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
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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
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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.
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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_
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(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.
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- 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