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1986-03-24 CITY COUNCIL REGULAR MEETING MINUTES226 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEA11LAND, TEXAS, HELD ON MARCH 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 Councilman Councilman Councilman Councilman Assistant City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Al Lentz Richard Tetens Dennis Frauenberger Terry Gray Gary Jackson Luke L. Daniel Kay Krouse The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of Allegiance was led by Ed Grisham, President of the Pearland/Hobby Area Chamber of Commerce. APPROVAL OF MINUTES It was moved by Councilman Lentz, seconded by Councilman Bost, that the Minutes of the Regular Meeting of March 10, 1986, be approved as submitted. - Motion passed 5 to 0. It was moved by Councilman Bost, seconded by Councilman Lentz, that the Minutes of the Special Meeting of March 17, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid read a letter he had received from Mark White, Governor of Texas, informing him that the City of Pearland has been accepted to participate in the Readiness Track of the new Texas Cities for Economic Leadership Program (TEXCEL) , administered through the Texas Economic Development Commission. Mayor Reid stated that this was an excellent example of the Chamber of Commerce and the City Government working together on economic improvement for our area. Mayor Reid presented a proclamation, proclaiming April 1-7 as Texas and Pearland Business and Industry Week, to Chamber President Ed Grisham. Mayor Reid read a proclamation proclaiming April as Child Abuse Prevention Month in Pearland. COUNCIL ACTIVITY REPORTS Councilman Lentz reported that the Planning and Development Committee met last Monday night. As a result, there is a letter included in the Council packets in which the Committee has formulated some recommendations concerning the zoning along C.R. 127 and Dixie Farm Road. REPORTS Assistant City Manager Gary Jackson reported on the status of our $4.5 Million Public Improvement Bonds which we opened bids for the purchase of at our March 10 meeting. Last Wednesday, U. S. Senator Packwood, Chairman of the Senate Finance Committee, announced that his committee was seriously considering taxing all bonds retroactively. Because of this statement, the municipal bond market shut down. Since then, there has been a committee vote of the Senate Finance Committee and the 227 proposal to retroactively tax municipal bonds has been overwhelmingly defeated. So, hopefully, we are back on schedule, with the bond purchaser going through with our plan of buying the bonds at the interest rate indicated and with delivery on or about the 14th of April. City Attorney Luke Daniel announced that the second meeting of the Animal Control Ordinance Committee will be the second Tuesday in April, and he feels that the Committee will be proceeding towards firming up some ideas in the near future. CITIZENS 1. Ms. Cathy D. Bussa, 2703 Livingston, Pearland. Ms. Bussa spoke to Council about an ongoing problem with children and some adults riding dirt bikes, trail bikes and three-wheelers in the drainage ditch and adjoining private property in South Corrigan Subdivision. These vehicles, she said, are very noisy, dangerous, and destroy the land and ditches on which they are ridden. She would like to request an ordinance be prepared which would control all similar motorized vehicles. Ms. Bussa presented Council a folder with pictures of some of these riders showing the damage being done to the property in her area. Included in the folder were letters from other property owners who are having the same problem. 2. Ms. Vicki Duncan, 2702 Livingston, Pearland. Ms. Duncan also requested an ordinance be prepared by the City to control motorized vehicles and expressed her concerns about the dangers and liability the City could possibly face should a rider on one of these vehicles be injured on public property. . 3. Mr. Mohammed A. Swati, 8003 John Ralston Rd., Houston, Texas, signed to speak before Council but was not present at the meeting. 4. Mr. Ed Grisham, President of Pearland/Hobby Area Chamber of Commerce. In light of the recent adverse publicity the Pearland EMS has received, Mr. Grisham remarked that he was speaking on behalf of the Chamber and was voicing their continued gratitude, confidence, trust and support of all the volunteers who serve in the Pearland Emergency Medical Services organization. The Chamber, he said, totally believes that the Pearland EMS provides a vital, first class service to all citizens of the area. Mayor Reid recognized from the audience, Billye Arcemant, the Executive Vice President of the Pearland/Hobby Area Chamber. 