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1992-09-28 CITY COUNCIL REGULAR MEETING MINUTES130 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON SEPTEMBER 28, 1992, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:35 P. M. with the following present: Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Randy Weber D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine as well as City Engineer John Hargrove and Chief of Police Mike Hogg. Absent from the meeting: Mayor Coppinger INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief of Police Mike Hogg. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the meeting of September 14, 1992, be approved as submitted. -- Motion passed 4 to 0, with Councilmember Weber not voting while serv- ing in the capacity of Mayor Pro Tem. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the Joint Public Hearing of September 21, 1992, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Pro Tem Weber, assisted by Councilmembers Miller and Smith, presented a proclamation to the 100 Club. Board members from the 100 Club accepted the proclamation and thanked the community for its support. Mayor Pro Tem Weber announced the Chamber of Commerce had given its support to the concept of the proposed Hughes Road extension. Mayor Pro Tem Weber announced a benefit to be held for Jennifer Simp- son, a local child who has recently been seriously injured and is now respirator dependent. Continuing his report, Mayor Pro Tem Weber reported on a leadership— conference eadership—conference which was held at the Golfcrest Country Club on September 22nd. This was well attended by local entities such as the School Board and Drainage District and was very productive, Mr. Weber stated. In closing his report, Mayor Pro Tem Weber announced that a workshop has been tentatively scheduled for October 12th before the regularly scheduled Council meeting with the Drainage District to discuss prob- lems associated with detention ponds. COUNCIL ACTIVITY REPORTS Councilmembers Miller and Frank reported their attendance at the Brazoria County Cities Association meeting hosted by the City of Jones Creek on September 16th. Councilmember Colson reported her participation in a CPR course with other City employees. Mrs. Colson also attended the leadership con- ference on September 22nd. Councilmember Smith requested that an EMS volunteer who was presently answering a call be recognized when she returns to the Council Cham- r-_ bers later in the meeting. Continuing his report, Mr. Smith reported the Clear Creek Watershed Committee is making progress but meets on the same night as Brazoria County Cities Association which prohibits his attendance at BCCA. Councilmember Smith reported he attended a lengthy meeting in Galveston regarding structural damage incurred during the recent Florida hurricane and suggested our building code be amended in some areas to prevent the City from suffering the same type losses. should such a catastrophe occur in the City. CITY MANAGER'S REPORT City Manager Grohman reported we have been able to do a good deal of street repair work cooperating with the County. Mr. Grohman commented that a significant drug bust was recently made by the Police Depart- ment. City Manager Grohman commended the combined efforts of City employees who have donated over $1,300 for Jennifer Simpson. Closing his report, Mr. Grohman gave an update on the progress of the FM 518 widening. We should be ready to go out for bid on our portion which is the drainage work and moving of utility lines in January which will keep us in line with the State's schedule of starting in September of 1993. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 636, AN ORDINANCE GRANTING A FRANCHISE TO THE MECA CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM City Manager Grohman explained there was a caveat in the law which could be interpreted two ways. Although Council has already passed this on second reading, the Charter has a provision which could be interpreted as the readings being thirty days apart. This repetition of the second reading is a formality, Mr. Grohman explained, to cover the legalities. Ordinance No. 636 was read in caption by Councilmember Smith. (Second and final reading) It was moved by Councilmember Smith, seconded by Councilmember Colson, that Ordinance No. 636 be passed and approved on its second and final reading. Said Ordinance No. 636 reads in caption as follows: ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, GRANTING A FRANCHISE TO THE MECA CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 637, ORDINANCE GRANTING A FRANCHISE TO SOUTHWESTERN BELL TELEPHONE COMPANY City Manager Grohman explained the same circumstance in the above 132 agenda item was applicable to the second reading of this ordinance. Additionally, Southwestern Bell has requested a word change in