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1992-02-10 CITY COUNCIL REGULAR MEETING MINUTESCONTINUED FROM VOLUME 18 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON FEBRUARY 10, 1992, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEART.AND, TEXAS The meeting was called to order with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff Jim DeShazer Glen Erwin Lester Rorick Pat Jones The invocation was given by Chief of Police Mike Hogg. Allegiance was led by Councilmember Wolff. APPROVAL OF MINUTES The Pledge of It was moved by Councilmember Colson, seconded by Councilmember Wolff, that the minutes of the meeting of January 27, 1992, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed February as "American Heart Month." Local representatives of this group were on hand to received this proclama- tion. Mayor Coppinger also proclaimed February 29th as "Camp Bandage Day" in Pearland and representatives from Carleston Elementary accepted this proclamation. COUNCIL ACTIVITY REPORTS Councilmember Wolff questioned whether the Melvin Knapp Activity Building expansion would be completed before February 29th which is the date the Pearland Independent School District wishes to hold voting for its bond election in the building. Architect Jack McGuff, who was present in the audience, stated that a completion date of February 19th is looked upon as favorable. Mr. Wolff also reported on a meeting with representatives of the Highway Department in which the improvements to FM 518 were discussed. A revised lower estimate for the City's share of the four lanes with a center turning lane from Westminster to State Highway 35 is to be forthcoming from Highway Department officials. Councilmember Colson reported her attendance at the February 4th Clean Pearland Program. Mayor Coppinger complimented Ms. Colson for the tee shirts she decorated and supplied for this event. Councilmember Miller reported his attendance at the retirement func- tion held on January 31 at the Lions Club for Lloyd Yost, Drainage District Superintendent. on February 4th, Mr. Miller reported, he also attended the Clean Pearland banquet and was invited to be a guest at the League of women voter's meeting on February 6th where the PAGE 2 League reviewed the City Charter. In closing, Councilmember Miller reported his attendance at the February 8th meeting of the Parks Board where the status of McLean -:Road Park was discussed. Councilmember Frank reported his attendance at the retirement party for Mr. Yost as well as the Clean Pearland program. Mr. Frank also attended the League of Women Voter's program. Councilmember Weber reported he met with a representative from the Cloverland Corporation regarding Clover Field on February 4th and also attended the Clean Pearland awards program on that same day. Mr. Weber also reminded Council that the time is drawing near to review 71^), our contract with Best Waste, Inc., to discuss, among other items, the'l 4 Saturday pick-up. MAYOR'S ACTIVITY REPORT: Continued Mayor Coppinger commented on the death of Mr. Bert Jamison, recalling Mr. Jamison's life in our City. Mayor Coppinger read from a letter from Commissioner Billy Joe Plaster in which a check for $6,000.00 was presented to the City as a donation to help with EMS expenses incurred for service calls outside the City. In closing, Mayor Coppinger commended the Clean Pearland organization for their recent awards night. Councilmember Frank, continuing his report, requested that the roof at the old City Hall site be an agenda item for the next meeting. DEPARTMENTAL REPORTS David Smith, Emergency Medical Services Director, reported on a police call which occurred over the weekend. Mr. Smith commended all in-, volved for their handling of the situation. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: NO. 450-9, AS AMENDED, ORDINANCE AMENDING THE CIVIL SERVICE City Attorney Lester Rorick advised that the ordinance had been amend- ed since the first reading to make it gender neutral using the terms patrol officer and police officer rather than policemen. Ordinance No. 450-9 was read in caption by Councilmember Miller. (Second reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 450-9 be amended so that the terms policemen andl patrolmen read police officer and patrol officer, respectively. Motion passed 5 to 0. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 450-9 be passed and approved on second and final reading. Said Ordinance No. 450-9 reads in caption as follows: 3,. ORDINANCE NO. 450-9 AN ORDINANCE AMENDING ORDINANCES NO. 450-7 AND 450-8 OF THE CITY OF PEARLAND,-TEXAS,-`ESTABLISHING AND REESTAB- LISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR ALL POLICE OFFICERS, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION, 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 THEREOF. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991, BY EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS Mr. Bob Stephens of Earl Lairson and Company discussed the audit with Council. There followed a general discussion regarding various as- pects of the report. ACCEPTANCE OF AUDIT INTO RECORDS OF THE CITY It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the audit as presented by the firm of Lairson, Stephens & Reimer be accepted into the official minutes of the meeting on this date and noted accordingly. Motion passed 5 to 0. MEETING RECESSED AT 8:43 P. M. MEETING RECONVENED AT 8:52 P. M. RESOLUTION NO. R92-1, RESOLUTION ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SECOND DAY OF MAY, 1992 Resolution No. R92-1 was read in caption in both English and Spanish by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R92-1 be passed and approved on its first and only reading. Said Resolution No. R92-1 reads in caption as follows: RESOLUTION NO. R92-1 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SECOND DAY OF MAY, 1992, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTAB- LISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R92-2, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, FOR THE MAY 2, 1992, CITY OFFICERS' ELECTION Resolution No. R92-2 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution 'No. R92-2 be passed and approved on its first and only reading. Said Resolution No. R92-2 reads in caption as follows: RESOLUTION NO. R92-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR CITY OFFICERS' ELEC- TION TO BE HELD ON THE SECOND DAY OF MAY, 1992. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No's - None. Motion passed 5 to 0. AUTHORIZATION TO HOLD RUNOFF ELECTION ON MAY 30, 1992, IF NECESSARY, AND INSTRUCTION TO CITY ATTORNEY TO SUBMIT LETTER TO JUSTICE DEPART- MENT FOR PRECLEARANCE OF THIS DATE It was moved by Councilmember Colson, seconded by Councilmember Wolff, that authorization be given to hold a runoff election, if necessary, on May 30, 1992, and that the City Attorney be instructed to submit the necessary letter to the Justice Department for preclearance. Motion passed 5 to 0. I RECOMMENDATION FROM PARRS BOARD REGARDING PRIORITIES FOR MCLEAN ROAD PARK i Parks Superintendent Barry Lastik reported on the progress in trying to obtain grant funds which does not look favorable at this time. There followed a lengthy discussion regarding priorities for the park to be built with City funds and those items which could be added, such as a jogging trail, to give us extra points in obtaining grant monies. After much discussion, it was moved by Councilmember Miller, seconded by Councilmember Colson, that Council approve the necessary funds to begin construction of the non -recreational facilities at McLean Park and that submission for the grant funds for the recreational facili- ties be re -submitted by the 28th of February. The Brazoria County Drainage District's work in this area was dis- cussed. A site plan was discussed as well as the order in which the items would be constructed. If submitted by the 28th of February, it will be August before the City will know if it has been awarded any grant funds. Upon call for the question, motion passed 5 to 0. ORDINANCE NO. 623, ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES FOR THE REPRODUCTION OF PUBLIC RECORDS Ordinance No. 623 was read in caption by Councilmember Wolff. (First reading) It was moved by Councilmember Wolff, seconded by Councilmember Colson, �. that Ordinance No. 623 be passed and approved on its first reading. Said Ordinance No. 623 reads in caption as follows: ORDINANCE NO. 623 AN ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES FOR THE REPRODUCTION OF PUBLIC RECORDS OF THE CITY OF PEARLAND, TEXAS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Colson., Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 624, AUTHORIZING EXECUTION OF CONTRACT FOR THE PURPOSE OF DELINQUENT TAX COLLECTION Barbara Lenamon, Tax Collector, introduced Owen Sonik and Dee West of the firm of Calame Linebarger Graham & Pena. Ms. Lenamon asked that this two year contract be approved as their record of performance is excellent for the past fourteen years the City has done business with this firm. Mr. Sonik discussed their method for collection of delinquent taxes and pointed out that this contract will, after the two year period beginning March 1, 1992, continue on a month to month basis until such time as either party does not wish to continue the arrangement. Ordinance No. 624 was read in caption by Councilmember Miller. (First reading) It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 624 be passed and approved on its first read- ing. Said Ordinance No. 624 reads in caption as follows: ORDINANCE NO. 624 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE`LAW FIRM OF CALAME, LINEBARGER & GRAHAM AND THE CITY OF"`PEARLAND, TEXAS. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. It was noted that the firm should now also reflect the name of Pena. AWARD OF BID NO. B92-2, SURFACE PREPARATION, CLEANING, RESURFACING, AND WATER TREATMENT OF INDEPENDENCE PARR SWIMMING POOL AND WADING POOL Council considered the following bid: COMPANY WATTS POOL COMPANY wlj4�, 1siMW}0I, $83,380.00 BID BOND M ALTERNATE NO City Manager DeShazer informed this item was bid last year without receiving a responsible bid. The problem seems to lie with the bond- ing process. An amount of $58,000 has been budgeted and the one bid received this year came in at $83,380.00. The bonding process was discussed with City Attorney Rorick who ad- vised that the bonding requirements be left in the specifications. rainfall this year and possible damage to the pool due _,_11g out of the ground when empty were also considered. onager DeShazer recommended that we delay action due to possible ge to the pool due to the moisture in the ground and, in the ,,,�antime, look at other options in the bonding process such as the City purchasing the bond for a company. Parks Superintendent Barry Lastik stated that some smaller companies who cannot meet the bonding requirements on their own are now otie to five year