5. Mrs. Frances Fisher, 2408 Frances, Pearland. Mrs. Fisher said she was speaking also on behalf of Mike Mason and Cheryl and Doug Holmes by expressing her whole- hearted agreement with Mr. Grisham in support of the Pearland EMS. She stated she believed that because some of the people are not performing to their skills level, the organization is having problems and if things could have been handled through the proper channels, the situation would not be as it was today. 6. Mr. David Smith, Director of Pearland Emergency Medical -Services. Mr. Smith presented to Council packets containing training information involving the EMS organization. Mr. Smith stated that one of the reasons for his appearing here tonight was to refute the widely publicized statement that the Pearland EMS is in turmoil and to apologize for the recent publicity. He added that he also is sending apologies from Dr. David Prentice, Medical Director, who is out of State tonight. Mr. Smith introduced members from the Friendswood Emergency Medical Services and Mr. Robert McKay, Ambulance Chief, read a letter he had sent to Mr. Smith pledging Friendswood EMS's support and backup to Pearland. Mr. Smith gave a report on the operations of the EMS and stated that in.all levels of certification, the Pearland EMS requires more of its members than the State minimum. Mr. Smith informed Council that this afternoon he received a letter signed by every voting member of the Pearland EMS. He read the last sentence of that letter which stated:"We feel that the Pearland EMS is a stronger and a more unified organization today than it ever has been before." Mayor Reid commented on the history of the Pearland EMS. He remarked that all of the present and past members of the Pearland EMS should be highly commended for their service to the community. He said he believed it was well within the "American way" for members of an organization to disagree but he may dispute methods people use to disagree. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS 228 RESOLUTION NO. R86-11, RESOLUTION BY CITY COUNCIL IN SUPPORT OF PEARLAND EMERGENCY MEDICAL SERVICES Resolution No. R86-11 read in full by Councilman Tetens. It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that Resolution No. R86-11 be passed and approved on the first and only reading. Said Resolution No. R86-11 reads in caption as follows: RESOLUTION NO. R86-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, IN SUPPORT OF PEARLAND AREA EMERGENCY MEDICAL SERVICE (PEARLAND EMS). Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. MEETING WAS RECESSED AT 8:25 P. M. MEETING RECONVENED AT 8:44 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: AUTHORIZATION FOR MAYOR TO EXECUTE AMENDMENT TO EXISTING ENGINEERING CONTRACT WITH WALSH ENGINEERING, INC. TO RENDER PROFESSIONAL SERVICES NECESSARY FOR COMPLETION OF CERTAIN IMPROVEMENTS ASSOCIATED WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION'S FM 518 WIDENING.PROJECT Assistant City Manager Gary Jackson explained that this is an amendment to an existing contract and includes the intersection at Old Alvin Road, Walnut and Barry Rose Road. It was moved by Councilman Lentz, seconded by Councilman Tetens, that the Mayor be authorized to execute Amendment No. 1 to the Agreement for Engineering Services with Walsh Engineering for the improvements on the 518 Widening Project, which specifically covers intersection improvements at Old Alvin Road, Walnut and Barry Rose Road. Motion.passed 5 to 0. NEW BUSINESS (Continued) APPROVAL OF PROCEEDING WITH NEGOTIATIONS TO PUT A CONCESSION STAND AT INDEPENDENCE PARK Assistant City Manager Gary Jackson explained the softball program at the park is underway and is becoming more and .more popular and one of the most insistent requests we get is for a concession stand out there. It is proposed to have a food/drink (no alcoholic beverages) located. adjacent to the softball field at Independence Park. We would like to begin negotiations for the operation of this stand with various companies. The stand could be on a contract basis and the City could.establish the percentage of the gross to be paid to the City. In Council discussion it was mentioned that the City might operate the concession. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that the City Staff be authorized to proceed with negotiations to come up with a recommendation on concession stand operation at Independence Park, be it by outside concessionaire or the City, and make recommendation back to Council. Motion passed 5 to 0. APPROVAL OF POLICY FOR INSTALLATION OF STORM SEWER PIPE BY THE CITY OF PEARLAND Public Works Director Bill Thomasset explained that the Staff would like to establish a policy whereby anyone requesting the City to install driveway culverts or storm drain pipe will pay the City for this service. 