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1982-02-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 22, 1982, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman r— Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Al Lentz Carlton McComb Charles R. Mack Harry Farley Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man Farley. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on February 8, 1982 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid passed this item until a later time in the meeting. COUNCIL ACTIVITY REPORTS: Councilman Lentz, reporting for the Committee on the Industrial Waste Ordinance re- quested that Item 11 of the Agenda be passed until the next regularly scheduled meeting. DEPARTMENTAL REPORTS: Barry Smink, Director of Parks & Recreation, appeared before the City Council regarding funding for "The Clean Community System", asrequestedby the Park's Board. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: AUTHORIZATION TO EXPEND $1,000 TO JOIN "THE CLEAN COMMUNITY SYSTEM". It was moved by Councilman Gray, seconded by Councilman McComb that $1,000 be authorized to join "The Clean Community System", as recommended by the Park's Board, and that the budget be adjusted accordingly. r - Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS CITIZENS: Robert L. Robinson, Houston, Texas - Mr. Robinson appeared before the City Council with a request for the repairing of Robinson Drive past Lots l and 2, Block 1 of Clear Creek Addition, Section I. He advised that this street, at one time, was shelled and accepted by the County; however, it has now become overgrown with weeds. Mr. Robinson was advised to contact the City Manager for regular street maintenance or participation paving. William F. Garney and James A. Templin, Pearland Police Officers, presented a petition for the adoption of the Policemen's Civil Service Act. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: PETITIONS FILED BY WILLIAM F. GARNEY AND JAMES A. TEMPLIN: It was moved by Councilman Lentz, seconded by Councilman Mack that the petition be "J referred to the City Attorney for his legal evaluation and the City Secretary for certification. Motion passed 5 to 0. MEETING RECESSED 8:05 P. M. RECONVENED 8:10 P. M. REVIEW OF PROPOSALS RECEIVED FOR BASIC COVERAGE (GENERAL AND AUTOMOBILE LIABILITY INSURANCE) AND REVIEW OF PROPOSALS RECEIVED ON OPTIONAL COVERAGE AND POSSIBLE AWARD: Mr. James K. Jorgensen, representing the ABCO Insurance Agency, Inc., presented the following proposal: INSURANCE QUOTATION FOR THE CITY OF PEARLAND: (PROPOSAL) PART I. BASIC COVERAGE PACKAGE - Includes coverage of general and automobile liability and advertising injury. MAXIMUM LIMIT OF LIABILITY: (COVERAGE WOULD BE THE MAXIMUM PAYABLE FOR ANY ONE OCCURRENCE). UOTE 1. PLEASE QUOTE ON $1,000,000 WITH NO DEDUCTIBLE, $500.00 DEDUCTIBLE AND $1,000.00 DEDUCTIBLE: $32,350.00 $29,807.00. $29,068.00 QUOTE 2. PLEASE QUOTE ON $5,000,000 WITH NO DEDUCTIBLE, $500.00 DEDUCTIBLE AND $1,000.00 DEDUCTIBLE: $34,427.00 $31,884.00 $31,145.00 PART II. - OPTIONAL COVERAGE PACKAGE: Personal Injuries and Error and Omissions Liability. Optional coverage package providing Personal Injury and Errors and Omission protection is available, premium levels are determined by desired limit and scope of coverage to be provided for the city. QUOTE 3. MAXIMUM LIMIT OF LIABILITY $1,000,000 WITH $1,000.00 DEDUCTIBLE. $29,068.00 Premium quotations on all three items as outlined above are based solely upon the specifications provided by the city in their transmittal dated February 1, 1982. The above quotation is based solely on the city's specifications. ABCO Insurance Agency, Inc., it's officers and agents, do not warrant, approve or disapprove of the adequacy or inadequacy of the coverages or limits set forth by the city; as our premiums are for comparison purposes only. ABCO Insurance Agency, Inc. By /S/ James K. Jorgensen James K. Jorgensen, CIC,CPCU Senior Vice -President r-- 31 Mr. Jorgensen advised that his quotation was from the Continental Casualty Company. Mr. Tom P. Vick, representing the Texas Municipal League Risk and Insurance Management Services, presented the following proposal: LIABILITY PROPOSAL FOR THE CITY OF PEARLAND Texas Municipal League Municipal Liability Joint Self -Insurance Fund TOTAL NET PREMIUM - PART I and PART II One Million Limits of Liability --;Part I and II @ No Deductible @ $500 Deductible @ $1,000 Deductible Five Million Limits of Liability - Part I One Million Limits of Liability - Part II @ No Deductible @ $500 Deductible @ $1,000 Deductible $ 46,301 $ 42,138 $ 41,261 $ 59,160 $ 54,997 $ 54,120 Premium adjustable upon audit @ $379.85 Per Vehicle Plus $2.276 per $100 WC Payroll for one million limits or $398.85 Per Vehicle plus $3.152 per $100 WC Payroll for five million limits. Breakdown of proposals by Gary Jackson, Purchasing Agent for City, as follows: February 22, 1982 Listed below is a summary of the proposals from ABCO Insurance Agency and the Texas Municipal League (TML) for liability insurance coverage for the year: $1,000,000 limit of liability per occurrence (no deductible) ABCO TML Part I (General & Auto) $32,350.00 $39,079.00 Part II (Personal Injury & Errors & Omissions) + 29,068.00 + 7,2.22.00 Total $61,418.00 $46,301.00 Based upon the figures as shown.above, and the coverage provided, it is my recommendation that both Parts I and II of T.M.L.'s proposal be accepted by the City. Note: For a more detailed description of this information, please see the attachments enclosed herein: (A) Proposal from T.M.L. (B) Proposal from ABCO Insurance Agency (C) Description of T.M.L. coverage under Parts I and II of proposal (D) Comparison of Exclusions under Present Public Officials Liability Policy and Part II of T.M.L.'s proposal. After a discussion with both Mr. Jorgensen and Mr. Vick regarding various aspects of the proposal and review of the total of both proposals, the following motion was made: It was moved by Councilman Gray, seconded by Councilman McComb that we accept the bid of $46,301 for the Liability Insurance Coverage as presented by Texas Municipal League. Motion passed 5 to 0. RESOLUTION NO. R82-9, A RESOLUTION AUTHORIZING EXECUTION OF MUNICIPAL LIABILITY JOINT SELF-INSURANCE FUND: Resolution No. R82-9 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-9 be passed and approved on first and only reading. Said Resolution No. R82-9 reads in caption as follows: RESOLUTION NO. R82-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT BY AND BETWEEN THE CITY OF PEARLAND AND THE TEXAS MUNICIPAL LEAGUE MUNICIPAL LIABILITY JOINT SELF-INSURANCE FUND. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 5 to 0. REVIEW AND POSSIBLE AWARD OF THEFOLLOWINGBIDS: Bid No. B82-1, One 3/4 Ton 4 Wheel Drive Vehicle for Emergency Medical Services Dept.: The following bid was reviewed by the City Council: 1) BASE BID (Basic Suburban W/350 V-8 Engine) $16,175.00 2) TOTAL BID Including Alternate "A" (substitution of 6.2 Litre diesel engine for gaso- line engine) $18,175.00 3) TOTAL BID including Alternate "B" (conversion of suburban into an ambulance) $22,175.00 4) TOTAL BID including alternates "A" & "B" $24,175.00 City Manager Wicker reported that sufficient funds of $19,045.29 were available in the capital outlay section of the E.M.S. budget to award the base bid plus alternate "A". David Smith, Director of E.M.S., recommended the transfer of $5,000 from the Depart- ment's Insurance Account to cover the purchase of the base bid plus alternates "A" and "B". It was moved by Councilman Farley, seconded by Councilman Lentz that Bid No. B82-1 be awarded to the Summers Ambulance & Coach Sales and that they be awarded the total bid in the amount of $24,175.00, including alternates "A" and "B", and that sufficient funds be transferred from the EMS Insurance Account to cover the remainder, and the balance to come from the capital expenditures; and the budget be adjusted accordingly. Motion passed 5 to 0. Bid No. B82-2, Police Department Detective Vehicles: The following bids received on Bid No. B82-2 were reviewed by the City Council: Police Department Detective Vehicles QUANTITY UNIT COST VENDOR: MAKE: DELIVERY DATE: TERMS: A. C. Collins Ford 1982 Ford Fairmont 120 Days Net 10 Days ITEM NO. QUANTITY UNIT COST TOTAL 1 2 $ 7,599.00 $ 15,198.00 lA 2 7,745.92 15,491.84 2 3 7,599.00 22,797.00 2A 3 7,745.92 23,237.76 VENDOR: MAKE: DELIVERY DATE: TERMS: A. C. Collins Ford 1982 Ford Fairmont 120 Days 10 Days ITEM NO. QUANTITY UNIT COST TOTAL 1 2 $ 7,292.00 $ 14,584.00 lA 2 7,316.00 14,632.00 2 3 7,292.00 21,876.00 2A 3 7,316.00 21,948.00 VENDOR: River Oaks Chry-Ply.. Co. ITEM NO. 1 lA 2 2A 1982 Ply. Gran Fury QUANTITY 2 2 3 3 DELIVERY DATE: 100 Days $ 8,532.05 8,657.00 8,532.05 8,657.00 VENDOR: MAKE: DELIVERY DATE: Bud Brown Ford, Inc. 1982 Ford Fairmont Futura 8-10 Weeks ITEM NO. QUANTITY UNIT COST - 1 2 $ 7,600.00 lA 2 7,707.00 2 3 7,600.00 2A 3 7,707.00 TERMS: Payment on Del. TOTAL $ 17,064.10 17,314.00 25,596.15 25,971.00 TERMS: C. 0. D. TOTAL $ 15,200.00 15,414.00 22,800.00 23,121.00 Item No. 1: Two (2) Detective Vehicles Item No. lA: Two (2) Detective Vehicles (same as No. 1 above, but including options) Item No. 2: Three (3) Detective Vehicles Item No. 2A: Three (3) Detective Vehicles (same as No. 2 above, but including options) City Manager Wicker advised that none of the bids received on the vehicles meet all of the requested specifications; therefore, since bids have been requested on two separate occasions for these vehicles, and neither time has the City been in a position to award bids (due either to non-conformance to specifications and/or insufficient funds) he recommended that authorization be requested to negotiate with vendors for the purchase of these vehicles. One possible option would be to contact used car companies (i.e Hertz, Avis, etc.). City Manager Wicker also advised that the City of Houston estimated a savings of approximately $1,400.00 per unit on used cars that they purchased last year. It was moved by Councilman Lentz, seconded by Councilman Farley that we reject all bids and buy used vehicles as recommended by the City Manager. Motion passed 4 to 0. Councilman McComb absent from the room at this time. Bid No. B82-3, Materials for Lighting Barry Rose Softball Field: The following bids were reviewed by the City Council: VENDOR: Ballinger Associates ITEM NO. 1 2 VENDOR: Savard Electrical ITEM NO. 1 2 MAKE: Hubbel QUANTITY Lump Sum Bid Lump Sum Bid DELIVERY DATE *TERMS: Six Weeks 2% 10th Net 30 TOTAL $ 7,5 00.00 9,310.00 MAKE: DELIVERY DATE TERMS: Hubbe1 QUANTITY Lump Sum Bid Lump Sum Bid 45 Days -- Item No. 1: Fixtures for 20 foot candle (FC) infield & 15 FC outfield Item No. 2: Fixtures for 30 foot candle (FC) infield & 20 FC outfield *NOTE: 2% discount on Ballinger Associates' bid makes Item No. 1 - $7,350.00 Item No. 2 - $9,123.80 TOTAL $ 8,005.00 10,160.00 City Manager Wicker recommended that the bid be awarded to Ballinger Associates in the amount of $9,123.80. It was moved by Councilman Gray, seconded by Councilman Lentz that Bid No. B82-3 be awarded to Ballinger Associates in the amount of $9,123.80. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 437, AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS: Ordinance No. 437 read in caption by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 437 be passed and approved on second and final reading. Said Ordinance No. 437 reads in caption as follows: ORDINANCE NO. 437 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEAR - LAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEAR - LAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH IN- HABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman.Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R82-8, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH JOHN W. ABBOTT, TRUSTEE, RELATING TO THE EXTENSION OF WATER AND SEWER SERVICES: �— Resolution No. R82-8 read in full by Mayor Reid. It was moved by Councilman Mack, seconded by Councilman Farley that Resolution No. R82-2 be passed and approved on first and only reading. Said Resolution No. R82-2 reads in caption as follows: . RESOLUTION NO. R82-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND JOHN W. ABBOTT, TRUSTEE. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 438, AN ORDINANCE OF THE CITY COUNCIL ORDERING AN ELECTION TO BE HELD ON APRIL 3, T982, FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS: Ordinance No. 438 read in caption by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 438 be passed and approved on second and final reading. Said Ordinance No. 438 reads in caption as follows: ORDINANCE NO. 438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING AN ELECTION TO BE HELD ON THE 3RD OF APRIL, 1982, DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting- "No": None Motion passed 5 to 0. NEW BUSINESS: ( Continued) PROPOSAL BY EARL LAIR50N & COMPANY TO SERVE AS AUDITOR FOR THE FISCAL YEAR ENDING r-� SEPTEMBER 30, 1982: Mayor 'Reid read a proposal dated February 16, 1982 as follows: The Honorable Mayor and City Council City of Pearland Pearland, Texas 77581 We propose to examine the financial statements of the various funds of the City of Pear- led, Texas for the year ending September 30, 1982. Our examination will be made in accordance with generally accepted auditing standards and, accordingly, will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. In addition to our regular audit report, we will also set forth in a separate letter any recommendations and suggestions for the improvement of 15 .t internal control and accounting procedures which we feel appropriate based on our re- view of