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1993-11-08 CITY COUNCIL REGULAR MEETING MINUTESw MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, HELD ON NOVEMBER 8, 1993, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember D. A. Miller Councilmember Benny Frank Councilmember Randy Weber Councilmember David Smith City Manager Paul Grohman City Attorney Dick Gregg, III City Secretary Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine and City Engineer John Hargrove. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Linda Almaguer. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Weber that the minutes of the regular meeting of October 25, 1993, be accepted as corrected with a correction being noted on page 143 of the minutes. The correction is in the third paragraph of Council Activity Reports and should read that Mayor Coppinger and Councilmember Weber will be attending TML rather than Mayor Coppinger and Councilmember Miller. Councilmember Smith stated he would second the motion, but he also had a correction and asked that page 151 of the minutes, paragraph thirteen, reflect those voting "aye" by name. Those voting aye were Councilmembers Smith and Weber. Motion passed 5 to 0 to approve the minutes of October 25, 1993, with the two corrections noted. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the special meeting of October 28, 1993, be approved with one correction. Councilmember Frank asked City Manager Grohman if he was correctly quoted in the sentence found at the bottom of page 157 and the top of page 158 of the minutes which reads in part "unnecessary interference with day to day operations by these same two Councilmembers." Mr. Grohman indicated he was correctly quoted. Motion passed 5 to 0 to approve the minutes of October 28, 1993, with it so noted that the quotation was correct. MAYOR'S ACTIVITY REPORT Mayor Coppinger asked City Manager Grohman to inform the audience that Councilmember Smith has recently obtained the rank of Certified Emergency Manager. Mr. Smith was commended for this award by Mr. Grohman and received a round of applause from the audience. Mayor Coppinger reported his attendance at the Chamber of Commerce Economic Development meeting and announced that Clover Field Airport is a high priority on the Chamber's agenda. 162 Mayor Coppinger stated that at the last meeting he reported he had initiated a call to the Governor's office to ask for assistance from the Texas Rangers. At that time, Mayor Coppinger informed, he had not visited with the Rangers. Since that time, Mayor Coppinger continued, he has talked to the head of the Ranger organization in Austin who referred him to a Captain Vickers in the local office. Captain Vickers informed that a Ranger was already working in the Pearland area and looking into our problems. Mayor Coppinger informed he was advised that the Rangers would report their findings to the District Attorney and stated it was recommended he visit with the District Attorney's office if he wanted to know their findings. Mr. Coppinger related that he had not gotten around to this consultation and noted that there was an article in the newspaper which said he maybe did not have the authority to make this call. Mayor Coppinger related that he had conferred with the Emergency Management Coordinator who suggested we do this, but Mayor Coppinger stated, maybe the City Attorney should have been consulted. Closing his remarks on this subject, Mayor Coppinger stated that he and Councilmember Smith may have stubbed their toes on this, but he had not further followed up on it. Mayor Coppinger reported at length on his and Councilmember Weber's attendance at the annual Texas Municipal League Conference, sharing the perspective of the seminar which was redesigning government, Mayor Coppinger said. Closing his report, Mayor Coppinger stated that the Keep Texas Beautiful organization was represented at TML and recognized his name because of Mrs. Coppinger's work with this group. They presented him with a t -shirt and Mayor Coppinger asked Delores Fenwick, Clean Pearland Executive Director, to come forward and accept the shirt for her long association with Clean Pearland. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Frank reported the next meeting with School Board representatives will be November 11. Councilmember Colson reported she met with the Centennial Commission Committee on October 28. The Committee is working on a Centennial Calendar and has a kick-off event planned for December, Mrs. Colson informed. Councilmember Weber commented on TML and urged Council to work on the proposed Charter changes. Mr. Weber reported on coming events he would be attending over the next few days. Councilmember Smith reminded everyone of the opening house at Rustic Lane Elementary School on November 11. Councilmember Frank stated Challenger Elementary would have its opening on Sunday. CITY MANAGER'S REPORT City Manager Grohman commented on submissions to H -GAC for road work and the State's beginning work on FM 518. Mr. Grohman reported a lot of time has been spent in trying to comply with the investigation and that he has given the investigator a large box of documents and estimated the cost of staff time to prepare them at about $4,000.00. It was noted that there was an agenda item to recognize Board members and Mayor Coppinger stated that he had asked the City Secretary to mail these certificates as no one was present to accept them. CITIZENS 1. Frances Jamison, FM 518. Mrs. Jamison signed to speak but declined. 