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1982-09-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 13, 1982, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Councilman/Mayor Pro Tem Terry Gray Councilman Al Lentz Councilman Charles R. Mack —" Councilman Dennis Frauenberger Councilman James E. Bost City Manager Ronald J. Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE -OF ALLEGIANCE: - - The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by John Moorman of the Brazoria County Library System. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes -of the regular meeting held on August 23, 1982, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Mack, seconded by Councilman Gray that the minutes of a special meeting held on August 24, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued the following proclamations: American Business Women's Day - September 22, 1982 (Accepted by Jeanne Savell, President of Rosette Chapter and Linda Bean, President of Peartree Chapter); Pearland PTA Membership Drive Week - September 20, 1982 through September 24, 1982 (Accepted by Anna Lentz, President of Pearland PTA); Founder's Days - September 25, 1982 through September 26, 1982 (Accepted by Walt Lackey, President of Pearland Area Chamber of Commerce). COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that Meca Cable TV Company has increased the premium optional service, as well as the cost for this service. The City regulates the cost of basic service but, under the rules of the FCC, cannot regulate the cost of premium optional service. The correspondence from Meca to the subscribers stated that they would receive an additional premium optional service and if they did not want to keep it, the Meca Cable Company should be notified; otherwise, the customer would be billed. Councilman Lentz requested that the Press advise the citizens that they must converse directly with Meca if they do not want this additional premium optional service. Councilman Lentz pointed out that Meca representatives did not appear before the Pearland City Council to advise that they planned to make these changes; however, they did, according to the newspapers, appear before other city councils prior to notification to citizens of these changes. Councilman Lentz stated that he felt that we should make our feelings known to Meca, not only as a City Council but as consumers, and_request that advance notification of any changes should be made to the public prior to the implementation of same. Councilman Frauenberger made a report on Industrial Bond financing in the State of Texas, and stated that he felt that this was a program that the City should look into. It is revenue bond financing for local businesses with local or outside financial institutions, i and he felt that it would be a means to the City of Pearland to increase its tax base. He stated that he favored this both as a City Councilman and as a member of the Pearland Area Chamber of Commerce. Councilman Frauenberger requested that the City Council move to the New Business portion of the agenda under this item. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: ,I AUTHORIZATION FOR STAFF TO WORK ON DETAILS FOR THE CREATION OF AN INDUSTRIAL DISTRICT: Councilman Frauenberger introduced Mike McAndrew, Director of Financial Services - Research and Planning Consultants, and Richard Wiltz of the Houston -Galveston Area Council. Mr. McAndrews furnished members of the City Council with written information on Industrial Revenue Bonds outlining a brief history, reasons why Pearland should set up a Development Corporation, description of Industrial Revenue Bond Transactions, and actions necessary to establish Issuer. Mr. McAndrews stated that since 1979, the year the State Legislature passed the Bill, some 500 projects, some industrial and some poor projects, have come under this type financing. He explained that one of the reasons why it is so popular was the fact that in today's economic times, with interest rates on long time financing approaching 20%, it is virtually impossible to build a new building, buy new equipment, and have a profitable operation. No credit of the City would be involved or no government grants would-be involved. 'three residents of the City would have to petition the City to create a non-profit corporation, and the City would then have to accept the petitions, adopt a Resolution creating a Development Corporation, authorize the By -Laws, authorize the Articles of Incorporation, and appoint the Board of Directors. Any action this non- profit corporation takes in issuance of bonds would be reviewed under the law by the City Council. In order to do a commercial project, the City has to designate the area as economically distressed, has substandard housing, or a high unemployment rate. Mr. Richard Wiltz, representing the Houston -Galveston Area Council, stated that the purpose of the HGAC was to represent cities and their citizens. He stated that he felt that the Industrial Revenue Bonds are geared to large projects; however, they have one in Willis of $700,000.. They have handled about 30 projects, and have recently created a separate entity in HGAC to address smaller issues. This is the Certified Development Corporation and it is not exempt bonds. The President of the Pearland Area Chamber of Commerce advised that it was the desire of the Chamber to work with the City in any possible if an Industrial District is created. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Manager, the Staff, and the City Attorney be authorized to submit to the City Council for approval r - sufficient documentation for the formation of an Industrial District. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS DEPARTMENTAL REPORTS: City Attorney Bobby Williams advised the City Council that several years ago he had an opportunity to get involved in the briefing of the Brazoria County Industrial District and that this is a very fine program. CITIZENS: Mr. Richard L. Spradley appeared before the City Council to discuss the development of a Mobile Home Park located in the extraterritorial jurisdiction of the City. Mr. Spradley stated that he would like to arrange with the City for extension of sewer lines to serve this proposed development. This property is located in the vicinity of Highway 518 and 1128. Mr. Spradley stated that he would like to run a sewer force main from the inter- section of Harkey and FM 518. NEW BUSINESS (Continued): REQUEST BY RICHARD SPRADLEY FOR DEVELOPMENT OF MOBILE HOME PARK IN EXTRATERRITORIAL JURISDICTION OF CITY: City Manager Ron Wicker stated that this proposed mobile home park was outside the City, and since it was the policy of the City not to extend services beyond the City Limits, he advised Mr. Spradley that he would need to come before the City Council. Councilman Gray stated that he would like to know if the PUC would regulate the rates charged if we provided utility service outside City Limits. Also, the size of line that it would take to serve this property. It was moved by Councilman Gray, seconded by Councilman Lentz that this item be tabled for a report as previously requested. Motion passed 5 to 0. Councilman Mack requested that the Staff report on the capabilities of our sewer plant to make sure we are not jeopardizing the undeveloped land within the existing City. UNFINISHED BUSINESS: BID NO. B82-13, DEPOSITORY BID: Mr. Earl Lairson of Lairson, Williams and Company read the last paragraph of his letter of September 7, 1982, wherein he indicated that the only material difference between the two bids is in the interest to be paid on fixed maturities and/or C.D.s $100,000 and over, on which the Pearland State Bank would pay the higher rate. Mr. Lairson stated that,in the opinion of Lairson, Williams and Company, the bid submitted by the Pearland State Bank would result in a better rate of return for the City of Pearland. It was moved by Councilman Gray, seconded by Councilman Bost that the Depository Bid be awarded to Pearland State Bank for a period of three years from October 1, 1982, and that the City Attorney be authorized to prepare the Contract, and that the Mayor be authorized to execute such Contract. Motion passed 4 to 0. Councilman Frauenberger abstained. APPROVAL OF PLANS AND COST ESTIMATE FOR LIBRARY BUILDING AND COMMUNITY CENTER: The firm of Dansby & Miller, Architects, presented plans of the proposed Library and Community Building. They advised that there would be 11,100 square feet in the Library, 9,800 square feet in the Community Building, and 2,800 square feet in the Mall. The approximate cost would be $1,500,000. They advised that they planned to take two alternates. One being folding doors and the other a portable stage. Mr. Miller stated that $60,000 to $75,000 has been included for site work. The parking lot and drainage areas were discussed with the architect. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the Plans submitted and reviewed be approved and the cost estimates for the Library and Community Building be secured,and the Architect proceed with -detailed drawings and specifications. Motion passed 5 to 0. MEETING RECESSED 9:35 P. M. - RECONVENED 9:45 P. M. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF TAX COLLECTOR: It was moved by Councilman Lentz, seconded by Councilman Bost that the appointment .of Barbara Lenamon as Tax Collector be ratified by the City Council. Motion passed 4 to 0. Councilman Mack absent from the room at this time. Mayor Reid administered the Oath of Office to Ms. Lenamon. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: PURPOSE OF THE HEARING: REVENUE SHARING BUDGET PUBLIC HEARING ENTITLEMENT PERIOD 14 - $153,000. 1. PERSONS WISHING TO SPEAK FOR THE PROPOSED BUDGET - City Manager Wicker projected the proposed expenditures on screen and explained the various items listed to the City Council and audience. 2. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED BUDGET - None 3. QUESTION AND ANSWER PERIOD 4. ADJOURN HEARING AT 10:00 P. M. NEW BUSINESS: (Continued) ORDINANCE NO. 448, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLE- MENT PERIOD 14: Ordinance No. 448 read by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 448 be passed and approved on first of two readings. Said Ordinance No. 448 reads in caption as follows: ORDINANCE NO. 448 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger and Councilman Bost. Voting "No": None Motion passed 5 to 0. UNFINISHED BUSINESS (Continued): ORDINANCE NO. 444, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS FOR VEHICLES: Ordinance No. 444 read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 444 be passed and approved on second and final reading. Said Ordinance No. 444 reads in caption as follows: ORDINANCE NO. 444 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, .UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEAR - LAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) BUILDING SET BACK LINES - HIGHWAY 35 AND HIGHWAY 518: Mayor Reid read the following letter from Richard Tetens, Chairman of the Planning and Zoning Commission: September 8, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their regular meeting on Tuesday, September 7, 1982, the Planning and Zoning Commission held a discussion regarding a recommendation to the City Council of require- ment for Building Line Setback along FM 518 and State Highway 35. After the discussion a motion was made by Helen Beckman, seconded by Clyde Starns, that the Planning and Zoning Commission recommend that the City Council formulate an ordinance requiring a building line setback of 90' from the center of the road on State Highway 35 and FM 518 (40' from the present lot line). The motion passed 6-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk City Attorney Bobby Williams advised the City Council that, while he understood the reasons why the Planning & Zoning Commission suggested this type of ordinance, he felt that the impact of certain areas should be investigated before the ordinance was drafted for review by the City Council. This would particularly be true in certain areas of the Old Townsite where very shallow lots would be involved. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the City Attorney be authorized to prepare ordinance regarding setback lines on Highway 518 and Highway 35, as suggested by the P & Z Commission, after proper investigation as to impact on certain areas by the City Attorney and City Manager. Motion passed 5 to 0. REVIEW OF PROPOSALS RECEIVED FOR OFFICIAL NEWSPAPER: Mayor Reid read the one proposal dated August 31, 1982 received from The Journal into the records of the City, wherein The Journal agreed to publish legal notices for a cost of nine cents per word. Resolution No. R82-33 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Bost that Resolution No. R82-33 be passed and approved on first and only reading. Said Resolution No. R82-33 reads in caption as follows: RESOLUTION NO. R82-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger and Councilman Bost. Voting "No": None Motion passed 5 to 0. REVIEW OF BIDS RECEIVED ON BID NO. B82-14, GROUND STORAGE TANKS AND BOOSTER PUMP STATIONS: Bids were reviewed as follows: BIDDER TOTAL AMOUNT Pearland Development Corporation $341,700.00 Layne Texas Company 262,500.00 O'Day Drilling Company, Incorporated 214,593.79 Lem Construction Company 277,000.00 It was moved by Councilman Mack, seconded by Councilman Frauenberger that O'Day Drilling Company be awarded Bid No. B82-14, in the amount of $214,593.79, as the lowest and best bid, and that the Mayor be authorized to execute the Contract. Funds for these projects to be paid out of the Certificate of Obligation previously issued to cover these projects. Motion passed 5 to 0. ALLEN ENGINEERING AND TESTING, INC.: The Agreement for soil testing by Allen Engineering and Testing, Inc. was brought before the City Council for consideration. It was moved by Councilman Lentz, seconded by Councilman Bost that the Agreement with Allen Engineering and Testing Company, dated September 13, 1982, be approved. Motion passed 5 to 0. PAYMENT OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that Invoice No. 1127, dated September 10, 1982, from Losco Building Systems, Inc., in the amount of $37,095.00, and the Invoice No. 5873, dated August 30, 1982, from Layne Texas Company, in the amount of $45,136.80, be approved for payment from the proper funds. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED AT 10:35 P. M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (f), PURCHASE, EXCHANGE OR VALUE OF REAL ESTATE. RETURNED AT 11:23 P. M. - No Action ADJOURN: Meeting adjourned at 11:23 P. M. Minutes approved as submitted and/or corrected this the.2 7 day of A. D., 1982. t Mayor Pro T ATTEST: Assistant City Secretary