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1985-04-22 CITY COUNCIL SPECIAL MEETING MINUTESW MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON APRIL 22, 1985, 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 Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Al Lentz Richard F. Tetens James Bost Terry Gray Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilman Richard Tetens. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz, that the minutes of the Special Meeting and Public Hearing of March 18, 1985, be approved as submitted. Motion passed 4 to 0. Councilman Tetens abstained. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the minutes of the Continuance on March 19, 1985 of Special Meeting and Public Hearing (Commenced on March 18, 1985) be approved as submitted. Motion passed 4 to 0. Councilman Tetens abstained. It was moved by Councilman Gray, seconded by Councilman Lentz, that the minutes of the regular meeting of April 8, 1985, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read a proclamation proclaiming the month of May, 1985, as ABWA Education Month. Cheryl Barnett accepted the proclamation on behalf of the American Business Women's Association Rosette Chapter. Mayor Reid read a proclamation proclaiming the week of April 21-27, 1985, as Keep America Beautiful Week. Accepting the proclamation were Judy Devine, Stella Roberts, Fran Coppinger and Naomi Taylor from Clean Pearland. Mayor Reid recognized former Councilman Mack in the audience. Mayor Reid read a proclamation proclaiming the week of April 29 - May 5, 1985, as Clean Air Week on behalf of the American Lung Association. Mayor Reid appointed Councilman James Bost as chairman of the Sign Ordinance Review Committee. Other members named were City Attorney Luke Daniel, Code Enforcement Officer Ernie Buenrostro, Assistant City Manager Gary Jackson, Chamber President Kerry Spradley, Judy Hurd from Retail Merchants Association, Stella Roberts, Presi- dent of Clean Pearland, former Councilman Charles Mack and a citizen from one of the Civic Clubs who will be named later. Councilman Lentz reported that there will be a meeting of the Planning and Development Committee, Wednesday, April 24 at 7:00 P.M. to discuss the proposed MUD 10 and outline several other items relative to the Subdivision Ordinance that will be discussed at future meetings. Other members of this committee are Councilman Tetens and Leroy Savoie and Bill Teasdale from the Planning and Zoning Commission. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS None UNFINISHED BUSINESS: (REMOVE FROM TABLE) CALL OF PUBLIC HEARING ON PROPOSED REVISIONS TO LAND USE AND URBAN DEVELOPMENT ORDINANCE AND PROPOSED REVISED ZONING MAP It was moved by Councilman Bost, seconded by Councilman Gray, that call of public hear- ing on proposed revisions to Land Use and Urban Development Ordinance and proposed revised Zoning Map be removed from table and considered at this time. Motion passed 5 to 0. It was moved by Councilman Bost, seconded by Councilman Gray, that a public hearing on proposed revisions to Land Use and Urban Development Ordinance and proposed revised Zoning Map be called on Tuesday, May 21, 1985, at the Community Center at 7:30 P.M. Motion passed 5 to 0. NEW BUSINESS: UPDATE ON PUBLIC SAFETY FACILITY BY MR. JOE SANTOPETRO OF CHRISTOPHER DI STEFFANO AND ASSOCIATES. ARCHITECTS Mr. Santopetro presented for Council review a set of plans on the new public safety facility that he said was approximately 80% complete and he stated that it was a possibility that they could put the job out for bids within the next 2-3 weeks. COUNCIL DISCUSSION REGARDING PAVING ASSESSMENTS ON PORTIONS OF LIBERTY DRIVE, FROM F. M. 518 SOUTH TO SHADYBEND AND ON SOUTH GALVESTON STREET FROM F. M. 518 SOUTH TO WALNUT STREET RESTATEMENT OF COUNCIL POLICY ON STREET PAVING ASSESSMENTS A motion was made by Councilman Bost, seconded by Councilman Frauenberger, that the Council adopt a policy that all assessment paving will be accomplished in accordance with 1105b. Motion passed 5 to 0. CONSIDERATION OF INSTRUCTING THE CITY ATTORNEY TO PREPARE APPROPRIATE ORDINANCES FOR STREET PAVING ASSESSMENTS ON PORTIONS OF LIBERTY DRIVE AND SOUTH GALVESTON STREET The Council had a general discussion concerning what the percentage ratio should