Section 10, Indemnity, asking that the phrase "caused in whole or in part" be changed to "caused solely". Mr. Grohman informed he and the City Attorney are in agreement to this change. Ordinance No. 637 was read in caption by Councilmember Colson. (Second and final reading) It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 637 be passed and approved on its second and final reading. Said Ordinance No. 637 reads in caption as follows: ORDINANCE NO. 637 AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CON- DUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDI- NANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRO- VIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVID- ING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS COUNCIL DECISION ON APPLICATION NO. 28, REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P. AND SHERNAZ BHANDARA, OWNERS, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-3, PUD TO R-3, PUD, SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVEL- OPMENT IN THE RIVERWALK SUBDIVISION It was moved by Councilmember Smith, seconded by Councilmember Frank, that Application No. 28 be approved as recommended by the Planning and Zoning Commission. Motion passed 4 to 0. COUNCIL DECISION ON APPLICATION NO. 29, REQUEST OF KENT BALLARD OF BENTON/BLAND INVESTMENTS, AGENT FOR RESOLUTION TRUST CORPORATION, OWNER FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-2, SINGLE FAMILY DWELLING DISTRICT TO NS, NEIGH- BORHOOD SERVICE DISTRICT IN THE OAKBROOK SUBDIVISION It was moved by Councilmember Frank, seconded by Councilmember Miller; that Application No. 29 be denied as recommended by the Planning and Zoning Commission. Motion passed 4 to 0. AWARD OF BID NO. B92-10, PARK ROAD AND PARKING AREA, MCLEAN ROAD PARK Council considered the following bids: 133 COMPANY LUMP SUM BID ALTERNATE 1 BID BOND CONRAD CONST.CO. $265,000.00 - YES D & W CONST.CO. $167,800.00 - YES CRAIG & HEIDT,INC. $240,200.00 $182,000.00 YES SOUTH COAST CONST. $161,000.00 $124,500.00 YES ANCHOR PAVING $166,342.00 $133,350.00 YES HUBCO, INC. $214,575.00 $158,750.00 YES D.L.MEACHAM CONST. $225,238.00 $171,950.00 YES UTICON, INC. $186,250.00 - YES Richard Burdine, Division Director of Public Works, referred to a letter from COENCO, Inc., consulting engineers for the project, in which South Coast Construction, Inc. was recommended to be awarded the bid. Mr. Burdine, speaking for Staff, recommended South Coast Con- struction Company be awarded the bid for concrete improvements in the amount of $161,000.00. There followed a discussion regarding starting and completion dates. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Bid No. B92-10 be awarded to South Coast Construction Company in the amount of $161,000.00 for a lump sum bid for concrete work for McLean Park improvements with funds to be taken from the appropriate account. Motion passed 4 to 0. BID NO. B92-13, 1992 STREET IMPROVEMENTS Council considered the following bids: COMPANY BID BASE ADDITIVE TOTAL BID BOND BID ALTERNATIVE BID DURWOOD GREENE CONST. YES $309,443.20 $226,245.00 $535,688.20 HUBCO, INC. YES $315,295.40 $230,318.55 $545,613.95 r�- RAY FERGUSON INTS. YES $364,546.27 $259,022.41 $623,568.68 CRAIG & HEIDT,INC. YES $361,971.10 $281,671.58 $643,642.68 C & S ASPHALT YES $373,373.30 $271,833.05 $645,206.35 SCI CONTRACTORS YES $374,917.49 $273,746.05 $648,663.54 134 COMPANY BID BOND BASE BID ADDITIVE ALTERNATIVE BID TOTAL BID BETA, INC. YES $381,106.66 $276,746.60 $657,853.26 SOUTH COAST CONST. YES $377,396.50 $290,797.05 $668,193.55 ANGEL BROTHERS YES $411,551.00 $315,051.25 $726,602.25 D.L.MEACHAM YES $441,633.20 $331,542.35 $773,075.55 City Engineer John Hargrove explained bids were opened on this project on September 15th and came in at good rates. Mr. Hargrove recommended bid be awarded to Durwood Greene Construction for both the base bid of $309,443.20 and the additive alternative bid of $226,245.00 for a total bid in the amount of $535,688.20. Beginning and completion dates were discussed. Streets to be improved under the base bid are Checkerberry Drive, Hatfield Road, Industrial Road, Jasmine West, Lake Edge Drive, Sacra- mento North, and Woody Drive. Streets to be improved under the addi- tive alternative bid are Alice Street, Brombones, Buckholt, Douglas Street, Halik Road, and Lockheed Street. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Bid No. B92-13 be awarded to Durwood Greene Construction in the amount of $535,688.20. Motion passed 3 to 1, with Councilmember Smith voting against. AUTHORIZATION FOR MAYOR TO TAKE NECESSARY ACTION REQUIRED BY ORDINANCE! NO. 411-1 REGARDING SALE OF ADVANCE REFUNDING BONDS BY BRAZORIA COUNTY_: MUNICIPAL UTILITY DISTRICT NO. 5 City Manager Grohman recommended approval of this refinancing and stated financial advisors were on hand to answer any questions. This action is similar to one recently done for another MUD and this situa- tion may occur again soon with another district. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the Mayor be authorized to take the necessary action required by Ordinance No. 411-1 regarding sale of advance refunding bonds by Brazoria County Municipal Utility District No. 5. Motion passed 4 to 0. ORDINANCE NO. 642, ORDINANCE VACATING, CLOSING AND ABANDONING AN EASEMENT IN BLOCK 8 OF GREEN TEE TERRACE TOWNHOUSES Ordinance No. 642 was read in caption by Councilmember Miller. (First reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 642 be passed and approved on its first reading. Said Ordinance No. 642 reads in caption as follows: ORDINANCE NO. 642 AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN 20' ACCESS EASEMENT, CONSTITUTING A PORTION OF BLOCK 8 OF GREEN TEE TERRACE TOWNHOUSES, PEARLAND, HARRIS COUNTY, TEXAS. Voting "Aye" - Councilmembers Smith, Colson, Frank, and Miller. 135 Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 374-2, AMENDING CODE AT CHAPTER 31 REGARDING PROVISIONS PERTAINING TO WRECKER SERVICE Ordinance No. 374-2 was read in caption by Councilmember Frank. (First reading) It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 374-2 be passed and approved on its first reading. Said Ordinance No. 374-2 reads in caption as follows: ORDINANCE NO. 374-2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, CHAPTER 31, WRECKER SERVICE, SEC. 31-6 (d) FOR THE PURPOSE OF PROVIDING AN EXCEPTION TO THE RULES PROHIBITING TRANSFERABILITY OF EMERGENCY WRECKER TAGS IN THE CASE OF AN ASSIGNMENT OF THE PERMIT IN CONNEC- TION WITH AND AS PART OF THE SALE OF A GOING BUSINESS; PROVIDING FOR AN EFFECTIVE DATE; AND CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND CODIFICA- TION. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R92-29, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A PUBLIC NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AS THE OFFICIAL NEWSPAPER OF THE CITY Division Director Glen Erwin referred to a memo written by the City Secretary in which recommendation was made that this contract be awarded to the Pearland Journal. Bids were received from the Houston Chronicle and Pearland Journal. Resolution No. R92-29 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Resolution No. R92-29 be passed and approved on its first and only reading. A brief discussion followed regarding rates and the number of times each newspaper published each week. It was clarified that the passage of the resolution would authorize the City Manager to enter into a contract with the Pearland Journal. Said Resolution No. R92-29 reads in caption as follows: RESOLUTION NO. R92-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A �T CONTRACT BY AND BETWEEN A PUBLIC NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AND THE CITY OF PEARLAND AS THE OFFICIAL NEWSPAPER OF THE CITY. Voting "Aye" - Councilmembers Smith, Colson, Frank, and Miller. Voting "No" - None. Motion passed 4 to 0. 136 RESOLUTION NO. R92-30, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE Citizen Input: Mrs. Delores Fenwick, representing Clean Pearland Community Committee. Mrs. Fenwick thanked the City for its past support and discussed the functions of the organization. The future relationship with the City was discussed by Mrs. Fenwick. Mayor Pro Tem Weber recognized Jim Sudela, Clean Pearland President, who discussed the membership drive for the organization. Resolution No. R92-30 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Resolution No. R92-30 be passed and approved on its first and only reading. In discussion, Councilmember Frank requested the budget be left as the contract specified. Councilmember Miller inquired of the City Manager the amount recycling brings in each month. Mr. Grohman stated it was approximately $2,000 per month. Mr. Miller stated it has been said that the City does not subsidize this organization but, in fact, Councilmember Miller said, the City pays for the curbside recycling. City Manager Grohman con- firmed this was true and that a monthly amount of $1.90 had been filtered into the customer's water bill. At Mr. Miller's question- ing, City Manager Grohman concurred that the City and the citizens are paying for a curbside recycling program from which Clean Pearland is receiving the proceeds, in a round about way. Mayor Pro Tem Weber discussed the stipulation in the contract which states Clean Pearland will provide an annual report to the Council thirty days after each fiscal year. President Sudela stated Mr. Weber, had indicated in a previous conversation that perhaps these report should be made before the fiscal year was over and he and Mrs. Fen-_ wick, Executive Director, will be willing to respond to any questions as needed. Councilmember Frank commented he was the Council liaison to Clean Pearland and stated he has seen