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1987-09-28 CITY COUNCIL REGULAR MEETING MINUTES174 MIHTl'E5 OF A MMLAR. MEETIF G OF TFE CITY COERCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 28, 1987, AT 7:30 P.M. IN TBE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Councilmember City Manager Assistant City Manager City Attorney Police Chief Public Works Director City Secretary James Bost Dennis Frauenberger Ronald J. Wicker Donald Birkner Luke L. Daniel Bob Riemenschneider Bill Thomasset Kay Krouse Absent from the Meeting: Councilmembers Charles Mack and Stella Roberts INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember Richard Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of September 14, 1987 be approved as presented. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid informed that several months ago a group of people met to discuss the possibility of bringing together all the service organizations which could serve the Pearland area. He then called on Fran Coppinger, the newly elected president of the group, to give a report of the recent activities concerning the establishment of a Multi -Service Center in the City of Pearland. In her report, Mrs. Coppinger advised the group was seeking to establish a facility capable of providing a location for the delivery of health and human services not presently available to our citizens. She stated the group of volunteers present tonight were requesting Council consideration of using the old City Hall as a facility for the Multi -Service Center and would like to suggest a three-year lease with their organization assuming the responsibility for the insurance and maintenance. Theta Cessac discussed reasons for the need for the center in our area which included problems of drug abuse, family violence, illiteracy, truancy and teenage pregnancy. Lucy Stevener reported on a survey they had conducted which identified agencies interested in expanding their services in the Pearland area; those being the Adult Reading Center, American Cancer Society, Bay Area Council on Drugs and Alcohol and other United Way agencies. Reverend Michael Baker spoke about his feeling that there are people in the area who have a need for this type center and there are people available to meet these needs and that a Multi -Service Center would being these groups together. As requested by Mayor Reid, Mrs. Coppinger introduced all of the volunteer members in the audience. Mayor Reid read a letter written to him by David R. Bean, Assistant Director, Governmental Accounting Programs, notifying him that the City of Pearland in their comprehensive annual financial report for the fiscal year ended September 30, 1987 175 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. Mayor Reid presented to Janet Eastburn, City Treasurer, a certificate of Award of Financial Reporting Achievement along with a plaque for the City of Pearland. 6AJi "11W1T" %1A1aW:4:� Councilmember Tetens presented to the Mayor a Certificate of Appreciation for the City of Pearland from the Special Olympics Group who held a T -Ball tournament on Saturday. Councilmember Tetens, as Mayor Pro Tem, had presented a Proclamation in honor of their activities. City Manager Ron Wicker reported he would like to acknowledge to the public the fine work and cooperation the City has been receiving from several county agencies. Commissioner Billy Joe Plaster's people have recently done a lot of work in the Pearland area, in paving work on Veterans Drive, on C.R. 127 and around the Clover airport. Also, the Brazoria County Drainage District No. 4 is saving the City and the citizens a great deal of money in doing a lot of the outfall drainage work necessary for the F.M. 518 widening. They have just about completed the largest project near Joe's Barbecue. City Attorney Luke Daniel reported a draft of a Vehicles for Hire ordinance, which is a new ordinance, had been completed and ready for review by department heads and hopefully will be on the agenda at the next Council meeting. 1. Mr. David Miller, Pearland Properties. Mr. Miller presented to Council his proposed plan for a tax abatement program for use as an incentive for obtaining more businesses in Pearland. 2. Mr. David Wiederholt, representing residents on Dee Road. Mr. Weiderholt presented Council with pictures showing the condition of Dee Road and a petition, signed by all property owners along the road, requesting Council consideration of resurfacing Dee Road. 11 WD la 1 1 Z I W a :33.) 