policies and procedures in connection with our work. We expect to be able to complete our work and deliver our report and letter of recommendations within six weeks from the date that your personnel make the accounting records available to us. Our fee for this service will not exceed $11,500 plus cash expenses. Our fee is based on our regular per diem rates and is based on your personnel preparing certain year-end closing schedules. We will keep you informed on the progress of our work and will in- form you immediately if any situation arises that would require a re-evaluation of our work or time schedule. We do not anticipate any such problems. We appreciate the opportunity to serve you. We assure you that this service will re- ceive our most careful and prompt attention. Please call us if we may answer any questions on this or related matters. Very truly yours, /s/ Earl C. Lairson Earl C. Lairson Partner It was moved by Councilman Gray, seconded by Councilman Lentz that the Mayor be authorized to execute this proposal for Earl Lairson & Company to serve as auditors for the City for the fiscal year ending September 30, 1982. Motion passed 4 to 0. Councilman McComb not present at this time. CHANGE ORDER NO. 1 - ANGLETON ASPHALT CORPORATION - OLD ALVIN ROAD/JOHN LIZER REALIGNMENT: City Manager Wicker advised that Change Order No. 1 was basically for some additional culvert pipe that was required by the State Highway Department, and he recommended approval so that payment could be made for this change. It was moved by Councilman Lentz, seconded by Councilman Gray that Change Order No. 1 in the amount of $4,075.00 (increase) on the contract with Angleton Asphalt Corporation, for the Old Alvin Road/John Lizer Realignment, be approved. Motion passed 4 to 0. Councilman McComb absent from the room at this time. CHANGE ORDER - LOSCO BUILDING SYSTEMS, INC. FOR ADDITIONAL 20' x 40' BAY ON EMS BUILDING: City Manager Wicker advised that, subsequent to the time the EMS Building was started, we were able to obtain a generator to provide emergency power for the EMS facility. Our problem has been finding adequate housing for this gs- nerator. Several options were explored, and the possibility of adding on one bay seemed to be the best solution so it could be used for both storage and for the generator. The Contractor quoted $12,268 for a 20' x 40' bay which could be handled as a Change Order to the contract. City manager Wicker recommended to the City Council that this Change Order be approved by the City Council. It was moved by Councilman Farley, seconded by Councilman McComb that the City approve the Change Order for Losco Building Systems, Inc. for the addition of a 20' x 40' bay to the EMS Building. Motion passed 5 to 0. FINAL ESTIMATE - BEN FELTS UTILITY CONTRACTING COMPANY - WOODY ROAD WATER LINE:. It was moved by Councilman Gray, seconded by Councilman Lentz that the Final Estimate in the amount of $9,512.39 be approved for Ben Felts Utility Contracting Company for the Woody Road Water Line. Motion passed 5 to 0. 57 RESOLUTION NO. R82-10, A RESOLUTION AMENDING RESOLUTION NO. R82-4, REGARDING THE NAME OF THE INDIVIDUAL TO SERVE AS PRESIDING'JUDGE'OF'THE CENTRAL'COUNTING STATION: Resolution.No. R82-10 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-10 be passed and approved on first and only reading. Said Resolution No. R82-10 reads in caption as follows: RESOLUTION NO. R82-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION R82-4 REGARDING THE NAME OF THE INDIVIDUAL TO SERVE AS PRESIDING JUDGE OF THE CENTRAL COUNT- ING STATION. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 439, AN ORDINANCE ADOPTING THE PROVISIONS OF THE STANDARD FIRE PREVENTION CODE: Ordinance No. 439 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 439 be passed and approved on first of two readings. Said Ordinance No. 439 reads in caption as follows: r-- ORDINANCE NO. 439 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING SPECIFIC SECTIONS THERETO, PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No"; None Motion passed 5 to 0. City Attorney Bobby Williams advised that he would make some changes in this Ordinance before the second and final reading.. OTHER BUSINESS: MEETING RECESSED AT 9:47P. M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (e) LEGAL AND SECTION II, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:50 P. M. i-- NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:50 P. M. Minutes approved as submitted and/or corrected,thiis_day of A. D., 1982. ATTEST: Mayor z�< 2ev7l, City Secretary