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1987-02-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETM OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 23, 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 Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Charles Mack Councilmember James Bost Councilmember Richard Tetens Councilmember Stella Roberts City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse INVOCATION AND PIECE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge was led by Councilmember Richard Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Regular Meeting of February 9, 1987, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming February 28, 1987 as "Mardi Gras Parade Day" in Pearland. Accepting the proclamation were members, dressed in costumes, of the Mardi Gras Parade Committee. C WVA ►+`+ Deborah Brown, representing Mardi Gras Parade Committee. Mrs. Brown requested approval from Council of the parade route for the Second Annual Mardi Gras Parade on February 28, 1987. Mrs. Brown stated that the parade will begin at the end of Country Club Drive in Green Tee, come up Country Club Drive, cross F. M. 518, continue on Liberty Drive and end at Independence Park. max. •._ r I�« City Manager Ron Wicker advised that the Park Board met last weekend and approved the parade and its route. Chief Riemenschneider advised he has reviewed the parade route with the Committee and saw no problem. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the requested parade route for the Second Annual Mardi Gras Parade in Green Tee be granted as requested. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT (CONTINUED) Mayor Reid issued a proclamation proclaiming the month of March as "Mental Retardation Month" in Pearland. COUNCIL ACTIVITY REPORTS: None �I' • ' 4 ISI .��. �' City Manager Ron Wicker reported that the contractor for the new City Hall is still shooting for the completion date of March 15. If that date is met, we anticipate our moving -in time to begin around April 15. City Attorney Luke Daniel reported he provided Council with a letter from the Federal Aviation Administration concerning Pearland Pavilion. The FAA approved the engineering drawing submitted to them showing the section of South Galveston in the subdivision which restricts traffic from entering an area that would be hazardous to aircraft operations at the Pearl and Heliport; however, all that is lacking is the installation of a 4 -foot chain link fence along the curb in that area. This fence installation had been agreed to previously but was not shown on the drawing. CITIZENS (CONTINUED) Terri DuRant, representing Pearland Little League. Mrs. DuRant requested approval from Council of the parade route for the Opening Day Little League Parade on March 28, 1987. Mrs. DuRant stated the parade will begin at the old TG&Y center at 9:00 A. M., come onto Sherwood, turn on F. M. 518 and come up to Grand Blvd. and disperse on either side of Grand Blvd. NEW BUSINESS (CONTINUED) COUNCIL DECISION ON PARADE ROUTE FOR PEARLA14D LITTLE LEAGUE PARADE ON MARCH 28, 1987 City Manager Ron Wicker and Chief of Police Riemenschneider both stated they saw no problems with the parade route. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the parade route for the Pearland Little League Parade on March 28, 1987 be approved. Motion passed 5 to 0. DOCKS= PUBLIC HEARINGS: None UNFINISHED BUSINESS APPOINT OF MEMBER TO THE 1987 CHARTER REVIEW COMMISSION Mayor Reid advised that the Personnel Committee contacted Toby Lytle and he has agreed to serve as the fifth member of the 1987 Charter Review Commission. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Toby Lytle be approved as the remaining member of the Charter Review Commission for 1987. Motion passed 5 to 0. NEW BUSINESS (CONTINUED) PRESENTATION OF AUDIT - EARL LA RSON & COMPANY, C ERTTFTM PUBLIC ACCOUNTANTS Mr. Earl Lairson of Earl Lairson & Company presented the Annual Financial Report for the Fiscal Year ending September 30, 1986. Mr. Lairson reviewed with Council the highlights of this report. ACCEPTANCE OF AUDIT INTO RECORDS OF THE CITY �- It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the annual audit as presented by Earl Lairson be accepted into the City records. Motion passed 5 to 0. ORDINANCE NO. 532, ORDINANCE ADOPTING NEW RULES REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE NATIONAL FLOOD INSURANCE PROGRAM, REPEALING ORDINANCE NO. 372-1, AND DECLARING AN II ,'Y City Manager Ron Wicker explained that about the first of this month we received a letter from Mr. Alton Ray, Jr. of the Federal Emergency Management Agency, informing us of the requirement to adopt a new ordinance which would include the new rule changes to the National Flood Insurance Program, and with the understanding that if iS the ordinance is not adopted and back to them before the deadline of March 1, 1987, we stand to lose all coverage from flood insurance as far as FEMA is concerned. There appears to be some minor changes in some definitions and requirements but it is totally in line with our practices in the past as well as the future, Mr. Wicker said, and he would recommend approval. Ordinance No. 532 read in caption by Councilmember Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 532 be passed and approved on this its only reading as an emergency ordinance. Ordinance No. 532 reads in caption as follows: ORDINANCE NO. 532 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING DEFINITIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD - PRONE AREAS; COMPLIANCE, ABROGATION, INTERPRETATION, WARNING AND DISCLAIMER ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO FLOOD DAMAGE PREVENTION; AND DECLARING AN EMERGENCY DUE TO POTENTIAL LOSS OF NATIONAL FLOOD INSURANCE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R87-6, RESOLUTION ADOPTING GARBAGE RATES TO BE CHARGED WITHIN CITY City Manager Ron Wicker explained that since our change -over to the new container type dumpsters for our commercial users, we are now using only three -,yard containers as opposed to the two -yard and the four -to -six yard containers used in the past. This Resolution will bring our current rules in line with current practices. Resolution No. R87-6 read in its entirety by Councilmember Frauenberger and Councilmember Tetens. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Resolution No. R87-6 be passed and approved on the first and only reading. Said Resolution No. R87-6 reads in caption as follows: RESOLUTION NO. R87-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P.ARLAND, TEXAS, DETERMINING CHARGES FOR GARBAGE AND TRASH SERVICE FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 12, SECTION 12-31 OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R87-7, RESOLUTION SUPPORTING TORT REFORM City Attorney Luke Daniel explained that over recent years our State, as well as our Nation, has experienced an increase in tort liability and damage awards. These excessive court awards have created a detrimental impact on the financial conditions of cities, which in turn puts the burden on taxpayers because insurance premiums have increased tremendously and in some instances have become unavailable to Texas cities. To counteract this crisis, a move has begun for tort reform in the 1987 Texas Legis- lature whereby there would be a limit to the kind, nature and amount of damages that could be recovered in personal injury type lawsuits. Resolution No. R87-7 read in its entirety by City Attorney Luke Daniel. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R87-7 be passed and approved on the first and only reading. Said Resolution No. R87-7 reads in caption as follows: RESOLUTION NO. R87-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING TORT REFORM. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember P~ Frauenberger, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. *14,1111111.1411MIg1j: 111411, Resolution No. R87-8 read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Mack, that Resolution No. R87-8 be passed and approved on the first and only reading. Said Resolution No. R87-8 reads in caption as follows: 10 WID F 13 W i A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. RESOLUTION 140. R87-9, RESOLUTION CHANGING THE SECOND REGULAR MEET1 G DATE IN MARCH, 1987, DUE TO BRAZORIA.COUNTY DAYS AT THE STATE LEGISLATURE IN AUSTIN, TEXAS City Manager Ron Wicker recommended, in order for City Staff and Council to attend the Brazoria County Days in Austin this year, that the second meeting date in March be changed. It was recommended the date be changed to Thursday, March 26, 1987. Resolution No. R87-9 read in its entirety by Councilmember Mack. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Resolution �To. R87-9 be passed and approved on the first and only reading. Said Resolution No. R87-9 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND REGULAR. MEETING DATE IN MARCH, 1987, DUE TO BRAZORIA COUNTY DAYS AT THE TEXAS LEGISLATURE IN AUSTIN, TEXAS. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting --No-- - None. Motion passed 5 to 0. APPOINTMENT OF TWO NIRS TO LIBRARY BOARD FOR A THREE YEAR TEEM It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Mrs. Fay Hunter and Mrs. Judy Demecs be appointed for an additional three-year term on the Library Board. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Robert Kettle and Charlie Michna be appointed for another two-year term on the Electrical Board. Motion passed 5 to 0. AWARD OF BID NO. B87-1, FOR PEAR1AND POLICE DEPARTME24T AND MUNICIP.41 • ,• City Manager Ron Wicker presented a bid tabulation of the six bids received, and explained that he and Chief Riemenschneider had reviewed each bid item by item. In the apparent low bid from Infosol, Inc. there was a problem in the minimum disk storage, the specs called for 200 MB and Infosol bid 190 MB. The next apparent low bid meeting specs was from Information Communication Corp. in the amount of $81,706.00. .A general discussion followed. Members of Council expressed concerns about the considerable difference between the bid from Infosol, in the amount of $56,306.00, and the bid from Information Communication Corp. Questions were raised on items required in the specs. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council reject all bids on Bid No. B87-1 and instruct Staff to look into rebidding with the possibility of other added features required in the new specifications. Motion passed 4 to 1. Councilmember Frauenberger voted against. APPROVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice dated February 18, 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 $4,964.18 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 9476, Dansby & Miller, AIA Architects, for inspection services at new City Hall, in the amount of $922.60 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application for Payment No. 9, LOSCO, Inc., for construction of new City Hall, in the amount of $75,543.05 be approved and payment made from the appropriate Hands. Motion passed 5 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application for Payment No. 2, Gehring Construction, Inc., for sanitary landfill pit excavation and lining, in the amount of $7,514.55 be approved and payment made from the appropriate funds. Motion passed 5 to 0. CHANGE ORDER TO IMCO, INC. FOR COVERED WALKWAY FROM COMMUNITY BUILDING TO NEW CITY HALL City Manager Ron Wicker remarked that there had been discussions between Council and Staff regarding the possibility of a covered walkway that would connect the Community Center and Library Building with the new City Hall. Mr. Miller, the architect, was requested to work up a drawing/proposal on what he thought the structure would cost. He has since submitted the proposal and he estimates the amount to be around $20,000. Mr. Wicker presented the drawing for Council review. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that we •I • issue a change order for LOSCO, Inc. for a covered walkway from the Community Building to the new City Hall as per Dansby & Miller's plans and specs with cost estimated to be $20,000.00 Motion passed 5 to 0. ORDEVUICE NO. 533, ORDINANCE DECLARING THE PUBLIC NN©CESSITY FOR IMPROVEMENTS AUDNG F. M. 518 WITHIN THE CITY OF PEARLAND FROM WESTMINISTER STREET TO THE GALVESTON COUNTY LINE, AND FURTHER DECLARING THE PUBLIC NECESSITY TO OBTAIN RIGHT-OF-WAY AS NEEDED TO ENSURE A CONTINUOUS 100' RIGHT-OF-WAY THEREUPON City Manager Ron Wicker advised that in order to proceed in a timely manner for the widening of F. M. 518, it is important for Council to approve Ordinance No. 533. Ordinance No. 533 read in caption by Councilmember Mack. (First Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 533 be passed and approved on the first of two readings. Said Ordinance No. 533 reads in caption as follows: ORDINANCE NO. 533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE PUBLIC NECESSITY FOR THE IMPROVEMENT AND WIDENING OF F.M. 518 FROM WESTMINISTER STREET EAST TO THE GALVESTON COUNTY LINE IN THE CITY AND FOR THE ACQUISITION OF RIGHT-OF-WAY FOR SAME; PROVIDING FOR AN EFFECTIVE DATE, AND HAVING OTHER PRO- VISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. AUTFURIZATION FOR THE CLERK OF THE MUNICIPAL COURT TO DEPUTIZE POLSCE DISPATCHERS FOR THE PURPOSE OF RECEIVING COMPLAINTS INTO THE COURT RECORDS AFTER REGULAR BUSINESS HOURS City Attorney Luke Daniel advised there has been a recent change in policy in which the Municipal Court Judges are now on call seven days a week and arraign persons who are arrested on misdemeanor and felony offenses. State law allows us up to five calendar days to arraign those charged; however, it is in the interest of local residents and persons not charged with a serious offense to allow them to make bond and get out of jail as soon as possible after arraignment. In order to arraign someone, a complaint is signed and sworn to by the complaining witness or officer and received into the records of the court. Therefore, it is recommended that the Clerk of the Municipal Court be authorized to deputize Police Dispatchers for the sole purpose of receiving complaints into the municpal court records after regular business hours. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the Clerk of the Municipal Court be authorized to deputize police dispatchers for the purpose of receiving complaints into the court records after regular business hours. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:24 P. M. UNDER TEXAS REVISED CIVIL STATUTUES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation; (1) Article 1269m V.A.T.C.S., (2) Discussion of Landfill Permit, and (3) MECA v. B. M. Jamison et ux. - SUBSECTION (g) PERSONNEL - Discussion of Appointment of Initial Member to Board of Directors for MUD No. 6. NEW BUSINESS (CONTINUED) 0' APPOINTMENT OF INITIAL MEMBER TO BOARD OF DIRECTORS FOR MUNICIPAL UTILITY DISTRICT (MUD) NO. 6 Mayor Reid advised that a candidate has been recommended, and it was requested that City Manager Ron Wicker contact the individual, and this item will be brought back to Council at a future date. CITY OF PEARLAND WITHDRAWIM LANDFILL AMEnIDNEM APPLICATION As members of a committee, Councilmembers Frauenberger and Mack had recently met with representatives of the City of Manvel to discuss our Landfill Amendment Application. Councilmember Frauenberger stated, in view of some of the public opposition to our present application for amendment to our landfill and the effects that some of their opposition has had on some of the requirements which would be imposed in the amend- ment to the application, we feel that the cost would be counterproductive when continuing with this particular amendment; and also the fact that we want to be as good a neighbor as possible to our friends in the Manvel area. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the City withdraw its Landfill Amendment Application No. 126A at this time. Motion passed 5 to 0. It was mentioned that the City will continue to operate under the rules and regulations of our present permit and proceed in this manner for a few more years. �X. 4 TAI Meeting adjourned at 10:24 P. M. Minutes approved as submitted and/or correct( ATTEST: City Wecretary A. b., 1987.