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1987-09-14 CITY COUNCIL REGULAR MEETING MINUTES169 MRAYI'ES OF A RE 3MAR MEEPING OF THE CITY CaAUIL OF THE CITY OF PEAH AM, TEXAS, HEID ON SEPTEMBER 14, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The Meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember Councilmember City Manager Assistant City Manager Police Chief City Attorney James Bost Dennis Frauenberger Ronald J. Wicker Don Birkner Bob Riemenschneider Luke L. Daniel City Secretary Kay Krouse Absent from the Meeting: Councilmember Charles Mack The invocation was given by Councilmember James Bost. led by Assistant City Manager Don Birkner. The Pledge of Allegiance was It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the minutes of the regular meeting of August 24, 1987, be approved as submitted. Motion passed 3 to 0. Councilmember Bost abstained. Mayor Reid reported the Freedom Run held last Saturday was a big success. Proclamations issued by area Mayors honoring the 200th anniversary of the U. S. Constitution were relayed by Scouts from city to city to Galveston. Mayor Reid reported Councilmember Charles Mack is seriously ill and awaiting a heart transplant. City employees are keeping current on his condition and everyone wishes him well. Mayor Reid presented a proclamation to three members of St. Helen 8960 Council pro- claiming September 26, 1987, as "Knights of Columbus Day for the Hearing Impaired." None r;a1•:`;4hu�l ►0�: City Manager Ron Wicker introduced to the audience the new Assistant City Manager, Don Birkner. 2. David Miller, Pearland Properties. Mr. Miller discussed the sale of Clover Field Airport and requested Council consider participating in a feasibility study to determine the importance of that airport to the surrounding area or the implications of it not being there. 1. Emery Miller, Emchem Corp. Mr. Miller reviewed with Council information about the operations of his company, reading from his answer to citation filed by the City regarding the chemical waste spilled in the drainage ditches in front of his place of business. Mr. Miller stated he is trying to meet all the issues and is seeking cooperation with the City in cleaning up the spill. 170 Mayor Reid recognized from the audience students from a government class at Pearland High School. tA�Il�IIS'� ) BUSINESS ORDEWEE NO. 541, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FUR ME FISCAL YEAR BEGIflN1NG OCTOBER 1, 1987 AND ELIDING S YMVMER 30, 1988 Ordinance No. 541 read in caption by Councilmember Frauenberger. (Second Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 541 be passed and approved on the second and final reading. Said Ordinance No. 541 reads in caption as follows: ORDINANCE NO. 541 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGLVNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988. Voting "Aye" - Councilmembers Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 542, ORDINANCE LEVYING TAXES, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1987 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PUPPOISE Ordinance No. 542 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 542 be passed and approved on the second and final reading. Said Ordinance No. 542 reads in caption as follows: ORDINANCE NO. 542 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 TAXABLE YEAR 1987 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger. Voting "No" - None. Motion passed 4 to 0. BID NO. B87-12, BANK DEPOSITORY CONTRACT Council reviewed the following bids: FNB PSB WNB DEPOSITS Demand Deposits NOW Accounts Interest Rates 5 1/4916 5 1/4916 5 1/4916 Minimum balance $2,500 $1,000 $1,500 Super NOW Accounts Interest rates 5 1/2% 5% 1/2 under 3 month T -Bill Minimum balance $2,500 $1,000 $10,000 Service charges None None Balances below $10,000 FNB PSB WNB Time Deposits C. D.'s Less than $100,000 .25 pts under T -Bill .25 pts under T -Bill T -Bill C. D.'s Over $100,000 .125 pts under T -Bill .25 pts under T -Bill T -Bill Compounded When Daily Daily Annually (1) (1) The RFP required daily compounding OTHER SERVICES Charges for Handling Checks None None None (2) and Deposits (2) Excluding Super NOW Accounts Charges for Handling Temporary Overdrafts None None (3) (3) Where demand deposits of equal amounts are available in other accounts. LOAN SERVICES Rates of Interest and Maximum Loan Limits Rate of Interest Loan Limit None (3) Prime Prime Less 1916 Prime (Tex Commerce Bank) (First