1985-09-09 CITY COUNCIL REGULAR MEETING MINUTES129
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON SEPTEMBER 9, 1985, 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
Councilman Terry Gray (entered at 7:35 P. M.)
Councilman Dennis Frauenberger
Councilman Richard Tetens
Councilman Al Lentz
City Manager Ronald J. Wicker
City Attorney Luke L. Daniel
City Secretary Kay Krouse
Absent from the meeting: Councilman/Mayor Pro Tem James Bost
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by
Brownie Troop No. 138.
APPROVAL OF MINUTES
It was moved by Councilman Lentz, seconded by Councilman Tetens, that the Minutes of
the Regular Meeting of August 26, 1985, be approved as submitted. Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid read a proclamation (one of six) proclaiming the month of September as PTA
Membership Drive Month in Pearland. Accepting proclamations were the PTA Presidents
and Membership Chairpersons representing each of the schools.
Mayor Reid presented a proclamation proclaiming September 9 through September 15,
1985 as Girl Scout Registration Week in Pearland to Jennifer Henderson, Alicia
Simpson and Ginny Kincaid of Brownie Troop 138.
Mayor Reid read a proclamation proclaiming September 22, 1985 as American Business
Women's Association Day in Pearland. Bonnie Cass accepted the proclamation on behalf
of the Rosette Chapter.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS: None
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
APPROVAL OF PARADE ROUTE FOR FOUNDERS' DAY
George Triebel, Chairman of Pearland Parks, Recreation and Beautification Board, and
Naomi Taylor, representative of Pearland Founders' Day Committee, appeared before
Council to discuss the proposed route for the Founders' Day parade on September 21,
1985. The Council was presented a map outlining in arrows the proposed route and
detours. The parade would begin at O'Day Road, come onto F. M. 518 and continue east
along 518, ending near Texas Avenue.
Police Chief Glenn Stanford presented the Council a map showing the proposed route
marked in yellow, detour routes marked in blue and the route in past years marked in
orange. The Chief stated he believed the proposed route this year on the west side
of town would be better, traffic -wise, than in the past years when the parade route
was on the east side of town.
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In answer to questions by the Council, the Chief stated they will have ten additional
police cars with officers to help with the detouring of traffic during the time of
the parade. There will be officers at the different intersections to direct the
traffic coming into Pearland and there will be detour signs as well.
It was moved by Councilman Frauenberger, seconded by Councilman Gray, that the
requested parade route by the Pearland Founders' Day Committee, as outlined in black
arrows on the Founders' Day Committee map and outlined in yellow on the Chief of
Police's map, be approved.
Motion passed 4 to 0.
Naomi Taylor invited Council to attend the Dignitary Breakfast at the Green Onion at
8:30 the morning of the parade and also invited all the Council to ride in the
parade.
BID NO. B85-19, BANK DEPOSITORY CONTRACT
The Council reviewed the following bids:
DEPOSITS
Demand Deposits
NOW Accounts
Super NOW Accounts
Service Charges
5 1/4% - $1,500
Minimum
T -Bill Rate Less
1/2% $10,000 Min.
Bal.Below $10,000
Time Deposits
C.D.'s Less than $100,000 T -Bill
C.D.'s Over $100,000 Fixed .25 Pts.
Over 1' -Bill Rate
Compounded When Annually (1)
(1) The submission for bids
required daily compounding.
Limitation $5 Million Max.
Charges for Handling Checks
and Deposits None (2)
(2) Excluding Super NOW
Account.
Charges for Handling Temporary
Overdrafts None
(3) Where demand deposits of
equal amounts are available
in other accounts.
PSB
FNB
5 1/4% - $1,000 5 1/40 - $1,000
Minimum Minimum
FCNB Rate (Cur. TCB Pate
6%) $1,000 Min. $1,000 Min.
