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1993-10-11 CITY COUNCIL REGULAR MEETING MINUTESN MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 11, 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 Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger 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, City Engineer John Hargrove, Police Chief Mike Hogg, and Attorney Dick Gregg, III. Absent from the meeting: Councilmember Joy Colson. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by City Manager Grohman. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Weber, seconded by Councilmember Frank, that the minutes of the joint public hearing of September 27, 1993, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the regular meeting of September 27, 1993, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation in honor of the Pearland High School Band. Band students accepted the proclamation and informed the audience of some of their activities. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting held on October 9. Councilmember Frank reported he and Councilmember Weber attended a meeting with School Board representatives this week and asked Mr. Weber to comment further. Councilmember Weber reported that, at this meeting, the road to the new high school was determined to be the highest priority by the two entities. Mr. Weber closed his remarks by stating he attended the 100 Club Annual Banquet on October 2 and congratulated Chief Mike Hogg who was honored as Officer of the Year. Councilmember Smith reported the public safety departments of the City participated in a drill to inform the citizenry of each department's function. A simulated air crash was held at Hobby Airport and City emergency response teams took part. Mr. Smith reported an AM radio station will soon be on the air which will allow citizens access to traffic and inclement weather reports. 1.34 CITY MANAGER'S REPORT City Manager Grohman reported on the workshop held prior to this meeting in which it was announced that matching federal funds are available on a ratio of four to one. By obtaining these funds, three bridges can be upgraded on heavily traveled roads such as Dixie Farm Road, John Lizer Road, and Veterans Drive, Mr. Grohman said. Mr. Grohman reported the City's auditors are looking at fund balances to identify sources for these projects. Hike and bike trails are being looked at as evidenced by an agenda item this evening, Mr. Grohman stated. A joint beautification project is being undertaken by the School District and the City for the vicinity of Shadycrest Elementary, the Chamber of Commerce site, and City Hall, Mr. Grohman informed. This idea resulted from the first joint meeting held with the District several months ago. We have been recommended to receive funding for $30,000 to plant 200 trees. The cost of labor involved in planting the trees will be considered as part of the City's matching funds. A CART exercise was held at City Hall last Wednesday night, Mr. Grohman stated. This Combined Area Response Team drill was successful as police officers searched the building during this maneuver. With reference to the school road, Mr. Grohman reported that Snowden Engineering, as approved by Council at its last meeting, is making engineering changes in the school road to move a portion of it onto school property to save part of the City park. Green belts are being planned for along this roadway. Computer demonstrations are being started in the morning for other departments with first priority having already been given to the Municipal Court area, Mr. Grohman announced. Final approval is expected soon on our receiving approximately $375,000 for engineering and environmental design for the Hughes --� Road extension study. January or February is the anticipated time frame for this project. When asked for clarification, Mr. Grohman reported the bridges expected to be funded or which have already been replaced are Dixie Farm at Cowart's Creek, Dixie Farm at Mary's Creek, Clear Creek, John Lizer at Mary's Creek, and Veterans at Mary's Creek. It was noted the State has awarded the FM 518 construction contract to Hassell Construction and work should begin in November. A brief discussion was held regarding area concerns about the Brio site and the National Medical Waste facility. Councilmember Smith commended Nydia Rafols-Blair for her work as the City's grant writer. CITIZENS 1. Idalea McComb, 3914 Shadycrest. Mrs. McComb stated she wished to relinquish her time to Miss Daphne Hereford. 