Loading...
1986-01-27 CITY COUNCIL REGULAR MEETING MINUTES"61 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 27, 1986, 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 Councilman/Mayor Pro Tem James Bost Councilman Terry Gray Councilman Dennis Frauenberger Councilman Richard Tetens Councilman . Al Lentz City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by City Manager Ron Wicker. APPROVAL OF MINUTES It was moved by Councilman Lentz, seconded by Councilman Bost, that the Minutes of the Regular Meeting of January 13, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid recognized from the audience State Representative Jack Harris. MEETING WAS RECESSED AT 7:35 P. M. Mayor Reid invited everyone present to join him outside in front of City Hall where he accepted on behalf of the City an ambulance donated by Mr. Harry Bradley. Mayor Reid presented to Mr. Bradley a proclamation of appreciation for this generous donation to the City of Pearland. MEETING RECONVENED AT 7:43 P. M. David Smith, Director of E.M.S. for Pearland, explained this donation represents about $34,000 to the citizens of Pearland. The ambulance is like new with only 2200 miles on it. Mayor Reid presented Mr. George V. Hastings a Certificate of Appreciation signed by the Mayor.and Council in recognition of his service as a Director on the Brazoria County Appraisal Board from 1980 to 1985. COUNCIL ACTIVITY REPORTS: None REPORTS City Manager Ron Wicker reported that over the last 15-20 years the City has been very fortunate to have people who were totally dedicated to their jobs. This year we may have two or three of those employees retire. Billy Wolff will be retiring from his municipal career of some 36-37 years at the end of this month. Dorothy Thompson, Finance Director, who is the third longest tenure employee that the City has ever had, will be retiring at the end of March. These two will be greatly missed. Also, we will be losing one of our superintendents, Paul Pondish, who has been with us some six years. He is .resigning at the end of this week to become the Assistant Director of Public Works for the City of Deer Park. City Attorney Luke Daniel reported he had attended a pre -hearing conference in Austin concerning P.U.C. Docket No. 5437, Application by Chacko Thomas to serve water to the Wagon Wheel Estates Subdivision which is in our extraterritorial jurisdiction. Mr. Daniel stated that we came to an agreement on the boundaries of this area and that it will be served by Mr. Thomas. CITIZENS 1. Mr. Carl Biziak 1808 Cripple Creek, Pearland, appeared before Council to explain that he is the owner of a 10.013 acre tract of land in the Walcott Subdivision, east of Old Alvin Road between Orange Street and Knapp Road. He has owned this property since 1980 and since that time, he said, has not been able to get a residential building permit to build on this property because of the requirement in our subdivi- sion ordinance restricting building on property not abutting an improved road. He would like to request from Council a variance to enable him to construct and maintain a singlelane, all-weather road and allow a building permit to be issued for this property. Mr. Biziak had presented Council with a copy of part of the plat of Walcott and Pearland Subdivision which indicated a 40' wide roadway dedication that ran alongside his property over to Old Alvin Road. Mr. Biziak cited a court case involving the City of Houston and homeowners that he said was similar to his situa- tion whereby the City denied access to homeowners' lots because of an unopened road. Reading from that decision, Mr. Biziak remarked that the case was decided in favor of the homeowners. In a general discussion between the Council it was brought out that back around 1896 when this subdivision plat was prepared, the roadway dedications were noted and indicated by dashed lines; however, there is a problem in that the dimensions on the lots go to the centerline of the roadway. Therefore, the owners of the lots surrounding Mr. Biziak's may have some claim on that particular right-of-way. Mayor Reid instructed the City Manager and the City Attorney to investigate this situation and possibly have this item on a future agenda. Mr. Biziak was informed he would be contacted by the City on any decision. 