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.
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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
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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.
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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.