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1986-04-14 CITY COUNCIL REGULAR MEETING MINUTES237 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 14, 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 Councilmember/Mayor Pro Tem James Bost Councilmember Stella Roberts Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Richard Tetens Dennis Frauenberger Charles Mack Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Stella Roberts. APPROVAL OF MINUTES It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of March 24, 1986, be approved as submitted. Motion passed 4 to.0. Councilmember Mack abstained. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Special Meeting of April 7, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming the week of April 20 - 26 as Keep America Beautiful Week in Pearland. Doris Collier, lst Vice President, -accepted the proclamation on behalf of Clean Pearland. Mayor Reid announced the members of the following committees: Planning and Development: Councilmember Richard Tetens, Chairman Councilmember Charles Mack Library: Councilmember Dennis Frauenberger, Council Liaison Parks and Beautification: Councilmember Charles Mack, Council Liaison Clean Pearland: Councilmember James Bost, Council Liaison Senior Citizens: Councilmember James Bost, Council Liaison Sign Ordinance Review: Councilmember James Bost, Chairman Councilmember Stella Roberts Animal Control Ordinance Councilmember Richard Tetens, Chairman Review: Councilmember Charles Mack COUNCIL ACTIVITY REPORTS Councilmember Tetens reported the Animal Control Ordinance Review Committee met last week. They went over the Houston ordinance and he believes things are moving along fairly well. 9qp Councilmember Bost reported that the Senior Citizens have been meeting at the Old Library Building on Grand Blvd. for over a month and ,he would like to request the City Staff look into the possibility of having the parking lot there repaved. Councilmember Frauenberger reported that the Director of the Brazoria County Library System, John Moorman, has resigned his position and has moved out of State. They are in the process of finding a replacement for him. DEPARTMENTAL REPORTS CITIZENS 1. Mr. Bazel Crowe, Bazel E. Crowe & Associates, Inc. Mr. Crowe spoke to Council on behalf of the new owners of Nasawood Subdivision. They are in the process of getting this subdivision accepted by the City and would like to request Council's consideration of reducing the requirement of a maintenance bond equivalent to the full construction cost of the subdivision for a period of two years. They would like to suggest the City require a maintenance bond in the amount of possibly one-half of the original construction cost. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS REQUEST BY BAZEL CROWE TO ALTER BONDING REQUIREMENTS FOR CITY ACCEPTANCE OF A SUBDIVISION City Manager Ron Wicker explained that as far as the Staff is concerned, they see no problem in at least looking into the possibility of changing some of the bonding requirements. He suggested that this be referred back to the Planning and Development Committee for study and review and reported back to the Council. City Attorney Luke Daniel advised that if the Council should decide to reduce the bonding requirements, it would be in the form of an amendment to the Subdivision Ordinance or the addition of a variance provision in the ordinance. Councilmember Tetens, chairman of the Planning and Development Committee stated he would be calling a meeting of the committee at some date in the near future to discuss this issue. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 508, ENTEX FRANCHISE ORDINANCE George Hepburn, representing Entex, was present to discuss the franchise ordinance with Council. Mr. Hepburn stated that Entex's general liability covers substantially in the excess of a million dollars and he has been advised by their insurance people that there is no difficulty in supplying the City of Pearland with a Certificate of Insurance stating the City is indeed covered under the general liability insurance. City Attorney Luke Daniel stated that everything seemed to be in order for Council consideration of the Entex Franchise Ordinance. Ordinance No. 508 read in caption by City Attorney Luke Daniel. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 508 be passed and approved on the first of two readings. Said Ordinance No. 508 reads in caption as follows: ORDINANCE NO. 508 AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRU- MENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS FOR THE PURPOSE OF TRANS- PORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFI- CIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PUR- 239 POSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF PEARLAND, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSION THEREIN, AND PROVIDING FOR REPAIR TO SUCH THOROUGHFARES; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS, WITHIN THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVER- ABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND -REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS (Continued) COUNCIL DISCUSSION ON PROPOSED ENTEX RATE INCREASE AND POSSIBLE CALL OF PUBLIC HEARING Orlan Williams, Entex representative, informed Council that Entex was proposing a rate increase of 50¢ per residential customer within the City. Mayor Reid called a Public Hearing to be held at the regular City Council Meeting on April 28, 1986, under Docketed Public Hearings of the agenda for the purpose of receiving testimony relative to proposed Entex rate increase. APPOINTMENT TO THE FOLLOWING BOARDS (b) Appointment of Member to Planning and Zoning Commission to Fill Unexpired Term of Charles Mack and for a Three -Year Term r-- Mayor Reid explained that Charles Mack's term on the Planning and Zoning Commission expires on April 30 and effective May 1 appointment for a three-year term becomes available. The Personnel Committee, he said, contacted Al Lentz and he has agreed to serve on the Planning and Zoning Commission. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Al Lentz be appointed to fill the unexpired term of Charles Mack on the Planning and Zoning Commission and effective May 1, appointed for a three-year term. Motion passed 5 to 0. Mayor Reid administered the oath of office to Al Lentz. (a) Appointment of Member to Library Board for a Three -Year Term Mayor Reid explained that the Personnel Committee contacted David A. Beckman, 2705 Churchill who has agreed to serve on the Library Board and they recommend his appointment to replace Bob Shagrin who has left town. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that David Beckman be appointed to serve a three-year term on the Library Board. Motion passed 5 to 0. CALL OF A WORKSHOP TO DISCUSS ORDINANCE NO. 511, ORDINANCE PROHIBITING VEHICLES ON r"- PUBLIC PROPERTY City Manager Ron Wicker explained that last week he reviewed the proposed Ordinance No. 511 dealing with prohibiting vehicles on public and private property. He feels this issue is of interest to everyone in Pearland and would recommend the Council workshop the proposed ordinance. Mayor Reid called a workshop of the City Council to discuss the proposed Ordinance No. 511 for Monday, April 21, 1986. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF GARY JACKSON AS ASSISTANT CITY MANAGER City Manager Ron Wicker explained that at the last charter amendment election, the 240 provision of an Assistant City Manager was approved. Gary Jackson has served the City very admirably in that position for the last five years and, Mr. Wicker said, he would like to recommend Council's ratification of that appointment. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council ratify the City Manager's appointment of Gary Jackson as Assistant City Manager. