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1992-01-13 CITY COUNCIL REGULAR MEETING MINUTES238 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JANUARY 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 City Manager Administrative Assistant City Attorney C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Glen Erwin Lester Rorick City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Coppinger. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Minutes of the regular meeting of December 23, 1991, be ; approved as submitted. Councilmember Weber asked that the minutes show a correction to the date in the motion found on page 236. The date should read "November 19, 1991," rather than November, 1991. The maker and seconder of the motion agreed to the amendment. Motion passed 5 to 0. COUNCIL ACTIVITY REPORT Councilmember Weber had nothing to report at this time. Councilmember Frank reported on the meeting he and Councilmember Wolff had with Pearland Independent School District representatives on January 9th regarding roads in and around schools. Mr. Frank stated he felt it was a productive meeting and school officials indicated they will be back in touch before the end of January. Councilmember Frank read a letter commending Officer Rob Harding for his work with the D.A.R.E. program and the successful recent graduation exercise. Councilmember Frank continued his report and said an inspection had been done on the roof at the old City Hall which was found to be in deplorable shape. Mr. Frank reported on some recent correspondence he received on the Clover Field issue. It was suggested that copies of this letter be made available to Council at the end of the meeting for possible future discussion. N7 Councilmember Miller reported his attendance at the Parks Board meet- ing on January 11th. Councilmember Colson reported her attendance at the Pearland Volunteer Fire Department Awards Banquet and presented, at the request of Mayor Coppinger, a Certificate of Recognition to the City from the Fire Department. Mrs. Colson also commended the efforts of the D.A.R.E. program stating it was a very positive step in our community's future. 7"AL Councilmember Wolff reported his attendance at the Drainage District's meeting where it was apparent that development is taking place in the easterly side of the City. Mr. Wolff also reported on the meeting. with the School District, and in closing, asked that a workshop be called to consider issues addressed in recent individual letters that he and Mayor Coppinger had sent to the Council. DEPARTMENTAL REPORTS City Manager DeShazer reported that he and Public Works Superintendent Ronny McWhirter traveled to Austin on January 8th to confer with the Health Department regarding the closing of our landfill. While there, they also discussed with a Health Department representative the prob- lems evidenced with the testing of monitoring well no. 2. Research has indicated there is an old oilfield well near the monitoring well. The Health representative indicated he would recommend that the City be allowed to plug this well and not be required to build another one as our other three wells are producing good results. Mr. DeShazer reported he also met with TML legal counsel in Austin and delivered background information which was discussed in Executive Session of the special meeting held just previous to this one. City Manager DeShazer reported on a call from the EPA, which is to be followed up with a letter, regarding the dechlorination of our Barry Rose Water Plant. Mr. DeShazer informed that there was a delay as approval of the plans to include dechlorination had to be obtained from the Texas Water Commission. The deadline of March 1st for com- pliance with dechlorination will be met; however, a trip to Dallas to meet with EPA representatives may be necessary to confirm our plans for dechlorination. Mr. DeShazer also reported on calls regarding the condition of some of our streets and said this is due, in part, to the rainy weather we have experienced. Administrative Assistant Glen Erwin reported on a lengthy meeting held 0.1 last Thursday with Chris Hartung, the consultant hired to do a compen- sation study and a job description analysis for the employees. Mr. Hartung reported his first draft of the job descriptions should be ready by January 17th and will be sent to the City at that time for review. Mr. Hartung also reported that he is about 75% complete on the compensation survey with the delay due to waiting on information from the benchmark cities selected for comparable data. Mr. Erwin informed that Mr. Hartung has requested a workshop on the 23rd of this month to review his findings. It was the consensus of Council to meet with him on this date. City Manager DeShazer introduced John Hobson, the new City Health Inspector. MAYOR'S ACTIVITY REPORT Mayor Coppinger read a letter from a young citizen who asked that the City look at the intersection of McDonald and Dixie Farm Road which the youngster feels is a traffic hazard. Mayor Coppinger asked Police Chief Mike Hogg to handle this matter. Mayor Coppinger commented on a letter