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1987-01-12 CITY COUNCIL REGULAR MEETING MINUTES• N MINUTES OF A REGULAR MEE'P M OF THE CITY COUNCIL OF THE CITY OF PEARUND, TEXAS, HELD ON JANUARY 12, 1987, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Councilmember/Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary I�►ir< A40it 0�r r AEC Tom Reid Dennis Frauenberger Charles Mack James Bost Richard Tetens Stella Roberts Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge was led by Councilmember/Mayor Pro Tem Dennis Frauenberger. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Regular Meeting of December 22, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid recognized former Councilmember Terry Gray from the audience. COUNCIL ACTIVITY REPORTS Councilmember Frauenberger advised that March 24th has been designated as Brazoria County Day at the State Legislature in Austin and all who can should make plans to attend. 1 0... Y 101 Olo • City Manager Ron Wicker reported the Planning and Zoning Commission is looking at the proposed Sign Ordinance in detail and should bring a recommendation to the Council in the near future. City Attorney Luke Daniel commented that he would publicly like to express his con- dolences to the family of Dorothy Ammons, Municipal Court Clerk, who passed away this weekend. City Attorney Daniel reported that several weeks ago, when a citizen came before Council requesting a copy of a document the City considered privileged information, the City Staff wrote a letter to the State Attorney General's office requesting an opinion as to whether the document requested was private or public information under the Open Records Act. A response has been received from the Attorney General's office and Mr. Daniel advised he had presented a copy of that opinion, which was favorable to the City, to each of the Councilmembers. CITIZENS: None C-4:665 00r• iA•r .- rte_ z Rji,, �r►IO.V D+�7cTf. r►ia.� �•r r -$I Vr r 1W110 •i i • r reg Ordinance No. 525-1 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 525-1 be passed and approved on the second and final reading. Said Ordinance No. 525-1 reads in caption as follows: ORDINANCE NO. 525-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 525, ADOPTING REVENUE SHARING BUDGETS OF THE CITY OF PEARLAND; HAVING A REPEALING CLAUSE; AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 509-7, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2 RESIDENTIAL ZONING DISTRICT; W. A. HEMPHILL, AGENT FOR JOHN J. ADAMS, OWNER Ordinance No. 509-7 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 509-7 be passed and approved on the first of two readings. Said Ordinance No. 509-7 reads in caption as follows: ORDINANCE NO. 509-7 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRI- CULTURAL ANIMAL HUSBANDRY IN AN R-2 RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUB- LICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-8, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR FARM ACCESSORY BUILDING IN AN R-2 RESIDENTIAL ZONING DISTRICT; W. A. HEMPHILL, AGENT FOR JOHN J. ADAMS, OWNER Ordinance No. 509-8 read in caption by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 509-8 be passed and approved on the first of two readings. Said Ordinance No. 509-8 reads in caption as follows: 11" r • �• : AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR FARM ACCESSORY BUILDING IN AN R-2 RESIDENTIAL ZONING DISTRICT; PRO- VIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND C014TAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 70 Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. BID NO. B86-22, EMPLOYEE GROUP INSURANCE City Manager Ron Wicker explained that over a month ago we received word from our insurance company, American General, that our hospitalization rates were going up some 100/. At that time, we looked at a set of specifications which would possibly be more beneficial to the City. We specified three alternate deductions for employees and family: $100/$300; $300/$900; and $500/$1500. In reviewing the bids received, it is apparent to the Staff that all the bids are unacceptable; so at this time we are recommending rejecting all bids and authorization to rebid, thereby again altering the specifications so that we can come up a little closer with money we have in the budget. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that all bids received on Bid No. B86-22 be rejected and the employee group insurance be rebid at the appropriate time. Motion passed 5 to 0. BID NO. B86-23, TELEPWNE SYSTEM FOR CITY HALL City Manager Ron Wicker had presented Council a Bid Tabulation sheet showing totals of bids received. Mr. Wicker explained that we bid three alternates: 1) Service provided with off -premise switch; 2) Purchase of on -premise switching equipment to handle Southwestern Bell off -premise switch; and 3) Purchase of on -premise switching equipment with maintenance by whoever provides the equipment under a service contract type basis. Mr. Wicker also presented a cost comparison of the telephone bids using evident low bidders. City Manager Wicker observed that in looking at these figures in terms of over a five-year period, there is an approximate $5000.00 savings if you go with the on - premise switch as opposed to off -premise switch. Representatives from Interconnect Communication Corporation, the apparent low bidder, were in the audience and answered various questions from the Council. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Bid No. B86-23, Telephone System for City Hall, be awarded to Interconnect Communication Corporation in the amount of $17,815.00 and payment made from bond funds. Motion passed 5 to 0. DESIGNATION OF CITY SECRETARY TO RECEIVE APPLICATIONS FOR CANDIDACY FOR APRIL 4, 1987 CITY OFFICER'S ELECTION City Attorney Luke Daniel explained the Election Code was changed at the last legis- lature such that the City Secretary now properly receives applications to appear on the ballot from candidates for Mayor and all Council positions; however, our City Charter states that the Mayor shall receive applications unless he designates that duty to the City Secretary. For the purpose of the record, Mayor Reid informed Council that for the upcoming election and all elections in the future, in compliance with the provisions of State Law, he hereby designates the City Secretary to receive and acknowledge receipt of all applications filed for any position of elective office for the City of Pearland. CHANGE OF VOTING PLACE FOR REGULAR CITY OFFICERS' ELECTIONS The Council was advised that recently the City Secretary received a request from Mr. Jack Farmer, Election Judge, to check into the possibility of changing our place for voting in regular City Officers' elections with the consideration of upgrading our facilities. Over the years, the City has conducted its election in the hallway, off from the Drama room at Pearland High School. City Attorney Luke Daniel advised that the U. S. Justice Department under the Federal Voting Rights Act must approve all changes relating to polling places. This request for preclearance must be submitted to the Justice Department a minimum of 60 days P- 71 before the election. In a general discussion it was brought out that the Activity Center on Grand Boule- vard had adequate space and appeared to be in a central location within all our election precincts. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Activity Center on Grand Boulevard be used for the site in holding City elections. Motion passed 5 to 0. RESOLUTION NO. R87-1, RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF APRIL, 1987, FOR THE ELECTION OF A MAYOR AND ONE COUNCILMEMBER, POSITION NO. THREE Resolution No. R87-1 read in full by Councilmembers Tetens and Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Resolution No. R87-1 be passed and approved on the first and only reading. Said Resolution No. R87-1 reads in caption as follows: RiXiC1440ce •: A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. City Attorney Luke Daniel advised that the Spanish version of this Resolution is available at the office of the City Secretary. INVOICE FROM WAISH ENGINEERING It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that invoice dated January 5, 1987, Walsh Engineering, Inc., for professional services rendered in survey and construction of drainage outfalls associated with the State Department of Highways and Public Transportation's F.M. 518 widening project; intersection improvements on Old Alvin Road and Walnut -Barry Rose Road, in the amount of $5,086.88 be approved and payment made from the appropriate fund. Motion passed 5 to 0. PROPOSAL FROM PILKO AND ASSOCIATES, INC. REGARDING THE DEVELOPMENT OF AN INDUSTRY ATTRACTION PROGRAM FOR THE CITY OF PEARLAND City Manager Ron Wicker explained that several months ago he attended a very inform- ative workshop in Galveston sponsored by HL&P in which the topic of discussion was economic development in the area; looking at ways to attract new business and also keep the old businesses. Pearland is one of the TEXCEL cities in Texas and some time in the near future we will be required to put together some similar type of informa- tion. The proposal from Eric Johnson with Pilko and Associates, Inc., included in the Council agenda packets, is for the development of an industry attraction program and report that can be used by the City and the Chamber of Commerce in attracting new business and industry to the corrmunity. Mr. Wicker stated that since he attended the workshop, three prospects came to the City and looked at potential development in the Pearland area but for one reason or another, they decided to locate elsewhere. Therefore, Mr. Wicker said he believed the City needs to have on hand, for future prospects, all the information they need to know about what Pearland has to offer for their type industry. In a general discussion between Council, it was pointed out that perhaps the Chamber as well as the financial institutions in Pearland should be contacted for possible 72 help in financing an industry attraction program. It was suggested that we also look at other companies that offer the same service as Pilko and Associates. The Council concluded that Councilmembe Wicker on this issue and come back with meeting. MEETING RECESSED AT 8:47 P.M. r Frauenberger will work with City Manager another recommendation at a future Council BID NO. B86-23, TEUMU E SYSTEM FOR CITY HALL (CONTINUED) City Manager Ron Wicker advised that during the recess they discussed the telephone bid with the apparent low bidder and it was brought to our attention that there were some items missing in that bid that did cause it to be that much greater a distance in the amount they bid and the other bidders. All the bids seem to be in order but there was an error in computing some items. Therefore, Mr. Wicker recommended Council rescind the award of bid to Interconnect Communication Corporation to give Staff time to properly evaluate all the bids and come back to Council at the next meeting with a recommendation. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council rescind award of Bid No. B86-23 and direct Staff to reconsider and recompute the bids and bring back to Council a recommendation at the next meeting. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:02 P.M. UNDER TEXAS REVISED CIVIL STATUTES ARTICLE 6252-17, SE7CTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S.; (2) Discussion of Landfill Permit Amendment; and (3) Ford vs. Pearland Wrecker and City. - SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment of Members to Animal Control Board, (2) Discussion of Appointment of Members to 1987 Charter Review Commission. MEETING RETURNED TO OPEN SESSION AT 10:27 P.M. - NO ACTION TAKEN The meeting adjourned at 10:27 P. M. Minutes approved as submitted and/or corrected this '�)- / day of ATTEST: C:�L� City Se retary A. D., 1987.