2. Mr. D. A.Miller, Jr., 2706 Pinecone Lane, Pearland, representing the Pearland Area Action Association, explained he was again appearing before Council to request that the City oppose the Hill Sand Company's application fora Type IV Landfill. Reading from a prepared statement, Mr. Miller said that in 1971 the City passed ordinance No. 215 which prohibits the maintenance or operation of a landfill within the city limits or extraterritorial jurisdiction of Pearland. The Association, he said, is requesting that City Ordinance No. 215 be enforced and further, that no such landfill operation be granted at the Hill Sand Company location without first conducting a public hearing on the issues. Mr. Miller presented Council with copies of his statement and several documents pertaining to his statement. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS (a) Motion to Remove from the Table - Council Decision on Request by Claud and Sandra Branton It was moved by Councilman Lentz, seconded by Councilman Tetens, that Council decision on request of Claud and Sandra Branton be removed from the table. Motion passed 5 to 0. (b) Council Decision on Request by Claud and Sandra Branton for Variance from the Required 100 Foot Building Setback off Pipeline Easement for Lot 7, Block 9, Longwood Park, 2304 Kay Avenue City Manager Ron Wicker advised that subsequent to the last City Council meeting, he met with Mr. and Mrs. Branton and discussed the process they need to go through in order to use their property. Assuming they get the necessary approval from the appropriate bodies, they could utilize their lot. He advised that first they need to get a variance from the City Council from the 100 foot building setback for residential property; he would recommend 75' variance which has been granted in the past. If Council grants the variance, then the Brantons need to appear before the Planning and Zoning to request a variance in the front building setback line which in Longwood Park is 40 feet. Our ordinance normally requires as a minimum a 25 foot building setback from the right-of-way line, so perhaps the Planning and Zoning Commission will grant the 25' variance. Even if the two variances are granted, they will also need approval from the Architectural Review Committee of Longwood Park. 187 Mayor Reid permitted Mr. Richard Beaubouef to speak. Mr. Beaubouef, 1402 Myrtlewood, advised Council that he owns the property adjacent to the Branton's.lot and he spoke in favor of the Brantons being able to build the kind of residence they wanted on their lot. Mayor Reid permitted Mr. )ton Cowart to speak. Mr. Cowart remarked that he lives around the corner from the Brantons on McDonald Street. He stated he built his house in late 1982; he had no problems obtaining approval of his plans and getting a building permit and that he has pipelines running across his property. In a general discussion some of the Council expressed concern because this situation deals with an old subdivision where houses were built before the ordinance was passed and whether some consideration should be given to the last lot owners who want to build and are aware of the dangers involved. It was moved by Councilman Tetens, seconded by Councilman Bost, that the City Council grant a variance to the Brantons from the 1001. setback to 75' setback from the pipeline easement. Motion passed 3 to 2. Councilman Gray and Councilman Frauenberger voting against. NEW BUSINESS RESOLUTION NO. R86-3, A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT FOR THE CREATION OF MUD NO. 16 Resolution No. R86-3 read in full by Councilman Lentz and Councilman Tetens. It was moved by Councilman Lentz, seconded by Councilman Tetens, that Resolution No. R86-3 be approved on the first and only reading with the following corrections: de- leting 3 (c) (2) , 3 (c) (4) , 3 (c) (5) and in 3 (c) (6) , fourth line, change 65 feet to 100 feet. City Manager Ron Wicker explained that MUD 16 is located on the northwest corner of of the intersection of Max Road and F. M. 518 and contains 285 acres. Said Resolution No. R86-3 reads in caption as follows: RESOLUTION NO. R86-3 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DIS- TRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF PLANS AND SPECIFICATIONS FOR CITY HALL COMPLEX PREPARED BY DANSBY AND MILLER ARCHITECTS AND AUTHORIZATION TO BID SAME Bill Miller of Dansby and Miller Architects presented plans and specifications on the City Hall complex explaining that no major changes have been made -since he had presented to Council the preliminary drawings. He reviewed the plans.for Council consideration. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the City Council accept the plans and specifications for the City Hall Complex prepared by Dansby and Miller Architects and authorization to bid same when bond funds are available. Motion passed 5 to 0. AUTTHORIZATION FOR MAYOR TO EXECUTE AN ENGINEERING SERVICES CONTRACT CONCERNING DRAINAGE IMPROVEMENTS ON OUTFALLS BETWEEN F. M. 518 AND CLEAR CREEK (F. M. 518 WIDEN- ING PROJECT) City Manager Ron Wicker explained that as part of the F. M. 518 widening process, the City will be responsible for the outfall drainage necessary to drain all of the water out of the roadside ditches along 518 and he believes we need to proceed with as much IPIR as we can prior to the letting of the State contract. The cost of the study which includes the design and survey is $53,360. Mr. Wicker brought out that in a recent meeting he and Mayor Reid had with Mr. Poorman, District Engineer with the Highway Department, an understanding was reached that he believes is important to the overall development -of this project, and that is, how the City contributes their proportionate share. We are looking at an esti- mated cost of about $3-1/2 M, the City's portion of the widening of F. M. 518. Mr. Poorman indicated he would accept payment in four equal installments spaced through the project which allows us to sell our bonds a little more attractively to reduce and minimize the impact on the taxpayer. The State is anticipating the construction phase to run about two years. It was moved by Councilman Lentz, seconded by Councilman Tetens, that we accept the -- proposal for Surveying and Engineering of Drainage Improvements on Outfalls Between F. M. 518 and Clear Creek from Walsh Engineering, Inc. and that the Mayor be authorized to execute the contract. Motion passed 5 to 0. RESOLUTION NO. R86-2, A RESOLUTION AND ORDER OF THE CITY COUNCIL AUTHORIZING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIFTH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION Resolution No. R86-2 read in full by Councilman Bost and City Attorney Luke Daniel. City Attorney Daniel read the caption of the Spanish version also. It was moved by Councilman Bost, seconded by Councilman Tetens, that Resolution No. R86-2 be passed and approved on the first and only reading. Said Resolution No. R86- 2 reads in caption as follows: RESOLUTION NO. R86-2 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIFTH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING TWO MEM- BERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELEC- TION. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 507, ORDERING A SPECIAL ELECTION ON PROPOSED CHARTER AKENDMENTS Ordinance No. 507 read in caption by Councilman Frauenberger. Spanish version of Ordinance No. 507 read in caption by City Attorney Luke Daniel. It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Ordinance No. 507 be passed and approved on the first of two readings. Said Ordinance No. 507 reads in caption as follows: 0 ORDINANCE NO. 507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1986; DESIGNATING THE HOURS AND PLACE FOR J HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF FEE SCHEDULE FOR PLATS FILED IN ACCORDANCE WITH SUBDIVISION CODE City Manager Ron Wicker explained that the fees we are now charging for filing of plats and subdivisions do not cover the amount of staff time needed to review them. These proposed fees are comparable to those charged by surrounding cities and he is recommending approval of these fees. SUBDIVISION FEE AND PLATTING SCHEDULE All applications to the Planning and Zoning Commission for the approval of any proposed plat required to be submitted to the Commission shall be submitted to the Code Enforcement Department and shall be accompanied by a filing fee of Three Hundred Dollars ($300.00). Applicants shall also furnish the Department additional fees as determined by said department in conformance with the following schedule and the Planning and Zoning Commission shall not act upon any plat submitted to it unless all fees as provided herein have been received and certified by the Code Enforcement Department. The schedule of fees is as follows: 1. Preliminary Subdivision Plats: a. Five Dollars ($5.00) per designated lot, tract or building site designed for residential purposes or dwelling units where lots are not designated on the plat. b. Twenty -Five Dollars ($25.00) per acre or any fraction thereof for tracts, blocks or areas not divided into lots and to be used for commercial, industrial, multiple dwellings or restricted uses. 2. Final Subdivision Plats: a. Three Dollars ($3.00) per designated lot, tract or building site designated for residential purposes or dwelling units where lots are not designated on the plat. b. Twenty Dollars ($20.00) per acre or any fraction thereof for tracts, blocks or areas not divided into lots and to be used for commercial, industrial, multiple dwelling or unrestricted uses. 3. Vacation -of Subdivisions: a. Fifty Dollars ($50.00) per acre (gross area of whole tract) or any fraction thereof. 