1 I5 ,_ 1987 STREET IRERABIr.TTMCN PRAM, PHASE III City Manager Ron Wicker and Public Works Director presented the following recommendation to Council: With the award of the John Lizer project, $22,104.05 remains from the $295,000.00 (general fund $250,000.00 and county funds $45,000.00) allocated for the 1987 Street Rehabilitation Program. The John Lizer project includes the paving of John Lizer from the bridge to Liberty Drive, which work is not recommended or needed at this time. The cost of this work is $13,908.00, which with the remaining funds described above, makes $36,012.85 available for Phase III. C & S Asphalt Sealing Company, Inc., has agreed to do the additional work by change order to their John Lizer contract. Unit prices bid on the John Lizer project are applicable to the proposed Phase III projects, with the exception of grading and sloping which the contractor has agreed to do for $200.00/station instead of the bid price of $344.88/station. The following projects, work similar to that done on Old Alvin Road, are recommended for Phase III: Dee (875 LF) $10,722 McDonald from Dixie Fanm to Longwood 15,995 (24 hour vehicle count 957 (1,170 LF) San Antonio from Pear to Walnut (635 LF) 8,030 176 Shank (first 300 LF only) 3,955 (some additional base work may be necessary) Total: 38,702 Funds required in excess of the $36,012.85 now available can be taken from the 1987- 88 budget. It is requested that City Council approval be obtained of the proposed Phase III projects, and that Council authorize the Staff to prepare and execute the necessary change order. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the City Staff be authorized to request the necessary change order on the John Lizer Contract to include the Phase III street paving for Dee Road, McDonald, San Antonio and Shank Road as previously recommended. _ Motion passed 3 to 0. AWARD OF BID NO. B87-13, CLEANIM, SURFACE PREPARATION AND PARMNG THE IlV7'ERIOR AMID EXTERIOR OF A 0.5 MG WELDED STEEL SURFACE MOUNTED WATER STORAGE TANK (LOCATED AT WOUDCREEK) Council reviewed the following bid: RELIABLE PAINTING $20,227.00 20 DAYS CASHIER'S CHECK CONTRACTORS, INC. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Bid No. B87-13, be awarded to Reliable Painting Contractors, Inc., in the amount of $20,227.00. Motion passed 3 to 0. REVIEW OF PROPOSALS RECEIVED AND DESIGNATION OF OFFICIAL NEWSPAPER The City received only one proposal. Mayor Reid read into the records the following proposal from the Pearland Journal: September 28, 1987 City of Pearland P. 0. Box 2068 Pearland, Texas 77588 Dear Mrs. Krouse: The Pearland Journal submits a bid to serve as the official newspaper of the City of Pearland by publishing legal notices at the rate of ten (10) cents per word. The term of the bid is for the period beginning October 1, 1987 and ending September 30, 1988. Our publications come out each Wednesday and Friday in Pearland and Friendswood; and Wednesday in Alvin. The Pearland Journal is a twice weekly newspaper with paid circulation of 4100 and is distributed primarily by the U. S. Mail with full second class mailing permits. Legal deadlines are noon Monday for the Wednesday edition and noon Wednesday for the Friday edition. Thank you for the opportunity to submit this bid. We will strive to continue 177 providing a quality newspaper for the city. Thank you. /s/ Nancie J. Brockway Publisher It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council accept the proposal of the Pearland Journal as the official newspaper of the City of Pearland and that the Mayor be authorized to execute the contract between the City and the Pearland Journal. Motion passed 3 to 0. 1j4D%`$JP 11111111111 1111 Ilo 'N .1 111 • O►/DW *'COWU 0.1DOVIDON191 I us 1i D161i k4w YD!1 I '•'DI' Resolution No. R87-22 read in its entirety by Councilmember Frauenberger. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Resolution No. R87-22 be passed and approved on the first and only reading. Said Resolution No. R87-22 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL Voting "Aye" - Councilmembers Frauenberger, Tetens and Bost. Voting "No" - None. Motion passed 3 to 0. EXCUSED ABSE N E Fri COUP4CILMEMBER CHARLES MACK FROM RE1GULAR MEETING OF SEPTEMBER 28, 1987 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Councilmember Charles Mack be excused from the regular meeting of September 28, 1987. Motion passed 3 to 0. EXCUSED ABSENCE FOR COUNCILMEMM STELLA.ROBERTS 'R• REGULAR MEETIMOF SEPTEMBER BE 28, •: It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Councilmember Stella Roberts be excused from the regular meeting of September 28, 1987. Motion passed 3 to 0. COUNCIL AUTHORIZATION FOR CITY STAFF TO PREPARE NECESSARY GRANT APPLICATIONS FOR AIRPORT FEASIBILITY STUDY Council discussed the possibility of the City participating in a grant application, utilizing F.A.A. funds and joining with F.A.A., to decide the feasibility of the City looking at the Clover Field Airport as a possible enhancement to the community. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that action on this item be tabled. Motion passed 3 to 0. CHANGE ORDER NUMBER TWO, LOSCO, INC., FOR CREDIT ON ALLOWANCES ON NEW CITY HALL PROTECT IN THE AM(XW OF $5,419.27 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Change Order Number Two, LOSCO, Inc., for credit on allowance on new City Hall project in the amount of $5,419.27 be approved and the money placed back into the appropriate funds. 