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1986-04-28 CITY COUNCIL REGULAR MEETING MINUTES243 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,-TEXAS, HELD ON APRIL 28, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Stella Roberts Councilmember Richard Tetens Councilmember Charles Mack City Manager Ronald J. Wicker City Attorney Luke L. Daniel Assistant City Secretary Tommie Jean Vial Absent from the Meeting: Councilmember James Bost INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Frauenberger. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the Minutes of the Regular Meeting of April 14, 1986, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid reported that the portion of Highway 288, within Brazoria County, has now been renamed "Brazoria Parkway" by the State Department of Highways and Public Trans- portation. He stated that the highway department will allow such a change if a sufficient number of entities in Brazoria County make a request so that there would be a regional affiliation of the County while traveling on 288. COUNCIL ACTIVITY REPORTS Councilmember Roberts reported on Clean Pearland's successful opening last Saturday of the permanent location of the Recycle Center on Old Alvin Road. She also stated that the committee is working diligently on getting the application for the Governor's Community Achievement Award ready and in the mail by Wednesday. Winning this award could greatly benefit our Community. Councilmember Frauenberger reported the Pearland Industrial Development Corporation met last Tuesday and will meet tomorrow night. There should be an inducement resolution on the agenda for May 12 for consideration and ratification. Council - member Frauenberger stated he will get a letter to us prior to that time. City Manager Wicker reported on the progress of our new Public Safety Facility. It now appears it will not be ready until May 16 due to a slight delay in the electrical system. Everything else is coming along nicely and the contractor should be able to turn the building over to us at that time. MAYOR'S ACTIVITY REPORT (Continued) Mayor Reid reported on a program being administered by the EPA to protect underground drinking water supplies from leaking underground tanks that store petroleum products and other hazardous substances. The Texas Water Commission will be responsible for locat-.ng underground storage tanks and to develop procedures to stop, prevent and clean up leaks. Local governments which use such tanks must so notify the Commission by May 8, 1986. Failure to do so or to submit false information will subject owners to a fine of as much as $10,000. Mayor Reid inquired of the Journal representative present as to the possibility of having a notice published in the paper to so advise 244 the public. CITIZENS Frances Fisher, 2408 Frances Street, appeared before the City Council requesting a workshop with Council be called to further discuss the Pearland Emergency Medical Services. CHANGE IN ORDER OF BUSINESS NEW BUSINESS CALLING OF A WORKSHOP TO DISCUSS CERTAIN VIEWPOINTS CONCERNING PRARTAND EMERGENCY MEDICAL SERVICES Mayor Reid pointed out that we have a contract with Pearland EMS to provide emergency medical services and that Dr. David Prentice is the Pearland Medical Director. The EMS is, therefore, basically a private organization, and Council, in the past, has made it a point not to involve its.elf in disagreements within private organizations. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, to not meet with the group of three in a workshop. Motion passed 4 to 0. Mayor Reid advised Ms. Fisher that if she had any new information Council has not been apprised of pertaining to this subject, she would be granted longer than the customary five minutes to appear before Council to express.herself. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARING PURPOSE OF HEARING: TO CONSIDER REQUEST BY ENTEX FOR A RATE INCREASE NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 4 PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: 1. Mr. Roy Baker of Entex Gas stated that a Statement of Intent to change the natural gas rates in Pearland was filed with the City on March 27, 1986. This change will amount to $0.50 per month per bill increase or a 1.6% increase on an average residential bill. This rate adjustment is to cover only the actual increase in operating expenses, excluding gas cost and related taxes, experienced in 1985. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: None QUESTION AND ANSWER PERIOD Several questions were posed to Mr. Baker by Councilmembers and the City Manager. ADJOURN COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY NEW BUSINESS (Continued) COUNCIL DECISION ON REQUEST FOR RATE INCREASE BY ENTEX AND POSSIBLE ORDINANCE OR RESOLUTION PURSUANT THERETO City Attorney Luke Daniel advised Council of the three options in this rate increase which would be: 1) to approve the rate increase; 2) pass a resolution to suspend the rates for 90 days; or 3) pass an ordinance to deny the rate increase. It was moved by Councilmember Frauenberger, seconded .by Councilmember Roberts, that the Council take no action in opposition to the proposed rate increase by Entex. Motion passed 4 to 0. 245 RATIFICATION OF CITY MANAGER'S APPOINTMENT OF PAT VAUGHT AS AN ASSISTANT CITY SECRETARY City Manager Wicker advised Council that due to the retirement of Dorothy Thompson, the City needed more than two assistant city secretaries and was recommending Pat Vaught to that position. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council ratify the appointment of Pat Vaught as an Assistant City Secretary. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Ms. Vaught. AWARD OF BID NO. B86-12, CONSTRUCTION OF CITY HALL FOR THE CITY OF PEARLAND Council reviewed the following bids: 949 Mr. Bill Miller of Dansby & Miller, Architects on the new City Hall, was present and advised Council as to the qualifications of the low bidder, Losco, Inc. He stated he has checked this company and finds no problems with them or the superintendent Losco has assigned for this project. Mr. Miller further stated he believes they also have a fairly decent set of subcontractors and, therefore, recommends Losco, Inc. as the general contractor for the project. City Manager Wicker advised Council that we had some six different alternates to the bid that various contractors submitted. These range from additional cost or deductions for items we wish to leave out or go to alternate type of equipment. Based on the bid submitted by Losco, Inc., Alternate #1 is for the addition of vinyl wallcovering on all rather than some of the walls in the various offices. Since we are getting close to our budget, he advised, we might not want to add Alternate #1. Alternate #2A, B, C, D, & E pertains to the air conditioning equipment and at the present time, the low bid submitted did not include any deductions for that item. City Manager Wicker further advised that Alternate #3 is $3,000.00 for sidewalks that would be in front of the building and would connect with a circular walk in the center. This could be added later on, he explained, and, therefore, recommended that the $3,000 be deducted from the $1,906,000. Alternate #4 is a deduction of $23,000 for 20 to 30 parking spaces in the rear and north side of the building which we feel should be left on. Alternate #5 would be the addition of a 250 k.w. generator for emergency purposes; however, due to the lack of funds, City Manager Wicker stated, we are not recommending this alternate be added at this time but could be added later under a Change Order. It was pointed out in discussion that the new Public Safety Facility would be better equipped for emergency purposes. Alternate #6 was the added cost to finish out the third floor area which was not to be used at the initial opening of City Hall. We anticipated this was going to be considerably more than the proposed estimate of $19,000. Waiting could escalate greatly the initial cost. If finished now as one large room, it could be utilized as meeting space, etc. Therefore, it is recommended we add the $19,000. In summary, the base bid of $1,906,000, subtracting $3,000 (Alternate #3) and adding $19,000 (Alternate #6) would total out to $1,922,000. .__. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the bid for construction of the Pearland City Hall be awarded to Losco, Inc., in the amount of $1,922,000 which includes the addition of Alternate #6 and the deduction of Alternate #3 with payment to be made from the appropriate bond fund. Motion passed 4 to 0. Mayor Reid introduced to the audience Joe Lossen, President of Losco, Inc., Jim Anslow, Vice President of Sales, and Keith Lossen. Groundbreaking ceremonies for the new facility have tentatively been scheduled for May 17, 1986, at 10:00 A.M. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS a) Remove from Table - Award of Bid No. B86-6, Cleaning, Surface Preparation and Painting the Interior and Exterior of a 0.5 mg Welded Steel Surface Mounted Water Storage Tank It was moved by Councilmember Roberts, seconded by Councilmember Tetens, to remove from table Bid No. B86-6. Motion passed 4 to 0. b) Award of Bid No. B86-6, Cleaning, Surface Preparation and Painting the Interior and Exterior of a 0.5 mg Welded Steel Surface Mounted Water Storage Tank Council reviewed the following bid: 247 VENDOR LUMP SUM BID COMPLETION TIME BID BOND C & M PAINTING, INC. $25,980.00 30 DAYS CASHIER'S CHECK Director of Public Works Bill Thomasset advised Council he had checked on the references of C & M Painting, Inc. and received favorable reports from all and would, therefore, recommend award of this bid to this company. It was moved by Councilmember Roberts, seconded by Councilmember Frauenberger, to accept the bid of C & M Painting, Inc. for Bid No. B86-6 in the amount of $25,980.00 with.payment to be made from the appropriate fund. Motion passed 4 to 0. NEW BUSINESS (Continued) RESOLUTION NO. R86-17, RESOLUTION CHANGING THE SECOND REGULAR MEETING DATE IN MAY, 1986, DUE TO MEMORIAL DAY HOLIDAY Resolution No. R86-17 was read in full by Councilmember Mack. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Resolution No. R86-17 be passed on first and only reading, changing the regular meeting date which would have been held on the fourth Monday of May, 1986, to May 27, 1986, at 7:30 P.M. Said Resolution No. R86-17 reads in caption as follows: RESOLUTION NO. R86-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND REGULAR MEETING DATE IN MAY, 1986, DUE TO MEMORIAL DAY HOLIDAY. voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts.. voting "No" - None. Motion passed 4 to 0. AUTHORIZATION FOR CITY MANAGER TO ENLIST SERVICES OF AN ATTORNEY ON BEHALF OF CITY MANAGER AND CHIEF OF POLICE This item passed to Executive Session. APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR A THREE-YEAR TERM This item passed to Executive Session. EXCUSED ABSENCE FOR COUNCILMEMBER DENNIS FRAUENBERGER FROM REGULAR MEETING TO BE HELD ON MAY 12, 1986 Councilmember Frauenberger explained he would be absent from the regular meeting of May 12. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Councilmember Frauenberger be excused from the regular meeting of May 12,1986. Motion passed 3 to 0. Councilmember Frauenberger abstaining. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE NECESSARY ORDINANCE TO AMEND SECTION OF SUBDIVISION ORDINANCE PERTAINING TO THE TWO-YEAR MAINTENANCE BOND REQUIRE R U City Manager Ron Wicker advised Council that the Planning and Development Committee met last Thursday night. It was recommended at that meeting that the Subdivision Ordinance section pertaining to the two-year maintenance bond requirement be amended to require only 50% bond for a two-year period instead of 100% bond for same with the idea in mind that when we have a project fail, everything does not fail at the same time. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Council authorize the City Attorney to prepare the necessary ordinance to amend section of the Subdivision Ordinance pertaining to the two-year maintenance bond requiring only a 50% bond in lieu of the present 100% requirement. Motion passed 4 to 0. EMERGENCY APPROPRIATION FOR SEWER LINE REPAIRS ON STATE HIGHWAY 35 City Manager Wicker advised Council we were experiencing some sewer line cave-in on Highway 35 near the S&S Ice House. We have made one repair with City crews but there are other locations that may or may not be more involved than the last one. We do not need any emergency appropriations at the present but will likely be back to Council with an ultimate solution to the problem. Director of Public Works Bill Thomasset stated the line is flowing; we had made a '- second point repair today and possibly will have to make a third -point repair. We need to get the line cleared sufficiently so we can get a T.V. camera in to look at it. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice dated April 23, 1986, to Christopher Di Stefano & Associates, Inc. for Supervision on Construction of Public Safety Building, in the amount of $2,039.42 be approved and payment made from the appropriate fund. Motion passed 4 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Application for Payment No. 9, Lebco Constructors, for Construction of Public Safety Facility, in the amount of $145,672.60 be approved and payment made from the appropriate fund. Motion passed 4 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 7, G. R. Grier, Inc., for Expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station Project, in the amount of $284,874.94, be approved and payment be made from the appropriate fund. Motion passed 4 to 0. (d) After a short discussion regarding this invoice, the following motion was made: It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Estimate No. 6, G & C Utilities, Inc., for Work Completed on Drainage Improvements in Sherwood I & II, Westminister and Nottingham Subdivisions, in the amount of $42,083.98 be approved and this amount be paid out of the appropriate fund. Motion passed 4 to 0. A request by Councilmember Tetens, requiring that all clean up work be done especially around the Presbyterian Church property after the project is completed, was so noted. (e) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Invoice dated April 22, 1986, Walsh Engineering, Inc., for Engineering Services rendered for Survey, Design and Construction of Drainage Outfalls associated with F.M. 518 Widening Project; Intersection Improvements on Old Alvin Road and Walnut -Barry Rose Roads, in the amount of $7,856.33 be approved and this amount be paid from the appropriate fund. Motion passed 4 to 0. (f) After a short discussion regarding this invoice, the following motion was made: It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Change Order No. 4, G & C Utilities, Inc., for cost of sod for ditches and easements associated with Drainage Improvements in Sherwood I & II, Westminister, and Nottingham Subdivisions, in the amount of $11,613.28 be 249 approved and this amount be paid out of the appropriate fund. Motion passed 3 to 0. Councilmember Mack abstaining. MEETING RECESSED TO EXECUTIVE SESSION AT 9:05 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S., (2) Jeffrey and Barbara Anderson vs City of Pearland. - SUBSECTION (g) PERSONNEL - Appointment to Planning and Zoning Commission. RETURN TO OPEN SESSION AT 10:15 P.M. NEW BUSINESS (Continued) AUTHORIZATION FOR CITY MANAGER TO ENLIST SERVICES OF AN ATTORNEY ON BEHALF OF CITY MANAGER AND CHIEF OF POLICE City Manager Wicker advised Council that we have been in contact with D. Reed Walker, a Houston attorney specializing in Civil Service -type law and would like authorization to pursue legal assistance from him to represent Glenn Stanford, Chief of Police, and himself, City Manager Wicker, in the Henrietta Milstead lawsuit. It was pointed out by City Attorney Luke Daniel that Chief of Police Stanford and City Manager Wicker were being sued personally and professionally. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the City Manager be authorized to enlist the services of an attorney in the manner of D. Reed Walker on behalf of the City Manager and Chief of Police in the Milstead versus Pearland case. Motion passed 4 to 0. APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR A THREE-YEAR TERM Mayor Reid advised that the Personnel Committee had been in contact with Leroy Savoie who is currently the Chairman of the Planning and Zoning Commission and he has agreed to serve on this Board for another three-year term. It was moved by Councilmember Tetens, seconded by Councilmember Mack, that we appoint Leroy Savoie to another three-year term on the Planning and Zoning Commission effective May 1, 1986. Motion passed 4 to 0. OTHER BUSINESS RETAINING SERVICES OF DIANE VAN BELDEN OF AUSTIN FOR SPECIAL COUNSEL City Attorney Daniel requested Council's approval for City Manager Wicker and himself, jointly and severally, to enlist the services and retain Diane Van Helden in the threatened litigation by the E.E.O.C. City Attorney Daniel advised that Ms. Van Helden was chief counsel in the lawsuit involving the cities of Waco, Baytown and Killeen and the State of Texas, obtaining favorable jury verdicts against the E.E.O.C. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City Council authorize the retention of the services of Diane Van Helden of Austin for special counsel in the E.E.O.C. case. Motion passed 4 to 0. 1�9() The meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected this a/ day of A. D., 1986. - - Mayor ATTEST: L¢A,i City Seeretary