this ordinance again and City Manager Grohman stated the enactment of this ordinance would add a lieutenant's position. Further in the agenda, action will remove a captain's position with the net effect of no additional certified or commissioned positions, Mr. Grohman said. Said Ordinance No. 450-12 reads in caption as follows: ORDINANCE NO. 450-12 AN ORDINANCE AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ISSUANCE OF CERTIFICATE OF ELECTION AND ADMINISTERING OF OATH OF OFFICE TO NEWLY ELECTED OFFICIAL A certificate of election was issued to Vic Coppinger who was not present at the special meeting held on May 6 to canvass the results of the May 1 election. City Secretary Pat Jones administered the oath of office to him. Mayor Coppinger issued a statement regarding his new term, thanking all for their support. RESOLUTION NO. R93-21, REPEALING RESOLUTION NO. R90-6 Resolution No. R93-21 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R93-21 be passed and approved on its first and only reading. City Manager Grohman stated this document is a companion to 36 Ordinance No. 450-12. Councilmember Miller asked if this resolution carried out the Council's intent of doing away with the position of assistant chief in the Police Department as the resolution uses the wording "two appointed captains." For purposes of the record, Mr. Miller said, have we done away with the position of assistant chief? City Manager Grohman stated this is correct as the titles "assistant chief" and "captain" are synonymous. This is the one above the civil service rankings and is an appointed position, Mr. Grohman said. The ranking in the Police Department is now a chief with three lieutenants directly under him? Councilmember Miller asked, and Mr. Grohman confirmed this. Said Resolution No. R93-21 reads in caption as follows: RESOLUTION NO. R93-21 A RESOLUTION REPEALING RESOLUTION NO. R90-6, CONTAINING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B93-6, FM 518 DRAINAGE OUTFALL IMPROVEMENTS PROJECT City Manager Grohman stated this is the work that has to be done in conjunction with the FM 518 widening and commended Division Director Richard Burdine, City Engineer John Hargrove, and Walsh Engineering for the work done on this project. Mr. Burdine discussed the bid sheet, stating twelve bids were received in an excellent range, and recommended award to Pate & Pate Enterprises, Inc. for the base bid and the alternate bid. The alternate bid was discussed at length with other options suggested. Contingency amounts were discussed and City Manager Grohman informed that, although no amounts were allowed for in this bid, state law allows change orders in the amount of 25% up or down. City Engineer Hargrove stated unit prices were listed and contingency funds are usually not part of a civil contract. Council agreed that this could amount to a large sum and asked that Mr. Grohman advise the Council in such an event. Mr. Hargrove informed that he approves and signs off for every item, working with Walsh Engineering. After more discussion, it was moved by Councilmember Frank, that Bid No. B93-6 be awarded to Pate & Pate Enterprises, Inc. in the amount of $496,568.00, with the alternate of $16,000 for the bridge included. The motion was seconded by Councilmember Colson. The bridge options were discussed again. Motion passed 5 to 0. AWARD OF BID NO. B93-7, FM 518 WATERLINE RELOCATION Division Director Richard Burdine stated five bids were received and recommended award to MEB Engineering, Inc. in the amount of $388,999.20. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Bid No. B93-7 be awarded to MEB Engineering, Inc. in the amount of $388,999.00. Motion passed 5 to 0. Discussion followed concerning starting and completion dates, the Drainage District's participation, and right-of-way. RESOLUTION NO. R93-22, AUTHORIZING STOP SIGNS IN ALEXANDER LANDING AND HAZELDALE SUBDIVISIONS Resolution No. R93-22 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Resolution No. R93-22 be passed and approved on its first and only reading. Said Resolution No. R93-22 reads in caption as follows: RESOLUTION NO. R93-22 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF ALEXANDER LANE AND SOUTH LEE CIRCLE; A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF ALEXANDER LANE AND SOUTH THREE SISTERS CIRCLE; A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF ALEXANDER LANE AND LONDON COURT (ALEXANDER LANDING SUBDIVISION); AND A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF LEROY STREET AND JAMES STREET (HAZELDALE SUBDIVISION). Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-23, AUTHORIZING A CONTRACT WITH HARRIS COUNTY FOR PARTICIPATION IN URBAN COUNTY APPLICATION TO U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Resolution No. R93-23 was read in caption by Councilmember Miller. Said Resolution No. R93-23 reads in caption as follows: RESOLUTION NO. R93-23 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A CERTAIN CONTRACT WITH HARRIS COUNTY FOR PARTICIPATION IN AN URBAN COUNTY APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. City Manager Grohman explained Harris County has the ability to get block grant money. This would allow us to apply for grants, even for the portions of the City not in Harris County. Street, drainage, and utility work could be done in needed areas with the possibility of getting matching federal funds. It was noted these funds could be used in the old townsite. There is no requirement that we take any grant money other than what we apply for, Mr. Grohman stated. The application period begins in October. There followed a lengthy discussion with many questions by Council, citing sections of the accompanying paperwork. After more discussion, it was moved by Councilmember Weber, seconded by Councilmember Frank, that this item be moved to the next regular agenda as an action item with the City Manager instructed to have a representative present to answer questions. Motion passed 5 to 0. Due to the lateness of the hour, it was the consensus of Council 33 that the workshop to discuss the proposed sign ordinance scheduled to be held after this meeting be held on May 20, 1993, at 7:00 P.M. RESOLUTION NO. R93-24, AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENT WITH CONTINENTAL 34 COMPANY FOR EXTENSION OF UTILITY SERVICE AND A CHANGE ORDER TO BID NO. B92-15 Resolution No. R93-24 was read in caption by Councilmember Smith. Said Resolution No. R93-24 reads in caption as follows: RESOLUTION NO. R93-24 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CONTINENTAL 34 COMPANY, INC. FOR EXTENSION OF UTILITY SERVICE TO THE K -MART SUPER CENTER PEARLAND ADDITION AND A CHANGE ORDER TO BID NO. B92-15 IN AN AMOUNT NOT TO EXCEED TWENTY FIVE PERCENT OF THE ORIGINAL BID. Division Director Richard Burdine stated the actual amount this 25% allows is $78,900 under the contract with Holland and Holland. It is recommended this firm be used as their bid prices are good. They were recently awarded the west side sewer project. The project that is proposed will start at the intersection of N. Galveston and Plum, running westward along Plum to Park and then turn north crossing E. Orange and ending at the K -Mart site. The first portion will replace some of the existing concrete sewer line. It does not run where the old sewer line runs because there is no easement. Much of the inflow and infiltration problems occurring in this area are from the yard lines, Mr. Burdine explained, so in this project the houses that face west on Park will have their yard lines connected to this new main with the old ones abandoned. A new line is already in place on Galveston, having been installed a few years ago. This takes care of the replacement work, Mr. Burdine reported. The proposed participation of the City's cost on this part is the oversize cost. An 811 line was designed and the City asked them to redesign as a 1211 which will allow the City to serve some adjacent areas. Other property owners have dedicated an easement for future lines. Mr. Burdine described the process used by Wal-Mart which often puts pressure on a residential system and stated approval of this will help alleviate this problem also. Mr. Burdine recommended approval, stating we will not be expending any funds until K -Mart closes on the property. Discussion concerned the City's approximate cost, K -Mart's participation, alternative ways to handle this need, and funding. It was the consensus of Council that Councilmember Smith would aid in the acquisition of any needed easements. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Resolution No. R93-24 be passed and approved on its first and only reading. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. DISCUSSION OF EMPLOYEE DISABILITY PLAN It was the consensus of Council, upon the recommendation of City Manager Grohman, that this item would be considered at the second regular meeting in June. Mr. Grohman informed an employee committee is working on this topic and hopes to have some solutions to this issue. 09 OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:08 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - Semi-annual evaluation of city manager. MEETING RETURNED TO OPEN SESSION AT 12:01 A. M., MAY 11, 1993 - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of the item discussed in Executive Session. ADJOURNMENT The meeting adjourned at 12:01 A. M. Minutes approved as submitted and/or corrected this .'y day of A. D., 1993. C. V. Co pirfgee, Mayor ATTEST: Pat ones, q9tvy Secretary