the organization's figures each time they have a Board meeting and has had no problem with them for the last year. Councilmember Frank advised he would report on this organ- ization during his Council activity report if Council wanted reports more often than once a year. Mayor Pro Tem Weber suggested the contract be amended regarding the reporting aspect and a discussion followed regarding a suitable re- porting date. September 1st was proffered as a acceptable reporting date and, although this is a neutral item in the budget, it will help with projections regarding recyclables. Councilmember Frank requested the motion be amended to have Item No. 6 in the contract, REPORTING, read that the annual report be submitted to the City September 1 of each year. The maker and seconder of the motion agreed to this amendment. The motion was clarified that the contract phrasing "no more thai thirty ( 30 ) days after the end of each fiscal year" would be change( to "no later than September 1st of each year." The length of the three year contract was discussed with the anticipa- tion that there might be difficulties in making adjustments in an agreement of this duration. City Manager Grohman suggested "an either party out with a thirty, sixty, or ninety day notice" clause. Councilmember Frank suggested the ninety day clause be included in the contract. 137 Councilmember Colson questioned whether this term was not covered in Section 1, TERM OF AGREEMENT, reading the phrase "subject to amendment or renewal as a function of the Council's budgeting process" which is annually. City Attorney Rorick responded this section provided for an annual review and as the Council was leaning to a ninety day clause, suggested the wording be something to the effect, "provided, however, either party may terminate this agreement by ninety days written notice to the other party." City Attorney Rorick further advised this document could be passed and approved at this time with the changes to be made to Exhibit "A" as per Council instruction. The maker and seconder of the motion agreed to the changes and Coun- cilmember Smith called for the question. Councilmember Miller commented he would like to be on record as saying the City is subsidizing this private organization, in whatever amount, for the next three years. While having nothing against Clean Pear - land, Mr. Miller continued, there are other worthwhile organizations throughout the City that receive nothing from the City and, for this reason, Councilmember Miller stated, he would not vote in favor of this item. Said Resolution No. R92-30 reads in caption as follows: RESOLUTION NO. R92-30 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT, INCORPO- RATED HEREIN AND FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE. Voting "Aye" - Councilmembers Smith, Colson, and Frank. Voting "No" - Councilmember Miller. Motion passed 3 to 1. ORDINANCE NO. 643, ORDINANCE AMENDING THE CODE, FIRE PREVENTION, TO ADOPT THE STANDARD FIRE PREVENTION CODE AND THE LIFE SAFETY CODE HANDBOOK Ordinance No. 643 was read in caption by Councilmember Colson. (First reading) It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 643 be passed and approved on its first reading. A discussion followed regarding conflict with the Southern Standard Building Code and City Manager Grohman advised they were not in con- flict. Division Director Glen Erwin stated passage of this ordinance will give us annual updates regarding regulations. City Attorney Rorick commented the body of the ordinance names the Southern Building Code Congress International which he assumes is the same body in question. Said Ordinance No. 643 reads in caption as follows: ORDINANCE NO. 643 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, AT CHAPTER 10, FIRE PREVENTION AND PROTEC- TION, ARTICLE III, FIRE CODE, FOR THE PURPOSE OF ADOPT- ING AS THE CITY'S FIRE CODE THE LATEST EDITION OF THE STANDARD FIRE PREVENTION CODE, AND THE LATEST EDITION OF THE LIFE SAFETY CODE HANDBOOK; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. Voting "Aye" - Councilmembers Smith, Colson, Frank, and Miller. 188 Voting "No" - None. Motion passed 4 to 0. Councilmember Smith introduced Linda Larsen, an EMS volunteer. Ms. Larsen related she is Public Relations Officer for the EMS and through her efforts Pearland EMS has been awarded a $7,000 grant to be used toward purchasing CPR mannequins and supplies to teach CPR and choking rescue skills to the employees of the City and the School District. In closing, Ms. Larsen thanked City Manager Grohman for making this course mandatory for all City employees. ORDINANCE NO. 644, ORDINANCE REPEALING SECTION 26-9 OF THE CODE AND - ENACTING ARTICLE V FOR THE PURPOSE OF PROVIDING RULES APPLICABLE TQ THE NUMBERING OF BUILDINGS WITHIN THE CITY Ordinance No. 644 was read in caption by Councilmember Frank. (First