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1985-08-12 CITY COUNCIL REGULAR MEETING MINUTES114 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 12; 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 James E. Bost Terry Gray Dennis Frauenberger Richard Tetens Al Lentz Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of Allegiance was led by Charles Mack, member of the Planning Commission and former Councilman. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of July 22, 1985, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that earlier this evening he has presented a Certificate of Appreciation to Randy Pryor at a reception held at the Dad's Club. This was in recognition of Randy's fine athletic accomplishments. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that the Planning and Development Committee met last week with General Homes and Corson & Garman concerning the reactivation of MUD No. 6. Councilman Bost reported that the Sign Ordinance Review Committee will meet at 3:00 P. M. this Tuesday at the Community Center. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that on July 31, he, the engineer and the attorney attended the contested hearing on Cowart Creek sewage treatment plant permit. No prob- lems arose at the hearing and the permit was granted. Mr. Wicker reported that the contractor is now pouring concrete at the Public Safety Facility site; the McLean Road/Pearland Sites Road new park has been mowed by a con- tractor and looks very nice; and Ike Hall, the contractor for the 1985 Street Mainte- nance program has started work on Old Alvin Road and this should be complete by the time school starts. City Attorney Luke Daniel reported that he will be attending a seminar in Dallas at the end of the week. He has hired a new secretary for his office; she was selected from a large number of applications. CITIZENS: None DOCKETED PUBLIC HEARINGS: None 115 UNFINISHED BUSINESS: ORDINANCE NO. 58E, AN ORDINANCE AMENDING SECTION 27-4 OF,CODE OF ORDINANCES OF CITY OF PEARLAND (SUBDIVISIONS) Ordinance No. 58E read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz, that Ordinance No. 58E be passed and approved on the second and final reading. Said Ordinance No. 58E reads in caption as follows: ORDINANCE NO. 58E AN ORDINANCE AMENDING SECTION 27-4 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLI- CATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: REQUEST BY JOHN MORRISON OF SEIS PROS, HOUSTON, TEXAS, FOR PERMIT TO CONDUCT SEISMO- GRAPH TESTING THROUGH CITY.OF PEARLAND Mr. John Morrison of Seis Pros explained that his company would like to conduct seismograph testing coming South through the McGinnis Subdivision, crossing Dixie Farm Road, coming down to and across 518 at the East Broadway office building and continuing south between the office building and the Windmill Apartments and on out into the county. They would be using an air gun through populated areas and would like to use small dynamite charges in the sparsely populated areas. City Manager Ron Wicker stated that he had concerns about the use of explosives in- side the City Limits; that there would be a lot of citizen complaints about the noise and vibrations. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Seis Pros of Houston, Texas, be granted a permit to conduct seismograph testing through the City of Pearland with the use of the air gun and that the fee be $500.00. Motion passed 5 to 0. It was pointed out that the work hours would be from 8:00 A.M. to 7:00 P.M. and that Seis Pros would furnish the City with a certificate of insurance in the amount of $500,000 and a bond in the amount of $1,000,000. Mr. Morrison stated that the City and landowners will be notified before the testing begins. SUBMISSION OF THE CITY MANAGER'S PROPOSED 1985-86 BUDGETS AND CALL OF A PUBLIC HEAR- ING BY THE CITY COUNCIL City Manager Ron Wicker presented to the Council the proposed budgets for Fiscal Year 1985-86 with an explanation of how this is the closest budget the City has had to put together. It was moved by Councilman Gray, seconded by Councilman Tetens, that the City Manager's proposed 1985-86 Budgets be received into the records and that a public hearing be called on the proposed 1985-86 budget and revenue sharing budget for Monday, August 19, 1985, at 7:30 P.M. Motion passed 5 to 0. 