be on the assessment of the paving on Liberty Drive and South Galveston; what items should be left out and what should be left in when the City Attorney prepares the appropriate ordinances. A motion was made by Councilman Gray, seconded by Councilman Frauenberger, that the City eliminate from charging for relocation of utilities, underground storm drainage, intersections, sidewalks and all related engineering fees that would have been applied to their design. Motion passed 5 to 0. A motion was made by Councilman Bost, seconded by Councilman Tetens, that the ratio on Liberty Drive and South Galveston Street be set as 60/40 for improvements from back of curb to back of curb. Motion passed 5 to 0. A motion was made by Councilman Gray, seconded by Councilman Lentz, that the City Attorney be instructed to prepare the appropriate ordinances for street paving assessments on portions of Liberty Drive and South Galveston Street on the basis of a 60/40 ratio excluding relocation of utilities, underground storm drainage, intersections, sidewalks and all engineering fees relative to these items. Motion passed 5 to 0. APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR A THREE-YEAR TERM Mayor Reid explained that there was only one member under consideration at this time. A motion was made by Councilman Tetens, seconded by Councilman Lentz, that Bill Teasdale be reappointed to the Planning and Zoning Commission for a three-year term. Motion passed 5 to 0. APPOINTMENT OF EARL LAIRSON AND COMPANY AS AUDITOR FOR THE FISCAL YEAR OCTOBER 1, 1984 THROUGH SEPTEMBER 30, 1985 City Manager Ron Wicker explained that Earl Lairson and Company have provided audit requirements for the City for over eight years and the audit reports have been very appropriate and he would recommend the appointment. A motion was made by Councilman Frauenberger, seconded by Councilman Tetens, that Earl Lairson and Company be appointed as Auditor for the fiscal year October 1, 1984 through September 30, 1985, and that the mayor be authorized to sign the contract. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE ORDER FOR ACCEPTANCE AND/OR USE OF "CONNECTING - LINK" ROAD FUNDS AVAILABLE FROM BRAZORIA COUNTY City Manager Ron Wicker explained that this was the time of year that we approve the authorization for the Mayor to execute the order of acceptance of approximately $15,000 in funds from Brazoria County to redo one of our connecting -link roadways within the City. This year we are recommending we use the County funds along with other City funds on South Dixie Farm Road. A motion was made by Councilman Gray, seconded by Councilman Bost, that the Mayor be authorized to execute the order of acceptance of the $15,000 from the County and the funds be spent for the improvement of Dixie Farm Road South. Motion passed 5 to 0. REVIEW AND POSSIBLE AWARD OF BID NO. B85-5, CONSTRUCTION OF F. M. 518 DRAINAGE CROSSING: The following bids were reviewed by Council: COMPANY LUMP SUM BID BID BOND C & D Constructors, Inc. $251,705.00 yes CABCO Enterprizes, Inc. 256,697.00 yes Baytex Construction Co. 302,709.00 yes B & T Contracting Inc. 297,035.00 yes Jerdon Construction Co, Inc. 297,290.00 Whitelak, Inc. 400,137.00 ves Durwood Greene Construction Co. Mainland Construction Co. $311,313.24 yes 230,645.96 ves Fowler Engineering Co. 270,811.00 yes Big H. Construction Inc. 242,229.00 yes Ben Felts Utilitv Contracting, Inc. 264,301.00 Ike Hall, Inc. 272,976.22 s David Wight Construction Co, Inc. 277,492.00 yes Mercer Construction Co. 243,015.00 s 45 City Manager Ron Wicker stated that last Friday, April 19, bids were opened for the F. M. 518 Drainage Crossing. We received 14 bids and we are recommending award to the low bidder, Mainland Construction Company, Inc. A motion was made by Councilman Lentz, seconded by Councilman Bost, that Bid No. B85-5, Construction of F. M. 518 Drainage Crossing be awarded to Mainland Construction Com- pany, Inc. in the amount of $230,645.96 and the Mayor be authorized to sign the con- tract. Motion passed 5 to 0. RESOLUTION NO. R85-10, RESOLUTION CHANGING SECOND MEETING DATE IN MAY DUE TO MEMORIAL DAY HOLIDAY Resolution No. R85-10 read in full by Councilman Tetens. It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that Resolu- tion No. R85-10 be passed and approved on