from the Chamber of Commerce requesting $1,600 for funding of a video promoting economic develop- ment in the area. Council discussed the budget allocation for the Chamber and it was the consensus of Council to send the balance of the $10,000 appropriated to the Chamber with the request that the Chamber give an accounting to the Council of its expenditures. Mayor Coppinger inquired of the status of the revisions to the Land Use and Subdivisions ordinances and City Manager DeShazer reported that workshops are in progress by the Planning and Zoning Commission. Mayor Coppinger inquired of the status of the revisions to the Person- nel ordinance and City Manager DeShazer reported that City Attorney Lester Rorick is in the process of working on these amendments. M11 Mayor Coppinger commented on a job description for the Supervisor of the Inspection Department which Mr. DeShazer had included in the Council work papers. City Manager DeShazer responded that he had been instructed to prepare this description and would welcome Council's comments. In Council discussion, duties and certification of the individual were considered. It was asked whether Mr. Hartung will be preparing an analysis for this position and Mr. DeShazer indicated he would ask that this job be included in his findings. Mayor Coppinger called attention to another letter from Storer Cable requesting renewal of their franchise with the City. Mr. DeShazer reported that the expiration date of the franchise is not until August of 1994. Mr. DeShazer informed that he has tried to make contact with _. a party from Storer and will follow up to try to understand their reasoning for the early renewal of the franchise. Mayor Coppinger commented on the flooding in lower Brazoria County. -- Council expressed an interest in helping these sister cities and members of the Council who will be attending Brazoria County Cities Association in Alvin on Wednesday, the 15th, will try to ascertain the needs. It was suggested the Emergency Management Coordinator work with the City Manager in this endeavor. Mayor Coppinger inquired about obtaining an appraiser for the right-of-way along Mary's Creek and City Manager DeShazer reported appointments have been scheduled with individuals. Mayor Coppinger questioned the time for a workshop and it was Council consensus that a meeting be called for Tuesday, January 28th, at 6:00 P. M. DEPARTMENTAL REPORTS: Continued Chief Mike Hogg discussed with Council recent legislative changes which will require additional personnel in the Police Department to cover areas such as victim's assistance, juvenile law, family vio- lence, and counseling. Mr. Hogg reported on ways to provide these services. An amendment to the Civil Service ordinance will be needed to enact some of these changes. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS AWARD OF BID NO. B91-23, CUSTOM PUMPER FOR THE FIRE DEPARTMENT City Manager DeShazer asked that this item be passed to a future agenda as Larry Steed, Fire Marshal, has not yet been able to make a recommendation. AWARD OF BID NO. B91-24, TWO POLICE CARS Council considered the following bids: VENDOR MAKE UNIT PRICE DELIVERY DATE ALTERNATE* KNAPP CHEV CHEV CAPRICE $12,795.00 60 DAYS A.C.COLLINS FORD 92 CROWN VICT $11,996.00 120-150 DAYS LES MARK CHEV CHEV CAPRICE $13,793.03 90-120 DAYS (1992) X X X RON CARTER CHEV RON CARTER FORD CHEV CAPRICE (1992) r� UNIT PRICE DELIVERY DATE ALTERNATE* $12,781.44 92 CROWN VICT $12,542.00 60-120 DAYS X 120-150 DAYS X rool- *Same price per unit if additional quantities are purchased. City Manager DeShazer commented that this bid was let as two vehicles with an alternate to buy more units. Mr. DeShazer stated that Chief Mike Hogg and Mike Joyce, Fleet Manager, have recommended this bid be awarded to Ron Carter Chevrolet in the amount of $12,781.44 per vehi- cle. In discussion, it was brought out that the 92 Ford Crown Victoria has a new engine this year which has not been proven in police work. Mike Joyce stated it would meet specifications but delivery time is also a factor and Ford is not in production yet and may have many back or- ders. City Manager DeShazer recalled that we had originally received bids on these vehicles at approximately $15,000.00. In this year's budget, $14 - 15,000.00 was allocated per vehicle and plans were made to obtain some mid-size cars for other areas in the Police Department. An alternate for additional vehicles was listed in the specifications and because bids came in as low as they did, it is felt that, within $480.00, five vehicles can be purchased. Council's permission is requested to replace some of the CID cars with these full size cars. Mr. DeShazer continued that the alternate specification will also allow Ronny McWhirter, Public Works Superintendent, to replace one of his vehicles at this time. Staff's recommendation is that Ron Carter be awarded the bid for six vehicles in the amount of $12,781.44 per unit. It was moved by Councilmember Miller, seconded by Councilmember Col- son, that the purchase of six vehicles through Ron Carter be approved as per the recommendation of Staff. The