reading) It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 644 be passed and approved on its first reading. Police Chief Mike Hogg explained this ordinance is to benefit our emergency responders and will require building numbers to be placed on structures so that an address can easily be found. Ordinance No. 644 reads in caption as follows: ORDINANCE NO. 644 AN ORDINANCE REPEALING SECTION 26-9, CODE OF ORDINANCES AT CHAPTER 10, BY THE ENACTMENT OF ARTICLE V., FOR THE PURPOSE OF PROVIDING RULES APPLICABLE TO THE NUMBERING OF BUILDINGS WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY AND AN EFFEC- TIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. COUNCIL DECISION ON YEAR END ENCUMBRANCES Council considered the following encumbrances: 1991-1992 Engineering: Fire Department: Animal Shelter: EMS Service Center: City Hall: Street & Drainage: Park, Recreation: Planning Fire Truck Building at McLean Station Building Building at McLean Station Gas Storage Tank Removal Computers Street Maintenance Sidewalk Water Production and Wastewater Treatment: Truck Water and Sewer Distribution & Coll. Truck $ 20,000 $137,500 $ 20,000 $ 50,000 $ 20,000 $ 50,500 $150,000 $248,00( $ 9,00&_ $ 11,500 $ 11,500 139 Water and Sewer Accounting & Coll. Computers $ 50,000 Water and Sewer Construction One Ton Truck $ 18,000 Trailer $ 7,500 Items to Reencumber from Prior Years Council Contingency $92,687.61 r-. Police - C. A. D. $17,463.78 Park Grant $12,077.00 City Garage - Awning $11,808,00 Street Maintenance $99,203.93 Water Tanks and Towers $39,650.00 City Manager Grohman informed all of these were proposed in this year's budget or were an unfinished scope of work from last year's budget. Council discussed some of the improvements to be made with these funds . It was moved by Councilmember Smith, seconded by Councilmember Colson, that we adopt the plan presented by Staff to encumber funds from the 1991-92 budget and to reencumber funds from prior years. Motion passed 4 to 0. APPOINTMENT OF MEMBERS TO PARKS BOARD It was moved by Councilmember Miller, seconded by Councilmember Frank, that, based on a lack of information, Council is not prepared to vote on this item at this time and move that it be passed to the next agenda. Motion passed 4 to 0. REQUEST OF FRED BHANDARA TO WAIVE PENALTY AND INTEREST FOR RIVERWALK, SECTION 1-2, COMMON AREA, 4.62 ACRES OUT OF 111 PERRY & AUSTIN SURVEY AND RIVERWALK, SECTION 1-2, RESERVE A, .17 ACRES OUT OF 111 PERRY & AUSTIN SURVEY, TOTAL AMOUNT OF TAXES DUE FOR 1988-90, $667.39 City Manager Grohman recalled this item was discussed at the Joint Public Hearing held on September 21. Mr. Bhandara is willing to pay taxes involving a defunct property association and, as these are not his taxes, is requesting that the penalty and interest be waived. Mr. Bhandara owns other land in the Riverwalk Subdivision and hopes to get the subdivision back on track and revitalized with the payment of these back taxes. It was determined the amount of penalty and interest is $445.53. As mentioned earlier, a workshop is planned with Brazoria County Drainage District No. 4 prior to the Council meeting on October 12 to discuss issues relating to detention ponds in subdivisions which has been one of the areas of concern in the Riverwalk area, as well as other subdi- visions throughout the City. It was moved by Councilmember Miller, seconded by Councilmember Frank, that the request of Fred Bhandara to waive penalty and interest for Riverwalk Section 1-2, Common Area, 4.62 acres out of 111 Perry & Austin Survey and Riverwalk, Section 1-2, Reserve A, .17 acres out of 111 Perry & Austin Survey, total amount of taxes due for 1988-90, $667.39 be approved. It was determined that taxes for 1991 have been paid. Motion passed 4 to 0. Councilmember Colson excused herself from the Chambers at this time. ACCEPTANCE OF GREEN TEE TERRACE, SECTION VII, JACK NIDAY, OWNER, DAVID WIGHT, CONTRACTOR City Manager Grohman stated all conditions have been met and recom- mended approval. It was moved by Councilmember Miller, seconded by Councilmember Smith, that the City accept Green Tee Terrace, Section VII from Mr. Jack Niday, owner, and Mr. David Wight, contractor. - Citizen Input: Ms. Barbara Bambura, 2824 Country Club Drive. Ms. Bamburg requested Council postpone action on this item to a future agenda until Council has received an opinion from the City Attorney that the meeting at which the deed of resolution R91-22 was accepted was conducted proper- ly under the Open Meetings Act. Ms. Bamburg expressed the opinion that this resolution accepting the deed was added as an emergency item on a supplemental agenda when no emergency existed. There followed a discussion between Council, the City Attorney, the City Manager and Ms. Bamburg regarding the provisions of the Open Meeting's Act. City Manager Grohman stated that court cases have upheld that a