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1992-03-09 CITY COUNCIL REGULAR MEETING MINUTES17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON MARCH 9, 1992, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLANDs TEXAS The meeting was called to order with the following present: Mayor Councilmember Councilmember Councilmember Councilmember Interim City Manager City Attorney' City Secretary C. V. Coppinger Benny Frank Randy Weber Joy Colson William Wolff Glen Erwin Lester Rorick Pat Jones Councilmember Miller was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg. Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES The Pledge of It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the minutes of the meeting of February 24, 1992, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed Friday, March 13th, as "Pearland Junior High School Day." Representatives from the school accepted this proclamation. Mayor Coppinger reported on the status of the filling of the city manager's position and recommended that candidate interviews begin in the near future. Mayor Coppinger asked Councilmember Colson, Library liaison, to com- ment on the annual report recently received from the Brazoria County Library System. Mrs. Colson reported that our library services are excellent and our library is experiencing rapid growth. Mayor Coppinger reported on the status of the following: the Orange Street drainage project will soon be started by Brazoria County Drain- age District No. 4; the traffic situation at Cole's Flea Market has reached some agreement with the State to report back to us; the City has received a proposal from the School District regarding new roads to school sites and Councilmember Wolff recommended a workshop to consider this proposal. Mayor Coppinger asked Councilmember Wolff to advise the Council how to proceed with the necessary preparation work such as moving lines and providing drainage for the improvement to FM 518. Councilmember Wolff responded that a detailed map has not been provided as yet which will indicate which utilities will have to be moved and Mr. McWhirter, Superintendent of Public Works, and his staff have not been able to put together any figures as to cost and time. As soon as a current set of plans is available, the City staff will be able to provide some figures. Mayor Coppinger commented on the status of the improvements to the Melvin Knapp Activity Building and inquired about plans for landscap- itm ing. Councilmember Frank discussed the outstanding items on the punch list and reported that grant funds are available for landscaping using a zero maintenance program which utilizes Texas native plants. Coun- cilmember Frank reported that funds will be solicited from the Senior Citizens as well as Clean Pearland. The two lots in the back donated by Mr. Hastings will have to be paved for parking space. Mayor Coppinger inquired of City Manager Erwin the status of the interviews for a city engineer. Mr. Erwin reported that Mr. Malcolm. Collins of Coenco will report back to us soon. COUNCIL ACTIVITY REPORTS ♦'" Councilmember Weber reported he had received a complaint about con- struction trucks on Westminster and inquired whether a no -through sign could be posted. Police Chief Mike Hogg advised on this matter. Councilmember Frank reported on a Clean Pearland meeting and read some of the highlights of the meeting. The original three year maintenance agreement for the upkeep of the trees planted along FM 518 after the City received an award of $50,000 in landscaping has been extended an additional 20 months. This will carry the trees through three growing seasons and this maintenance covers watering, fertilizing, mowing, and replacement of dead or diseased trees. Wildflowers may be added to next spring's growing season. April 4th is Texas Trash Off Day. The third year in a coloring contest is underway. Continuing his report, Councilmember Frank reported that a tree pro- gram as well as a proposed landscape ordinance will soon be presented to the City by the Clean Pearland organization. Pearland Night with the Astros will be July 24th this year. A company in Houston will let us use a roll -off at our recycling