the first and only reading. Said Resolution No. R85-10 reads as follows: RESOLUTION NO. R85-10 A RESOLUTION CHANGING THE SECOND REGULAR MEETING DATE IN MAY, 1985, DUE TO MEMORIAL DAY HOLIDAY. WHEREAS, the regular meeting date of the City Council of the City of Pearland, Texas is to be the second and fourth Monday of each month; and WHEREAS, in May, 1985, the fourth Monday falls upon the Memorial Day holiday, same being May 27, 1985: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: THAT the regular meeting which would have been held on the fourth Monday of May, 1985, be and the same is hereby changed to, and will commence at 7:30 o'clock p.m., 28th (Day) May 1985 in the Council Chambers at City Hall, (Month) (Date) Pearland, Brazoria County, Texas; THAT the City Secretary of the City of Pearland, Texas is hereby directed to cause a true and correct copy of this Resolution to be published at least one time within ten days after its passage 46 in the official newspaper of the City; thereafter, this resolution will become effective immediately upon and from such publication date. PASSED, APPROVED, and ADOPTED this 22 day of April , A.D., 1985. ATTEST: /s/ Kay Krouse City Secretary APPROVED AS TO FORM: /s/ Luke Daniel City Attorney /s/ Tom Reid Mayor, City of Pearland, Texas Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, Council- man Tetens and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 491, AN ORDINANCE ABANDONING, VACATING AND RELINQUISHING A DEDICATED PUBLIC STREET RIGHT-OF-WAY LOCATED IN SECTION 12, H.T. & B. R. R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS SAME BEING FOR PEARLAND SITES ROAD SOUTH OF MAGNOLIA ROAD. City Manager Ron Wicker explained that Pearland Sites at Magnolia was originally offset, and possibly back in the 1930's the road was aligned which left an undevel- oped portion of Pearland Sites Road that has never been used. The City has no utilities in this right-of-way, and it is not being used for any substantial purpose at this point and we find no reason it should not be abandoned to adjacent property owners. City Attorney Luke Daniel stated that there is no public use or need for this right- of-way. ight- of-way. Ordinance No. 491 read in caption by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Bost, that Ordinance No. 491 be passed and approved on the first of two readings. During Council discussion it was brought -out that the exhibits in the Ordinance that are the legal descriptions of the tract to be abandoned, have included the 120 foot right- of-way the City needs for the proposed future widening of Magnolia. The people request- ing the abandonment will be notified to have the exhibits amended to show where the City will have the 120 foot right-of-way. Councilman Gray withdrew his previous motion. A motion was made by Councilman Gray, seconded by Councilman Frauenberger, that con- sideration of Ordinance No. 491 be tabled until the exhibits to the ordinance are amended to exclude the 120 foot right-of-way. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING TNVOTCRS- (a) A motion was made by Councilman Lentz, seconded by Councilman Bost, that Invoice No. 312, Snowden Engineering, for engineering work in connection with preparation of plans and specifications for Liberty Drive and South Galveston Street, in the amount of $523.10 be approved and payment be made from the appropriate funds. 47 Motion passed 5 to 0. (b) A motion was made by Councilman Lentz, seconded by Councilman Gray, that Estimate No. 3, Big H Construction, Inc., for Walnut Street Sanitary Sewer Lift Station Rehabilitation project, in the amount of $6,186.37 be approved and payment be made from the appropriate funds. Motion passed 5 to 0. (c) A motion was made by Councilman Lentz, seconded by Councilman Bost, that Invoice No. 4192, Langford Engineering, Inc., for expansion of Barry Rose and Longwood WWT facilities and Twin Creek Woods Lift Station, construction of Twin Creek Woods force Main and lift station, and updated permitting for Barry Rose and Longwood plants, in the amount of $13,204.69 be approved and payment be made from the appropri- ate funds. Motion passed 5 to 0. CITY PARTICIPATION IN FEDERAL -AID OFF -SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION City Manager Ron Wicker reported that we had received a letter from Omer Poorman's office which basically outlines their Federal -Aid Off -System Bridge Replacement and Rehabilitation Program. Through their sufficiency rating of bridges throughout Brazoria County, they have placed scores on these bridges from 0 to 80. They say that any bridge rated between 0 to 50 is capable of being replaced; any bridge rated between 50 to 80 would be a candidate for rehabilitation. The process is that, - if it is approved by the State, it could be funded by 80% State and Federal funds and 20% local funds for.preliminary engineering, construction and construction engineering on bridge projects within a City. We need to respond to this no later than April 30, 1985. They would like to have a.priority listing of 1 to 5 diff- erent bridge structures within the City that we would like to have considered for funding. In a memo prepared by City Manager Wicker he had listed the recommended priority list, based on the list provided by the Highway Dept. showing the five bridges within the City that they considered to be the most critical. The list is: 1) Longherridge Drive at Mary's Creek rating 24.1 2) Country Club Drive at Clear Creek rating 40.4 3) Pearland Sites Road at Mary's Creek rating 42.7 4) Old Alvin Road at Mary's Creek rating 48.2 5) McLean Road at Mary's Creek rating 49.0 Mr. Wicker recommended Council approval of the five bridges as possible candidates for replacement. If funded, the City would have to pay 20% of the cost of the replacement which could come from the 1982 Drainage Bond Fund. A motion was made by Councilman Gray, seconded by Councilman Frauenberger, that the Mayor be authorized to write a letter to the Highway Department indicating our interest in participating in the Federal -Aid Off -System Bridge Replacement and Rehabilitation Program and listing the five bridges in the priority order that was recommended. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 8:45 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2 - SUBSECTION (e) LEGAL - Comtemplated and Pending Litigation, (1) Article 1269m V.A.C.S., (2) City Subdivision Ordinance, Mobile Home Ordinance. - SUBSECTION (g) PERSONNEL - Appointment of the following: (1) A Deputy City Prosecutor Pursuant to Item No. 11 Under New Business, (2) Member to Planning and Zoning Commission, and (3) Members to Zoning Board of Adjustment. MEETING RETURNED TO OPEN SESSION AT 10:30 P. M. UNFINISHED BUSINESS - CALL OF PUBLIC HEARING ON PROPOSED REVISIONS TO LAND USE AND URBAN DEVELOPMENT ORDINANCE AND PROPOSED REVISED ZONING MAP - CONTINUED City Manager Ron Wicker explained that shortly after Council went into Executive Session, in discussing the Public Hearing time frame with City Staff, it was recommended that the hearing be called approximately two weeks later to give suffi- cient time for publishing and mailing out notices to all property owners within the City. It was moved by Councilman Bost, seconded by Councilman Gray, that the Public Hear- ing on the proposed revisions to the Land Use and Development Ordinance and proposed revised zoning map be called for Monday, June 3, 1985, instead of May 21, at the Community Center at 7:30 P. M. Motion passed 5 to 0. NEW BUSINESS: SELECTION OF ARCHITECT FOR NEW CITY HALL AND AUTHORIZATION TO PROCEED WITH PLANS FOR CITY HALL TO BE LOCATED ON LIBERTY DRIVE SITE. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the architectural firm of Dansby and Miller be selected to proceed with the plans and specifications for the new city hall and that the site be the Liberty Drive site next to the Library building and that the Mayor be authorized to execute the con- tract. Motion passed 5 to 0. ELECTION OF A MAYOR PRO TEM It was moved by Councilman Gray, seconded by Councilman Lentz, that James Bost be elected as Mayor Pro Tem. Motion passed 4 to 0. Councilman Bost abstained. AUTHORIZATION FOR CITY ATTORNEY TO RETAIN THE SERVICES OF A DEPUTY CITY PROSECUTOR It was moved by Councilman Lentz, seconded by Councilman Tetens, that the City retain the services of Randall L. Ferguson, Attorney, as Deputy Municipal Prosecutor. Motion passed 5 to 0. ADJOURN The meeting adjourned at 10:35 P. M. Minutes approved as submitted and/or corrected this thej,_ day of , A. D., 1985. Mayor ATTEST: l �iZ try ALILI� City S retary