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1987-05-11 CITY COUNCIL REGULAR MEETING MINUTES113 MINUTES OF A REGULAR MEETING. OF T[E CITY COUNCIL OF THE CITY OF PFAMAM, TEXAS, HELD ON MAY 11, 1987, 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 Councilmember/Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember Charles Mack (entered Chambers at 7:37 P. M.) City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the meeting: Councilmembers James Bost and Dennis Frauenberger INVOCATION AMID PLEDGE OF ALLEGIANCE The invocation was given my Mayor Tom Reid. The Pledge of Allegiance was led by Mayor Pro Tem Richard Tetens. CHANGE IN CR[ER OF BUSINESS MAYOR'S ACTIVITY REPORT Mayor Reid read a proclamation concerning the use of seatbelts in automobiles and proclaimed the week of May 18-25 as Buckle -Up Week in Pearland. Bill Thomasset, Director of Public Works, accepted the proclamation. Mayor Reid read a proc 1 amation proc 1 aiming the month of May as Better Hearing and Speech Month in Pearland. Accepting the proclamation was Glenda Phinney, representing Beltone Hearing Aid Center. Mayor Reid presented to Daphne Hereford, representative of the Chamber membership drive committee, his individual membership dues to the Pearland Hobby Area Chamber of Commerce. Mayor Reid spoke of the many fine contributions our Chamber has made to the community. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of April 27, 1987 be approved as submitted. Motion passed 3 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Joint Public Hearings held on May 4, 1987 be approved as submitted. Motion passed 3 to 0. SIL ACTIVITY REPORTS Councilmember Tetens reported he had an opportunity to walk through the new City Hall last Friday evening and that things are looking good and are very close to being finished. City Manager Ron Wicker reported that City crews, along with some help from the contractor, have done all the grass sodding around the City Hall and have put in some 60 trees. The trees are supposedly non-bearing pear trees and are planted in such a manner as to appear to be a pear orchard. 114 Residents from Buena Vida Subdivision appeared before Council. They had previously submitted a petition, signed by 13 residents, requesting the City to extend water service to and into Buena Vida Subdivision, located approximatley 650' south of W. Broadway, off Wagon Trail Road, immediately adjacent to the corporate City limits. These residents informed Council that they understood they would be responsible for paying all applicable Capital Recovery Fees, water tap cost, meter deposits, and monthly charges. They have been served with water from a private source but were informed that this service will cease as of June 1, 1987. ♦1 9 11D 1, 1 404110'.A10 : 11 `+ :+1 '1 D. 11 '.1 1 wID, 0I' 'i N • 1011' :+.1 1 Public Works Director Bill Thomasset stated that these residents had spoken with employees in the Public Works Department to see if we could supply them with water. They have been on a community water system which has failed. Presenting Council with a sketch, Mr. Thomasset explained that to supply the subdivision with water would require coming off a 12" line on F.M. 518 and installing 1200' of 8" line down Wagon Trail and then 600' of 6" lines down the two subdivision streets. The total project would cost about $10,000.00. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that the City Manager be authorized to proceed with installing 1200' of 8" water lines and 600' of 6" water lines to service the Buena Vida Subdivision located approximately 650' south of W. Broadway in accordance with the sketch submitted by the Public Works Director. Motion passed 3 to 0. AUTHORIZATION FUR STAFF TO PROCEED WITH EMERGENCY BIDS FOR WATER LINES City Attorney Luke Daniel advised this was clearly an emergency item and, with the provisions under State law, can be exempt from normal bidding procedures. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Council authorize City Staff to proceed with emergency bids from the water lines to service Buena Vida Subdivision. Motion passed 3 to 0. PROVISIONS FOR PAYDMU FOR WATER SERVICE TO RESIDENTS OF BLEM VIEDA. SUBDIVISIOIN A general discussion followed concerning up front costs to the residents before water service is provided and terms of the payment of Capital Recovery Fees. It was moved by Councilmember Mack, seconded by Councilmember Tetens, with the petition submitted by the residents of Buena Vida Subdivision regarding the emergency conditions existing in their water supply, the City will allow the following: (1) Capital Recovery Fees of $860.00 plus .15¢ per sq. ft. of building, floor space or living area, based on 3/4" meter, to be paid out over a 12 month period at 7% interest on the unpaid balance. Each person will enter into an agreement with the City on the payment. (2) The water tap will be $275.00 for 3/4" tap. (3) The meter deposit will be $35.00 (residential) and $65.00 (rental residential), with deposit required before water is