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1993-12-20 CITY COUNCIL REGULAR MEETING MINUTES202 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 20, 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 Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, Parks Director Ed Hersh, Police Chief Mike Hogg, and Attorney Dick Gregg, III. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Smith. APPROVAL OF MINUTES City Secretary Jones had informed that the minutes of the previous meetings of December 13, 1993, were not ready due to the short time frame when the second meeting date was changed. Mayor Coppinger inquired of City Attorney Gregg if Council could proceed without approval of the minutes. Mr. Gregg responded that approval of the minutes was not a pre -condition to consideration of second reading of ordinances under Unfinished Business on the agenda. MAYOR'S ACTIVITY REPORT Mayor Coppinger announced the unveiling of the Centennial Painting which was scheduled for this evening's agenda has been postponed until the first meeting in January, 1994. Mayor Coppinger reported he had attended several functions recently. They were a promotion ceremony at the Police Department and various holiday activities involving the Neighborhood Service Center, the Hospice Society, and the Hindu Temple. Closing his report, Mr. Coppinger informed the basketball game between the School District and the Police Department gathered many items which were donated to Toys for Tots. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Frank reported his attendance at the promotion ceremony for the officers and the first meeting of Teen Court which was held last Saturday. Closing his remarks, Mr. Frank reminded that Patsy Eilers had resigned from the Planning and Zoning Commission recently and asked that this be a future agenda item with Mrs. Eilers receiving recognition for her service on the Commission. Councilmembers Colson, Weber, and Smith had nothing to report at this time. G3 103 CITY MANAGER'S REPORT City Manager Grohman reported on the cooperative paving program with the County which is now working on Walnut Street. Mr. Grohman commented on the success of the basketball game in collecting toys and reported his attendance at the Neighbor Service Center function as well as the ceremony unveiling the Centennial painting. Closing his remarks, City Manager Grohman commended Officers Cowan and Spires for having obtained the rank of Corporal. CITIZENS: Those citizens signed to speak indicated they would like to speak at the appropriate agenda item. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-40, AMENDING LAND USE ORDINANCE AT REQUEST OF ROBERT ORAVETZ, OWNER, FOR A SPECIFIC USE PERMIT IN A GENERAL BUSINESS DISTRICT Ordinance No. 509-40 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 509-40 be passed and approved on its second and final reading. Said Ordinance No. 509-40 reads in caption as follows: ORDINANCE NO. 509-40 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW A SINGLE FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON LOTS 1, 2, AND 3 OF BLOCK 6, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF ROBERT ORAVETZ, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, and Colson. Voting "No" - Councilmembers Weber and Smith. Motion passed 3 to 2. ORDINANCE NO. 509-43, AMENDING LAND USE ORDINANCE AT REQUEST OF REX POWLEDGE, AGENT FOR ROBERT ELLIS, OWNER, FOR A SPECIFIC USE PERMIT IN A COMMERCIAL DISTRICT Ordinance No. 509-43 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 509-43 be passed and approved on its second and final reading. Said Ordinance No. 509-43 reads in caption as follows: ORDINANCE NO. 509-43 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW LIGHT WELDING AND FABRICATION IN A COMMERCIAL DISTRICT ON TRACT 43, SECTION 2, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF REX POWLEDGE, AGENT FOR ROBERT ELLIS, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. 204 Voting "Aye" - Councilmembers Weber, Colson, Frank, and Miller. Voting "No" - None. Abstaining - Councilmember Smith. Motion passed 4 to 0, with one abstention. ORDINANCE NO. 509-44, AMENDING LAND USE ORDINANCE AT REQUEST OF GARY STAHLHEBER, OWNER, FROM CLASSIFICATION COMMERCIAL AND SINGLE FAMILY DWELLING DISTRICTS TO MOBILE HOME PARK DISTRICT Ordinance No. 509-44 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Ordinance No. 509-44 be passed and approved on its second and final reading. Said Ordinance No. 509-44 reads in caption as follows: ORDINANCE NO. 509-44 ! AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN FIGLAND ORCHARD SUBDIVISION, BRAZORIA COUNTY, TEXAS, FROM COMMERCIAL (C) AND SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME PARK DISTRICT (MH), AT THE REQUEST OF GARY STAHLHEBER, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE i AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Weber. Voting "No" - None. Abstaining - Councilmember Smith. Motion passed 4 to 0, with one abstention. ORDINANCE NO. 667, WAIVING ENCROACHMENT INTO RIGHT-OF-WAY OF OLD DIXIE FARM ROAD, BETWEEN WILLITS DRIVE AND CLEAR CREEK Ordinance No. 667 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Colson, that Ordinance No. 667 be passed and approved on its second and final reading. Division Director Richard Burdine read from a letter from William F. Mitchell of Greenwood Developments, Inc. Mr. Mitchell presented the letter to Mr. Burdine on December 20, 1993, asking that the last paragraph be read into the records. Mr. Burdine read the last paragraph as follows: ' "Finally, we object to the allowance of the encroachment of the Partridge fence and utility shed into the 70' old right-of-way of i Dixie Farm Road. As an adjacent property owner, we think we should have been notified of the proposed ordinance and the reading of the ordinance. If it is later determined that the encroachment allowed by the City of Pearland affects our property development in any manner whatsoever, we will ask for the revocation of the ordinance. I ask that this paragraph be read into the minutes of the City Council meeting when the second reading of the ordinance takes place." /s/ William F. Mitchell City Manager Grohman stated no problems were anticipated and Staff still recommends approval. Councilmember Miller related that the individuals who asked for the encroachment had stated they would move the structures if a problem L25 arose. Said Ordinance No. 667 reads in caption as follows: ORDINANCE NO. 667 AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN FENCES AND A TOOL SHED INTO THE DEDICATED RIGHT-OF-WAY OF OLD DIXIE FARM ROAD, BETWEEN WILLITS DRIVE AND CLEAR CREEK. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Weber. Voting "No" - None. Abstaining - Councilmember Smith. Motion passed 4 to 0, with one abstention. NEW BUSINESS ORDINANCE NO. 509-45, AMENDING LAND USE ORDINANCE AT REQUEST OF BRUCE AND ROBIN CLEMMONS, OWNERS, FOR A SPECIFIC USE PERMIT IN A MULTI -FAMILY DISTRICT Ordinance No. 509-45 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 509-45 be passed and approved on its first of two readings. Said Ordinance No. 509-45 reads in caption as follows: ORDINANCE NO. 509-45 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE r- OF GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAYCARE IN A MULTI -FAMILY DISTRICT (MF) ON SECTION 31 A-232 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF BRUCE AND ROBIN CLEMMONS, OWNERS; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B93-16, TYPE I AMBULANCE CAB & CHASSIS AND MODULE Council considered bids from Taylor Made Ambulance, Knapp Chevrolet, Frazer Bilt, Inc., and Les Marks Chevrolet. City Manager Grohman informed the EMS is experiencing more calls as the City grows, with a record of 16 runs last Sunday, transporting 20 patients. Division Director Richard Burdine informed the cab and chassis portion was bid separately from the module and stated Staff recommends Les Marks Chevrolet be awarded this part of the bid. Staff further recommends, Mr. Burdine informed, that Frazer Bilt, Inc. be awarded the portion pertaining to the ambulance module although they are not the apparent low bidder. Mr. Burdine explained Staff's reasons for awarding the bid to Frazer, among them the facts that this type of work is not standard for Taylor Made nor do they have a local representative. Council discussed the makes and models of current fleet and 1 Councilmember Smith commented that Frazer actually is the only Cqualified bid as the other does not meet specifications. It was noted that many of the City of Houston's ambulances are from Frazer and budget allocation was discussed. i It was moved by Councilmember Colson, seconded by Councilmember j Miller, that Bid No. B93-16 be awarded to Les Marks in the amount i of $17,035.05 for the cab and chassis and to Frazer Bilt, Inc. in �I the amount of $53,570.00 for the ambulance module. Motion passed 4 to 0, with Councilmember Smith abstaining. AUTHORIZATION TO EXTEND BID NO. B93-17, POLICE PACKAGE VEHICLES, TO PURCHASE A VEHICLE FOR THE EMERGENCY MEDICAL SERVICE & MANAGEMENT COORDINATOR DEPARTMENT City Manager Grohman asked that this item be passed as it was not ready to be acted upon. RESOLUTION NO. R93-53, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH VERNON G. HENRY AND ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES Resolution No. R93-53 was read in caption by Mayor Coppinger. Division Director Burdine explained the provisions of the agreement which has four projects. Project A, design of standardized signage for all City parks, is not recommended at this time, Mr. Burdine stated. i Project B is for conceptual design of signs and landscaping for V four entrance points into the City, Mr. Burdine read. Project C is for a concept plan and tree planting plan for the area