2. Daphne Hereford, 2704 Yost. Ms. Hereford signed to speak but i3 declined. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 450-15, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-15 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 450-15 be passed and approved on its second and final reading. Said Ordinance No. 450-15 reads in caption as follows: ORDINANCE NO. 450-15 AN ORDINANCE AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Colson stated that before she voted, she would like to, once again, ask the City Attorney's advice on whether it is legally appropriate for her to vote on this item as her husband is a police officer for the City. City Attorney Gregg, III, stated he thought this was addressed last time and Mrs. Colson said it was but that she would like it stated again for the benefit of the audience. Mr. Gregg stated it was appropriate for Councilmember Colson to vote on this issue because its effect is across the board or for a class of officers. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 665, WAIVING ENCROACHMENT OF PORTABLE BUILDINGS ON SOUTH GRAND BLVD. Ordinance No. 665 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 665 be passed and approved on its second and final reading. Said Ordinance No. 665 reads in caption as follows: ORDINANCE NO. 665 AN ORDINANCE WAIVING THE ENCROACHMENT OF TWO CERTAIN PORTABLE BUILDINGS OWNED BY EAGLE NATION, INCORPORATED, EXTENDING INTO THE EASEMENT (ALLEY) LOCATED BEHIND THE MEDLIN OFFICE CENTER, 2404 SOUTH GRAND BOULEVARD IN THE CITY OF PEARLAND. Voting flAyell - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RE NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS: Councilmember Miller asked that Item No. 12, Resolution No. R93-45, which would call the special election, be moved to this part of the agenda at this time. Council gave its concurrence. RESOLUTION NO. R93-45, RESOLUTION AND ORDER FOR THE HOLDING OF A SPECIAL RECALL ELECTION Citizen Input: 1. Bobby Stevener, 1905 Sleepy Hollow. Mr. Stevener applauded putting this item on the agenda, stating it would be the beginning of healing of wounds for all concerned. 2. Barbara Bamburg, 2824 Country Club. Ms. Bamburg stated she would like to see this issue resolved as it has not been good for the City. 3. Jack Roberts, 2918 Green Tee. Mr. Roberts indicated he wished to yield his time to Mr. Wiginton. 4. Stella Roberts, 2918 Green Tee. Mrs. Roberts indicated she wished to yield her time to Mr. Wiginton. 5. James Birdsong, 2601 Woodcreek. Mr. Birdsong indicated he wished to yield his time to Mr. Wiginton. 6. Gail Birdsong, 2601 Woodcreek. Mrs. Birdsong indicated she wished to yield her time to Mr. Wiginton. 7. Jim Wiginton, 4 Palm Circle, Alvin. Mr. Wiginton stated he had filed a lawsuit on behalf of Betty Callaway and others regarding the calling of a recall election. Mr. Wiginton related the history of recall process over the last few months. His clients have had to defend themselves from a claim for money damages, Mr. Wiginton informed, and now have instructed him to go forward with the necessary actions to see that the recall election is held. Mr. Wiginton related this action had been taken on Friday afternoon in the 14th Court of Appeals. Mr. Wiginton stated this had been done at great time and expense of his clients. Referring to the agenda items regarding this issue, Mr. Wiginton urged the calling of an election and commended Council for doing what it is supposed to do according to the City Charter. 8. David Feldman, 12 Greenway Plaza, Ste. 1202, Houston. Mr. Feldman stated he represents Councilmembers Miller, Frank, and Colson. Mr. Feldman informed he and his clients believe the allegations set forth in the petitions are false and, for this reason, they have filed a defamation suit against persons who published and circulated the petitions. Mr. Feldman stated the recall process has been misused in this instance. Mr. Feldman explained the actions his clients had taken under his advice. Mr. Feldman addressed the issue of the Texas Rangers investigating the City's actions. Mr. Feldman stated the election process will go forward, but his clients intend to have the court look into the legal sufficiency of the petitions brought against them. Closing his remarks, Mr. Feldman stated his clients had a constitutional right to abstain from voting on their own individual recall but .