116 REVIEW AND POSSIBLE AWARD OF THE FOLLOWING BIDS: a) Bid No. B85-15, Expansion of Barry Rose and Longwood Wastewater. Treatment Facilities and Twin Creek Woods Lift Station Council reviewed the following bids: BID ADDENDA CALENDAR BIDDER BOND AMOUNT BID ACKNOWLEDGED DAYS Basic Constructors, Inc. X $4,165,260.00 X 330 G. R. Grier, Inc. X 3,865,050.00 X 330 W. T. Stephens Contracting X 4,038,560.00 X 330 Lem Construction Company,Inc. X 4,460,800.00 X 330 Na -Con Services, Inc. X 4,082,560.00 X 330 Public Works Director Bill Thomasset explained that the City opened bids on this pro- ject Monday, August 5 and received five very competitive bids and he would recommend award to the low bidder. It was moved by Councilman Lentz, seconded by Councilman Tetens, that Bid No. B85-15, Expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station be awarded to G. R. Grier, Inc., for their low bid of $3,865,050.00 and that the Mayor be authorized to sign the contract. Motion passed 5 to 0. b) Bid No. B85-16, Disposable Refuse Bags Council reviewed the following bids: PRICE EACH PRICE EACH BUNDLE VENDOR BAG of 52 BAGS TOTAL NET PRICE Stone Container Corporation .16645 8.6554 $70,741.25 Champion International .16295 8.4734 69,253.75 Assistant City Manager Gary Jackson explained that both bids received were less than any year we have been taking bids and he would recommend award to the low bidder. It was moved by Councilman Gray, seconded by Councilman Bost, that Bid No. B85-16, Disposable Refuse Bags, be awarded to Champion International for a total net price of $69,253.75. Motion passed 5 to 0. GIVING MAYOR AUTHORITY TO SIGN A LETTER TO THE EFFECT THAT BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 HAS COMPLIED WITH CITY ORDINANCE NO. 411 AND APPROVING PRO- POSED BOND ORDER FORM SUBMITTED BY THE DISTRICT; AND FURTHER AUTHORIZING MAYOR TO SEND SAME TO THE DISTRICT AND TO THE ATTORNEY GENERAL OF TEXAS Ron Campana, representing Municipal Utility District No. 1, explained that MUD 1 is attempting to sell $4,200,000 bonds to fund waterworks and sewer systems at South- wyck Subdivision and pursuant to their agreement with the City, they need the City's approval to proceed. 117 City Attorney Luke Daniel stated that he has reviewed the bond order and would recommend approval. It was moved by Councilman Gray, seconded by Councilman Lentz, that the Mayor be authorized to sign a letter to the effect that Brazoria County Municipal Utility District No. 1 has complied with City Ordinance No. 411 and approving proposed bond order form submitted by the District; and further authorizing Mayor to send same to the District and to the Attorney General of Texas. Motion passed 5 to 0. CITY ACCEPTANCE OF HAZELDALE ESTATES, STREETS, WATER SYSTEM, SANITARY SEWER SYS- TEM AND DRAINAGE Public Works Director Bill Thomasset stated that everything seems to be in order and he would recommend acceptance. It was moved by Councilman Lentz, seconded by Councilman Bost, that the City accept Hazeldale Estates, streets, water system, sanitary sewer system and drain- age subject to the submittal of the usual data, bonds, etc. Motion passed 5 to 0. AUTHORIZATION TO BID CITY BANK DEPOSITORY CONTRACT City Manager Ron Wicker explained that in the past the bank depository contract has been for a three year period. This year we are proposing a two-year contract and are asking for authorization to proceed with the bidding. After opening the bids, they will be forwarded to Earl Lairson, our auditor, for his review and recommendation. A question and answer session followed between the Council and City Manager Ron Wicker concerning the specifications for the bank depository contract. It .was moved by Councilman Bost, seconded by Councilman Lentz, that the Staff be authorized to proceed with the bidding of the City Bank Depository Contract. Motion passed 5 to 0. In answer to a question by the Mayor, City Attorney Daniel stated that he had available in his office the 988b Disclosure forms concerning City officials' Conflicts of Interest, if anyone was interested in picking up one. ORDINANCE NO. 246-108, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 146, HECTOR DIAZ-CRODA, AGENT FOR DIAZ-MONTERO IMPORTS, INC., OWNER Ordinance No. 246-108 read in caption by Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 246-108 be passed and approved on the first of two readings. Said Ordinance No. 246-108 reads in caption as follows: ORDINANCE NO. 246-108 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Council- man Tetens and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. i1Q INCREASE IN WRECKER SERVICE RATES WITHIN THE CITY City Manager Ron Wicker explained that some time ago he had received comments from various wrecker services within the City requesting that we look at updating our rates. He requested Police Chief Stanford to survey the wrecker charges of the surrounding cities, including Houston. City Manager Wicker submitted the following rate schedule to be placed on file in the office of the City Secretary and director relating to wrecker charges under the Wrecker Service Ordinance: Wrecker Charges (Maximum) 1. Normal tow from the scene of accident in the City Limits to the place of business of the emergency auto wrecker location or storage area within City Limits, day, night, holidays or Sundays, a charge not to exceed $45.00. 