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1986-02-24 CITY COUNCIL REGULAR MEETING MINUTES202 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 24, 1986, 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/Mayor Pro Tem James Bost (entered at 7:58 P.M.) Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Terry Gray Dennis Frauenberger Richard Tetens Al Lentz Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilman Terry Gray. APPROVAL OF MINUTES It was moved by Councilman Lentz, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of February 10, 1986, be approved as submitted. Motion passed 4 to 0. Councilman Bost absent from the Chamber at the time. It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that the Minutes of the Public Hearing held on February 13, 1986, be approved as submitted. Motion passed 4 to 0. Councilman Bost absent from the Chamber at the time. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that the Minutes of the Special Meeting of February 17, 1986, be approved as submitted. Motion passed 4 to 0. Councilman Bost absent from the Chamber at the time. MAYOR'S ACTIVITY REPORT Mayor Reid stated his report will pass until further on in the Agenda. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS City Manager Ron Wicker reported we have now basically finished the remodeling of the activity center on South Grand which was the old library building. There are some minor things which need to be corrected but it is ready for immediate use and at some point in the future, we will have a dedication of the building. City Manager Wicker reported that as a result of all the public hearings and workshops, including the workshop last week and the report to the Planning and Zoning Commission last Tuesday, he feels the proposed zoning map and proposed text of the Lana Use and Urban Development Ordinance are now ready for Council consideration. Mr. Wicker presented this proposed map and text to the Mayor. Mayor Reid commented about the South Grand Activity Center. He remarked that the building belongs to the community and is available on a scheduling basis. This facility will generally be used by the senior citizens but can be used by other citizens as well. 203 CITIZENS Mr. John Moorman, with the Brazoria County Library System, first introduced two members of the Pearland Library Board, Betty Alexander and Faye Hunter who were present at the meeting. He, then, passed out several sheets of paper showing the Library System's -Monthly Statistical Report for December, 1985 and January, 1986 and reviewed the 1986 operating budget for the Pearland Library. Mr. Moorman thanked the Council members for their continued support. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS APPROVAL OF OFFICIAL NOTICE OF SALE OF $4,500,000 PUBLIC IMPROVEMENT BONDS, SERIES 1986, AND PRELIMINARY OFFICIAL STATEMENT City Manager Ron Wicker reported that the Staff has been working with Frank Ildebrando of Underwood -Neuhaus in preparation of the selling of $4,500,000 Public Improvement Bonds for additional funds for sewage treatment facilities, additional funds for widening of F.M. 518 and for the construction of the proposed City Hall. Frank Ildebrando_ explained he was present tonight to review with Council the prelimi- nary official statement and notice of sale and to ask for Council approval. Mr. Ildebrando called special attention to a portion in the statement relating to tax exemption which covers the changes that H.B. 3838 imposes on us when we sell bonds. He and the City Staff met with Vinson & Elkins, Bond Counsel for the City, and it was decided the City is going to meet all the conditions necessary. Mr. Ildebrando reported the bond market is in excellent condition and he would like to schedule the selling of the bonds for March 10. It was moved by Councilman Gray, seconded by Councilman Lentz, that the City accept and approve the preliminary official statement and notice of sale of $4,500,000 Public Improvement Bonds, Series 1986. Motion passed 4 to 0. Councilman Bost absent from the Chamber at the time. Mr. Ildebrando remarked that we have made application to the appropriate agencies and he expects the rating and insurance in timely fashion and thinks we will have a very good bond sale. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS BID NO. B86-4, TELEPHONE SYSTEM FOR PUBLIC SAFETY FACILITY Council reviewed the following bids: BIDDER BRAND TOTAL SYSTEM BID TELECOMMUNICATIONS SPECIALIST, INC. TIE/COMMUN. $ 23,431.51 COMMUNICOM, INC. A.T.& T./MERLIN 30,013.62 A. T. & T. A.T.& T./MERLIN 27,886.72 A. T. & T. A.T.& T./75 56,795.26 S. W. BELL TELECOM TELECOM 50 26,118.35 G_ T. E. OMNI SBCS 27,393.96 BIDDER BRAND TOTAL SYSTEM BID ALL PHASE/INTER-TEL INTER -TEL $ 29,162.30 1 W L COMMUN MITE/COMDIAL 36,740.00 City Manager Ron Wicker explained that since the Special Meeting last Monday night, the Staff has examined the pros and cons of the various telephone system bids received and the specifications we required in these bids. Also, they examined the Centrex system that had been mentioned at the Special Meeting and it was discovered that this system would not be available in Pearland until sometime in June. Mr. Wicker stated that he would, therefore, recommend the bid be awarded to G.T.E. in the amount of $17,393.96 as was originally bid. It was moved by Councilman Lentz, seconded by Councilman Tetens, that Bid No. B86-4, `telephone System for the Public Safety Facility, be awarded to G.T.E., based on their lowest responsible bid of $27,393.96. Motion passed 3 to 0. Councilman Gray and Councilman Bost absent from the Chamber at the time. NEW BUSINESS (Continued) DISCUSSION AND REVIEW OF PROPOSED ENTEX FRANCHISE ORDINANCE City Attorney Luke Daniel explained he had reviewed the proposed Entex Franchise Ordinance and had noted several areas of interest he would like to bring to the attention of the Council. He had prepared for Council's review a checklist of five items which were different in the proposed franchise and had also given this cneckiist to the Entex representatives present. Mr. Williams of Entex spoke about the proposed Entex franchise ordinance explaining tnat this was Entex's standard franchise proposal. City Attorney Daniel reviewed with Mr. Williams each of the five items on the checklist. After a general discussion between the Council and Mr. Williams, it was brought out that there were a few areas of concern which needed to be worked out. Mayor Reid requested that City Attorney Daniel and City Manager Wicker meet as a committee with representatives of Entex to work out these details in the franchise. RESOLUTION NO. R86-8, RESOLUTION OF ACCEPTANCE BY THE CITY OF PEARLAND OF MINUTE ORDER PASSED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON JANUARY 30, 1986 Resolution No. R86-8 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Resolution No. R86-8 be passed and approved on the first and only reading. Said Resolution No. R86-8 reads in caption as follows: RESOLUTION NO. R86-8 A RESOLUTION ACCEPTING THE PROPOSAL OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR WIDENING A PORTION OF F M 518 .IN THE CITY OF PEARLAND. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. 205 EXCUSED ABSENCE FOR COUNCILMAN BOST_FROM THE REGULAR MEETING HELD ON FEBRUARY 10, 1986 It was moved by Councilman Gray, seconded by Councilman Lentz, that Councilman Bost be excused from the regular meeting held on February 10, 1986. Motion passed 4 to 0. Councilman Bost abstained. RESOLUTION NO. R86-9, RESOLUTION AUTHORIZING MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY AND STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR LITTER LAW ENFORCEMENT City Manager Ron Wicker explained that the State has developed a new litter law enforcement program whereby they have some money set aside for local agencies who want to participate. Based on the number of citations issued, they will reimburse the City at a rate of $20 per citation with a maximum reimbursement of $5,000. If we participate in this program, it will assist us in making application for the Governor's Beautification Award because we will automatically receive a 10 point bonus in that application. Mr. Wicker stated he believed this program will be beneficial to our Clean Pearland effort and to Pearland as a whole. Resolution No. R86-9 was read in full by Councilman Tetens. It was moved by Councilman Tetens, seconded by Councilman Bost, that Resolution No. R86-9 be passed and approved on the first and only reading. Said Resolution No. R86- 9 reads in caption as follows: RESOLUTION NO. R86-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR TO EXE- CUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR LITTER LAW ENFORCE- MENT. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509, LAND USE AND URBAN DEVELOPMENT ORDINANCE AND APPROVAL OF OFFICIAL ZONING MAP TO BE INCLUDED THEREIN It was moved by Councilman Lentz, seconded by Councilman Tetens, that the official Land Use and Urban Development Ordinance No. 509 and the attached zoning map be received into the records of the City. Motion passed 5 to 0. City Manager Ron Wicker remarked he would like to bring everyone up-to-date on the changes made since the last public hearing on February 13. He said since that time the Council had considered some of the comments made at the hearing and at the workshop last week. He went through the text and explained each of the changes made. Mayor Reid commented that he believed we have received some very positive input from the citizens, especially at the last hearing, which will make this ordinance a work- able and better document. It was brought out that City Manager Wicker had met with the Planning and Zoning Commission at their meeting last Tuesday evening and reviewed with them all the potential changes since the time they made their recommendation to Council. At the meeting the Commission made several recommendations which were incorporated into these changes. Ordinance No. 509 was read in caption by Councilman Lentz.. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Gray, that Ordinance No. 509 be passed and approved on the first of two readings. Said Ordinance No. 509 reads in caption as follows: W ORDINANCE NO. 509 AN ORDINANCE ESTABLISHING LAND USE REGULATIONS AND DIVIDING THE CITY OF PEARLAND INTO LAND USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN, REGULATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN SPACES, LOT COVERAGE, OFF-STREET PARKING AND THE DENSITY OF URBAN DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1011a OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R86-10, RESOLUTION AUTHORIZING MAYOR TO SUBMIT APPLICATION FOR THE CITY TO PARTICIPATE IN READINESS PROGRAM OF THE TEXAS CITIES FOR ECONOMIC LEADERSHIP PROGRAM (TEXCEL) ADMINISTERED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION Resolution No. R86-10 was read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Bost, that Resolution No. R86-10 be passed and approved on the .first and only reading. Said Resolution No. R86-10 reads in caption as follows: RESOLUTION NO. R86-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR THE CITY OF PEARLAND TO PARTICIPATE IN THE READINESS PROGRAM OF THE TEXAS CITIES FOR ECONOMIC LEADERSHIP PROGRAM (TEXCEL) ADMINISTERED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION (TEDC). Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilman Tetens, seconded by Councilman Bost, that invoice dated January 30, 1986, Dansby & Miller, AIA Architects, for architectural services rendered on new City Administration Building, in the amount of $43,200.00 be approved and payment made from the appropriate funds. Motion passed 5 to .0. (b) It was moved by Councilman Tetens, seconded by Councilman Lentz, that Estimate No. 4, G & C Utilities, Inc., for work completed on drainage improvements in Sherwood I & II, Westminister and Nottingham Subdivisions, in the amount of $132,348.96 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilman Lentz, seconded by Councilman Tetens, that.Estimate No. 5, G. R. Grier, Inc., for the expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station, in the amount of $336,033.00 be approved and payment be made from the appropriate funds. Motion.passed 5 to 0. 207 OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:50 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Harris vs City of Pearland - SUBSECTION (g) PERSONNEL - (1) Appointment of Members to Library Board, (2) Appointment of Member to Electrical Board, and (3) Appointment of Member to the Planning and Zoning Commission MEETING RETURNED TO OPEN SESSION AT 9:15 P. M. - NO ACTION TAKEN The meeting adjourned at 9:15 P. M. Minutes approved as submitted and/or corrected this ZD day of Ls , A. D., 1986. Mayor ATTEST: - �L/� City cretary