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1993-09-27 CITY COUNCIL REGULAR MEETING MINUTES126 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 27, 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 D. A. Miller Councilmember Benny Frank Councilmember Randy Weber --I' Councilmember David Smith City Manager Paul Grohman Interim City Attorney Dick Gregg City Secretary Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Randy Hufstetler. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the meeting of September 13, 1993, be approved as submitted., Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger had nothing to report at this time. COUNCIL ACTIVITY REPORTS Councilmembers Smith, Weber, and Colson had nothing to report at this time. Councilmember Frank reported he had received the City's facilities list and would use it in conjunction with the meetings with School Board representatives. Councilmember Miller had nothing to report at this time. CITY MANAGER'S REPORT City Manager Grohman commented on the coming 1993-94 Street Rehabilitation Program, stating the County will soon be joining us again in this cooperative paving program. Mr. Grohman commented on proposed area improvements such as sidewalks, hike and bike trails, and equipment in City parks. A workshop is proposed for October 11 to discuss some of these issues which will require matching funds, Mr. Grohman stated. The newsletter recently issued through the Parks Department was commented on and it was noted that it will be printed quarterly. Councilmember Frank asked Mayor Coppinger to introduce Interim City Attorney Dick H. Gregg, Jr. Mr. Gregg spoke briefly, stating his credentials and thanking all for welcoming him to the City. 2 CITIZENS: 1. Charles McMurrey, 5209 Spring Branch. Mr. McMurrey spoke on the need for single member districts and encouraged the Council to look into this. 2. Harold Gentry, Ministerial Alliance. Mr. Gentry signed to speak but declined. 3. Daphne Hereford, 2704 Yost Blvd. Ms. Hereford asked to relinquish her time to Frances Jamison. 4. Frances Jamison, 2417 E. Broadway. Ms. Jamison asked Councilmember Weber to read Article 970A, Section 9, from Vernon's Civil Statutes which pertains to petitions for annexations. Ms. Jamison then read a prepared statement to Council regarding petitions circulated in June of 1960. Ms. Jamison stated she felt these petitions were fraudulently distributed. Ms. Jamison cautioned the citizenry against signing petitions because of the circumstances of these past documents and, as a peace offering, Ms. Jamison said, gave Mayor Coppinger a jar of fig preserves. At Ms. Jamison's request, Councilmember Frank read the highlights of the minutes of the Council meeting of June 21, 1960 which approved annexation ordinance nos. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30. 5. Paul Ridgeway, 4912 Apple Springs. Mr. Ridgeway commented on open pit burning in his area from residential construction sites and City Manager Grohman stated he will check with Fire Marshal Steed to determine the solution to the question raised by Mr. Ridgeway. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 657, LEVYING TAXES FOR TAXABLE YEAR 1993 Ordinance No. 657 was read in caption by Mayor Coppinger. City Manager Grohman stated the tax rate for the coming year will be $0.7153. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 657 be passed and approved on its second and final reading. Said Ordinance No. 657 reads in caption as follows: ORDINANCE NO. 657 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1993, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS PRESENTATION BY CITY SECRETARY OF CERTIFIED PETITIONS FOR RECALL OF BENNY FRANK, JOY COLSON, AND D. A. MILLER, COUNCILMEMBERS Citizen Input: 1. Betty Callaway, 2007 N. Galveston. Ms. Callaway spoke about the current political situation and the peoples' right to vote. Ms. Callaway informed she is the named Chairperson of 128 the Concerned Citizens for the Progress of Pearland and this group is currently re -circulating the petitions for recall of Councilmembers. Anyone signing these petitions will not be exposed to anything fraudulent, Ms. Callaway said. Councilmember Frank stated he had a copy of the petition for his recall and asked Mayor Coppinger for permission to ask Ms. Callaway questions. Mr. Coppinger gave his consent. Councilmember Frank read from the portion of the petition which stated the grounds for and demanded his recall. Mr. Frank defended himself against the allegation of incompetence and asked what investigation he was purported to have conducted as