2. L. B. Lyon, 5013 Apple Springs. Mr. Lyon presented the City with a pepper plant, suggesting it be the City's named flower. Mr. Lyon commented on the budget and the City's emergency plan. i 3. Daphne Hereford, 2904 Yost. Miss Hereford stated there was a problem in the City, noting that she had asked last October for answers concerning a city employee and had not received a response. 4. Frances Jamison, FM 518. Mrs. Jamison signed to speak but declined. i3 DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS 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 Smith, that Ordinance No. 662 be passed and approved on its second and final reading. 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, Weber, and Smith. Voting "No" - None. Motion passed 4 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 Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 663 be passed and approved on its second and final reading. Said Ordinance No. 663 reads in caption as follows: 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, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS PRESENTATION BY CITY SECRETARY OF CERTIFIED PETITION FOR RECALL OF COUNCILMEMBER D. A. MILLER Citizen Input• 1. Reverend Harold Gentry, 3006 Lotus Lane. Mr. Gentry spoke of progress for the City, love, and forgiveness with reference to the recall process. 2. Gail Birdsong, 2601 Woodcreek. Mrs. Birdsong signed to speak but declined. City Secretary Pat Jones stated that, pursuant to Section 6.06 of the City Charter, she was presenting the petition submitted on MIM iffiH October 4, 1993, for the recall of Councilmember Miller and certified there were 857 valid signatures on this petition. The number required for Councilmember Miller before the question of recall shall be submitted to the qualified voters of the City is 493, Mrs. Jones stated. PRESENTATION BY CITY SECRETARY OF CERTIFIED PETITION FOR RECALL OF COUNCILMEMBER BENNY FRANK City Secretary Jones stated that, pursuant to Section 6.06 of the City Charter, she was presenting the petition submitted on October 4, 1993, for the recall of Councilmember Frank and certified there were 849 valid signatures on this petition. The number required for Councilmember Frank before the question of recall shall be submitted to the qualified voters of the City is 310, Mrs. Jones stated. PRESENTATION BY CITY SECRETARY OF CERTIFIED PETITION FOR RECALL OF COUNCILMEMBER JOY COLSON City Secretary Jones stated that, pursuant to Section 6.06 of the City Charter, she was presenting the petition submitted on October 4, 1993, for the recall of Councilmember Colson and certified there were 842 valid signatures on this petition. The number required for Councilmember Colson before the question of recall shall be submitted to the qualified voters of the City is 313, Mrs. Jones stated. AWARD OF BID NO. B93-14, TRACTORS Council considered the following bids: ITEM NO. 1 VENDOR MAKE/MODEL DELIVERY TIME PRICE LANSDOWNE-MOODY FORD 555D 10-120 DAYS $30,100 CASE POWER & EQUIPMENT CASE 580 SUPER K IMMEDIATELY $31,157 D.E.R. EQUIPMENT CO. -- NO BID -- BROOKSIDE EQUIPMENT SALES, INC. -- NO BID -- ITEM NO. 2 VENDOR MAKE/MODEL DELIVERY TIME PRICE LANSDOWNE-MOODY FORD 555D 10-120 DAYS $30,100 CASE POWER & EQUIPMENT CASE 580 SUPER K IMMEDIATELY $27,557 D.E.R. EQUIPMENT CO. -- NO BID -- BROOKSIDE EQUIPMENT SALES, INC. -- NO BID -- ITEM NO. 3 Public Works Director stated that Mike Joyce, Fleet Manager, has recommended award of bid to Case Power & Equipment for Item No. 1 in the amount of $31,157 and Item No. 2 in the amount of $27,557. It is recommended that Item No. 3 be awarded to Brookside Equipment Sales in the amount of $22,580, Mr. Burdine said. Brief discussion concerning bid deposits was held. It was moved by Councilmember Frank, seconded by Councilmember Weber; that Bid No. B93-14 be awarded to Case Power & Equipment for Items No. 1 and 2 and that Item No. 3 be awarded to Brookside Equipment Sales. Motion passed 4 to 0. AUTHORIZATION TO PAY ANNUAL DUES TO TEXAS WATER PARTNERSHIP IN THE AMOUNT OF $1,500.00 City Manager Grohman explained this organization of Texas cities is recommended by the Texas Municipal League to keep cities involved and informed of potential unfunded federal and state mandates on water and wastewater issues. It was moved by Councilmember Smith, seconded by Councilmember Weber, that annual dues be paid to Texas Water Partnership in the