around City Hall, the Chamber of Commerce and Shadycrest Elementary, Mr. Burdine related. Word has been recently received, Mr. Burdine informed, that the City has received a grant of $30,000 from the Texas Forestry Service for the planting of 200 trees in this area. Project D is for a preliminary plan for development of Hyde Park in Banbury Cross Subdivision. The Banbury Cross Homeowner's Association is willing to donate $7,000 for the park, Mr. Burdine informed, and will contribute another $3,500 in June of 1994. City budgeted funds will be used for design of the park and those funds donated by the homeowner's association can be used for physical improvements, Mr. Burdine stated. i Mayor Coppinger recognized members of the Banbury Cross Homeowner's Association in the audience and thanked them for their generous donation. It was noted that the Clean Pearland organization proposes to fund Projects B and C and City funds will be used for Hyde Park only. Delores Fenwick, Executive Director of Clean Pearland, addressed Council and explained the organization had determined funding of these two projects would accomplish some of the goals set by the group at its retreat in November. Resolution No. R93-53 was read again in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-53 be passed and approved on its first and only reading. Said Resolution No. R93-53 reads in caption as follows: RESOLUTION NO. R93-53 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VERNON G. HENRY AND ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES. 907 Councilmember Frank asked that Council be kept informed as progress is made on these projects, noting that he is Council liaison to Clean Pearland and was unaware a goal -planning retreat had been held. After more discussion concerning the various projects, Council voted as follows: Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-54, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH MCGUFF ASSOCIATES ARCHITECTS FOR DESIGN OF ANIMAL SHELTER AND EXPANSION OF SERVICE CENTER Resolution No. R93-54 was read in caption by Mayor Coppinger. City Manager Grohman informed both of these items have been budgeted for and are greatly needed. As suggested on a previous agreement of this type, this one is based on an hourly rate up to a maximum of 8%, Mr. Grohman said. Resolution No. R93-54 was read again in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Smith, that Resolution No. R93-54 be passed and approved on its first and only reading. Said Resolution No. R93-54 reads in caption as follows: RESOLUTION NO. R93-54 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH MCGUFF ASSOCIATES ARCHITECTS FOR DESIGN OF AN ANIMAL SHELTER AND EXPANSION OF THE SERVICE CENTER. Mr. McGuff, who was present in the audience, indicated he was looking forward to working with the City on these projects. Councilmember Frank again asked that the Council be kept informed of the progress of these undertakings. Possible sites for the animal shelter were discussed. After more discussion regarding a future executive session to discuss land acquisition, Council voted as follows: Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF BANBURY CROSS, SECTION III, BANBURY CROSS, LTD., OWNER, MUNICIPAL ENGINEERING COMPANY, INC., ENGINEER City Engineer John Hargrove stated all was in order for this subdivision and recommended approval. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Banbury Cross, Section III, be accepted by the City. Motion passed 5 to 0. REGARDING THE RELEASE OF THE CITY'S PORTION OF A JUDGMENT AGAINST B. M. JAMISON AND FRANCES JAMISON IN CAUSE NO. 87-R-1889, IN THE 149TH DISTRICT COURT OF BRAZORIA COUNTY, TEXAS, STYLED STATE OF W TEXAS AND CITY OF PEARLAND VS. B. M. JAMISON AND FRANCES JAMISON; AND THE CONSIDERATION TO BE PAID TO THE CITY FOR THAT RELEASE (SEE EXECUTIVE SESSION NOTICE REGARDING ANOTHER LAWSUIT BETWEEN THE JAMISONS AND THE CITY) Citizen Input• 1. Tom P. Alexander, 3208 Nottingham. Mr. Alexander stated he had been assessed twice for paving on Galveston Street and asked the City to consider releasing the judgment against him also in light of the agenda item. 2. Stella Roberts, 2918 Green Tee. Mrs. Roberts referred to the Council minutes of September 12, 1988, when she was on Council and related the history of the litigation with the Jamison's. Mayor Coppinger read the following statement" "Before this Council goes behind closed doors to discuss the release of the judgment in the amount of some $6,000 plus dollars against Mrs. Jamison and the estate of Bert Jamison, I want to go on record first with a public statement because we cannot afterwards publicly disclose what we discuss in executive session. I would like to state that Mrs. Jamison has been a friend of mine for many years and that her husband, Bert, was a life-long friend that I loved and respected for the hard-working, persevering pioneer that he was - and for those reasons, I would do Mrs. Jamison any favor that I could personally or be most pleased to assist her in any personal matter within my ability. However, in fulfilling my obligations to the taxpayers of this City, I most emphatically state that it would be both insult and injury to our community to give her any consideration related to this judgment that the City holds against her. Before you deliberate this matter, let me present you with a list of her court record going back to 1952. Not including the current lawsuit filed against this City in 1992, and against several of you and me personally, the record shows a total of 24 lawsuits in Brazoria County. Eight of these were against the City of Pearland or Pearland officials. I am the fourth mayor to be honored with one of her suits and, while I am pleased to join fine gentlemen like Lloyd Hawkins, E. T. Gibbons, and John Kegley in being one of her frivolous targets, I also feel that it is a shame and disgrace that through all of these years she has been able to continuously harass the good elected officials of this City and to assassinate their character as she does down here at many meetings, either in person or through one of her sycophants or menial minions. I resent the personal attacks on each of you and on me and on all of the fine people who have sat through her insidious attacks through the years, heaping ridicule and invective on the good citizens who have held these offices. I resent the thousands of dollars in expenses that she has cost we the taxpayers of this City in pursuing unjust claims. To my knowledge, the City has never lost on a suit that she has filed, but the legal costs and the lost staff time has been a constant source of unwarranted expense. If you believe her twenty-five years continuous harangue about forgeries in forming this City, you surely believe in Santa Claus, the tooth fairy, and the integrity of Saddam Hussein. How ridiculous to think that the courts of this City, of this County, of this State, would tolerate such a miscarriage of justice. Mrs. Jamison was sued by the City in 1988 because of the damage that the City incurred over her actions on the widening of FM 518, and Judge John Rainey awarded the City a judgment of some $6,000 that has been drawing interest since 1990. Please, fellow Councilmembers, do not do the taxpayers of this City the injustice of letting her escape one penny of that fine, for, in effect, that is what it is - punishment to her for her years of mistreating the taxpayers of Pearland. She currently has a suit filed against the City which she proposes to dismiss in a trade-off against the judgment. Please do not take the bait - let her meet us in the courthouse on her suit - we will beat her again and, in doing so, heap upon her the cost of her lawyers and the City's court costs in addition. It will indeed be deserved added punishment for the harassment to which she subjects us repeatedly. The other possibility is that she will sell some of her extensive real estate holdings one of these days and, when she does, we, representing the good citizens of Pearland, will be at the closing table and collect that judgment plus interest. This will be a small recovery for the damage that she has done but perhaps an expense that will make her a little more cautious about who she sues - and, hopefully, get this Council a little relief from the attacks to which she and her friends subject us. It is my opinion that this should be discussed in open meeting, not behind closed doors, and I recommend that this be done so that everyone will understand what and why this decision was made." Councilmember Frank asked who requested this item to be put on the agenda and inquired, if Councilmember Miller was one of the requestors, had he signed the appropriate form. City Secretary Jones responded that Councilmembers Weber and Miller had requested the item and signed the appropriate forms. There ensued a lengthy discussion regarding the judgment which was awarded to both the City and the State. City Attorney Gregg advised that the amount was combined and as the City can't act for the State, that portion will have to be identified. The City .cannot give away an asset, Mr. Gregg advised, but can compromise. Mayor Coppinger asked what the suit entailed and Councilmember Frank asked that the agenda item be looked at first. Mayor Coppinger inquired about the status of the litigation. City Attorney Gregg informed it is pending with the City Secretary recently having given a deposition, but it is not set for trial yet. Councilmember Frank asked that Councilmembers Weber and Miller be allowed to speak to this item as they had requested it be on the agenda. There was discussion regarding taping the executive session if Council chooses not to discuss the issue in open session and whether a motion was needed. Councilmember Frank again urged hearing from Councilmembers Miller and Weber. Mrs. Jamison requested, from the audience, to address the Council. Councilmember Frank stated she was not on the agenda but Council could give its consensus. Mr. Frank also asked City Attorney Gregg if Council needed to decide if it would enter into Executive Session. Councilmember Smith moved this item be tabled until Mrs. Jamison has made peace with the State of Texas. It was advised the motion to table is a non -debatable motion requiring four votes for passage. Councilmember Frank indicated he would second the motion for purposes of discussion, and when reminded there could be no discussion on a motion to table, withdrew his motion. I 0 City Attorney Gregg suggested putting a time limit on the motion. Councilmember Smith amended his motion to allow a ninety (90) day time limit. Councilmember Frank seconded the motion. Councilmember Smith reiterated his statement that regardless of what the City does, Mrs. Jamison needs to settle with the State. Mr. Gregg reminded four votes are required to table. Councilmember Frank again asked that Councilmembers Miller and Weber give input. Councilmember Weber stated that Mrs. Jamison had asked to have this placed on the agenda. Mr. Weber stated he then called the City Manager who, along with City Attorney Gregg, advised him he would need to put this request in writing and have it signed by two councilmembers before it could be placed on the agenda. Mr. Weber stated he complied with this procedure but felt it was unnecessary as this meeting was not a special meeting but rather a regular meeting of the Council which had been moved forward a week due to the holidays. City Attorney Gregg agreed with Councilmember Weber, but stated he had not wanted to take a chance and there was no harm in doing more than what was required. Councilmember Weber recalled that the procedures for putting items on the agenda were amended not long ago and suggested that an item covering the procedure for placing an item on the agenda when the meeting date has been changed be placed on the next agenda for Council consideration. Councilmember Weber stated he was unaware of the State's part in the judgment and that the amounts were not broken down. There was question whether the ninety day period was long enough and Councilmember Smith suggested 180 days. Mr. Gregg advised it did not hurt to specify a 90 day time frame. Councilmember Weber stated he would like a copy of the legal proceedings so the subject didn't have to be rehashed. City Attorney Gregg clarified if Mr. Weber was asking for a copy of the pleadings and Mr. Weber affirmed this. Councilmember Frank asked Mr. Gregg's opinion, stating the previous City Attorney had stated the Council could not give this judgment away. Mr. Gregg stated this was correct but it could be used as a form of compromise or barter for something of equal value. Mr. Gregg estimated the amount to be $6,000 plus 10% interest since the May, 1990 ruling. Councilmember Miller stated he was contacted by Councilmember Weber about this item and agreed with him to put it on the agenda because a citizen had asked. Mr. Miller asked why there were two cause numbers and City Attorney Gregg answered that without one of them being pending litigation, this subject would have to be discussed in open session without giving Council the right to consider in closed session. Mr. Gregg stated one of the cases concerned a possible breach of promise regarding construction of a street in a certain length of time. Councilmember Miller stated it was not his intent to give up anything but to find out the details and get a consensus among Council. It was restated that the time frame of the motion was for 180 days and the seconder had agreed. Mayor Coppinger handed out copies which he stated contained a list of 24 suits brought by Mrs. Jamison since 1952. Upon call for the question to table for 180 days, Council voted as follows: Voting "Aye" - Councilmembers Frank, Weber, and Smith. Voting "No" - Councilmembers Colson and Miller. Motion failed as four consenting votes were needed to table. It was moved by Councilmember Smith that this item not be discussed in Executive Session. Motion failed for lack of a second. Councilmember Frank suggested that if an executive session is held, it be taped. Councilmember Smith stated he would not attend if it were not taped. It was moved by Councilmember Frank, seconded by Councilmember Smith, that the executive session be taped. Motion passed 4 to 0, with Councilmember Weber abstaining. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:59 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SUBSECTION (e) LEGAL - Discussion regarding settlement of Cause No. 92-C-2170, styled Frances Jamison, individually and as independent executrix of the estate of Bert M. Jamison vs. City of Pearland, et al, by releasing the judgment in Cause No. 87-R-1889 described above in agenda item no. 7. City Attorney Gregg noted for the record that the posting requirements for executive sessions have recently changed and advised he will inform the City Secretary of the correct procedures to be followed. MEETING RETURNED TO OPEN SESSION AT 9:16 P. M. Mayor Coppinger signed a certification of the item discussed in Executive Session and the tape of the session was given to the City Secretary for proper retention. NEW BUSINESS (CONTINUED) REGARDING THE RELEASE OF THE CITY'S PORTION OF A JUDGMENT AGAINST B. M. JAMISON AND FRANCES JAMISON IN CAUSE NO. 87-R-1889, IN THE 149TH DISTRICT COURT OF BRAZORIA COUNTY, TEXAS, STYLED STATE OF TEXAS AND CITY OF PEARLAND VS. B. M. JAMISON AND FRANCES JAMISON; AND THE CONSIDERATION TO BE PAID TO THE CITY FOR THAT RELEASE It was moved by Councilmember Frank, seconded by Councilmember Smith, that no action be taken at this time. Motion passed 4 to 0, with Councilmember Colson abstaining. Councilmember Smith suggested the City Attorney be instructed to move forward post haste to collect the judgment. ADJOURNMENT The meeting adjourned at 9:17 P. M. 212 Mi"s s approved as submitted and/or corrected this / D day of A. D., 1994. C. V. Cop ger, Mikyor ATTEST: Secretary Pat Jones, C' ti5 • :!e• --1724-, /114 go 5 �„pcc� \a coc Go Jec cO Q\acc CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN VERNON G. HENRY AND ASSOCIATES,INC. (CONSULTANT) AND THE CITY OF PEARLAND,TEXAS(CLIENT) L PROJECT Provide landscape architectural services to construct a new entryway sign along F.M. 518 on the City's western side. The new sign will replace the existing"Welcome to Pearland"billboard. IL SCOPE OF SERVICES Based upon the concept plan dated May, 1994, prepared by the Consultant and approved by the Client, the Consultant will prepare the following construction documents: 1. Sign wall layout and dimension plan accompanied by related construction details, notes and specifications 2. Planting plan 3. Lighting plan 4. Final cost estimate IIL FEES AND EXPENSES A. Landscape Architectural Services The fees for services described above will be charged on an hourly basis for the time expended to complete the project. The Consultant estimates that the fees incurred will not exceed $2,100. The fee total does not include related expenses which shall be reimbursed pursuant to item"C". The fee total assumes one project-related Consultant trip to Pearland, and specifically excludes bidding assistance, shop drawing review, and construction administration or observation. Such services can be provided by addendum to this contract. Vice Presidents: Mary Lou Henry, A.I.C.P. Michael L. Ilse, A.S.L.A. 5900 Memorial Drive, Suite 101, Houston, Texas 77007 (713) 868-2113 Fax: 868-0913 PrCG' y, P o cc Je B. Hourly Rates The Consultant's standard hourly rates are as follows: Vice President, Landscape Architecture $85.00 Senior Landscape Architect/Planner $75.00 Senior Draftsman $45.00 Draftsman $35.00 Secretary $30.00 C. Reimbursable Expenses In addition to fees, the Consultant shall be reimbursed at his cost plus 15% for processing and bookkeeping for direct expenses attributable to the services, such as prints and other reproduction charges, art supplies, long distance and toll telephone calls, etc. Mileage incurred for the use of staff automobiles shall be charged at the rate of$0.32 per mile. Any individual reimbursable expense over $100 will be pre- approved by the Client. D. Payment Schedule Hourly fees will be invoiced monthly for services performed in the previous month. All fees and reimbursable expenses shall be payable within eight (8) days of the date of itemized invoice. An interest rate of 15% per annum shall be applicable to all accounts thirty (30) days past due. In the event that it becomes necessary for the Consultant to retain an attorney to assist with the collection of fees, reasonable attorney's fees and court costs may be charged to the Client in addition to the Consultant's outstanding fees, expenses, and interest. IV. TERMINATION If any work the Consultant performs is abandoned in whole or in part through no fault of the Consultant, the Consultant is to be paid for the services performed prior to receipt of written notice from the Client of such abandonment or suspension together with reimbursements then due. This Agreement may be terminated by either party upon receipt of written notice five(5)days prior to the effective date of termination should the other fail substantially to perform in accordance with its terms through no fault of the other. In the event of tennination due to the fault of other than Vernon G. Henry & Associates, Inc. the Consultant shall be paid for services then due. This Agreement shall not be regarded as terminated until all the outstanding fees and expenses have been paid in full. Page 2 of 4 •a` G� co a Pco C� co� oc Cc) ' V. OWNERSHIP OF DOCUMENTS Drawings and specifications as instruments of service remain the Consultant's property whether the work for which they are made be executed or not and are not to be used on other projects without the Consultant's written consent. Conversely, they shall not be used by the Consultant on any other project without the Client's written consent. The Client shall have the right to prints (including reproducible prints) of all drawings prepared as part of these services provided the Client's account is not past due. These prints shall be provided as a reimbursable expense. If the account is past due, the Client shall not have the right to use the drawings for any purposes. VL CHANGES Any work occasioned by changes requested by the Client after prior approval has been given for those services will be subject to an additional charge at the Consultant's standard hourly rates as previously listed herein. VIL EXTRA SERVICES Any services requested by the Client in addition to those outlined above will be charged as an extra service for the time incurred at the Consultant's standard hourly rates as previously listed herein. Extra services would include additional site visits, irrigation design, bidding assistance, shop drawing review, and construction administration and observation. VIIL HOLD HARMLESS While the Consultant warrants that they are capable of performing the services described herein in a professional manner, the Client understands that the Consultant carries no professional liability insurance for errors and omissions and are not including the cost for such insurance in schedules of fees and expenses specified herein. The Consultant shall not be liable for, and shall be held harmless and defended by the Client from and against any and all claims, lawsuits and damages of every kind for injury to or death of any person or persons and for damage to or loss of property arising out of physical development of the Subject Property. Page 3 of 4 �G' ey, a` eO OPa �a C�� oc (c Je IX. SUCCESSORS AND ASSIGNS The Client and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other party of this Agreement and to the partners, successors, assigns, and legal representatives of such other party in respect to all covenants of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer their interest in this Agreement without the written consent of the other. ACCEPTED THIS 1st DAY OF JULY, 1994,FOR VERNON G. HENRY&ASSOCIATES,INC. PROVIDED A� D BY CLIENT BY EMBER 31, 1994. Vernon G. Henry, AICP, CRE Mary Lo enry, AICP President Vice Pre dent As indicated by my signature below, I certify that I am authorized to execute this contract on behalf of the City of Pearland, Pearland, Texas. ACCEPTED FOR THE CITY- F PEARLAND.XAS: ( /t/7 Signature Da /Q2,14_,/ 61/"O // Typed or Printed Name Title conian2.cloc Page 4 of 4 // \` SWIM� rc; WIM � ` Edge of Pavement K A xi State Highway Right-of-Wee Line rva 411311;°1111tH O 7 M d 1d C rt R'o s r fD tf o • : " '`��'' ?..$, }'•its Lcf1 i r l'IC‘- .Z ,', ,.-* 411'4*‘14. ,1 P ''...:.:.' ,-,-1. b . y . tit •. Iit _.. _ •,,, ,.. -fv.,.... ra.. n s` —"— ----- • ' m • !!!5 eY► 1 zi Z. tr Z,_ s� \\.\\\\— • x ► ( .4 d t 1=tR .-. }4 st-iry 7fs .q \\ / 8'Height q .4 � ENTRYWAY SIGNAGE 7 i CITY OF PEARLAND 1 5 PEARLAND.TEXAS L CONCEPT PLAN \ °� PEAR�ZCAty ©©r?II©rnd©1 � *�\ 5* 3519 liberty Drive • Pearland, Texas 77581-5416 XA (713) 485-2411 • Fax (713) 485-8764 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCILMEMBERS THRU: PAUL GROHMAN, CITY MANAGER RICHARD BURDINE, DIVISION DIRECTOR FROM: EDWARD D. HERSH, DIRECTOR, PARKS & RECREATION DATE: JUNE 30, 1994 SUBJECT: AGENDA ITEM - CONSIDERATION AND POSSIBLE ACTION - AUTHORIZATION FOR CITY MANAGER TO PROCEED WITH CITY ENTRANCE SIGNS On December 20 , 1993 , the City Council authorized the City Manager to enter into an agreement with Vernon Henry and Associates to develop an Entryway Signage Concept Plan (copy previously provided to you in your June 13 , 1994 Council packet) . At the June 20, 1994 , Park, Recreation and Beautification Board meeting, the Board reviewed the proposed Concept Plan and unanimously endorsed the plan. The Board expressed their desire that at least one sign be in place by September 24 , 1994 , Pearland's Centennial celebration. It is recommended that one entry sign be located on FM518 and SH288, replacing the City entry sign on this site. A second sign is proposed for Dixie Farm Road and McGinnis. The City owns a parcel of land at this location. Funds ($25,000) are available in the FY 1993/94 budget for City entrance signs. Staff is analyzing other entry areas into Pearland for placement of additional signs at a later date and as funding becomes available. It is recommended that Council approve the proposed Entryway Signage Concept Plan and authorize the City Manager to proceed with the purchase and installation of entry signs. Edward D. ersh, Director Parks & Recreation Department EDH/tjv //-//_ 0 Printed on Recycled Paper