City Nat (Allied Bank Bank of Houston) of Houston) 8 1/4916 8 1/4910 (1%) 7 1/4% 8 1/4910 Not Indicated Not Indicated Not Indicated 171 Mr. Earl Lairson, Earl Lairson and Company, our City auditor, presented the following recommendation to the Council: Honorable Mayor and Council City of Pearland Pearland, Texas 77581 We have reviewed the bids from First National Bank of Pearland (FNB), Pearland State Bank (PSB), and Westside National Bank of Pearland (WNB) to serve as prime depository for the City of Pearland and to maintain custody of funds of the City for the period from October 1, 1987 to September 30, 1990. A summary of those bids is attached. The major areas of distinction between the proposals are as follows: 1. Pearland State Bank has offered to provide a rate of return on Certificates of Deposit in excess of $100,000 at T -Bill rate. This is .125% more favorable than the next highest bid. 2. Pearland State Bank's interest rate on Certificates of Deposit of less than $100,000 (equal to T -Bill rate) is .25% more favorable than the next highest bid. 3. Pearland State Bank's offer to loan funds at prime rates less than 1% is more favorable than the other bids of prime rate. i 172 4. Westside National Bank has deviated from the specifications set forth in the Request for Proposals which required daily compounding of interest income. The most significant distinctions here are the cost of borrowed funds and the interest earned on Certificates of Deposit. Pearland State Bank has presented the more favorable bid in these areas by charging less for borrowed funds and by providing a greater rate of return on invested funds. In our opinion, therefore, the bid submitted by Pearland State Bank is the most favorable for the City of Pearland. /s/ Earl Lairson & Company Houston, Texas August 31, 1987 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council award Bid No. B87-12, Bank Depository Contract to Pearland State Bank for a three- year contract. Motion passed 3 to 0. Councilmember Roberts absent from the Chambers at that time. APPOINTMENT OF MEER TO FILL UNEXPIRED TERM ON THE PI"UM AND ZONIING CESSION It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council appoint Benny Frank to fill the unexpired term of Bill Teasdale on the Planning and Zoning Commission; term to expire in April, 1988. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Benny Frank. ADJUSTMENT AND ENCUMBRANCE FR0M THE 1986-87 BUDGET City Manager Ron Wicker explained he was requesting Council to encumber $5,000.00 presently in Account No. 5303 and that it be transferred into the same account for budget year 1987-88 to allow for drainage and fencing work at the Old Settler's Cemetery. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Council encumber $5,000.00 in Account No. 5303 from the 1986-87 budget and carry it forward to same account in the 1987-88 budget. Motion passed 4 to 0. EMEM ABSENCE FUR CCUNCILMEJMBER aMRLFS MACK FROM THE SEYBMER 14, 1987 REaK AR SIL NEETING NG DUE TO II LESS It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Councilmember Charles Mack be excused from the meeting tonight because of his illness. Motion passed 4 to 0. APPROVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. DR -31751, Industrial International, Inc., for pipe for water line from Woodcreek to Regal Oaks in the amount of $16,410.00 be approved and payment made from the appropriate finds. Motion passed 4 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that invoice dated September 4, 1987, from Sears and Burns, Attorneys at Law, for legal services rendered in the amount of $4,089.61 be approved and payment made from the appropriate funds. Motion passed 4 to 0. 172 6:104 4* a 0.1'sli I s l MEETING RECESSED TO EXECUTIVE SESSION AT 8:29 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MF:F'P7 Wz RETURNED TO OPEN SESSION AT 8:52 P. M. - NO ACTION TAKEN Mayor Reid signed a certification to the effect and read the following items that were discussed in Executive Session: UNDER SUBSECTION (e) LEGAL - The City Attorney brought the Council and City Manager up-to-date on contemplated and pending litigation, discussing the following: (1) City of Pearland v. Emchem Corp., (2) State of Texas and City of Pearland v. B. M. Jamison et ux, (3) Ford v. Pearland Wrecker, and (4) Milstead v. City of Pearland. The meeting adjourned at 8:54 P. M. Minutes approved as submitted and/or corrected this A. D., 1987. ATTEST: �e�' 41_zx� City S4bretary