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1990-04-09 CITY COUNCIL REGULAR MEETING MINUTES133 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEM HELD ON APRIL 9, 1990, AT 7:30 P. M. IN CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem William Wolff Councilmember David Smith Councilmember James Bost Councilmember D. A. Miller Councilmember Richard Tetens Acting City Manager James DeShazer City Attorney Robert Talton City Secretary Kay Krouse .`3; INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation,was given by Councilmember David Smith. The Pledge of Allegiance was led by Councilmember William Wolff. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of March 26, 1990, be approved as presented. Motion passed 5 to 0. MAJOR'S =ALT1ttA-01PORT Txl Mayor Reid issued a proclamation proclaiming Monday, April 23, 1990, as "ARC Golf Tournament Day". Chairperson Carol Gross and other members of the Association for Retarded Citizens, Unit 1688, accepted the proclamation. COUNCIL ACTIVITY REPORTS Councilmember Miller reported attending the Clover Field Airport Feasibility Study Committee meeting on March 27, and advised that the Pearland portion of the feasibility study committee was present tonight and will be making a presentation to Council during the Executive Session this evening. Councilmember Tetens reported on his participation in Clean Pearland's clean up activities on Saturday, April 7. Councilmember Smith reported that he, too, participated in activities of Clean Pearland last Saturday. Councilmember Smith reported attending the Drainage District No. 4 meeting this morning, and that the District has requested the holding of a joint workshop with Council to discuss some of the work on Mary's Creek and work on the storm sewer project along Old Alvin Road. Councilmember Bost questioned the status of the project for a sidewalk in front of the Aaron Pasternak Park. Acting City Manager Jim DeShazer responded that Staff plans are for having the contractor for the basketball courts at McLean Park to also do the sidewalk project. Acting City Manager Jim DeShazer reported that as soon as the weather conditions improve, work will continue on the Barry Rose Road project. CITIZENS 1. Chris Schultz, 2428 Shadybend. Mr. Schultz spoke against Couneil.! consideration of banning a certain breed of dogs within the City, and stated he felt that the Animal Control Board Committee's recommended amendment to the Animal Control Ordinance was a better solution to the problem. 2. Walter E. High, 2518 Ash Road. Mr. High expressed his concerns about what he feels is a dangerous condition at the railroad crossing on Walnut Street, and he also spoke about the bad condition of the road in the area of the intersection of Hatfield and Fite Road. 3. Emery Miller, 4308 Rice Dryer Road. Mr. Miller spoke about his company, Emchem, and its history in Pearland. He also spoke about his involvement with City officials and the lawsuit the City has filed against him, and he requested that the City refrain from pursuing the court costs of approximately $450.00. 4. Frances Jamison, F. M. 518. Mrs. Jamison presented Council copies of the letter from which she read. The letter, signed by Frances and Bert Jamison mentioned rights-of-way involving their property, along with other issues. DOCKETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS APPOINTMENT OF ONE MEMBER TO THE LIBRARY BOARD FOR A THREE-YEAR TERM It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Faye Hunter be reappointed to the Pearland Library Board for another three-year term. Motion passed 5 to 0. APPOINTMENT OF ONE M01BER TO THE BUILDING CODE BOARD OF ADJUSTMENTS & APPEALS TO FILL UNEXPIRED TERM Mayor Reid advised that this item would be passed to a future agenda. RESOLUTION NO. R90-9, RESOLUTION AGREEING TO HOLD HARMLESS THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 FOR THEIR WORK ON THE CHANNEL EXCAVATION OPUNION FOR THEt CITY IN CONJUNCTION WITH THE STATE'S COUNTRY CLUB DRIVE BRIDGE REPLALNIENT PROJECT City Attorney Robert Talton advised that along with this Resolution, an intergovernmental agreement was needed, so he will contact the attorney for the Drainage District. It was mentioned that Art Storey with the Harris County Flood Control District should also be contacted. Resolution No. R90-9 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff that Resolution No. R90-9 be passed and approved on the first and only reading. Said Resolution No. R90-9 reads in caption as follows: RESOLUTION NO. R90-9 A RESOLUTION BY THE CITY OF PEARLAND ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO EXCAVATE IN THE CITY OF PEARLAND RIGHT-OF-WAY ON CLEAR CREEK AT COUNTRY CLUB DRIVE AND AGREEING TO HOLD THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 HARMLESS FROM ANY RESPONSIBILITY. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. AWARD OF PROPOSAL FOR INDEPENDENT AUDIT SERVICES FOR CITY OF PEARLAND q Councilmember Wolff read the following letter into the records: 1115 April 6, 1990 Honorable Mayor and City Council Pearland, Texas 77581 Gentlemen: The City of Pearland mailed ten requests for proposals to area CPA firms, eight Pearland and two Houston. The City Council appointed an audit committee to review these proposals. Interviews scheduled by phone and confirmed in writing with the responding firms: Snyder, MacAllister and Company, Blomstrom and Company, and Earl Lairson and Company. One hour interviews were held with each applicant on Tuesday, April 3, 1990. Each firm interviewed was asked twenty-two questions relating to our City's audit. (Questions attached.) The Audit Committee interviews related to estimated fees, estimated time for conduct of the audit, experience of the auditing firms, and experience of personnel assigned to each portion of our audit. Outstanding committee goals were to maintain the City's Certificate of Conformance, to monitor time required for various phases of the audit, and to review the audit report and management letter prior to its submission to the City Council. After the interviews each committee member was given one day to independently evaluate and rate what was revealed to them by the firms interviewed. The Committee reconvened on April 5, 1990 to form a consensus about the firm best qualified to do our audit. The Committee unanimously and independently ranked their choices as follows: 1. Earl Lairson and Company 2. Blomstrom and Company r-- 3. Snyder, MacAllister and Company The firms interviewed quoted the following costs for performing our 1989-90 Audit: Lairson & Company Blomstrom & Company Snyder, MacAllister & Co. AUDIT CAFR $13,000 $4,000 17,950 2,000 15,100 plus actual out of pocket costs Based on the Audit Committee's analysis relating to professional ability and price, we feel that Earl Lairson and Company should be awarded the City's audit contract. No judgment was rendered by the Committee on political expediency in regard to the selection or rejection of any firm. Respectfully submitted, Audit Committee: /s/ William E. Wolff /s/ James O. DeShazer /s/ Janet S. Eastburn It was moved__by Councilmember Wolff, seconded by Councilmember Bost, that the Audit for 1989-90 be awarded to Earl Lairson & Company, for a total cost of $17,000. 136 Motion passed 5 to 0. MEETING RECESSED AT 8:38 P. M. MEETING RECONVENED AT 8:49 P. M. NEW BUSINESS CALL OF A PUBLIC HEARING ON RDQUFST BY ENTER FOR A RATE INCREASE Mayor Reid advised that a Public Hearing will be held on the request by Entex for a rate increase on April 23, 1990, at the Regular Council Meeting, under Docketed Public Hearings on the Agenda. AWARD OF THE FOLLOWING BIDS: BID NO. B90-61 FLX L SIZE SEDAN Council reviewed the following bids: VENDOR MAKE PRICE 1991 LES MARKS CHEVROLET CHEV CAPRICE $14,325.41 1990 FORD A. C. COLLINS FORD CROWN VICTORIA $16,000.00 1991 RON CARTER CHEVROLET CHEV CAPRICE $14,503.84 KNAPP CHEVROLET NO BID ALTERNATE A 1991 LES MARKS CHEVROLET CHEV CAPRICE $14,624.34 1990 FORD A. C. COLLINS FORD CROWN VICTORIA $16,000.00 1991 RON CARTER CHEVROLET CHEV CAPRICE $14,503.84 1990 KNAPP CHEVROLET CHEV CAPRICE $11,934.00 BID NO. B90-71 MID-SIZE PASSENGER VAN Council reviewed the following bids: DELIVERY DATE 90-120 DAYS 7 DAYS APPROX. 8 WEEKS AVAILABLE TODAY 7 DAYS APPROX. 8 WEEKS 5 DAYS VENDOR MAKE PRICE DELIVERY DATE 1990 LES MARKS CHEVROLET CHEV ASTRO VAN $15,071.92 90-120 DAYS 1990 A. C. COLLINS FORD FORD AEROSTAR XLT $15,700.00 7 DAYS 1990 CHEV ASTRO RON CARTER CHEVROLET CL PASSENGER VAN $16,119.49 APPROX. 8 WEEKS 1990 CHEV KNAPP CHEVROLET ASTRO VAN $14,583.00 90 DAYS 137 ALTERNATE A 1990 CHEV LES MARKS CHEVROLET LUMINA APV $14,295.79 AVAILABLE TODAY 1990 FORD A C. COLLINS FORD - AEROSTAR XLT $15,700.00 7 DAYS 1990 CHEV ASTRO RON CARTER CHEVROLET CL PASSENGER VAN $16,119.49 APPROX. 8 WEEKS KNAPP CHEVROLET 1990 ASTRO VAN $15,397.00 7 DAYS MEETING RECESSED AT 9:02 P.M. for Council to discuss the bids with City Staff. MEETING RECONVENED AT 9:10 P. M. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Bid No. B90-6 be awarded to Les Marks Chevrolet for two 1991 Chevrolet Caprice sedans, available today at $14,624.34 each, and that one of these cars be used by the City Manager in the performance of his duties, in lieu of a car allowance, and the other be made available to other members of the Senior Staff here at the City Hall and joint use by the City Council during City business. Councilmember Bost requested that the motion be split into two, one for each vehicle. Maker of motion and seconder agreed. (a) Vote on motion for purchase of one vehicle for use by the Senior Staff and the City Council during City business: Motion passed 4 to 0. Councilmember Smith abstained. (b) Vote on motion for purchase of one vehicle for use by the City Manager, in lieu of a car allowance: Motion passed 4 to 1. Councilmember Bost voted against. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the vehicles purchased under B90-6 will be paid for with the budgeted $12,000.00 and the balance be taken from the Council Contingency Fund. Motion passed 4 to 0. Councilmember Bost abstained. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that all bids under B90-7 be rejected. Motion passed 5 to 0. ORDINANCE NO. 528-2, ORDINANCE RIMING ANIMAL CONTROL ORDINANCE, CREATING NEW SECTION NAMED PROHIBITED BREEDS, AND PROVIDING FOR, A PENALTY FOR VIOLATION THEREOF. Ordinance No. 528-2 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 528-2 be passed and approved on the first of two readings. Said Ordinance No. 528-2 reads in caption as follows: ORDINANCE NO. 528-2 AN ORDINANCE AMENDING CHAPTER SIX (6), ANIMALS AND FOWLS, BY AMENDING SECTION 6-2 DEFINITIONS AND CREATING SECTION 6-77 NAMED PROHIBITED BREEDS, PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Wolff Voting "No" - Councilmembers Bost, Smith, Tetens and Miller. Motion failed 4 to 1. 138 ORDINANCE NO. 528-3, ORDINANCE AMENDING CERTAIN SECTIONS OF THE ANIMAL CONTROL. ORDINANCE; CREATING A NEW SECTION NAMED FENCING; AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF Ordinance No. 528-3 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Ordinance No. 528-3 be passed and approved on the first of two readings with the following corrections made: on page 6, Sec. 6-46. Decision to destroy, second to last line, change the word "removed" to "relocated"; and change the word "will" to "shall". Said Ordinance No. 528-3 reads in caption as follows: ORDINANCE NO. 528-3 AN ORDINANCE AMENDING CHAPTER SIX (6), ANIMALS AND FOWLS, BY AMENDING SECTION 6-2, DEFINITIONS; SECTION 6-6, TATTOOS; SECTION 6-33 RABIES CONTROL; SECTION 6-44 SAME - DUTIES, POWERS; SECTION 6-46, DECISION TO DESTROY; SECTION 6-47 VICIOUS ANIMAL AT LARGE - PENALTY; AND SECTION 6-76, MINIMUM DISTANCE REQUIREMENTS FROM HUMAN HABITATION; CREATING SECTION 6-77, FENCING; PROVIDING A PENALTY FOR VIOLATIONS; A SAVINGS CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None Motion passed 5 to 0. AUTHORIZATION FOR REMOVAL OF STOP SIGNS AT INTERSECTION OF WNt T!' STREET AND MCLEAN ROAD. City Manager Jim DeShazer explained that with the activation of the traffic light at the intersection of McLean and F. M. 518, another traffic hazard was created -- because of the four-way stop signs at the intersection of Walnut and McLean. City Manager DeShazer recommended that Council authorize the removal of the stop signs, north and south on McLean, leaving the stop signs on Walnut Street. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council authorize the City Attorney to prepare the necessary Resolution for the removal of the stop signs, north and south, on McLean Road at the Walnut street intersection. Motion passed 5 to 0. Mayor Reid .advised that there will be a Council Workshop following the Public Hearings on Monday, April 16, 1990. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:45 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read from the posted agenda the topics to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 11:10 P.M. - NO ACTION TAKEN Mayor Reid read the following items which were discussed in Executive Session: (Official tape of Executive Session retained in official files of the City located in the City Secretary's Office.) UNDER SUBSECTION (e) LEGAL - City Attorney discussed pending litigations with the City Council. UNDER SUBSECTION (f) - Council had a discussion concerning potential purchase of real property. The meeting adjourned at 11:11 P. M. Minutes approved as submitted and/or corrected this day of A. D. 1990. Mayor ATTEST: City S retary