warranties on their work. It was moved by'.;4"xa - l za er Weber, seconded by Councilmember Miller, t1jat s; a j; ..l of watts Pool be rejected. Motion passed 5 to 0. APPLICATION AND CERTIFICATE FOR PAYMENT NUMBER 3, IN THE AMOUNT OF $38,703.00, REGAS CONTRACTING, INC., FOR EXPANSION WORK DONE ON MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank informed that all items on 0 invoice were cor- rect and a completion date of February 1t`is estimated barring inclement weather. IJA It was moved by Councilmember k'41X, seconded by Councilmember Weber, that payment be made to Reggp Contracting, Inc., in the amount of $38,703.00 for work d+one_pn the Melvin Knapp Activity Building. Notion passed 5 .to,:� �J XJLT ON TO BID BACKHOE TRACTOR FOR THE PUBLIC WORKS DEPARTMENT City Manager DeShazer informed that this was a budgeted item which is now needed. It was moved by Councilmember Wolff, seconded by Council ember Miller, that authorization be given to bid a backhoe tractor: Motion passed 5 to 0. RESOLUTION NO. R92-3, RESOLUTION ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO INSTALL BOX CULVgRWO ALONG BARRY ROSE ROAD AND AGREEING TO HOLD THE DISTRICT HA09 FROM ANY RESPONSIBILITY Resolution No. R92-3 was read in caption by Councilmember Wolff. councilmewaor Wolff questioned whether the words "responsibility" as fogad in tho captilon and "liability" as found in Section 1 had the dame mear4pq - pity attorney Rorick stated in common parlance the answer would be yes. In legal jargon the answer would be probably not; however, they are synonymous. It was moved by Councilmember Wolff, seconded by Councilmembet Colson, that Resolution No. R92-3 be passed and approved on its first a2d only reading. Said Resolution No. R92-3 reads in caption as follows: RESOLUTION NO. R92-3 A RESOLUTION BY THE CITY OF PEARLAND ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO INSTALL BOX CULVERTS ALONG BARRY ROSE ROAD IN THE CITY OF PEARLAND AND ,AGRE9ING TO HOLD THE BRAZORIA COUNTY DRAINAGE AiSTRIC'�' NO. 4 HARMLESS FROM ANY RESPONSIBILITY. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. 7. RESOLUTION NO. R92-4, RESOLUTION ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO INSTALL STORM SEWER CULVERT PIPE ALONG ORANGE STREET AND AGREEING TO HOLD THE DISTRICT HARMLESS FROM ANY RESPONSIBILITY Resolution No. R92-4 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Resolution No. R92-4 be passed and approved on its first and only reading. Said Resolution No. R92-4 reads in caption as follows: RESOLUTION NO. R92-4 A RESOLUTION BY THE CITY OF PEARLAND ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO INSTALL STORM SEWER CULVERT PIPE ALONG ORANGE STREET IN THE CITY OF PEARLAND AND AGREEING TO HOLD THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 HARMLESS FROM ANY RE- SPONSIBILITY. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R92-5, RESOLUTION AUTHORIZING A CONTRACT AND AN AGREE- MENT BETWEEN THE CITIES OF FRIENDSWOOD AND PEARLAND FOR WATER AND SEWER SERVICE Resolution No. R92-5 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R92-5 be passed and approved on its first and only reading. Said Resolution No. R92-5 reads in caption as follows: RESOLUTION NO. R92-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CON- TRACT AND AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R92-6, RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER Police Chief Mike Hogg informed this is the third year continuation request for our crime prevention program conducted by Officer Matt Zepeda. Our second year began January 1st and we are now applying for the third year funding. The amount for the first year was 100%, the second year 80% and this, the third year, will be 60% funding. Resolution No. R92-6 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that Resolution No. R92-6 be passed and approved on its first and only reading. Said Resolution No. R92-6 reads in caption as follows: PAGE 8 RESOLUTION>NO. R92-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFI- CER. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. DECISION ON EVALUATION OF CITY MANAGER Mayor Coppinger announced this item would be considered after Execu- tive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:44 P. M. UNDER TEXAS RE- VISED 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 - Evaluation of City Manager. MEETING RETURNED TO OPEN SESSION AT 10:40 P. N. NEW BUSINESS: Continued DECISION ON EVALUATION OF CITY MANAGER It was moved by Councilmember Miller, seconded by Councilmember Col- son, that based on discussion in Executive Session, the employment of the City Manager of the City of Pearland be terminated and that Mr. Jim DeShazer be allowed to remain in his present position until the end of February and at that time he will receive a month's salary for f the month of March with his last day being the 29th of February. Motion passed 5 to 0. Mayor Coppinger commended the Council for making a tough decision and for acting conscientiously and sincerely with what they thought to be in the best interest of the citizens of this community. Mayor Coppinger also commended City Manager DeShazer for being a fine gentleman who is honest and conscientious and has done, in all mat- ters, the best he could have for this community and, in closing, Mayor Coppinger wished Mr. DeShazer well. ViV0316_11111RI The meeting adjourned at 10:42 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1992. & 6, Z, ee " - � � e 9:::::;? Mayor ATTEST: City Secreta