4. General Overall Plans and Street Dedications Street dedications plats - Sixty Dollars ($60.00) per acre (gross area of street right-of-way being dedicated) or any fraction thereof. 5. Extension ofApproval - One Hundred Twenty -Five Dollars ($125.00) filing fee. 6. Change of Name - One Hundred Twenty -Five Dollars ($125.00) filing fee. 7. Development Plat - One Hundred Twenty -Five Dollars ($125.00) filing fee. It was moved by Councilman Gray, seconded by Councilman Lentz, that the City Council approve, as presented, the fee schedule for plats filed in accordance with the Subdivision Code. Motion passed 5 to 0. BID NO. B85-23, HIGH DENSITY COMPACTION REAR -LOADING REFUSE TRUCKS The following bids were reviewed by Council: 190 NET BID MAKE BID TRADE-IN LESS DELIVERY VENDOR BODY/CHASSIS UNIT/TOTAL UNIT BID/TOTAL TRADE-IN DAYS ALVIN EQUIP. HEIL INTERN COMPANY,INC. 5000 HARVES $70,650/$141,300 $ 6,500/$13,000 $128,300 150 INDUSTRIAL E -Z PAK FORD 120- DISP. SUP. GOLIATH CT 8000 $74,500/$149,000 $10,000/$20,000 $129,000 150 ENVIRONMENTAL LEACH FORD 90 - SALES & SRV 2R -II CT 8000 $70,450/$140,900 $ 7,500/$15,000 $125,000 120 REFUSE HEIL FORD 60 - TECHNOLOGIES 5000 CT 8000 $67,647/$135,294 $ 7,000/$14,000 $121,294. 70 Public Works Director Bill Thomasset explained that, as per our specifications, the low bidder, Refuse Technologies, bid a Heil 5000 refuse body which has. been advertised as being able to achieve a compaction rate of 1000 pounds per cubic yard. We have since heard that this is not true. We had the. Refuse Technologies people bring out a Heil 5000 today to permit us to load the truck with residential trash and garbage. When we, as well as the Refuse Technologies representative, agreed the truck was loaded, it was weighed and 785 lbs. per cubic yard was achieved. So, this high density packer did not achieve its advertised 1000 lbs. which was one of our specifications. Mr. Thomasset stated that he would like to recommend we give Refuse Technologies a chance to prove the Heil can achieve the 1000 lb. compaction but we may have to reject their bid. City Attorney Luke Daniel recommended that the City give Refuse Technologies, the low bidder, the requisite 10 days certified mail notice that at the next City Council meeting they would be given an opportunity to be heard in relation to their possibly not being awarded this bid. It was moved by Councilman Gray, seconded by. Councilman Bost, that Refuse Technologies, low bidder on Bid No. B85-23, High Density Compaction Rear -Loading Refuse Trucks, be given an advance 10 days certified mail notice that at the next City Council meeting they would be given an opportunity to prove their Heil 5000 can meet our specifications or that possibly they not be awarded the bid. Motion passed 5 to 0. AUTHORIZATION FOR !MAYOR TO EXECUTE LEASE AGREEMENT WITH PEARLAND STATE BANK FOR GAR- BAGE TRUCKS Since this item was in conjunction with Bid No. B85-23 above, it was recommended it be passed to a future agenda. It was moved by Councilman Gray, seconded by Councilman Bost, that consideration of authorization for Mayor to execute lease purchase agreement with Pearland State Bank for garbage trucks be passed until a future agenda. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) & (b) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Invoice No. 4488, Langford Engineering, Inc., for engineering services in relation to the expansion of Barry Rose and Longwood Wastewater Treatment facilities and Twin Creek Woods Lift Station, in the amount of $14,962.05 be approved and Estimate No. 4, G. R. Grier, Inc., for expansion of Barry Rose and Longwood Wastewater Treatment facilities and Twin Creek Woods Lift Station, in the amount of $218,005.00 be approved and payments be made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 5 and Final, Mainland Construction Company, for construction of F. M. 518.drainage crossing, Project No. 85-5, in the amount of $23,514.15 be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. (d) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 3, G & C Utilities, Inc., for drainage improvements in Sherwood I & II, Westminister and Nottingham Subdivisions, Project No. 85- 18, in the amount of $143,299.55 be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:10 P. N. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m and (2) Milstead vs City of Pearland. MEETING RETURNED TO OPEN SESSION AT 10:22 P. N. ADJOURN The meeting adjourned at 10:22 P. M. Minutes approved as submitted and/or corrected this //9 day of A. D., 1986. ATTEEST7: ! J City S retary fi �A. 7 ` V //V Mayor 191