center if the City will install three twelve feet gates to allow the roll -offs to be emptied. Mr. Frank reported on the financial status of Clean Pearland. Councilmember Frank inquired of the status of the chipper truck and the needed equipment to empty the igloos. The phone lines of Clean Pearland were discussed as well as the swimming pool bid and the traffic situation at Cole's Flea Market. Councilmember Colson had nothing to report at this time. Councilmember Wolff acknowledged the death of Mrs. George Hastings. Mr. Wolff reported he had received a complaint from Windsong Convales- cent Home that their driveways had not been replaced according to pre- existing conditions after work was done in the area. In closing, Councilmember Wolff called attention to the congested areas in our local supermarkets where it appears that no attention is paid to fire safety. DEPARTMENTAL REPORTS City Manager Glen Erwin reported that he has reviewed a report from Mr. Baxter who is in charge of our employee assistance program and that seven of our employees are now utilizing the services of this program with four of those being self -referrals. Mr. Erwin reported he had met with a representative of Coenco, Inc. and letters of agreement for a study of Barry Rose sewer plant and McLean Road park have been executed. CITIZENS 1. Paula Scardino, Chamber of Commerce. Ms. Scardino informed the Council of the Chamber's goals for the coming year. 2. Barbara Bamburg, 2824 Country Club. Ms. Bamburg questioned the procedure by which citizens are allowed to address the Council. Ms. Bamburg also questioned why the Planning and Zoning Commission has final approval of plats and not the Council itself. In closing, Ms. Bamburg suggested the Council adopt a code of ethics. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None MEETING RECESSED AT 8:23 P. N. MEETING RECONVENED AT 8:34 P. N. NEW BUSINESS 19 APPROVAL OF CHANGE ORDER NO. 3, REGAS CONTRACTING, INC., IN THE AMOUNT OF $1,965.75 FOR EXPANSION WORK DONE ON MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank reported all was in order on this change order. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Change Order No. 3 in the amount of $1,965.75 be approved. Motion passed 4 to 0. AUTHORIZATION TO PAY APPLICATION AND CERTIFICATE FOR PAYMENT NO. 4, REGAS CONTRACTING, INC., IN THE AMOUNT OF $47,348.47 FOR EXPANSION WORK DONE ON MELVIN KNAPP ACTIVITY BUILDING It was moved by Councilmember Frank, seconded by Councilmember Wolff, that this application and certificate for payment in the amount of $47,348.47 be paid to Regas Contracting, Inc. Mr. Jack McGuff, architect, commented that this project was 99% com- plete. Motion passed 4 to 0. APPROVAL OF SCHEDULE OF EVENTS FOR SALE OF $2,000,000.00 IN STREET Il IROVEMENT BONDS City Manager Erwin informed the Council that he had met with Frank Ildebrando, financial advisor, on February 28th. Mr. Ildebrando asks that this schedule be approved with attention called to a special -. meeting of the Council on March 30th. It was moved by Councilmember Wolff, seconded by Councilmember Colson, - that the schedule of events for the sale of $2 million in street improvement bonds be approved. Motion passed 4 to 0. AWARD OF BID NO. B92-3, TRACTOR LOADER/BACKHOE Council considered the following bids: VENDOR MAKE PRICE DELIVERY DATE PRECO MACHINERY JCB 214 $34,572.00 15-30 DAYS SALES, INC. LANSDOWNE-MOODY FORD 555C $26,915.00 10-120 DAYS COMPANY, INC. STEWART & STEVEN- JOHN DEERE $30,314.00 30-60 DAYS SON, INC. 310 D STEWART & STEVEN- JOHN DEERE $26,825.00 30-60 DAYS SON, INC. 300 D CASE POWER 580 SK $27,144.00 10 DAYS & EQUIPMENT 19 UNFINISHED BUSINESS: None MEETING RECESSED AT 8:23 P. M. MEETING RECONVENED AT 8:34 P. M. NEW BUSINESS APPROVAL OF CHANGE ORDER NO. 3, REGAS CONTRACTING, INC., IN THE AMOUNT OF $1,965.75 FOR EXPANSION WORK DONE ON MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank reported all was in order on this change order. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Change Order No. 3 in the amount of $1,965.75 be approved. Motion passed 4 to 0. AUTHORIZATION TO PAY APPLICATION AND CERTIFICATE FOR PAYMENT NO. 4, REGAS CONTRACTING, INC., IN THE AMOUNT OF $47,348.47 FOR EXPANSION WORK DONE ON MELVIN KNAPP ACTIVITY BUILDING It was moved by Councilmember Frank, seconded by Councilmember Wolff, that this application and certificate for payment in the amount of $47,348.47 be paid to Regas Contracting, Inc. Mr. Jack McGuff, architect, commented that this project was 99% com- plete. omplete. Motion passed 4 to 0. 20 City Manager Glen Erwin reported this was a budgeted item and bids were opened Friday, March 6th. Staff is recommending Lansdowne -Moody be awarded the bid as being the lowest bidder meeting specifications. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Bid No. B92-3 be awarded to Lansdowne -Moody, Inc. in the amount of $26,915.00. Motion passed 4 to 0. , AUTHORIZATION TO RE -BID SWIMMING POOL WORK City Manager Erwin recalled the history of this bid and the difficulty of obtaining a bid within our budget from a bondable company,:! The opening date for the pool is drawing near and it has been ascertained that other bondable companies are willing to bid on this project. It was moved by Councilmember Frank, seconded by Councilmember Wolff, that authorization be given to bid the swimming pool work again. The amount budgeted for this item was determined to be approximately $54,000 to $55,000. Motion passed 4 to 0. AUTHORIZATION TO BID RIDING LAWNMOWER FOR PARKS DEPARTMENT Mr. Erwin informed this is a budgeted item and will be needed by the Parks Department for this mowing season. It was moved by Councilmember Frank, seconded by Councilmember Colson, that authorization be given to bid a riding lawnmower. Motion passed 4 to 0. DISCUSSION AND/OR AUTHORIZATION TO RETAIN SERVICES OF AN APPRAISER FOR ACQUISITION OF MARY'S CREEK RIGHT-OF-WAY City Manager Erwin referred to the resume of Robert Jones and reported that he had past dealings with this individual and his firm and would recommend that he be retained as the appraiser on this project. Councilmember Wolff recalled that Mr. Jones in association with Mr. George Reed has represented the City in past appraisals regarding condemnations. Mayor Coppinger inquired whether this appraisal work would be done in a timely manner and asked whether we would be ably represented in court, if necessary. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Mr. Robert Jones be appointed as the City's fee appraiser on land relating to the right-of-way required for flood access to Mary's Creek. Motion passed 4 to 0. RESOLUTION NO. R92-8, AUTHORIZING EXECUTION OF DEED WITHOUT WARRANTY Resolution No. R92-8 was read in caption by Councilmember Colson. City Attorney Lester Rorick informed there has been a foreclosure by (' the Pearland Independent School District respecting delinquent ad valorem taxes. These delinquent taxes belong to the school district, the county, and the City of Pearland. The school district foreclosed and took title to the land. The school district has been able to secure a private sale of $14,500 and will apportion the proceeds among the three taxing entities. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Resolution No. R92-8 be passed and approved on its first and only reading. 21 Said Resolution No. R92-8 reads in caption as follows: RESOLUTION NO. R92-8 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE EXECUTION OF A CERTAIN DEED WITHOUT WARRANTY, A FACSIMILE OF WHICH IS ANNEXED HERETO, DESIGNATED EXHIB- IT "A" HEREOF AND INCORPORATED HEREIN FOR ALL PURPOSES. Voting "Aye" - Councilmembers Weber, Frank, Colson, and Wolff. Voting "No" - None. Motion passed 4 to 0. Mayor Coppinger recognized Bobby Stevener from the audience who is working with Clean Pearland on the landscaping ordinance. Mayor Coppinger also recognized a government student from the audi- ence. .. 1 . OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:50 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 - Discussion of Department Heads and Supervisors. MEETING RETURNED TO OPEN SESSION AT 10:12 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of the item discussed in Execu- tive Session. ADJOURN The meeting adjourned at 10:12 P. M. Minutes approved as submitted and/or corrected this .23 day of A. D . , 1992. . 0 - I I _00-1 ___ - - ATTEST: Ci -:Ey- Secret