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1990-03-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON MARCH 12, 1990, AT 7:30 P.M. IN CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem William Wolff Councilmember James Bost Coyncilmember David Smith Councilmember Richard Tetens Councilmember D. A. Miller Acting City Manager James DeShazer Citi Attorney Robert Talton City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Richard Tetens. Presentation of Colors and the Pledge of Allegiance was led by members of Boy Scout Troop 680. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of February 26, 1990, be approved as presented. Motion passed 5 to 0. MATgR'S ACTIVITY REPORT Mayor Reid commended Patty Bates, Clean Pearland Coordinator, for her excellent work in putting together a packet to be used by the Houston Astros to inform other cities on "How to Put on a Successful Night at the Astros". Mayor _Reid issued a Proclamation proclaiming the week of March 11-17, 1990 as "Employ the Older Worker Week". Jesse Palmer accepted the proclamation. George Treibel, Park Board Chairman presented to the City a Sustained Beautification Award in recognition of all City property being kept in good clean condition. Parks Director Barry Lastik and Public Works Superintendent Ronald McWhirter accepted the award on behalf of the City. Mayor Reid recognized Scout Leader Gus Smith of Troop 680. Mr. Smith introduced his staff and members of the Troop that were present. Mr. Elliott Moore, President of Clean Pearland, invited all the Council and anyone interested to attend the National Teleconference that Clean Pearland, in conjunction with Keep America Beautiful, is participating in on April 4. The topic of discussion will be Solid Waste Management. In addition Mr. Moore invited everyone interested to participate in Clean Pearland's Earth Day activities on April 7. COUNCIL ACTIVITY REPORTS Councilmember Miller reported that on March 6 the feasibility study for the Clover Field Airport was completed by the committee working on this project. The Pearland representatives on this committee will be presenting a report to Council shortly, giving their viewpoint concerning this matter. Councilmember Miller reported that after receiving a phone call from a citizen concerning the City maintaining alleyways, he discussed this matter with the City Manager. 120 Councilmember Miller reported he has been receiving compliments from citizens regarding the City's work on Barry Rose Road. Councilmember Tetens reported that he, also, has received good comments on the work the City is doing on Barry Rose Road. Councilmember Wolff reported on the proposed lighting on F. M. 518. He informed that after the survey conducted by Houston Lighting & Power, it was determined that twelve additional lights will need to be installed, beginning at the entrance to Green Tee, going easterly down to the Friendswood City Line. Some time in the future, Councilmember Wolff stated, the Council will be asked to authorize the installation of these twelve lights. Councilmember Wolff reported there has been a recent rash of juveniles stealing stop and street signs around the City. This is not only costly to the City but is a potential hazard for the travelling public. Councilmember Smith reported that the Clear Creek Regional Study committee has been discussing the digging of a bigger, wider and deeper creek along with various detention ponds and lakes included in this ultimate plan. Councilmember Smith led all in attendance with the singing of Happy Birthday to Councilmember William Wolff. Councilmember Smith reported that the E.M.S. run rate was up 50% this month. Councilmember Smith thanked Shop Superintendent Mike Joyce and Police Chief Randy Graner for their efforts in helping the E.M.S. operation run as smoothly as possible. In addition, he thanked City Manager DeShazer and Public Works Superintendent Ronnie McWhirter for their efforts in the street maintenance and street repair area. Councilmember Bost requested that an investigation be made for the possibility of putting in a protected left turn lane on Liberty and on Green Tee at the intersection of F.M. 518, Green Tee and Liberty. 