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1987-02-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, BELD ON FEBRUARY 9, 1987, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PF.ARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Stella Roberts Richard Tetens James Bost Charles Mack (entered Chambers at 7:40 P. M.) Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Dennis Frauenberger. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the minutes of the Regular Meeting of January 26, 1987, be approved as submitted. Motion passed 4 to 0. (Councilmember Mack absent from the Chamber.) MAYOR'S ACTIVITY REPORT Mayor Reid recognized from the audience former Councilmember Morris Wilson and Mayor Ken Sparks, City of Manvel. Mayor Reid reported on several activities around the City during the last week. COUNCIL ACTIVITY REPORTS Councilmember Roberts reported that last week the Parks Department personnel and the Clean Pearland Coordinator planted about 800 pine seedlings behind the Chamber building and it is hoped a good percentage of these can later be transplanted into the City parks and other City areas. CITIZENS 1. Tom Bowman, representing G.A.P. Mr. Bowman was present to personally extend to the Council an invitation to attend a regional transportation update conference, sponsored by G.A.P. Corridor Association, in Galveston on February 12 and ask for the City's endorsement, by resolution, of the G.A.P. plans. NEW BUSINESS City Attorney Luke Daniel informed Council of the following changes in the resolution: fourth paragraph, the word thoroughfare, change to corridor and insert, along the East side of Pearland, immediately following corridor. In addition, in the caption, G.A.P. will be spelled out as Galveston-Alvin-Pearland. Resolution No. R87-5 read in its entirety by Councilmember Tetens. 79 Contemplated and Pending Litigation. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:06 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation; (1) Article 1269m V.A.T.C.S.; (2) Ford et. al. v. Pearland Wrecker, et. al. - SUBSECTION (f) ACQUISITION OF REAL PROPERTY - (1) Street Rights -of -Way, Oakbrook Subdivision. - SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment of Members to Animal Control Board; (2) Discussion of Appointment of Members to Charter Review Commission. MEETING RETURNED TO OPEN SESSION AT 10:05 P. M. - NO ACTION TAKEN. Meeting adjourned at 10:05 P. M. Minutes approved as submitted and/or corrected A. D., 1987. ATTEST: Y�� kL411 City Sec tary It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Resolution No. R87-5 be passed and approved on the first and only reading. Said Resolution No. R87-5 reads in caption as follows: RESOLUTION NO. R87-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING PLANS OF GALVESTON-ALVIN-PEARLAND (G.A.P.) TRANSPORTA- TION CORPORATION. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. CITIZEVS - (Continued) 2. Allie Richardson, Pearland, Texas and Fred Abbey, Attorney. Mr. Richardson and Mr. Abbey discussed with Council the fence at Mr. Richardson's car lot at 2201 North Main which the City has advised encroaches upon the right-of-way on Plum Street. They requested from Council permission to keep the fence as it now stands. In a Staff discussion with Council it was pointed out that when Mr. Richardson obtained a building permit for the fence he presented a handwritten sketch. Later, in order to obtain a permit for a building on the property, Mr. Richardson furnished a survey of the property. At that time it was determined that his fence encroached upon the 60' right-of-way on Plum Street. City Manager Ron Wicker commented that as far as the Staff was concerned, they believed that we need to protect against encroachment upon our dedicated public street rights-of-way. Le I 14 1 ki 1 tV V, IDiil APPROVAL OF APPLICATION FOR PAYMENT NO. 16, G. R. GRIER, INC. FOR EXPANSION OF LOQ AND BARRY ROSE W.W.T.P. AND TWIN CREEK WOODS LIFT STATION, AMOUNT DEPENDENT UPON RETAINAGE City Manager Ron Wicker explained Mr. Grier is requesting an exception and release of some of the retainage; whereby we keep 2-1/2% retainage in lieu of the 5% that the contract calls for. We have a letter from the bonding company saying they have no problem with this. Mr. Wicker stated he had some concerns about this reduction in retainage and about what impact it would have on other contracts in the City. Public Works Director Bill Thomasset advised that he saw no serious problems with the project; it is basically complete and we have already taken "beneficial occupancy" at the two plants. City Attorney Luke Daniel informed that in reviewing the contract, it calls for retainage in the amount of 5%, unless, at their discretion, the owner decides to reduce it. City Attorney Daniel stated that this was not, in his opinion, the ideal case in which to reduce retainage because of several potential problems. It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that based on the fact that the contract states the owner may reduce the retainage and that this is a different type project, Application for Payment No. 16, G. R. Grier, Inc. for expansion of Longwood and Barry Rose W.W.T.P. and Twin Creek Woods Lift Station, be approved in the amount of $111,086.00. Motion failed 3 to 2. Councilmembers Roberts, Tetens and Bost voting against. City Attorney Daniel advised even though this motion failed, without this reduction -- in retainage there is still some money to be paid the contractor before the 15th of this month. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that payment No. 16, G. R. Grier, Inc. for expansion of Longwood and Barry Rose W.W.T.P. and Twin Creek Woods Lift Station, in the amount of $12,417.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. •'• 1 Of DQ • • I I5i I:�1• • 11 • •• :• 'J1 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Mr. Bill Pratt be appointed as a member to the Animal Control Board. Motion passed 5 to 0. MEETING RECESSED AT 8:36 P. M. MEETING RECONVENED AT 8:42 P. M. Mayor Reid administered the Oath of Office to Susan Elam as member of the Animal Control Board. APPOINTMENT OF MENEERS TO 1987 CHARTER REVIEW COMMISSION Mayor Reid presented for Council's consideration the following names: Dr. Howard J. Schneider 2312 Green Tee Drive Mrs. Paula Scardino 5014 Camden Lane Mrs. Helen Beckman 2705 Churchill Mrs. Fran Coppinger 2111 N. Galveston Avenue Mayor Reid stated one additional member will be named at a later date. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that Dr. Howard Schneider, Mrs. Paula Scardino, Mrs. Helen Beckman, and Mrs. Fran Coppinger be appointed to the 1987 Charter Review Commission. Motion passed 5 to 0. NEW BUSINESS - (Continued) COUNCIL DECISION (IF ANY) CONCERNING RIGHT-OF-WAY ENCROACHMENT ON PLUM STREET This item was passed at this time to be discussed in Executive Session. CONCERNING FORD et. al. v. PEARLAND WRECKER et. al., CAUSE NO. 81F3264 IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS - INDEMNIFICATION OF RONALD WICKER AND GIEI STANFORD It was moved by Councilmember Mack, seconded by Councilmember Bost, that the City Council indemnify Ronald. Wicker and Glenn Stanford, under the City Indemnification Ordinance, concerning Cause No. 81F3264 in the District Court of Brazoria County, Texas. Motion passed 5 to 0. CONCERNING FORD et. al. v. PEARLAND WRECKER, et. al., CAUSE NO. 81F3264 IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS - ALMURIZATION FOR CITY ATTORNEY TO PROCEED WITH APPEAL OF JUDGMENT It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the City Council authorize the City Attorney to proceed with the appeal of judgment in Cause No. 81.F3264 in the District Court of Brazoria County, Texas. Motion passed 5 to 0.' SETTING PRIORITIES ON STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION 1987-88 FEDERAL -AID OFF SYSTEM BRIDGE P"IACEMENT AND REHABILITATION PRAM City Manager Ron wicker explained that the State Department of Highways and Public Transportation had recently conducted a Bridge Inventory file of structures in our area to determine if any were candidates for replacement or rehabilitation. This week we received a letter from the District Engineer with a list of structures in our area that are candidates for this program, and they are requesting a priority listing of the bridges in which we would be able to participate. This Off -System Program is funded 80% by the Federal government and 20% by local funds. Mr. Wicker stated that because our funds are very limited, the Staff would like to recommend the following Mm• three bridges as top priority: (1) Longherridge Drive at Mary's Creek; (2) Country Club Drive at Clear Creek, and (3) Dixie Farm Road at Drainage Ditch, at Mary's Creek. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council set priorities on State Department of Highways and Public Transportation 1987-88 Federal -Aid Off System Bridge Replacement and Rehabilitation Program as (1) Longherridge Drive at Mary's Creek; (2) Country Club Drive at Clear Creek; and (3) Dixie Farm Road at Drainage Ditch, at Mary's Creek. PMO Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:00 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation; (1) Article 1269m V.A.T.C.S., (2) Ford et. al. v. Pearland Wrecker, et. al., (3) City v. Allie Richardson dba Allie's Pearland Gulf, (4) MECA Corp. v. B. M. Jamison, et ux., and (5) Discussion of Landfill Permit. - SUBSECTION (g) PERSONNEL - Discussion of Appointment of Member to 1987 Charter Review Commission. MEETING RETURN TO OPEN SESSION AT 10:19 P. M. NEW BUSINESS - (Continued) COUNCIL DECISION (IF ANY) CONCERNING RIGHT -0F -WAY ENCROACHMENT ON PLUM STREET It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the City Council request of Mr. Richardson that he remove his encroachment from the City right-of-way. Motion passed 5 to 0. Meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected , A. D., 1987. ATTEST: 5 4. - 'City Seigretary this O� J day of Mayor