2. Normal transfer tow, authorized by owner, from original towed location to another location within the City Limits, a charge not to exceed $20.00. 3. Normal transfer tow, authorized by owner, from original location to another location within the City Limits on Saturdays, Sundays, and holidays, or between the hours of 4:00 P.M. and 7:00 A.M., a charge not to exceed $30.00. 4. To disengage or remove drive shafts a charge not to exceed $20.00. 5. To remove and replace a tire and wheel in order to tow the disabled vehicle, a charge not to exceed $10.00 each wheel and tire. 6. To place a disabled vehicle on a dolly or to airplane it, a charge not to exceed $75.00. 7. To remove a submerged vehicle, a charge not to exceed $100.00. 8. To up -right an overturned vehicle or remove vehicle from a ditch or embank- ment, a charge of $20.00 in addition to usual tow. A normal tow is defined as "picking up the vehicle or moving or towing the vehicle from a street or location to a street or location." Storage Fees (Maximum) 1. Outside storage - - - - - - - - - - - - - - $3.00 per day. 2. Inside storage - - - - - - - - - - - - - - $5.00 per day. It was moved by Councilman Bost, seconded by Councilman Tetens, that the rate schedule as presented tonight for wrecker services as prescribed by Ordinance No. 374 be approved to be effective immediately and copies kept on file in the appropriate places. Motion passed 5 to 0. RESOLUTION NO. R85-18, RESOLUTION APPROVING BYLAWS OF THE PARKS, RECREATION AND BEAUTI- FICATION BOARD Assistant City Manager Gary Jackson explained that the Parks Board has for several meet- ings discussed their concern that the only basis of operation of the Board is one sen- tence out of the Charter. They felt that there needs to be a little more guidance as to regular operation; therefore, the Board drafted and has submitted for Council's approval recommended bylaws of general operations of the Parks, Recreation and Beauti- fication Board. There was some discussion by the Council concerning the fact that the bylaws themselves did not specify number and terms of office of the Board and several other areas. It was generally felt that a base ordinance should be prepared to cover this. It was moved by Councilman Gray, seconded by Councilman Bost, that Resolution No. R85-18 119 and Bylaws of the Parks, Recreation and Beautification Board be tabled until a later meeting. Motion passed 5 to 0. ORDINANCE NO. 496, AN ORDINANCE AUTHORIZING THE JUDGE OF THE MUNICIPAL COURT TO IMPOSE CERTAIN EXPENSES FOR THE ISSUANCE AND SERVICE OF ARREST WARRANTS Ordinance No. 496 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz, that Ordinance No. 496 be passed and approved on the first of two readings. Said Ordinance No. 496 reads in caption as follows: ORDINANCE NO. 496 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE JUDGE OF THE MUNICIPAL COURT TO IMPOSE CERTAIN EXPENSES FOR THE ISSUANCE AND SERVICE OF ARREST WARRANTS AND MAKING OTHER PROVISIONS RELATED THERETO. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R85-17, RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME Resolution No. R85-17 read in full by City Attorney Luke Daniel. It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Reso- lution No. R85-17 be passed and approved on first and only reading. Said Resolu- tion No. R85-17 reads in caption as follows: RESOLUTION NO. R85-17 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Council- man Tetens and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R85-16, A RESOLUTION SUPPORTING PROPOSED EXPANSION OF STATE HIGH- WAY 332 BETWEEN BRAZORIA AND LAKE JACKSON, TEXAS Mayor Reid explained that the Mayor of Brazoria had requested support of this Resolution. Resolution No. R85-16 read in full by Councilman Frauenberger. A It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Resolution No. R85-16 be passed and approved on first and only reading. Said Reso- lution No. R85-16 reads in caption as follows: RESOLUTION NO. R85-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THEIR STRONG ENCOURAGEMENT FOR AND SUPPORT OF THE PRO- POSED EXPANSION OF STATE HIGHWAY 332 BETWEEN THE CITIES OF BRAZORIA, TEXAS, AND LAKE JACKSON, TEXAS, FROM TWO (2) LANES TO FOUR (4) LANES AND FURTHER DECLARING THE URGENT NEED FOR IMMEDIATE ACTION ON THIS PROJECT. 120 Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No - None Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:13 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. - SUBSECTION (g) PERSONNEL - Evaluation of Council Apointees MEETING RETURNED TO OPEN SESSION AT 10:40 P.M. - NO ACTION TAKEN. ADJOURN: The meeting adjourned at 10:40 P. M. Minutes approved as submitted and/or corrected this 126 day of A. D., 1985. Mayor ATTEST: City Secretary