amount of $1,500.00. Motion passed 4 to 0. ORDINANCE NO. 509-40, AMENDING LAND USE ORDINANCE, ROBERT ORAVETZ, OWNER Ordinance No. 509-40 was read in caption by Councilmember Smith. Said Ordinance No. 509-40 reads in caption as follows: ORDINANCE NO. 509-40 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW A SINGLE FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON LOTS 1, 2, AND 3 OF BLOCK 6, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF ROBERT ORAVETZ, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE PRICE AFTER VENDOR MAKE/MODEL DELIVERY TIME PRICE TRADE-IN LANSDOWNE-MOODY FORD 3930 10-120 DAYS $27,743 $25,243 CASE POWER & EQUIPMENT -- NO BID -- D.E.R. EQUIP- JOHN DEERE MENT CO. 5300 35 DAYS $27,833 $21,833 BROOKSIDE EQUIP- JOHN DEERE SALES, INC. 5300 30-45 DAYS $27,080 $22,580 LANSDOWNE-MOODY - DID NOT TURN IN A BID DEPOSIT AS SPECIFIED D.E.R. - DID NOT TURN IN A BID DEPOSIT AS SPECIFIED Public Works Director stated that Mike Joyce, Fleet Manager, has recommended award of bid to Case Power & Equipment for Item No. 1 in the amount of $31,157 and Item No. 2 in the amount of $27,557. It is recommended that Item No. 3 be awarded to Brookside Equipment Sales in the amount of $22,580, Mr. Burdine said. Brief discussion concerning bid deposits was held. It was moved by Councilmember Frank, seconded by Councilmember Weber; that Bid No. B93-14 be awarded to Case Power & Equipment for Items No. 1 and 2 and that Item No. 3 be awarded to Brookside Equipment Sales. Motion passed 4 to 0. AUTHORIZATION TO PAY ANNUAL DUES TO TEXAS WATER PARTNERSHIP IN THE AMOUNT OF $1,500.00 City Manager Grohman explained this organization of Texas cities is recommended by the Texas Municipal League to keep cities involved and informed of potential unfunded federal and state mandates on water and wastewater issues. It was moved by Councilmember Smith, seconded by Councilmember Weber, that annual dues be paid to Texas Water Partnership in the amount of $1,500.00. Motion passed 4 to 0. ORDINANCE NO. 509-40, AMENDING LAND USE ORDINANCE, ROBERT ORAVETZ, OWNER Ordinance No. 509-40 was read in caption by Councilmember Smith. Said Ordinance No. 509-40 reads in caption as follows: ORDINANCE NO. 509-40 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW A SINGLE FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON LOTS 1, 2, AND 3 OF BLOCK 6, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF ROBERT ORAVETZ, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Smith raised the point that in June of this year, Council voted not to take any action on this item until the existing court case was settled. Continuing his remarks, Mr. Smith stated he thought that the judge in this matter wanted the Council to act before he did and there appears to be a stand off. City Attorney Gregg advised it would be necessary to have a motion and second with positive action to remove the item for consideration as it had been previously tabled. Council discussed action to take and inquired about Mr. Gregg's knowledge of the situation. Mr. Gregg indicated he had not spoken with the Municipal Court prosecutor or the judge but had only approved the ordinance as to form. It was suggested this item remain on the table until more information could be gathered. It was moved by Councilmember Smith, seconded by Councilmember Weber, that action on this item be postponed to a future date. Motion passed 4 to 0. RESOLUTION NO. R93-34, DESIGNATION OF REPRESENTATIVES TO HOUSTON- GALVESTON AREA COUNCIL, GENERAL ASSEMBLY, 1994 Resolution No. R93-34 was read in caption by Mayor Coppinger. Mayor Coppinger informed it has been past policy to have the Mayor and Mayor Pro Tem serve in this capacity. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R93-34 be passed and approved on its first and only reading with Mayor Coppinger and Mayor Pro Tem Colson serving as representative and alternate, respectively. Resolution No. R93-34 reads in caption as follows: RESOLUTION NO. R93-34 DESIGNATION OF REPRESENTATIVE AND ALTERNATIVE, HOUSTON- GALVESTON AREA COUNCIL, GENERAL ASSEMBLY, 1994. Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. R93-35, AUTHORIZING APPLICATION TO TEXAS DEPARTMENT OF TRANSPORTATION FOR BIKEWAY/PEDESTRIAN FACILITY AND ALLOCATING MATCHING FUNDS FROM CITY Resolution No. R93-35 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R93-35 be passed and approved on its first and only reading. City Manager Grohman stated this item was discussed at the workshop . held prior to the Council meeting and is for a hike and bike trail from the intersection of Galveston and FM 518, running along the City's drainage easement to Barry Rose Road and back to FM 518. The facility will serve both junior high schools and C. J. Harris Elementary as well as other projects. Resolution No. R93-35 reads in caption as follows: r -- RESOLUTION NO. R93-35 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ENHANCEMENT PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR A BIKEWAY/PEDESTRIAN FACILITY AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Miller, Frank, Weber, and Smith. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 387-4, ESTABLISHING SPEED LIMITS IN SCHOOL ZONES AND DECLARING AN EMERGENCY (SHADYCREST ELEMENTARY) Ordinance No. 387-4 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 387-4 be passed and approved on its first and only reading. Said Ordinance No. 387-4 reads in caption as follows: ORDINANCE NO. 387-4 AN ORDINANCE AMENDING ORDINANCE NO. 387-3 BY 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; AND DECLARING AN EMERGENCY. Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 664, WAIVING AN ENCROACHMENT ON MAGNOLIA STREET Ordinance No. 664 was read in caption by Mayor Coppinger. Division Director Glen Erwin explained the owner of the property had placed gateposts on his property to prevent vandalism, inadvertently placing them in the City's right-of-way. The company will move them anytime the City needs the right-of-way. It was determined the gateposts are about 8' into the 80' right-of-way. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 664 be passed and approved on its first of two readings. Said Ordinance No. 664 reads in caption as follows: ORDINANCE NO. 664 AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN GATEPOSTS INTO THE DEDICATED RIGHT-OF-WAY OF MAGNOLIA STREET. Voting "Aye" - Councilmembers Smith, Weber, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. 139 140 COUNCIL DECISION ON RECOMMENDATION OF CIVIL SERVICE COMMISSION TO INCLUDE WARRANT OFFICER INTO CLASSIFIED SERVICE OF CIVIL SERVICE OF CITY City Manager Grohman stated this was brought up by Councilmember Frank and was referred to the Civil Service Commission which recommended Mr. Joe Barnett be given Civil Service status. If Council chooses to do this, an ordinance will be prepared enacting this motion and placed on the next agenda for first reading, Mr. Grohman informed. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Warrant Officer Joe Barnett be given Civil Service status. Discussion followed with Chief Hogg regarding the impact on Mr. Barnett's salary, using him in other capacities, and his seniority status. Chief Hogg recommended this be done and stated Mr. Barnett is in favor of this. Motion passed 4 to 0. APPROVAL OF CERTIFIED TAX ROLL FOR 1993 City Manager Grohman stated that legislation was enacted in 1979 whereby adjustments are made by the Brazoria County Appraisal District. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the certified tax roll for 1993 be approved. Motion passed 4 to 0. OTHER BUSINESS EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252- 17, SECTION 2 Mayor Coppinger read from the posted agenda the following item to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - Discussion of appointment and/or reappointment to fill vacancies on Parks Board. City Attorney Gregg advised there is a gray area about whether this item should or should not be in Open Session and stated it is his recommendation that it not be held in Executive Session. Mr. Gregg suggested that Council might want to table action until he has had a chance to look at it further, particularly since there was a different opinion from previous counsel. Closing his remarks, City Attorney Gregg stated he recommended no Executive Session this evening because this is an advisory board of the City. It was moved by Councilmember Smith, seconded by Councilmember Frank, that, based upon the recommendation of the City Attorney, there be no Executive Session. Motion passed 4 to 0. NEW BUSINESS (CONTINUED) APPOINTMENT AND/OR REAPPOINTMENT OF THREE MEMBERS TO THE PARRS BOARD As stated in Other Business (above), it was the consensus of Council not to consider this item at this time. ADJOURNMENT The meeting adjourned at 8:42 P. M. Min es approved as submitted and/or corrected this -2, 5— day of /7 d A. D., 1993. C. V. CoppXgOT, Mayo ATTEST: Pa Jones, ity Secretary flM