one of the reasons for his recall. Ms. Callaway stated she could not tell Mr. Frank. --' Councilmember Frank stated Mr. Jack Roberts had stated he could and asked Mr. Roberts to tell him. Councilmember Smith raised a point of order, stating there was a procedure for this and there will be a time for Mr. Frank to defend himself and this was not the time nor the place. Councilmember Frank asked an opinion of Interim City Attorney Gregg who responded that, because this was not under the "Citizens" portion of the agenda, a limited amount of discussion was permissible but advised that this was not a hearing and the amount of discussion could get out of hand. Councilmember Frank stated he would not ask any further questions. Ms. Callaway stated she did not have a copy of the petition before her but would be prepared with an answer for Mr. Frank at a later date. City Secretary Jones addressed the Council, stating the petitions lacked enough valid signatures to constitute a recall election for any of those named Councilmembers. RESOLUTION NO. R93-32, ANNUAL CONTRACT FOR THE CITY'S OFFICIAL '- NEWSPAPER Resolution No. R93-32 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-32 be passed and approved on its first and only reading. It was noted the Journal submitted the only timely proposal. Said Resolution No. R93-32 reads in caption as follows: RESOLUTION NO. R93-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BY AND BETWEEN A PUBLIC NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AND THE CITY OF PEARLAND AS THE OFFICIAL NEWSPAPER OF THE CITY. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-33, NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT Resolution No. R93-33 was read in caption by Mayor Coppinger. City Manager Grohman stated this nomination is done every two years and Mr. Dennis Frauenberger who has served previously is willing to R, serve again. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R93-33 be passed and approved on its first and only reading with Dennis Frauenberger nominated as the City's candidate. Said Resolution No. R93-33 reads in caption as follows: RESOLUTION NO. R93-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON YEAR END ENCUMBRANCES AND REENCUMBRANCES City Manager Grohman stated this is a year end formality for monies which have been set aside from previous years' budgets for specified projects. Sometimes, it may take six to seven years to complete a project and these funds must be encumbered or reencumbered into the new budget, Mr. Grohman explained. Some of the projects and their progress were discussed. It was moved by Councilmember Frank, seconded by Councilmember Smith, that (1) the following items be encumbered from the General Fund: Police Software $ 7,000.00 Police Gas Pump Repair 2,000.00 and (2) the following items be reencumbered from the General Fund and Water and Sewer Fund: General Fund: McLean Building $40,000.00 Planning 11,873.94 Animal Shelter 50,000.00 Council Contingency 49,987.61 Gas Tank Removal 29,753.09 Park - Sidewalk 8,850.00 Police - C.A.D. 17,463.78 City Garage - Awning 1,962.00 Computers - General Fund 90,000.00* Traffic Signal 30,000.00 Park - Rotary Donation 6,000.00 Park - Knapp Building Repairs 29,488.94 Water and Sewer Fund: Computers - Water and Sewer $47,710.00 Water Tanks and Towers 39,650.00 *Estimate - will be receiving invoices for Municipal Court's computer in September. Exact figure will be known September 30, 1993. Motion passed 5 to 0. AWARD OF BID NO. B93-13, ANNUAL SERVICE AGREEMENT FOR SANITARY SEWER SYSTEM USING TRENCHLESS CONSTRUCTION TECHNIQUES Bids were received from American Infrastructure, Inc. and Naylor EnviroSystems, Inc. Richard Burdine, Director of Public Works, stated there were WE approximately 93 items bid to cover any type of project the City might incur in a given year. This will give us an advantage in times when emergency repairs are needed, Mr. Burdine stated. There is approximately $276,000 available to do sewer work, Mr. Burdine continued, and cited an example where work is needed on Churchill Street. Closing his remarks, Mr. Burdine recommended bid be awarded to Naylor EnviroSystems, Inc. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Bid No. B93-13, be awarded to Naylor EnviroSystems, Inc. It was noted that $276,600 is budgeted for capital projects; however, this amount could run over if there are unexpected repairs. This contract is for unit prices. Other aspects of the bid were discussed. Motion passed 5 to 0. ORDINANCE NO. 662, ESTABLISHING SPEED LIMITS IN SCHOOL ZONES (RUSTIC LANE) Ordinance No. 662 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 662 be passed and approved on its first of two readings. Said Ordinance No. 662 reads in caption as follows: ORDINANCE NO. 662 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES, PROVIDING A PENALTY FOR `— VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 663, AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH LESTER RORICK FOR PURPOSE OF PROVIDING LEGAL SERVICES Ordinance No. 663 was read in caption by Mayor Coppinger. City Manager Grohman stated Mr. Rorick had drafted this document as per instructions from the last meeting. A change suggested, and approved by Interim Attorney Gregg, is that Mr. Rorick be allowed to keep a city -owned cellular phone mounted in his personal vehicle with an amount of $150.00 being deducted from his final bill of $2,875.00, Mr. Grohman informed. City Attorney Gregg advised to indicate this deduction on the contract amount and have both parties initial it. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 663 be passed and approved, with the contract as amended, on its first of two readings. Said Ordinance No. 663 reads in caption as follows: iii ORDINANCE NO. 663 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND LESTER G. RORICK FOR THE PURPOSE OF PROVIDING LEGAL SERVICES. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT WITH DICK H. GREGG, JR., AS CITY ATTORNEY City Manager Grohman stated Mr. letter to Council. The rates are $150 per hour for litigation meeting. Gregg's rates as outlined in his $100 per hour for non litigation; services; and $400 per Council Two issues need to be considered, Mr. Grohman continued. On the second Monday of the month, Mr. Gregg meets with the City of Nassau Bay which he has done so for over twenty years. Their meeting date is set by charter and cannot be changed. Our options are to change our meeting date or to have someone from Mr. Gregg's firm fill in for him at this meeting. The second issue involves some pending Civil Service litigation which Mr. Gregg has recommended Mr. Rorick finish. It was suggested the issue of meeting dates be discussed at a future workshop. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Dick H. Gregg, Jr. be appointed as Interim City Attorney at rates of $100 per hour for non litigation; $150 per hour for litigation services; and $400 per Council meeting with former City Attorney Lester Rorick finishing any pending Civil Service litigation. Discussion centered on rates if an associate attended the meeting in Mr. Gregg's stead. Motion passed 5 to 0. Mayor Coppinger welcomed Mr. Gregg to the City. AUTHORIZATION FOR CITY MANAGER TO INCREASE COMPENSATION TO SNOWDEN ENGINEERING, INC. FOR REDESIGN OF OILER DRIVE City Manager Grohman informed the additional cost proposed by Mr. Snowden to redesign a portion of this roadway onto the right-of-way of the School property is approximately $34,000. Councilmember Smith stated this was a reasonable cost as we are saving a ballfield in the park which would constitute a similar expense if the field were reestablished at another location. City Manager Grohman stated bridges have been built and we are saving two to three acres of park land. It was moved by Councilmember Smith, seconded by Councilmember Miller, that the City Manager be authorized to increase the compensation to Snowden Engineering, Inc., for oiler Drive redesign necessitated by relocation of a portion of the right-of-way onto Pearland Independent School property in the amount of $34,415.00. Councilmember Frank inquired about esplanades in this roadway and it was explained green belts are planned for in the overall design. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:59 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 (f) ACQUISITION OF LAND - Discussion of acquisition of easements for the FM 518 utility and drainage projects. MEETING RETURNED TO OPEN SESSION AT 9:25 P. M. Mayor Coppinger signed a certification of the item discussed in Executive Session. NEW BUSINESS: (CONTINUED) DIRECTION TO CITY MANAGER REGARDING ACQUISITION OF EASEMENTS FOR THE FM 518 UTILITY AND DRAINAGE PROJECTS It was moved by Councilmember Weber, seconded by Councilmember Frank, that the Staff be authorized to make one last offer in writing of $16,500, and if this offer is rejected, to proceed with condemnation to acquire the necessary easement. Motion passed 4 to 0. (Councilmember Smith absent from the Chamber.) ADJOURNMENT The meeting adjourned at 9:26 P. M. Minutes approved as submitted and/or corrected this / day of A. D., 1993. _ 7 C. V. Coppi e , Mayor ATTEST: Pat Jone City Secretary L