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1992-04-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON APRIL 13, 1992, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember Interim City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff Glen Erwin Lester Rorick Pat Jones The invocation was given by Police Chief Mike Hogg. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the minutes of the regular meeting of March 23, 1992, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the special meeting of March 30, 1992, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Colson, seconded by Councilmember Weber, that the minutes of the special meeting of April 6, 1992, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, with the assistance of Councilmember Wolff, pro- claimed Saturday, April 25, as "Crawfish Jamboree Day" in Pearland. Local Knights of Columbus representatives accepted this proclamation. "ARC Golf Tournament Day" was proclaimed by Mayor Coppinger for April 27th. Councilmember Miller read this proclamation in behalf of the Mayor. Mayor Coppinger, with the assistance of Chief Mike Hogg, proclaimed the week of April 12-17 as "National Dispatcher's Week" and commended the personnel who serve in this capacity. The month of April was proclaimed as "Child Abuse Prevention Month" and Councilmember Colson assisted Mayor Coppinger in making this presentation. Mayor Coppinger announced there would be several changes in the order of the business this evening to accommodate visiting attorneys and bond counsel personnel. 36 CITIZENS 1. Dan Lubecki, 5310 Spring Branch. Mr. Lubecki complained about a recent sewer backup in his home in the Springfield Subdivision. 2. Dorothy Medearis, 4824 W. Broadway. Ms. Medearis spoke about right-of-way and asked that the City pay her for right-of-way deeded to the City. She also suggested the traffic problem in and around the new high school site could be remedied by having turn lanes at the intersection of Magnolia, Hwy 35, and John Lizer. DEPARTMENTAL REPORTS Chief Mike Hogg presented the Dispatcher of the Year Award to Tracy Carter and commended her performance in this capacity. CITIZENS: Continued 3. Vicky McRay, 1520 Westfield. Daniel McRay spoke instead of his spouse and asked when the sewer project near his home would be finished and his yard put back in order. Mr. McRay also inquired when his street would be repaved and intro- duced photographs of Westfield as well as photographs of the sewer construction work. 4. Barbara Bamburg, 2824 Country Club. Ms. Bamburg requested permission to wait until after Council Activity Reports to speak and Council gave its concurrence. 5. Shirley Aguirre, 10610 Kirkhall. Ms. Aguirre requested assistance from Council in allowing her to build a dwelling across three lots in the old townsite. City Manager Erwin stated the Planning and Zoning Commission had given an alternative and that is to replat the property. Council discussed solutions to this problem and suggested it be placed on the April 27th agenda or if a special meeting is called for the 20th this item would be considered then by -- Council. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 627, AUTHORIZING THE ISSUANCE OF $2,000,000 IN STREET IMPROVEMENT BONDS AND DECLARING AN EMERGENCY Mr. Frank Ildebrando of Rauscher Pierce Refsnes, Inc., Financial Advisors, informed that nine bids had been received and offered the following interest rates for Council's consideration: SELLING GROUP NET EFFECTIVE INTEREST RATE NATIONS BANC 6.4131% RAUSCHER PIERCE REFSNES, INC. 6.4019% BARRE & COMPANY 6.4194% COASTAL SECURITIES CORP. 6.5559% DEAN WITTER REYNOLDS, INC. 6.4744% MERRILL LYNCH 6.5239% 37 SELLING GROUP NET EFFECTIVE INTEREST RATE SOUTHWEST SECURITIES, INC. 6.5095% BANK ONE 6.3807% CLAYTON BROWN & ASSOCIATES 6.4029% Mr. Ildebrando recommended the bid of Bank One be accepted at an effective rate of 6.3807%. This action can be enacted by passage of the bond ordinance prepared by Cliff Youngblood of Vinson & Elkins. The bidder's name and interest rate will be entered into the ordinance and the passage of this ordinance will constitute the award of the sale of these bonds, Mr. Ildebrando informed. Mr. Youngblood stated he expected to have the City's money in the bank by May 13th. Ordinance No. 627 was read in caption by Councilmember Wolff. (First and only reading) It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Ordinance No. 627 be passed and approved on its first and only reading. Said Ordinance No. 627 reads in caption as follows: ORDINANCE NO. 627 ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000 CITY OF PEARLAND, TEXAS, STREET IMPROVEMENT BONDS, SERIES 1992; AND DECLARING THAT A SPECIFIC AND IMMEDIATE PUBLIC EMERGENCY EXISTS IN THAT PROCEEDS OF SALE OF SUCH BONDS ARE REQUIRED AS SOON AS POSSIBLE TO ACCOM- PLISH THE BOND PURPOSES FOR PROTECTION OF LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE WITHIN THE CITY. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. Mayor Coppinger announced the Council would now enter into Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:21 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - 1) Discussion regarding appointment of three members to the Planning and Zoning Commission to fill terms expiring in April; 2) Discussion regarding appointment of six members to the Zoning Board of Adjustment to fill terms expiring in April; and 3) Discussion regarding appointment of Health officer to fill term expiring in April. UNDER SUBSECTION (e) LEGAL - 1) Discussion with attorney regarding Green Tee subdivision litigation; 2) Discussion with attorney regard- ing Beaty/Ferguson litigation; 3) Discussion with attorney regarding Jamison settlement; and 4) Discussion with attorney regarding on-call pay litigation. 38 MEETING RETURNED TO OPEN SESSION AT 9:49 P. M. Mayor Coppinger signed a certification of those items discussed in Executive Session. Mayor Coppinger stated the Council would now attend to those item on the agenda which had been passed. COUNCIL ACTIVITY REPORTS Councilmembers Weber, Frank, and Miller had nothing to report at this time. Councilmember Colson asked the Council to consider amending the way. persons are currently signed up to speak on the agenda as recently suggested by an individual who addressed Council under "Citizens." Councilmember Wolff reported the box culverts have been installed along Barry Rose Road. Mr. Wolff also reported the Drainage District has informed him it will begin creek modifications along Mary's Creek between McLean Road and the railroad track to open it to the 100 year flood right-of-way requirement. Mayor Coppinger requested Council to be present on April 25th for interviews of city manager applicants. Five candidates are being asked to return for a second meeting. DOCKETED PUBLIC HEARING: 1. Request by Richard and Linda Lemmon, owners, for approval of abandonment of a twenty foot access easement on Lot 22, Block 7, Green Tee Terrace Townhouse Reserve. Mayor Coppinger informed this item, as well as New Business No. 1 would be passed to a future agenda as the necessary paperwork has not been received. CITIZENS: (Continued) 1. Barbara Bamburg, 2824 Country Club. Ms. Bamburg discussed a - code of ethics for City employees and Council having final say on the approval of plats, rather than the Planning and zoning Commission. UNFINISHED BUSINESS Councilmember Colson excused herself from the Council Chambers at this time. ORDINANCE NO. 626, ANNEXING TERRITORY TO THE CITY OF PEARLAND, HARRIS, COUNTY, TEXAS Councilmember Wolff informed his vote on this ordinance would be contingent on Item No. 8 of New Business concerning the commitment by the Council for the construction of three bridges. Mr. Wolff suggest- ed the order of business to be considered be changed or he would not vote on this item. There followed a lengthy discussion regarding having a workshop to discuss all the details of the proposed bridges and the necessary financing for the construction of these bridges as well as other needed projects throughout the City. Mr. Wolff asked that this item be passed until after the workshop; meeting is held. Council discussed having a workshop followed by a special meeting on the 20th of April. It was moved by Councilmember Frank that this item, Unfinished Busi- ness No. 1, be passed at this time with a workshop and a special meeting to be called for April 20th. 39 Councilmember Weber agreed to second the motion with the amendment of adding consideration of the request of Mrs. Aguirre who had spoken earlier in the evening under Citizens to the April 20th agenda. Councilmember Wolff suggested the motion be further amended to reflect Item No. 8 under New Business will be passed also this evening. The maker and seconder agreed to the amendments. Motion passed 4 to 0, with Councilmember Colson absent from the Cham- bers at this time. Councilmember Colson returned to the Chambers at this time. EXCUSED ABSENCE FOR MAYOR C. V. COPPINGER FROM THE SPECIAL MEETING OF APRIL 6, 1992 It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Mayor Coppinger be excused from the special meeting of April 6, 1992. Motion passed 5 to 0. APPROVAL OF CHANGE ORDER NUMBER 4, REGAS CONTRACTING COMPANY, IN THE AMOUNT OF $227.25 FOR WORK DONE ON THE MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank informed this work is for exterior lights and some additional electrical work which had been overlooked. It was moved by Councilmember Frank, seconded by Councilmember Wolff, that this change order in the amount of $227.25 be approved. Motion passed 5 to 0. APPROVAL OF CHANGE ORDER NUMBER 5, REGAS CONTRACTING COMPANY, IN THE AMOUNT OF $700.00 FOR WORK DONE ON THE MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank explained he and Mr. McGuff, architect for the project, had told the contractor this wall was not acceptable and even though it had been re -done, the results were not any better. It was moved by Councilmember Frank, seconded by Councilmember Weber, that this change order in the amount of $700.00 be disallowed. Motion passed 5 to 0. AUTHORIZATION FOR PAYMENT OF APPLICATION NO. 5, REGAS CONTRACTING COMPANY, IN THE AMOUNT OF $11,061.00 FOR WORK DONE ON THE MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank informed this amount is for miscellaneous site work, paving, electrical items, and signage and graphics. This is the amount due with retainage held out. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Application No. 5 in the amount of $11,061.00 be approved for payment. The length of retainage was discussed which was thought to be the length of the warranty which is thirty days. Motion passed 5 to 0. DISCUSSION AND/OR AUTHORIZATION TO BID ROOF REPAIR ON INDEPENDENCE PARK POOL HOUSE City Manager Erwin stated the roof at the pool house is in poor condi- tion and asked for authorization to bid this repair. Councilmember Frank informed that the Garland Company had inspected it and it is in extremely poor condition according to their report. It was moved by Councilmember Weber, seconded by Councilmember Frank, that authorization be given to bid the roof repair at the pool house 40 at Independence Park. In discussion, it was asked whether this project could be done in- house or whether the expertise of Jack McGuff, architect, would be needed. City Manager Erwin recommended outside expertise be used. The motion was amended to state the architect will prepare plans and specifica- tions. Motion passed 5 to 0. DISCUSSION AND/OR COMMITMENT TO CONSTRUCT THREE BRIDGES TO ALLEVIATE TRAFFIC CONDITIONS IN THE CITY Mayor Coppinger stated this item is being passed until the workshop and special meeting of April 20th. DISCUSSION AND/OR AUTHORIZATION FOR INTERIM CITY MANAGER TO SCHEDULE A COUNCIL RETREAT Councilmember Colson suggested a working retreat, guided by a profes- sional facilitator, may help the Council become more effective. It was suggested this retreat take place after the coming city officers' election and the filling of the position of city manager but before the budgeting process begins. The first part of July was mentioned as a possible date. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that City Manager Erwin begin the process of planning a Council re- treat. Motion passed 5 to 0. ORDER FOR ADDITIONAL HOURS OF EARLY VOTING AND SUBMITTAL TO THE JUS- TICE DEPARTMENT FOR PRECLEARANCE UNDER THE FEDERAL VOTING RIGHTS ACT It was moved by Councilmember Frank, seconded by Councilmember Weber that additional hours of early voting be held on Saturday, April 25 during the hours of 12 noon to 5:00 P. M. 11 Council discussed the method for preclearance with the Justice Depart- ment. Motion passed 5 to 0. DISCUSSION AND/OR ACCEPTANCE OF SETTLEMENT OFFER BY FRANCES JAMISON Councilmember Wolff discussed the history of obtaining right-of-way for flood control purposes. Due to recent sale of certificates of obligation, money has been made available to obtain right-of-way after an appraisal has been made. An appraiser has been hired by the City to look at land from Corrigan subdivision to Clear Creek. Even though Mrs. Jamison has submitted a proposal for consideration, it does not seem proper or legal, Mr. Wolff continued, to give final consideration to Mrs. Jamison's proposition without having information from the appraiser before the Council. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that no action be taken on this item until we have received an ap- praisal from the appraiser, taking the value of the land in total. There followed a discussion addressing such concerns as the number of parcels to be appraised which was thought to be over twenty. ThE direction the appraisals would take was discussed and whether the Council would be ready to move on this item as soon as the Jamison land was appraised. It was determined that action would be taken after all appraisals had been done. Time frame of the appraisals and Mrs. Jamison's proposal was discussed. Mr. Erwin stated it was believed to be a three month process. Upon call for the question, motion passed 5 to 0. ADJOURN The meeting adjourned at 10:39 P. M. MiliiP.Z70 ved as submitted and/or corrected this _2 '2 day of A. D., 1992. Mayor ATTEST: -4; �6z� (2�� City Secreta