supplied. (4) The monthly utility rate will be one and one half times the cost inside the City limits. Failure to pay the bill will result in the water being shut off. Motion passed 3 to 0. DOCXhT PUBLIC BEARINGS - None iAVFIlVISfD BUSINESS ORDINANCE NO. 534, ORDINANCE PROHIBITING SMOKING AT CITY HALL COUNCIL CHAMBERS Ordinance No. 534 read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Mack, that Ordinance No. 534 be passed and approved on the second and final reading. Said Ordinance No. 534 reads in caption as follows: ORDINANCE ND. 534 115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROHIBITING THE SMOKING OF CIGARETTES, CIGARS AND OTHER TOBACCO PRODUCTS IN THE CITY HALL COUNCIL CHAMBERS; CALLING FOR THE POSTING OF SIGNS, PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 535, ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF F. N. 518 WITHIN CORPORATE CITY LIMITS Ordinance No. 535 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Ordinance No. 535 be passed and approved on the second and final reading. Said Ordinance No. 535 reads in caption as follows: ORDINANCE NO. 535 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM 518 WITHIN THE CORPORATE LIMITS OF PEARLgM; PRO- VIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AMID EXPIRATION THEREOF. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. APPOINTMEIff OF ONE M40ER TO THE ZONING BOARD OF ADJUSTMELU FOR A TWD -YEAR TERM Mayor Reid advised that this item would be passed to a future agenda. NEW BUSINESS (Continued) COUNCIL DECISION ON APPLICATION NO. 5, CITY OF PEARLAND, AGENT, REQUEST FOR ZONE CHANGE FROM ]MULTI -FAMILY TO GENERAL BUSINESS ON F. M. 518 Mayor Reid read into the records the following portion of a letter submitted by the Planning and Zoning Commission Chairman, Leroy Savoie: May 6, 1987 Councilmembers: At the Regular Meeting of May 4, 1987, the Planning and Zoning Commission considered a request by the City of Pearland for an amendment to the Land Use and Urban Development Ordinance of Pearland from classification Multi -Family (MF) to General Business (GB), property along F. M. 518, south side, from Galveston Street to 3518 E. Broadway (Plaques 'N Plates). James Garner made a motion to recommend to City Council the approval of the request for an amendment to the Land Use and Urban Development Ordinance. Mary Starr seconded the motion. Motion passed 6-0. The Planning and Zoning Commission is presenting this for Council's consideration. It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Application No. 5, City of Pearland, Agent, request for zone change from Multi -Family 116 to General Business on F. M. 518 be approved and the City Attorney be instructed to prepare the necessary ordinance. Motion passed 3 to 0. d 11 I I DiI:iDl• 101011,11 FROM RE UiAR MEETING OF MAY 11, It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council excuse the absence of Councilmember Dennis Frauenberger from this regular meeting of May 11, 1987. Motion passed 3 to 0. COUNCIL AUTHORIZATION FOR VOLUNTEER FIRE DEPARTMENT TO EXPEND FUNDS RFDCEIVED FROM SALE OF RESCUE TRACK City Manager Ron Wicker explained that shortly we will be receiving the new rescue truck for use by our Fire Department. Recently, we advertised and received bids on the sale of our existing rescue truck. We received two bids, one from Needville Volunteer Fire Department in the amount of $15,315.00 and the other from Magnolia Bend Volunteer Fire Department in the amount of $14,550.00. We would like to request that the Volunteer Fire Department be able to utilize this $15,315.00 in equipping the new rescue truck when it arrives. Mr. Wicker said he believed there was some brief discussion of this during Budget workshop and that City Staff sees no problem and would recommend Council approval of the use of these funds in this manner. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that the Pearland Volunteer Fire Department be authorized to use the $15,315.00 received on the sale of the 1979 Chevrolet rescue truck on the forthcoming new rescue truck. Motion passed 3 to 0. • '1 / r 1 'II;�I• I:i�l' H � I' 1 ♦ 1. , •� 1 � 1 I• • 1 / • 1 • II 71( / I/ r Ir •'.1 � 1 V I 1 I 1 111 11 City Manager Ron Wicker explained that this change order is for completion of the lining of the pit that Gehring Construction has dug. We have not been able, through normal techniques, to clear the seeping area in the landfill pit and this will require going in and redoing some things not covered by the contract and we need to do this as soon as possible while the contractor is out there. In answer to questions by Council, Mr. Wicker advised that there may be other problems to arise at the landfill, but at the present time, we have to do this work to get the pit certified so that we can use it and further stated that he and Mr. Thomasset are to go to Austin this Thursday to meet with the State about our landfill. Mr. Thomasset pointed out that the first change order was to increase the depth of the liner to put it below the ground water; then