1986-09-08 CITY COUNCIL REGULAR MEETING MINUTES12
KW= OF A RDG[JiAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON SEPTEMBER 8, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PTARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Dennis Frauenberger
Councilmember
Councilmember
Councilmember
Assistant City Manager
City Attorney
Stella Roberts
Richard Tetens
James Bost
Gary Jackson
Luke L. Daniel
City Secretary Kay Krouse
Absent from the meeting: Councilmember Charles Mack
i f s a
The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by
Councilmember Stella Roberts.
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It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the
minutes of the Regular Meeting of August 25, 1986, be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
the minutes of the Public Hearing of August 28, 1986, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid issued a proclamation proclaiming the week of September 15-20, 1986 as
Voter Registration Week in Pearland.
Mayor Reid recognized from the audience a student from the Government Class at
Pearland High School.
COUNCIL. ACTIVITY REPORTS
Councilmember Bost reported he had visited today with Councilmember Charles Maack who
is in Clear Lake Hospital. Councilmember Mack seems to be feeling better.
DEPARTMENTAL REPORTS
City Attorney Luke Daniel remarked he would like to commend the citizens as well as
the Councilmembers who worked with him on the E.M.S. and the Animal Control
Ordinances for their help in drafting these ordinances.
City Attorney Daniel reported the F.A.A. has not yet completed its investigation of
the Pearland Pavilion area as regards to the helipad and the Galveston Street exten-
sion and he would not recommend it be removed from the table.
Public Works Director Bill Thomasset advised that the City's Health Inspector John
Kubasik had suffered a severe heart attack last week and he is in Methodist Hospital
awaiting surgery.
CITIZENS: None
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MOTION TO REMOVE FROM TABLE COUNCIL ACCEPTANCE OF PEARLAND PAVILION AND COUNCIL
ACCEPTANCE OF THIS SUBDIVISION
These two items were passed to a future agenda as per the recommendation of the City
Attorney.
ORDINANCE M. 338-1, ORDINANCE AMENDING AND RDCODIFYING CHAPTER 9-1/2 OF CITY CODE OF
ORDINANCES, EMERGENCY MEDICAL SERVICES
Ordinance No. 338-1 read in caption by. Councilmember Frauenberger. (First Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
Ordinance No. 338-1 be passed and approved on the first of two readings. Said
Ordinance No. 338-1 reads in caption as follows:
ORDINANCE NO. 338-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
AMENDING AND RECODIFYING CHAPTER 9 1/2 (EMERGENCY MEDICAL
SERVICES) OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CITY
MEDICAL SERVICE AND PROVIDING FOR ITS SUPERVISION AND CONTROL;
ESTABLISHING CERTAIN PROCEDURES FOR THE OPERATION OF SUCH
DEPARTMENT; DEFINING TERMS; SETTING FORTH STANDARDS FOR AMBU-
LANCE SERVICE AND EMERGENCY MEDICAL SERVICES GENERALLY; ALLOW-
ING FOR ADOPTION OF A FEE SCHEDULE AND COLLECTION OF FEES; DE-
CLARING CERTAIN ACTS UNLAWFUL; PROVIDING A PENALTY FOR VIOLA-
TION; HAVING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 338;
HAVING A GENERAL REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
AWARD OF BID NO. B86-19, COPIERS FOR PUBIZC SAFETY FACILITY
Assistant City Manager Gary Jackson explained we received quite a wide range of bids
for these copiers. In studying the lower ranges of these bids, he has come up with a
number of questions on what the best product would be for our application at this
time. Therefore, he would recommend rejection of these bids and rebidding same.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Bid No. B86-19, Copiers for Public Safety Facility, be rejected and the project be
rebid.
Motion passed 4 to 0.
ORDINANCE NO. 523, APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1986, ENDING SEPTEMBER 30, 1987
Ordinance No. 523 read in entirety by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
OMW Ordinance No. 523 be passed and approved on the first of two readings. Said
Ordinance No. 523 reads in caption as follows:
ORDINANCE NO. 523
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING
SEPTEMBER 30, 1987.
Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger, and Councilmember Bost.
Voting "No" - None.
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Motion passed 4 to 0.
ORDINANCE NO. 524, ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING
FUND OF THE TAXABLE YEAR 1986
Ordinance No. 524 read in entirety by Councilmember Tetens. (First Reading)
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance
No. 524 be passed and approved on the first of two readings. Said Ordinance No. 524
reads in caption as follows:
ORDINANCE NO. 524
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND
PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAX-
ABLE YEAR 1986 AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE.
Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 525, APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR
ENTITLEMENT PERIOD 18 BEGINNING OCTOBER 1, 1986 AND ENDING SUnEMBER. 30, 1987
Ordinance No. 525 read in entirety by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that
Ordinance No. 525 be passed on the first of two readings. Said Ordinance No. 525
reads in caption as follows:
ORDINANCE NO. 525
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD 18 BEGINNING
OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987.
Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger, and Councilmember Bost.
Voting "No" - None.
Motion passed 4 to 0.
ADJUSTMENTS OF COUNCIL CONTINGENCY FUND
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Council make adjustments in the Budget from the Council Contingency Fund by
transferring funds to the following accounts:
5501-3360
5502-3360
5503-3360
Motion passed 4 to 0.
Vehicle Insurance $ 5,000
Workmen's Compensation 14,000
General Liability Insurance 6,000
T 0 T A L $ 25,000
CHOICE OF FOUR CANDIDATES FOR TEXAS MUNICIPAL LEAGUE INSURANCE BOARD OF TRUSTEES
ELECTION
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
the Mayor be authorized to cast our ballot for Andres Garza, Jr., Georgia Langston,
Ed Wagoner, and Rutha Waters in the Texas Municipal League Insurance Board of
Trustees Election.
Motion passed 4 to 0.
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Ordinance No. 528 read in caption by Councilmember Tetens. (First Reading)
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that
Ordinance No. 528 be passed and approved on the first of two readings. Said
Ordinance No. 528 reads in caption as follows:
ORDINANCE NO. 528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS.
AMENDING AND RECODIFYING CHAPTER 6 (ANIMALS AND FOWL) OF THE
CITY CODE OF ORDINANCES; DESIGNATING LOCAL HEALTH AUTHORITY FOR
RABIES CONTROL; DEFINING TERMS; DECLARING ANIMALS AT LARGE TO
BE A NUISANCE AND PROVIDING FOR ABATEMENT THEREOF; PROVIDING
MINIMUM STANDARDS, RULES AND REGULATIONS FOR THE KEEPING OF
ANIMALS AND FOWL; DECLARING UNLAWFUL THE KEEPING OF CERTAIN
WILD ANIMALS AND PROVIDING FOR THE IMPOUNDMENT THEREOF; PRO-
VIDING RABIES CONTROL PROCEDURES AND REPORTING BY VETERI-
NARIANS; ESTABLISHING PROCEDURES FOR THE CONTROL OF ANIMALS
WHICH BITE OR OTHERWISE ATTACK; CREATING AN ANIMAL CONTROL
BOARD FOR THE DESIGNATION AND DESTRUCTION OF CERTAIN VICIOUS
AND DANGEROUS ANIMALS; ESTABLISHING HEARING PROCEDURES FOR
SUCH BOARD; REQUIRING LICENSING OF DOGS AND CATS AND THE WEAR-
ING OF TAGS; REQUIRING VACCINATION OF DOGS AND CATS; PROVIDING
STANDARDS FOR THE OPERATION OF KENNELS, AND REQUIRING A LICENSE
THEREFOR; PROVIDING FOR SUSPENSION, REVOCATION OF SUCH LICENSE
AND ESTABLISHING HEARING PROCEDURES FOR THE SAME; PROVIDING FOR
ADOPTION, REDEMPTION, SALE.OR DESTRUCTION OF IMPOUNDED ANIMALS;
DECLARING CERTAIN ACTS UNLAWFUL; PROVIDING A PENALTY FOR VIOLA-
TION; HAVING A SAVINGS CLAUSE; REPEALING PRIOR ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens,
�-- and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
Mayor Reid informed Council they would be appointing members to the Animal Control
Board as set out in the Ordinance. This Board shall consist of a licensed
veterinarian of the State of Texas and four residents of the City of Pearland.
ORDINANCE NO. 527, ORDINANCE EXTENDING MORATORIUM ON OFF -PREMISE AND BILLBOARD SIGNS
AND DECLARING AN ENVY
Ordinance No. 527 read in entirety by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance
No. 527 be passed and approved on the first and only required reading. Said
Ordinance No. 527 reads in caption as follows:
ORDINANCE NO. 527
AN ORDINANCE EXTENDING THE MORATORIUM ON BILLBOARDS
AND OFF -PREMISE SIGNS, ESTABLISHED BY ORDINANCE NO.
506, UNTIL THE TIME THAT ORDINANCE NO. 526 IS PASS-
ED AND APPROVED AND IN FULL FORCE AND EFFECT;
00=k DECLARING AN EMERGENCY PURSUANT TO SECTION 3.10 OF
THE CHARTER OF THE CITY OF PERRLA D, TEXAS, AND
PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
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. 1/ • ... • • I II • 1 1 �!. ISI' 'ISI �1� a__T
Council reviewed the following bids:
�Iil•• NONE ! •• i� }I• 1
TEXAS MUNICIPAL FORD MODEL LN -8000
TRUCK, INC. PACKMORE $63,200.00 160-180 DAYS
1987 FORD LN -8000 `
BAYOU CITY FORD PACKMORE 62,490.00 130-160 DAYS
EMCO FORD LN -8000
INDUSTRIES, INC. EMCO RC 30 D 58,729.26 TWO WEEKS AFTER P.O.
ALVIN INTERNATIONAL 1954
EQUIPMENT CO. EMCO BODY 60,247.23 120-150 DAYS
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Bid No. B86-20, One Side -Loading Commercial Refuse Truck, be awarded to EMCO
Industries, Inc. for a Ford LN -8000, EMCO RC 30 Packer in the amount of $58,729.26
and funds be taken from the appropriate account.
Motion passed 4 to 0.
BID NO. 886-21, MATERIALS FOR SANITARY LANDFILL MMNG PIT
Council reviewed the following bids:
DELIVERY ALTERNATE ALTERNATE
VENDOR UMP SUM BID TYPE DATE BID TYPE
L. B. FOSTER
COMPANY $12,027.97 FZ-7, ASTM A-570 3-5 DAYS $10,710.42 PZ-38,ASTM A-328
SKYLINE STEEL
CORPORATION 13,400.00 BZ -20, ASTM A-328 3-4 DAYS — --
Public Works Director Bill Thomasset explained that L. B. Foster Company submitted a
low bid for new sheet piling that did not meet our specifications and submitted an
alternate bid for used sheet piling that did meet specs. Unfortunately, we did not
bid used sheet piling and we would recommend award of bid to the second bidder,
Skyline Steel Corporation.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Bid No.
B86-21, Materials for Sanitary Landfill Burning Pit be awarded to Skyline Steel
Corporation in the amount of $13,400 as the only responsive bid.
Motion passed 4 to 0.
AUTHORIZATION FOR MAYOR TO EXECUTE BRIDGE LOAD POSTING AGREEMENT BETWEEN CITY AND
TEXAS DEPAR'IlMENr OF HIGHWAYS AND PUBLIC TRANSPORTATION
Public Works Director Bill Thomasset explained that the Highway Department had
recently inspected 21 bridges in our City and found that 14 are unsafe to carry heavy
loads. Federal law requires these bridges be posted for restricted loading. Under
the Bridge Load Posting Agreement, the Highway Department will provide the materials
and the City will erect and maintain these signs.
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
the Mayor be authorized to execute the Bridge Load Posting Agreement between the City
and Texas Department of Highways and Public Transportation as submitted in the letter
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of the State Department of Highways and Public Transportation to Mayor Tom Reid,
Attention Mr. Bill Thomasset on July 22, 1986, signed by L. J. Vincik, District
Design Engineer.
Motion passed 4 to 0.
RESOLUTION NO. R86-21, RESOLUTION AUMRIZING POSTING OF LOAD LIMIT SIGNS ON BRIDGES
Resolution No. R86-21 read in entirety by Councilmember Roberts.
It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that
Resolution No. R86-21 be approved on first and only reading. Said Resolution No.
R86-21 reads in caption as follows:
RESOLUTION NO. R86-21
A RESOLUTION CONCERNING THE INSTALLATION OF CERTAIN
TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING
THE SAME.
Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger, and Councilmember Bost.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R86-19, RESOLUTION AIS PFUCSAL OF TEXAS DEPARTMENT OF HIGHKAYS
AND PUBLIC TRANSPORTATION FOR WIDENING A PORTION OF F. M. 518 IN CITY OF PEARLAND,
AND ANY OTHER ACTION PERTINENT THERETO
Assistant City Manager Gary Jackson explained that two actions are needed by Council;
one being, approval of the Minute Order proposal from the Highway Department concern-
ing the F. M. 518 widening project and the second being authorization for the Mayor
to sign a letter to the Highway Department requesting the project be phased with
improving the current two-lane section, from 0.2 miles northwest of the Brazoria
County line to Westminister Street as the first phase.
Resolution No. R86-19 read in entirety by Councilmember Frauenberger.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Resolution No. R86-19 be passed and approved on the first and only reading. Said
Resolution No. R86-19 reads in caption as follows:
RESOLUTION,NO. R86-19
A RESOLUTION ACCEPTING THE PROPOSAL OF THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
FOR WIDENING A PORTION OF FM 518 IN THE CITY OF
PEARLAND.
Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Mayor
be authorized to send a letter to the State Department requesting the phasing of the
00` construction on F. M. 518 with the first phase covering that portion of 518 which is
currently two -lanes.
Motion passed 4 to 0.
ORDINANCE NO. 529, CONSTRUCTION SPE® ZONE ORDINANCE ON F. M. 518 WITHIN CORPORATE
LIlwIITS OF PEARLAND
Ordinance No. 529 read in caption by Councilmember Tetens. (First Reading)
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance
No. 529 be passed and approved on the first of two readings. Said Ordinance No. 529
reads in caption as follows:
ORDINANCE NO. 529
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION
ON A PORTION OF FM 518 WITHIN THE CORPORATE LIMITS OF
PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger, and Councilmember Bost.
Voting "No" - None.
Motion passed 4 to 0.
ERCUSFD ABSENCE FOR COUNCILMEENBER CHARLES MACK FROM R1=JLAR MEETING ON AUGHT 25,
1986
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Councilmember Charles Mack be excused from regular meeting held on August 25, 1986
due to illness.
Motion passed 4 to 0.
EXCUSED ABSENCE FOR COUNCILMEMBER DENNIS FRAUENBERGER FROM 1UEULAR MEETING TO BE HEIR
ON SEPTEMBER 22, 1986
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that
Councilmember Dennis Frauenberger be excused from regular meeting to be held on
September 22, 1986.
Motion passed 3 to 0. Councilmember Frauenberger abstained.
MEETING RECESSED TO EXECUTIVE SESSION AT 8:53 P. M. UNDER TEXAS REVISED CIVIL
STATUTE, ARTICLE 6252-17, SECTION 2
- SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m
V.A.T.C.S. and Ramification of Civil Service Commission Hearing of September 4,
1986; (2) Action Against Consulting Engineers Regarding Longwood W.W.T.P. _
Expansion Design Plans.
- SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment of Member to Planning
and Zoning Commission.
MEETING RETUPT4ED TO OPEN SESSION AT 9:55 P. M.
NEW BUSINESS (CONTINUED)
`ti • !' • sl��' ,'�1 ; 1 1[ ..•,:., •.►.l;,.•.•.1 "i�.l�l: YC : 4�I�►� : �iM
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Council approve the issuance of Change Order for the dirt work at Longwood Sewage
Treatment Plant in the amount of $166,655.00 and payment be made from the appropriate
funds.
Motion passed 4 to 0.
ADTWRIZATION FUR THE CITY ATTORNEY TO TAKE LEGAL ACTION AGAINST CONSULTING ENGItL71:UffR
FdMAIMING LONGWOOD EXPANSION
It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that
the City Attorney be authorized to draft and execute a letter of notice to Langford
Engineering that the City will hold them responsible for any damages due to the
negligent design of engineering plans for the Longwood Wastewater Treatment Plant and
Barry Rose Wastewater Treatment Plant expansion project.
Motion passed 4 to 0.
The meeting adjourned at 9:59 P. M.
Minutes approved as submitted and/or corrected
A. D., 1986.
ATTEST:
t� la,07��
City S retary
19
this o2 day of
Mayor