229 It was moved by Councilman Lentz, seconded by Councilman Bost, that the Council approve the policy and fee schedule as recommended by the Public Works Department for the installation of storm sewer pipe by the City of Pearland. Motion passed 5 to 0. COUNCIL DISCUSSION ON PROPOSED HOUSTON LIGHTING AND POWER COMPANY RATE INCREASE AND POSSIBLE CALL OF PUBLIC HEARINQ City Attorney Luke Daniel explained that recently HL&P has submitted a petition to the Public Utility Commission for authorization to change rates. Basically, they are applying for an increase in the base rate of $347M. If no action is taken by the Council by April 23, the rate increase will go into effect. Action by the Council, Mr. Daniel said, could be either the calling of a public hearing to discuss the matter; then denying or approving the .increase or by resolution suspending the rates for 90 days; then coming back and denying or approving the rate increase. It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that the City Attorney be instructed to prepare the necessary resolution to suspend the rates requested by Houston Lighting and Power for 90 days, and in addition, the Staff look into what the other surrounding cities.are doing about this rate increase request. Motion passed 5 to 0. ORDINANCE NO. 508, ELATE% FRANCHISE ORDINANCE City Attorney Daniel informed Council that the Entex franchise is still in the hands of the Entex legal staff and the item should be passed to a future agenda. AWARD OF FOLLOWING BIDS (a) Bid No. B86-8, Diesel Powered Riding Front Mower Council reviewed the following bids: VENDOR !MAKE PRICE DELIVERY DATE ALTERNATE GOLDTHWAITES TORO GROUNDSMASTER OF TEXAS, INC. 322-D $9,469.20 30 DAYS BROOKSIDE EQUIPMENT JOHN DEERE F935 8,143.00 30 DAYS TUNNEY'S LAWNMOWER JOHN DEERE F935 9,777.75 15 DAYS WATSON DISTRIBUTING JACOBSEN DW224 #66074 8,930.00 10-14 DAYS WATSON DISTRIBUTING JACOBSEN DW220 #66072 8,150.00 10-14 DAYS YES WATSON DISTRIBUTING HOWARD PRICE TB422-3 7,154.00 30 DAYS YES r Assistant City Manager Gary Jackson recommended Council award the bid for the diesel powered front riding mower to Brookside Equipment Company who is the lowest bidder meeting all of the specifications. It was moved by Councilman Gray, seconded by Councilman Bost, that Bid No. B86-8, Diesel Powered Riding Front Mower, be awarded to Brookside Equipment Company in the amount of $8,143.00 and payment made from the appropriate funds. Motion passed 5 to 0_ X110 (b) Bid No. B86-9, Liquid Chlorine Council reviewed the following bids: 150 LB. CYLINDERS 2000 LB. CYLINDERS ANT OF NOTICE DELIVERY VENDOR PRICE PER LB. PRICE PER LB. NEEDED BY CITY TINE THOMPSON-HAYWARD CHEMICAL COMPANY - - - - - - - - - - - - ACETYLENE OXYGEN .22 DIXIE CHEMICAL .2040 JONES CHEMICAL .30 .14 .1360 .193 48 HRS 1-2 DAYS 48 HRS 2 DAYS 3-5 DAYS 3-5 DAYS It was moved by Councilman Lentz, seconded by Councilman Tetens, that Bid No. B86-9, Liquid Chlorine, be awarded to Dixie Chemical based on their low bid -submitted on March 20, 1986. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilman Tetens, seconded by Councilman Bost, that the invoice submitted by Christopher Di Stefano and Associates, for architects' supervision on construction of Public Safety Facility, in the amount of $1,865.05 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 contractor's application for payment No. 8, LEBCO Constructors, Inc., for construction of Public Safety Facility in the amount of $133,218.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilman Tetens, seconded by Councilman Bost, that Estimate No. 5, G & C Utilities, Inc. for work completed on drainage improvements in Sherwood I & II, Westminister and Nottingham Subdivisions, in the amount of $45,208.17 be approved and -payment made from the appropriate funds. Motion passed 5 to 0. (d) It was moved by Councilman Tetens, seconded by Councilman Bost, that Estimate No. 6, G. R. Grier, Inc., for expansion of Barry Rose and Longwood Wastewater Treatment Facilities and. Twin Creek Woods Lift Station, in the amount of $503,110.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (e) It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that invoice dated March 17, 1986, Walsh Engineering, for engineering services concerning FM 518 Widening, in the amount of $8,158.28 be approved and payment made from the appropriate funds. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:25 P. M. UNDER TEXAS REVISED CIVIL STAVES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (a) Article 1269m, (b) Contract with Emergency Medical Services. 231 - SUBSECTION (g) PERSONNEL - (1) Appointment of Member to Library Board; (2) Appointment of Members to Planning and Zoning Commission. MEETING RETURNED TO OPEN SESSION AT 10:25 P. M. - NO ACTION TAKEN ADJOURN The meeting adjourned at 10:25 P. M. Minutes approved as submitted and/or corrected this % day of A. D., 1986. Mayor ATTEST: City S retary