7` ' n.• 10. 10�• �' Acting City Manager Jim DeShazer reported that he was notified by the State Highway Department that bids were opened last week on the Longherridge and Dixie Farm Road bridge projects. The Highway Department had estimated`rthe cost,to_ around $329,000 and the low bid for this was $549,000 plus. City Manager DeShazer stated he wanted to advise the Council of this because the City's portion for the construction of the two bridges would be an additional $47,000 if this contractor is awarded the bid. City Manager DeShazer reported that work has begun, with the help of Commissionet Billy Joe Plaster's personnel, on the construction of Barry Rose Road. Our close estimate on the cost of this construction is approximately $54,707.00, which would make Barry Rose Road a Class A street. City Manager DeShazer reported that the garbage sacks will arrive tomorrow and will be delivered to the garbage customers this week. In conclusion Mr. DeShazer reported that repair of the sewer cave-in in Regency Park Subdivision has been completed. A general Council discussion was held concerning the need for making Barry Rose Road a Class A street, the possibility of constructing an exit out of Regency Park onto Barry Rose Road and the possibility of constructing a roadway between Plum and Barry Rose Road on some right-of-way that is behind the Heritage Green Subdivision and the school property. CITIZENS 1. Tom Tierney, 3304 Hampshire. Mr. Tierney stated that he is once again speaking to Council about the deterioration of Hampshire Street and commented that the street is like a "hog wallow". DOCKETED PUBLIC HEARINGS - NONE 121 UNFINISHED BUSINESS ORDINANCE NO. 588, ORDINANCE ORDERING A SPECIAL ELDGTION ON PROPOSED CHARTER Ordinance No. 588 was read in caption by Councilmenber Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 588 be passed and approved on the second and final reading. Said Ordinance No. 588 reads in caption as follows: ORDINANCE NO. 588 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEUUD, TEXAS, ORDERING A SPECIAL FLECTION TO BE HELD ON THE 5TH DAY OF MAY, 1990; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 589, ORDINANCE ALTP MIZING CONTRACT BETV=N THE CITY AND K-3 ENVIROGANIC S, INC. FOR SLUDGE DISPOSAL Ordinance No. S99 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 589 be passed and approved on the second and final reading. Said Ordinance No. 589 reads in caption as follows: ORDINANCE NO. 589 AN ORDINANCE AUTHORIZING THE EXECxTPION OF A CONTRACT, A FACSIMILE OF SAME BEING Aim HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN K-3 ENVIROGANICS, INC. AND- THE CITY OF PEARLAND, TEXAS FOR THE DISPOSAL OF SLUDGE. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 243-2, ORDINANCE AMENDING CHAPTER 28, SECTION 28-6, ENTITLED HOMESTEAD EXEMPTION The caption, Sec. 28-6 (a), and Section 4 of Ordinance No. 243-2 was read by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 243-2 be passed and approved on the first of two reading with the following corrections made: first line in Seca 28-6 (a), change January 1, 1991 to January 1, 1990; and second line in Section 4, change taxable year of 1990 to taxable year of 1989. Said Ordinance No. 243-2 reads in caption as follows: ORDINANCE NO. 243-2 AN ORDINAL AMENDING CHAPTER 28, SECTION 28-6(a), ENTITLED HOMESTEAD EXEMPTION, OF THE CODE OF ORDINANCES OF THE CITY CE PEARLAND, TEXAS, BY CHANGING THE HOMESTEAD EXEMPTION AMOUNT AS AUTHORIZED BY V.T.C.A. TAX CODE, SBC.TION 11-13; AND PROVIDING FOR U0mFICATI()TU FOR A SEVERABILITY CLAUSE AND AN EFFECTTVR 5ATE. LM Voting "Aye" - Councilmembers Miller, Tetens and Wolff. Voting "No" - None Motion passed 3 to 0. Councilmembers Smith and Bost abstained. APPOINTMENT OF FIVE MEMBERS TO THE ANIMAL CONTROL BOARD FOR A THREE-YEAR TERM It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Susan Elam, Bill Pratt, Dr. Bobby Stevener, Ben Pinales and Parris Curry be appointed to the Animal Control Board for a three-year term. Motion passed 5 to 0. APPOINTEMNT OF ONE MEMBER TO THE ELDCIRICAL BOARD FOR A TWO-YEAR TJ W,, 1.4 AL1 It was moved by Councilmember Smith, seconded by Councilmember Bosti)f that Chris Brooks be appointed to the Electrical Board for another two term. s� Motion passed 5 to 0. APPOINTMENT OF ONE MSR TO THE LIBRARY BOARD FOR A THREE-YEAR TERM It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Judy Demecs be appointed for a three-year term to the Library Board. Motion passed 5 to 0. 5 APPOINTMENT OF ONE ALTERNATE NEER TO THE ZONING BOARD OF ADJUSTMENTS TO FILL UNEXPIRED TERM AND ONE TO THE BUILDING CODE BOARD OF ADJUSTMENTS & APPEALS TO FILL UNEXPIRED TERM Mayor Reid advised that the above items would be passed to a future agenda. MEE'T'ING RECESSED AT 8:44 P.M. MEETING RECONVENED AT 8:55 P.M. NEW BUSINESS ar. RECEIVE INTO THE RECORDS THE PLAN FOR THE DRAINAGE DISTRICT NO. 4 Q* -,=THE ULTIMATE RIGHT-OF-VAY FOR MARY'S CRENK DRAINAGE Councilmember Smith explained that the City has received a map prepared by the engineer for Drainage District No. 4 which encompasses the width of rights-of-way from approximately Hatfield Road, the outfall ditch at Corrigan addition, to the end of where the bypass goes across F.M. 518. This map indicates the edge of the existing ditch, the 50 year right-of-way and the 100 year right-of-way for Mary's Creek. Councilmember Smith read the following letter into the records of the City: March 12, 1990 Honorable Mayor and City Council P. 0. Box 2068 Pearland, Texas 77588 Gentlemen: The Mary's Creek Ditch Widths and Rights -of -Way Profile prepared by Coenco, Inc., P. 0. Box 1388, Alvin, Texas, 77513 dated March 1990 has been adopted at Regular Meeting No. 5 of this date as the official instrument for development along Mary's Creek. A mylar will be made and signatures affixed to indicate the action of the District of this date. Sincerely, /s/ Lloyd J. Yost General Manager LJY:gf 123 It.was,moved by Councilmember Smith, seconded by Councilmember Bost, that the City accept the Mary's Creek Ditch Widths and Rights -of -Way Profile, dated March, 1990, submitted by Brazoria County Drainage District No. 4 and, using this map as a criteria, adhering to the 100 year rights-of-way for future development along Mary's Creek. Motion passed 5 to 0. ALMiORIZATION TO REPLY TO STATE DEPARTMENT OF HIGHWRYS AND PUBLIC TRANSPORTATIONIS LETM OF FEBRUARY 16, 1990 REGARDING THE CLEAR CREEK CHAMEL EXCAVATION Mayor Reid read a letter received from the Highway Department concerning the Clear Creek Channel Excavation project. In this letter the State requested a letter of commitment from the City of Pearland, stating that the City will excavate the necessary channel outside of Country Club Road right of way in order for the State to proceed with the bridge replacement project on Country Club Road at Clear Creek. Acting City Manager Jim DeShazer, Councilmember Smith and City Engineer Dick Qualtrough reported on the recent meetings held concerning this bridge project. Councilmember Smith read the following letter from the Drainage District into the records: March 12, 1990 Honorable Tom Reid Mayor, City of Pearland P, -O. Box 2068 Pearland, Texas 77588-2068 Dear Mayor Reid: Reference letter dated February 16, 1990, from State Department of Highways and Public Transportation to you pertaining to Clear Creek Channel excavation at Country Club Road bridge replacement project, the Brazoria County Drainage District No. 4 offers this assistance to the City of Pearland on this project: 1. Assuming that August 1990 is the date of letting of the contract and the time frame is approximately 6 months for completion, the District will commence channel excavation as soon as feasible after construction is begun. 2. All engineering for excavation and placement of spoil will be furnished to the District at no cost to the District. 3. The District will not be held liable for any delay of operation by the contractor. The Commissioners request that a resolution be passed by, the City Council relieving the District of any responsibility, or liability of the operation and a copy be forwarded to the District. Sincerely, /s/ Lloyd J. Yost General Manager LJY:gf It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the Mayor be authorized to reply to the State's request regarding the Clear Creek Channel excavation, by guaranteeing them that the excavation will be done in the time frame set out in their letter of February 16, 1990; and that a resolution be prepared and forwarded, after passage by Council, to Drainage District No. 4, stating that the City will hold the County harmless in doing this excavation project. Motion passed 5 to 0. 124 EXCUSED ABSENCE FOR MAYOR TOM REID FROM THE REGLX,AR MEETING OF FEBRUARY 26, 1990 It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the absence by Mayor Tom Reid from the Regular Meeting of February 26, 1990, 'be excused. Motion passed 5 to 0. BID NO. B90-4, ONE FULL SIZE HALF -TON PICKUP TRUCK Council reviewed the following bids: 1. _ �1 VENDOR MAKE PRICE DELIVERY DATE Knapp Chevrolet CC -10903 Chev P.U. $11,210.00 75 Days Timmers Chevrolet CC -10903 Chev P.U. $11,298.00 60 - 90 Days Ron Carter Chevrolet Chev. P.U. $11,206.75 90 -, 120 Days: A. C. Collins Ford '90 F150 Ford P.U. $10,852.00 6 -8 Weeks Les Marks Chevrolet 190 Chev C-1500 $11,453.95 60 - 90 Rays Mike Joyce, Shop Superintendent recommended award of bid to the low bidder, A. C. Collins Ford. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Bid No. B90-4 for one full size half -ton pickup truck be awarded to A. C. Collins Ford in the amount of $10,852.00. Motion passed 5 to 0. BID NO. B90-51 TWO MID SIZE HALF -TON PICKUP TRUCKS Council reviewed the following bids: VENDOR MAKE PRICE DELIVERY DATE A. C. Collins Ford 190 Ford Ranger P.U. $16,900.00 6 - 8 Weeks Knapp Chevrolet CS -10803 Chev P.U. $17,086.00 75 Days Timmers Chevrolet CS -10803 Chev P.U. $17,398.52 60 - 100 Days Mike Joyce, Shop Superintendent recommended award of bid to the low bidder, A. C. Collins Ford. Acting City Manager Jim DeShazer advised that one of the mid size trucks was for the Animal Shelter Department and the bids came in $450 over what was budgeted. The other truck was for the Water & Sewer Production & Treatment Department and the bids came in $1450 over what was budgeted, for a total of $1900 short on budget. City Manager DeShazer recommended that if Council choses to award this bid, they adjust the budget as well. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Bid No. B90-5 be awarded to A. C. Collins Ford in the amount of $16,900.00 and that the difference from the bid cost and what was budgeted be made up from Council Contingency. Motion passed 5 to 0. INVOICE DATED FEBRUARY 27, 1990, J. MARK BREEDING, ATTORNEY AT LAW, FOR SERVICES RENDERED IN HILL LANDFILL CASE, IN THE AMOUNT OF $2,692.70 It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the invoice dated February 27, 1990 from J. Mark Breeding be paid in the amount of $2,692.70 and that the money be taken from the appropriate funds. Motion passed 5 to 0. AUTHORIZATION TO SOLICIT BIDS FOR FILTERS FOR SWIMMING POOL IN INDEPENDENCE PARK Parks Director Barry Lastik explained that the filter tanks at the swimming pool need to be replaced, and that there are two options for bidding the replacements. We can bid for eight fiberglass tanks, that would cost around $13,000 or bid for the original equipment, two steel tanks at a cost of approximately $22,000, both ways would have a ten year warranty, Mr. Lastik advised. It was moved by Councilmember Smith, seconded by Councilmember Miller, that Council authorize Staff to solicit bids for the filters for the swimming pool and include in the specifications, provisions for bidding steel tanks and fiberglass tanks. Motion passed 5 to 0. AUTHORIZATION TO SOLICT BIDS FOR VEHICLE FOR CITY HALL In general Council discussion it was determined that there was a need for two first-class vehicles, one for use by the City Manager and the other to be used collectively by the City Hall Staff. The possibility of one being a van was suggested. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the City Manager be authorized to present for bidding a proposal on one or two full- size sedans and one or two van type vehicles for consideration by the City Council. Motion passed 5 to 0. Mayor Reid advised that there would be no Executive Session this evening. �f AWOURN The meeting adjourned at 9:43 P. M. Minutes approved as submitted and{ -4E corrected this (o day of A. D., 1990. 6�J Mayor ATTEST: City Secr ary 125