distribution of these cars was discussed as well as the vehicles to be replaced. Motion passed 5 to 0. APPLICATION FOR PAYMENT NO. 2 FROM REGAS CONTRACTING, INC. IN THE AMOUNT OF $102,247.00 FOR WORK DONE ON THE MELVIN KNAPP ACTIVITY BUILDING Councilmember Frank stated that a change order mentioned at the last meeting in the amount of $2,285.00.00 has been incorporated into the total price. It was moved by Councilmember Frank, seconded by Councilmember Weber, that payment be made to Regas Contracting, Inc. in the amount of $102,247.00 for work done on the Melvin Knapp Activity Building expan- sion. Motion passed 5 to 0 ` DISCUSSION AND/OR AUTHORIZATION OF CITY MANAGER'S PROPOSAL TO LEASE UNOCCUPIED SPACE ON THIRD FLOOR OF CITY HALL City Manager DeShazer stated he had been asked by Council to draw up a proposal for rental of this space. Included in the Council packets was a drawing of this area. Mr. DeShazer discussed the drawing, stating that he has reserved 800 square feet for a Records Storage Center. City Manager DeShazer referred to a memo from City Secretary 242 Pat Jones requesting that space be made available for a climate con- trolled storage area to meet state mandates for storage of the City's records. Council discussed whether this area on the third floor was designed to receive a live load of records storage. Amount of square footage available for lease as well as anticipated rates of rental per square foot were discussed. Build out policies were discussed for three and five year leases. Projected growth of the City staff was discussed and Mr. DeShazer stated he felt the staff would not need this space in the next five years. Growth in other areas such as the Police and Municipal Court departments was discussed. Mayor Coppinger asked Mr. DeShazer to address any negative aspects of leasing this area. City Manager DeShazer said consideration should be given to access to the building, security problems, janitorial serv- ices, and heating and cooling needs as the thermostats in the building are currently cut off on the weekends. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that reconsideration be given this matter and that this space be kept solely for municipal business and not be rented. In discussion, Councilmember Miller stated it seemed feasible to rent this area, with the possibility of earning up to approximately $3,000.00 per month in income to be used in other needed areas. Mr. Miller questioned where files were kept currently. It was discussed that the records of the City are currently scattered and kept in a haphazard manner. Ways to utilize the third floor as a storage center were discussed. Mayor Coppinger cautioned that it might not be feasible to lease to a business such as an engineering firm, legal firm, or an accounting firm that might have an interest in doing business with the City. Councilmember Wolff suggested that this space might, in the future, be used by the Library and, like Councilmember Miller, urged that this space be utilized. Upon call for the question, motion passed 5 to 0. AUTHORITY FOR THE CITY ATTORNEY TO FILE LAWSUIT AGAINST ST. PAUL INSURANCE COMPANY City Attorney Rorick briefed the Council that there are two lawsuits pending against the City for which three insurance companies may be responsible for defense and/or damages as may be found by a court. Two of these companies, the Hartford and the Texas Municipal League Insurance Pool, have joined in the defense of these case under reser- vation of rights. One of the companies, St. Paul, has not indicated any willingness to either defend under reservation of rights or accept responsibility. The final way of convincing the company to join with the other insurance companies is to file an action for declaratory judgment in a district court. City Attorney Rorick asked for Coun- cil's permission to do this and stated he would not file this action until such time that he has determined that it is absolutely essential to require the compliance of the insurance company and until such time as the other carriers feel like it is an appropriate action. It was moved by Councilmember Miller, seconded by Councilmember Frank, that the City Attorney be and is hereby authorized and directed to file suit for declaratory judgment against the St. Paul Insurance Company, for the purpose of determining responsibility of the said insurance company to provide a defense and pay some portion of the., damages, if any, which may accrue as a result of the Beaty and Fergu- son lawsuits now pending against the City of Pearland, Texas. Councilmember Wolff asked that the motion be amended to read after "St. Paul Insurance Company, if necessary, for the purpose of." The maker and seconder agreed to amend the motion accordingly. 243 Motion passed 5 to 0. Before adjournment, Mayor Coppinger called attention to the November results on the recycling. Ninety tons were recycled and $1,400.00 was returned to the City which has far exceeded previous expectations. ADJOURN The meeting adjourned at 9:00 P. M. Mi tes approved as submitted and/or corrected this ,2-'7 day of A. D . , 1992. Mayor ATTEST: City Secret y