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