178 Motion passed 3 to 0. (a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 412950, Gifford -Hill & Co., Inc., for materials for F. M. 518 Drainage Outfall Project (Westminister) in the amount of $13,131.78 be approved and payment made from the appropriate funds. Motion passed 3 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 5, Gehring Construction Co., Inc., for sanitary landfill pit excavation and lining in the amount of $6,314.22 be approved and payment made from the appropriate funds. In response to Council question, Public Works Director Bill Thomasset informed that the landfill pit is complete and we are preparing to submit the laboratory results. Once that is done we will await approval from Austin. Motion passed 3 to 0. (c) City Attorney Luke Daniel advised he had received notification some time back that Western Steel had not been paid on the City Hall project. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application for Payment for retainage to LOSCO, Inc., for construction of new City Hall, in the amount of $91,513.73, be approved subject to verification that Western Steel had been paid, and payment to be made from the appropriate funds. Motion passed 3 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Invoice No. 36664, Industrial International, Inc., for materials for F.M. 518 water line from Woodcreek to Regal Oaks, in the amount of $5,759.86 be approved and payment made from the appropriate funds. Motion passed 3 to 0. (e) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 3 and Final, C & S Asphalt Sealing Co., Inc., 1987 Street Maintenance Program, Old Alvin Road portion, in the amount of $11,481.48 be approved and payment made from the appropriate funds. Motion passed 3 to 0. (f) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 1, Mercer Construction Co., for construction of outfall improvements for F.M. 518, in the amount of $39,049.20 be approved and payment made from the appropriate funds. Motion passed 3 to 0. ENCUMBRANCE OF D FROM REAND DRAINAGE ACC• NO. 5304 FROM 1986-87BUDGET • 1987-88 BUDGET City Manager Ron Wicker explained that in order to complete payment for all the street maintenance work done under the current contract, we are requesting the $113,185.23 remaining in the Street and Drainage Account No. 5304 from the 1986-87 budget be encumbered and adjusted to the 1987-88 budget account. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that $113,185.23 remaining in the Street and Drainage Account No. 5304 for the 1986-87 budget be encumbered and adjusted to the 1987-88 budget account to continue financing the 1987 Street Rehabilitation Program. Motion passed 3 to 0. DIRKM, ON TO CITY ATTORNEY COQ FORD V. PEARIAND WRECKER ET AL JUDGMENT Mayor Reid advised this item would be passed until after Executive Session. 179 ADOPTION OF POLICY CHANGE FOR THE COMMUNITY CENTER, CHANGING CLEANING DEPOSIT AND ADDING A DAMAGE DEPOSIT Assistant City Manager Don Birkner advised that the Parks and Recreation Advisory Board recommends Council adoption of the policy changes which were made to alleviate the problems we have experienced. A general discussion followed between Council and Staff concerning the policy changes for the Community Center. Councilmember Tetens expressed concerns about item no. 2, cost for cleanup for non-alcoholic events versus alcoholic events; item no. 3, fee and deposits must be paid in cash, no checks; and item no. 5, number of licensed security guards on duty at alcoholic events. Other Council concern was in item no. 12, whether birdseed could be used at wedding events on the outside of the Community Center. It was moved by Councilmember Bost that the policy changes be approved as presented. Motion failed for lack of second. It was moved by Councilmember Bost that the policy changes be approved as presented with the exception that in item no. 12, birdseed be deleted. Motion failed for lack of second. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the policy as presented for the Community Center be approved with the exception that in item no. 12, delete birdseed and in item no. 3, fees and deposits must be paid by cashier's check. Motion passed 2 to 1. Councilmember Tetens voted against. • la1' :+ P - l a. MEETING RECESSED TO EXECUTIVE SESSION AT 9:32 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. Mayor Reid signed a certification to the effect and read the following items that were discussed in Executive Session: UNDER SUBSECTION (e) LEGAL - The City Attorney discussed Contemplated and Pending Litigation - (1) State of Texas and City of Pearland v. B. M. Jamison et ux and advised Council on (2) Ford v. Pearland Wrecker which will be an action item that needs to be addressed. UNDER SUBSECTION (g) PERSONNEL - Council discussed candidates to the five -member Board of Directors of the Brazoria County Appraisal District. One of our previous members, Toby Lytle, who has completed his two-year term has requested not to be returned to the Board. He did represent the Pearland Independent School District and the City of Pearland as a joint representative. We discussed this as an item of recommendation for a future member. NEW BUSDE SS ( Continued ) Mayor Reid informed that based on the review Council received, he would recommend that this item be moved to a future agenda for consideration. Council concurred. F."—§ Z%i J ;+►l Meeting adjourned at 9:48 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1987. Mayor ATTEST: 01 City Se tary