� informed that he had advised them to vote on setting an election for each other. Resolution No. R93-45 was read in caption by Mayor Coppinger. Said Resolution No. R93-45 reads in caption as follows: 16b - RESOLUTION NO. R93-45 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL ELECTION ON THE DAY OF 1 lg FOR THE PURPOSE OF SUBMITTING THE QUESTION OF RECALL OF COUNCILMEMBERS D. A. MILLER, BENNY FRANK, AND JOY COLSON TO THE QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID SPECIAL ELECTION. Mayor Coppinger announced that he had been advised that December 11 is the earliest possible date to hold this election and urged its holding as soon as possible. City Attorney Dick Gregg, III, agreed this is the best possible date meeting all necessary requirements. Councilmember Miller announced that he and Councilmember Colson had asked that this item be put on the agenda and moved that the Special Election be set for Saturday, December 11. Councilmember Weber stated he would second the motion but advised that City Attorney Gregg, Jr., had contacted him and suggested that the item be voted as three separate motions which would allow the Councilmembers in question to abstain on the calling of their own election but give them the opportunity to vote on the other two actions for calling this election. Council discussed with Counsel the procedure to do this individually with all three motions falling under the provisions of Resolution No. R93-45. Councilmember Weber suggested that Councilmember Miller amend his motion and he would amend his second to the motion accordingly. It was moved by Councilmember Miller, seconded by Councilmember Weber, that Resolution No. R93-45 be approved on its first and only reading with the election date set for Saturday, December 11, 1993, for Councilmember Frank. Voting "Aye" - Councilmembers Miller, Colson, Weber, and Smith. Voting "No" - None. Abstaining - Councilmember Frank. Motion passed 4 to 0, with Councilmember Frank abstaining. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R93-45 be also applied to Councilmember Miller for the purpose of a recall election to be held on the 11th day of December, 1993. Voting "Aye" - Councilmembers Frank, Colson, Weber, and Smith. Voting "No" - None. Abstaining - Councilmember Miller. Motion passed 4 to 0, with Councilmember Miller abstaining. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R93-45 be applied with the name of Councilmember Colson for a recall election to be held on December 11, 1993, and that the Resolution be passed and approved as presented. Voting "Aye" - Councilmembers Miller, Frank, Weber, and Smith. Voting "No" - None. Abstaining - Councilmember Colson. Motion passed 4 to 0, with Councilmember Colson abstaining. There was question regarding New Business, Item No. 13, which also Met pertains to the calling of the election, and Mayor Coppinger announced it would be considered at this time. RESOLUTION NO. R93-46, APPOINTING PERSONS TO SERVE AT CENTRAL COUNTING STATION FOR SPECIAL ELECTION Resolution No. R93-46 was read in caption by Mayor Coppinger. Councilmember Weber inquired of Attorney Feldman whether he had any objection to his clients voting on this item in the usual manner or did he wish it to be handled as the previous item had been done. Mr. Feldman stated he had no objection to the usual procedure. It was moved by Councilmember Weber that Resolution No. R93-46 be passed and approved on its first and only reading with the election to be held on the 11th day of December, 1993. Councilmember Smith requested that the names of the people who will be serving at the Central Counting Station be read aloud. Councilmember Weber did so, reading from the body of the resolution. The motion was seconded by Councilmember Frank. Said Resolution No. R93-46 reads in caption as follows: RESOLUTION NO. R93-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL ELECTION TO BE HELD ON THE DAY OF , 19 Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. MEETING RECESSED AT 8:23 P. M. MEETING RECONVENED AT 8:47. P. M. NEW BUSINESS (CONTINUED) RESOLUTION NO. R93-39, CASTING VOTES FOR CANDIDATES FOR BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS Resolution No. R93-39 was read in caption by Mayor Coppinger. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Resolution No. R93-39 be passed and approved on its first and only reading with the City's 304 votes being cast for Dennis Frauenberger. Said Resolution No. R93-39 reads in caption as follows: RESOLUTION NO. R93-39 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. [Lem RESOLUTION NO. R93-40, RESOLUTION IN SUPPORT OF CLEAR CREEK COMMUNITY ALLIANCE REGARDING MEDICAL WASTE INCINERATOR LOCATED IN THE CITY'S EXTRA TERRITORIAL JURISDICTION Resolution No. R93-40 was read in caption by Mayor Coppinger. A group of citizens was present to ask the City's support of its opposition to this incinerator which operates near the citizens' homes. Jan McBride, Emma Vaughn, and Pat Pounds spoke for the group and showed a video tape of the emissions by the company. Councilmember Smith, as Emergency Management Coordinator, stated the plant would never operate properly because it was designed to operate on a continual basis and the plant did not receive enough material to keep it operating in this fashion. Councilmember Frank recalled that City Manager Grohman had advised them in the past not to pass a resolution of this nature because of possible litigation and