City Council can determine what it believes to be an emergency. Mayor Pro Tem Weber thanked Ms. Bamburg for her comments but stated the Council would proceed to act on this item this evening. Motion passed 3 to 0, with Councilmember Colson absent from the Cham- bers at this time. Councilmember Colson returned to the Chambers at this time. DIRECTION THAT THE HUGHES ROAD EXTENSION BE INCLUDED IN THE CITY'S -- MAJOR STREET PLAN Councilmember Frank requested clarification if this was not the item posted on the Special Meeting under Executive Session held earlier this evening. City Manager Grohman informed the item on this agenda is to consider the concept whereas the item on the special agenda was to discuss purchase of land and are two separate items. Councilmember Frank stated he would like to postpone this item until there has been more time to discuss it. Council discussed whether it would be returning to Executive Session under the previous special meeting after the adjournment of this regular meeting and it was the consensus of the Council that it would be not return to the Special Meeting recessed earlier but would pass on it until a later date. Councilmember Smith reported on right-of-way acquisition. Councilmem- ber Frank stated he had no problem with discussing FM 518 north but would rather have further discussions with Council regarding other portions. Councilmember Smith questioned if Councilmember Frank would havE objection to a motion stating the Council has adopted into the City's master road plan this concept from FM 518 to Hughes. Councilmember Frank stated he had no objection as long as the Council was adopting a concept and referring to a general corridor. City Manager Grohman explained the Staff was requesting endorsement of a general concept, not specific parcels of land, so that Staff could begin looking for State monies to help with this project. Councilmem- ber Smith urged it would aid our position with the State if we have adopted this concept as part of our master road plan. City Manager Grohman pointed out features on an overhead projection of the overall concept of this proposed road which is tentatively divided into four sections. The road will become an extension of Hughes Road in Houston and will end, tying into, in all likelihood, Dixie Farm Road after it passes near the high school. Mr. Grohman stated this proposed plan will not impact any residences, will alleviate traffic congestion in Green Tee, will provide relief off State Hwy 35, will provide ingress and egress to the high school, and will eventually be a connector to Dixie Farm Road. The State may furnish some funds as we are providing some relief to a State highway. The exact parcels of land to be used for right-of-way �. are yet to be determined. It was moved by Councilmember Frank, seconded by Councilmember Miller, that we approve the concept of the Hughes Road to Dixie Farm Road plan. Motion passed 4 to 0. OTHER BUSINESS: None CITIZENS: 1. Mrs. Frances Jamison, FM 518. Mrs. Jamison questioned where the $700,000 is in the budget allocated for the bridge over Yost Road. Mayor Pro Tem Weber handed Mrs. Jamison an accounting of budget funds prepared by Staff addressing this item. Mrs. Jamison also questioned which parties could communicate with each other due to the recent advisement of Counsel to confer through respective attorneys after litiga- tion was recently enacted by Mrs. Jamison upon the City. City Manager Grohman explained to Mrs. Jamison the monies in the budget allocated for road work and explained the $700,000 must be spent on street and drainage work only and will be done so as the sale of bonds specified. 2. Mr. James Silvernell, 2306 Meadowgreen. Mr. Silvernell expressed the need for a protected left turn lane at Barry Rose and FM 518 and presented a petition containing nearly 200 names to the City Secretary supporting this need. Mayor Pro Tem Weber suggested the petitioners call the Highway Department direct to bring more pressure on them as the City is aware of this problem. City Manager Grohman advised Mr. Silvernell to call his office tomorrow and he will furnish the Highway Department's number. 3. Mr. Bruce Kirby, 3207 Lee Circle. Mr. Kirby questioned the expense of the Council retreat held in the summer. Council discussed with Mr. Kirby the various aspects of the retreat such as expense, benefit, and legalities of this meeting. Mr. Kirby questioned the expense of obtaining a copy of the budget which he was told was $65.00. City Manager Grohman explained the $65.00 charge is what the printer charges and that Mr. Kirby had been advised he could come by City Hall and look at the budget or a less expensive copy could be acquired for him. ADJOURNMENT The meeting adjourned at 9:25 P. M. Minus_a proved as submitted and/or corrected this / day of A. D., 1992. �— ••• rias r, 142 ATTEST: Pat Jones,/ ty Secretary