None None
T -Bill .26 Pts. Over
T -Bill
Floating .52 Pts. Floating .51
Over T -Bill Rate Pts.Over T -Bill
Rate
Daily Daily
None Indicated None Indicated
None None
None (3) None
LOAN SERVICES
Rates of Interest and Maximum
Loan Limit
Rate of Interest Prime Plus 1%
(Allied)
Loan Limit Not Indicated
Lease Purchase Prime Plus 1%
(Allied)
PSB
Prime Less 2%
(FCNB)
Not Indicated
Prime Less 2%
(FCNB)
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Prime less .25
of 1% (TCB)
Not Indicated
Prime
(TCB)
Mr. Earl Lairson, Earl Lairson & Company, our City Auditor, presented the following
recommendation to the Council:
We have reviewed the bids from Westside National Bank of Pearland (WNB) , Pearland
State Bank (PSB) and First National Bank of Pearland (FNB) to serve as prime
depository for the City of Pearland and maintain custody of funds of the City for the
period from October 1, 1985 to September 30, 1987.
The major areas of distinction between the proposals are as follows:
1. Pearland State Bank's offer to loan funds at prime less 2%
is significantly less than the other bids of prime rate.
Pearland State Bank's bid has a similar cost advantage for
lease purchase financing.
2. Pearland State Bank has offered to provide a rate of return
on Certificates of Deposit in excess of $100,000 at T -Bill
rate plus .52%. This is .01% better than the next highest
bid.
3. On Certificates of Deposit of less than $100,000, First
National Bank's rate of interest is .26% better than the
next highest bid.
4. Westside National Bank has deviated from the submission
for bids which required daily compounding of interest income.
5. Westside National Bank has indicated a maximum for depository
funds of $5 million because of regulatory restrictions.
The most significant distinctions here are in the cost of borrowed funds and in the
interest earned on Certificates of Deposit over $100,000. Pearland State Bank has
presented the most attractive 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 best bid for the City of
Pearland.
/s/ Earl Lairson & Co.
It was moved by Councilman Gray, seconded by Councilman Lentz, that upon the
recommendation of Earl Lairson & Company, Bid No. B85-19, Bank Depository Contract be
awarded to Pearland State Bank and the Mayor be authorized to sign the contract.
Motion passed 4 to 0.
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UNFINISHED BUSINESS
ORDINANCE NO. 499, AN ORDINANCE AMENDING SECTION 1-11 OF THE CITY CODE OF ORDINANCES
CHANGING GENERAL PENALTY FOR VIOLATION OF CODE TO MAXIMUM $1,000 FINE ON HEALTH,
SANITATION AND FIRE SAFETY PROVISIONS
Ordinance No. 499 read in caption by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Tetens, that Ordinance No.
499 be passed and approved on the second and final reading. Said Ordinance No. 499
reads in caption as follows:
ORDINANCE NO. 499
AN ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A GENERAL PENALTY
NOT TO EXCEED $1,000.00 FOR VIOLATION OF ANY OF THE PROVISIONS
OF CHAPTERS 6 (ANIMALS AND FOCAL), 10 (FIRE PREVENTION AND PRO-
TECTION), 11 (FOOD AND FOOD HANDLERS), 13 (HEALTH AND SANITA-
TION), AND 16 (MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF ORD-
INANCES FOR WHICH NO SPECIFIC PENALTY IS PROVIDED; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFI-
CATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Tetens, and
Councilman Lentz
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 441-1, AN ORDINANCE AMENDING SECTION 10-116(b) OF THE CITY CODE OF
ORDINANCES PROVIDING FOR A MAXIMUM FINE OF $1,000 FOR FIRE LANES VIOLATIONS
Ordinance No. 441-1 read in caption by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Ordinance
No. 441-1 be passed and approved on the second and final reading. Said Ordinance No.
441-1 reads in caption as follows:
ORDINANCE NO. 441-1
AN ORDINANCE AMENDING SECTION 10-116(b) OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000
PENALTY FOR VIOLATION OF ARTICLE VI OF CHAPTER 10 OF THE CODE OF
ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Frauenberger, and
Councilman Gray
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 238-1, AN ORDINANCE AMENDING SECTION 10-67 OF CITY CODE OF ORDINANCES
PROVIDING FOR MAXIMUM $1,000.00 FINE FOR VIOLATIONS OF CITY FIREWORKS ORDINANCE
Ordinance No. 238-1 read in caption by Councilman Tetens. (Second Reading)
It was moved by Councilman Tetens, seconded by Councilman Lentz, that Ordinance No.