City Manager Grohman responded that he had been cautious in the past but conditions had changed and Staff now recommends opposition of any expansion of the current permit and asks for revocation of the current permit. Discussion centered around the plant's operations and the group's actions in getting the incinerator's permit revoked. Mrs. Vaughn, President of the Alliance, addressed the Council briefly with concerns the group has. Resolution No. R93-40 was read in its entirety by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R93-40 be passed and approved on its first and only reading. Said Resolution No. R93-40 reads in caption as follows: RESOLUTION NO. R93-40 A RESOLUTION IN SUPPORT OF THE CLEAR CREEK COMMUNITY ALLIANCE POSITION ON AN EXISTING MEDICAL WASTE INCINERATOR AND TRANSFER STATION LOCATED AT 4322 BROOKSIDE ROAD, BRAZORIA COUNTY, PEARLAND EXTRA TERRITORIAL JURISDICTION. Councilmember Frank suggested that all the Councilmembers sign the resolution. It was discussed that the resolution should be sent to county and state officials as well as Texas National Resources Commission and any other concerned groups. The maker and seconder of the motion amended the motion to state that all Councilmembers would sign the document. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. When questioned, City Secretary Jones announced early voting will begin on November 22, 1993, for the Special Recall Election called for December 11, 1993. REPORT FROM LAIRSON STEPHENS REIMER, P.C., CITY AUDITORS, IN REGARD TO FUND BALANCES City Manager Grohman stated the purpose of this report was to enable Council to put some of the City's accumulated balances to work without jeopardizing future fund balances. Some $2 million dollars in bridge work is being considered, but the City will only have to match $400,000 in local funds, Mr. Grohman said. Mr. Bob Stephens, Vice President of the firm who authored the report, discussed the City's fund balances at length and answered questions from Council. Mr. Stephens informed that the City has a lot of available undesignated fund balances which can be directed to specific uses or whatever the City wishes. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the report from Lairson Stephens Reimer, P.C., City Auditors, in regard to fund balances be accepted into the records of the City. Motion passed 5 to 0. ORDINANCE NO. 666, APPROPRIATING FUNDS FROM THE GENERAL FUND FOR THE PURPOSE OF ESTABLISHING A ROAD AND BRIDGE CAPITAL FUND AND DECLARING AN EMERGENCY Ordinance No. 666 was read in caption by Councilmember Colson. It was moved by Councilmember Smith that Ordinance No. 666 be passed and approved on its first and only reading. City Manager Grohman informed that this item was placed on the agenda as an emergency item to meet funding deadlines. Mr. Grohman discussed with Council possible uses of the funds and it was noted that this agenda item is to appropriate the funds and following agenda items are to allow the use of these funds for specific projects. City Attorney Gregg, III, advised Council to second the motion before further discussion continued. The motion was seconded by Councilmember Frank. Discussion continued regarding costs of the various projects. Said Ordinance No. 666 reads in caption as follows: ORDINANCE NO. 666 AN ORDINANCE APPROPRIATING THE AMOUNT OF FOUR HUNDRED, FIFTY-SEVEN THOUSAND, THREE HUNDRED ($457,300.00) DOLLARS FROM THE GENERAL FUND FOR THE PURPOSE OF ESTABLISHING A ROAD AND BRIDGE CAPITAL FUND, AND DECLARING AN EMERGENCY AS THIS APPROPRIATION IS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, AND IS NOT FOR REGULAR OR RECURRING REQUIREMENTS. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-41, FOR THE REPLACEMENT OF BRIDGE AT VETERAN'S DRIVE AND MARY'S CREEK Resolution No. R93-41 was read in caption by Mayor Coppinger. City Manager Grohman explained this is one of the bridges in need of funding. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Resolution No. R93-41 be passed and approved on its first and only reading. Said Resolution No. R93-41 reads in caption as follows: RESOLUTION NO. R93-41 A RESOLUTION TO ACCOMPANY THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE 169 REPLACEMENT OF BRIDGE AT VETERAN'S DRIVE AND MARY'S CREEK. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-42, FOR THE REPLACEMENT OF BRIDGE AT JOHN LIZER AND MARY'S CREEK Resolution No. R93-42 was read in caption by Mayor Coppinger. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R93-42 be passed and approved on its first and only reading. Councilmember Miller suggested that Agenda Items No. 7 and 8, Resolutions No. R93-43 and R93-44, respectively, be considered at the same time. Council gave its concurrence. Said Resolution No. R93-42 reads in caption as follows: RESOLUTION NO. R93-42 A RESOLUTION TO ACCOMPANY THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF BRIDE AT JOHN LIZER AND MARY'S CREEK. RESOLUTION NO. R93-43, FOR THE REPLACEMENT OF BRIDGE AT DIXIE FARM AND CLEAR CREEK Resolution No. R93-43 was read in caption by Mayor Coppinger. r-- Said Resolution No. R93-43 reads in caption as follows: RESOLUTION NO. R93-43 A RESOLUTION TO ACCOMPANY THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF BRIDGE AT DIXIE FARM ROAD AND CLEAR CREEK. RESOLUTION NO. R93-44, AUTHORIZING SUBMISSION OF PROJECT CONCERNING DIXIE FARM ROAD EXTENSION/WIDENING FROM BEAMER TO SH 288 Resolution No. R93-44 was read in caption by Mayor Coppinger. Said Resolution No. R93-44 reads in caption as follows: RESOLUTION NO. R93-44 RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT A PROJECT, DIXIE FARM ROAD EXTENSION/WIDENING FROM BEAMER TO SH 288, TO THE HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE 1995 TRANSPORTATION IMPROVEMENT PROGRAM OF THE TEXAS DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH BRAZORIA COUNTY AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. Councilmember Weber stated he would like to withdraw his motion to approve R93-42, with the seconder's agreement, and make the following motion: It was moved by Councilmember Weber, seconded by Councilmember Frank, that Agenda Items 6, 7, and 8 be adopted, by consent, those being Resolutions R93-42, R93-43, and R93-44. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. 170 Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO EXECUTE SERVICE AGREEMENT WITH URETEK, USA, INC., FOR HIGH DENSITY POLYURETHANE SLABJACKING IN AMOUNT NOT TO EXCEED $50,000 Division Director Richard Burdine discussed with Council the provisions of the agreement and informed that repairs are being considered on the following streets: Stratford, Malon, Jacquelyn, and Timber Creek. The base underneath these concrete streets has failed. The process used was discussed and questions were raised about the long term effectiveness of this method. It was moved by Councilmember Smith, seconded by Councilmember Frank, that the City Manager be authorized to execute a one year service agreement with Uretek, USA, Inc., for high density polyurethane slabjacking in an amount not to exceed $50,000 after an investigation has been made by Mr. Burdine and City Engineer John Hargrove as to the effectiveness of the procedure with the authorization based on their findings. Motion passed 3 to 0, with Councilmembers Weber and Frank abstaining. DIRECTION TO CITY MANAGER REGARDING SALE OF LANDFILL SITE AND ADJACENT PROPERTY Discussion centered around recent litigation involving this property, appraised value, and continued liability in the event the property is sold. Mr. Ira Hawkins, who has expressed an interest in buying the property, addressed the issue and stated his intentions for the property, noting the areas he could use and for what purpose. It was moved by Councilmember Weber, seconded by Councilmember Colson, that the City Manager be directed to obtain an evaluation of the City sanitary landfill site and adjacent property and report back to Council with a recommendation as to the best process to put it up for sale. City Manager Grohman asked if this motion included an appraisal and Mr. Weber stated that it did. Councilmember Miller asked that Mr. Hawkins be kept informed of the status of the project. Motion passed 5 to 0. COST-SHARING APPROACH FOR CONSTRUCTION OF YMCA DRIVE AND RELATED IMPROVEMENTS AND AUTHORIZATION FOR CITY MANAGER TO ORDER INDEPENDENT APPRAISAL AND EXECUTE PROPOSED AGREEMENT ON BEHALF OF THE CITY Citizen Input: 1. Jack McGuff, Chairman of the Board of Management of Tri -County YMCA. Mr. McGuff stated the benefits of the YMCA to the community and urged a cost-sharing approach to building a road from FM 518 to the Y site. 2. Steven Giminez, Executive Director of Tri -County YMCA. Mr. Giminez stated that in the interest of time he wish to yield his time and stated that he felt Mr. McGuff had covered the subject adequately. Mr. Richard Simpson, owner of the adjacent property in this area, was recognized from the audience and stated that the figures as proposed by Lentz Engineering had been agreed upon by everyone but Council. Past history of the proposed terms and agreement were discussed. City Manager Grohman informed that the cost would be shared with HWI the City paying approximately $82,300, the YMCA paying approximately $39,800, and Mr. Simpson will pay $42,800 minus the value of the land. The City will front approximately $120,000 of the cost but will get a portion of this back when Mr. Simpson sells his property, Mr. Grohman informed. The water and sewage system, drainage, pavement, and right-of-way in the area were discussed. Councilmember Smith asked what the formula would be for arriving at the interest rate and Mr. Grohman stated if there was not a state prescribed formula, he would get back with Council on this. It was moved by Councilmember Smith, seconded by Councilmember Frank, that the City enter into this agreement on a cost-sharing approach for construction of YMCA Drive and related improvements and authorization be given to the City Manager to order an independent appraisal and execute the proposed agreement on behalf of the City. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 10:17 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1993. C. V. Coppin , Mayor ATTEST: a Jones, ity Secretary