we discovered the ground water was defeating us; now we are going to take the bottom of the pit up above ground water and believe this will do the job. It was moved by Councilmember Mack, seconded by Councilmember Roberts, that Council approve Change Order No. 2, Gehring Construction Company, Inc., for Sanitary Landfill Pit Excavation and Lining Project, in the amount of $15,000.00. Motion passed 3 to 0. RESOLUTION NO. R87-13, RESOUNION AU H)RIZING CITY MANAGER TO EXECUTE ON B IALF OF THE CITY OF PEARLAND AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE PURCHASE OF DFLAYEE GROUP HEALTH AND FIFE INSURANCE EFFECTIVE JULY 1, 1987 City Manager Ron Wicker explained several months ago when we received word from American General that the rates for hospitalization for employees not under Prucare would go up over 100%, we went out for bids for employee group health and life insurance. The bids received were unacceptable and rejected by Council. Since that time, we have been looking at ways to cut back on the cost of insurance. Buford Parrish, Administrative Assistant to City Manager, contacted Texas Municipal League insurance agency and found that we could substantially reduce our current rates. The TML insurance is through the Hartford Group and would provide the following benefits: 00., Resolution No. R87-13 read in its entirety by Councilmember Roberts. $297.96 117 It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Resolution No. R87-13 be passed and approved on the first and only reading. Said Resolution No. R87-13 reads in caption as follows: FdMLUTION NO. R87-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR EMPLOYEE GROUP LIFE AND HEALTH INSURANCE, EFFECTIVE JULY 1, 1987. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. APPRUVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Invoice No. 4964, Langford Engineering, Inc. for Engineering Services Concerning Expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station, in the amount of $6,038.90 be approved and payment made from the appropriate funds. Motion passed 3 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 02066, Binkley & Holmes, Inc., for Engineering Services in Connection with Permit Amendment for the Pearland Sanitary Landfill, in the amount of $6,810.36, be approved and payment made from the appropriate funds. City Manager Ron Wicker confirmed that the City has withdrawn their application to the State for amendment to Sanitary Landfill Permit. (c) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Estimate No. 17, 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 $72,036.00 be approved and payment made from the appropriate funds. In answer to questions by Council, Public Works Director Bill Thomasset stated that we still owe Mr. Grier the retainage for this project and explained the various change orders and problems with the contractor on this project. Motion passed 3 to 0. Mayor Reid advised that there would be no need for an Executive Session. Employee Dependent/s Health - Plan D $ 98.81 $171.20 Dental - Plan 3 9.79 14.73 Life - $10,000 2.87 - - (.287/1,000) AD & D - $10,000 .56 - - (.056/1,000) Total Per Emp/Dep $112.03 $185.93 Health - Retiree Under Age 65 98.81 171.20 Age 65+ 74.14 74.14 Resolution No. R87-13 read in its entirety by Councilmember Roberts. $297.96 117 It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Resolution No. R87-13 be passed and approved on the first and only reading. Said Resolution No. R87-13 reads in caption as follows: FdMLUTION NO. R87-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR EMPLOYEE GROUP LIFE AND HEALTH INSURANCE, EFFECTIVE JULY 1, 1987. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. APPRUVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Invoice No. 4964, Langford Engineering, Inc. for Engineering Services Concerning Expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station, in the amount of $6,038.90 be approved and payment made from the appropriate funds. Motion passed 3 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 02066, Binkley & Holmes, Inc., for Engineering Services in Connection with Permit Amendment for the Pearland Sanitary Landfill, in the amount of $6,810.36, be approved and payment made from the appropriate funds. City Manager Ron Wicker confirmed that the City has withdrawn their application to the State for amendment to Sanitary Landfill Permit. (c) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Estimate No. 17, 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 $72,036.00 be approved and payment made from the appropriate funds. In answer to questions by Council, Public Works Director Bill Thomasset stated that we still owe Mr. Grier the retainage for this project and explained the various change orders and problems with the contractor on this project. Motion passed 3 to 0. Mayor Reid advised that there would be no need for an Executive Session. 118 Minutes approved as submitted and/or corrected this day of A. D . , 1987. t Mayor ATTEST: -4-1�1 vte�� City SeVretary