238-1 be passed and approved on the second and final reading. Said Ordinance No.
238-1 reads in caption as follows:
ORDINANCE NO. 238-1
AN ORDINANCE AMENDING SECTION 10-67 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000
PENALTY FOR VIOLATION OF DIVISION 3 OF ARTICLE III OF CHAPTER 10
OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A RE-
PEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
133
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Tetens, and
Councilman Lentz
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 181-2, AN ORDINANCE AMENDING SECTION 12-6 OF THE CITY CODE OF
ORDINANCES CHANGING THE PENALTY TO MAXIMUM OF $1,000.00 FINE FOR VIOLATION OF CHAPTER
12, GARBAGE AND TRASH
Ordinance No. 181-2 read in caption by Councilman Lentz. (Second Reading)
It was moved by Councilman Lentz, seconded by Councilman Tetens, that Ordinance No.
181-2 be passed and approved on the second and final reading. Said Ordinance No.
181-2 reads in caption as follows:
ORDINANCE NO. 181-2
AN ORDINANCE AMENDING SECTION 12-6 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000
PENALTY FOR VIOLATION OF CHAPTER 12 OF THE CODE OF ORDINANCES;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Frauenberger, and
Councilman Gray
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 497, ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1985
ORDINANCE NO. 498, ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING
FUND
Upon the recommendation of City Manager Ron Wicker the above two items were passed
until a future agenda when the approved tax roll is received.
NEW BUSINESS (CONTINUED)
EXCUSED ABSENCE FOR COUNCILMAN JAMES BOST FROM SEPTEMBER 9, 1985 REGULAR MEETING
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Councilman
James Bost be excused from the regular meeting of September 9, 1985; the reason being
that he is out of town on vacation.
Motion passed 4 to 0.
ORDINANCE NO. 501, AN ORDINANCE ESTABLISHING FEES TO RECOVER COSTS EXPENDED BY WATER
AND SEWER ACCOUNTING AND COLLECTION DEPARTMENT IN PROCESSING RETURNED CHECKS
Ordinance No. 501 read in caption by Councilman Gray. (First Reading)
City Attorney Luke Daniel explained that this ordinance only pertains to water, sewer
and garbage service checks returned and subsequently there will be other ordinances
for Council's consideration relating to other departments where checks are returned.
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance
No. 502 be passed and approved on the first of two readings. Said Ordinance No. 501
reads in caption as follows:
ORDINANCE NO. 501
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING FEES
TO RECOVER COSTS EXPENDED BY THE WATER AND SEWER ACCOUNTING
AND COLLECTION DEPARTMENT OF THE CITY IN PROCESSING RETURNED
CHECKS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
1C�4
Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Frauenberger, and
Councilman Gray.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 500, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT
PERIOD OCTOBER 1, 1985 - SEPTEMBER 30, 1986
The above item was passed until a future agenda.
ORDINANCE NO. 450-2, AN ORDINANCE AMENDING ORDINANCE NO. 450, POLICEMEN'S CIVIL
SERVICE ORDINANCE
Ordinance No. 450-2 read in caption by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Ordinance
No. 450-2 be passed and approved on the first of two readings. Said Ordinance No.
450-2 reads in caption as follows:
ORDINANCE NO. 450-2
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
CLASSIFICATION FOR ALL POLICEMEN, ESTABLISHING THE NUMBER
OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTAB-
LISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICA-
TION, ALL PURSUANT TO SECTION 8A OF ARTICLE 1269m,
V. A. C. S. OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A
REPEALING CLAUSE; AN EFFECTIVE DATE, AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Tetens, and
Councilman Lentz
Voting "No" - None
Motion passed 4 to 0.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 8:30 P.M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
- SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Figueroa vs.
City; (2) Article 1269m V.A.T.C.S. and (3) Nunez and Beal vs City
MEETING RETURNED TO OPEN SESSION AT 9:03 P.M. - No action taken
ADJOURN:
The meeting adjourned at 9:03 P. M.
Minutes approved as submitted and/or corrected this day
A. D., 1985.
Mayor
ATTEST:
City S retary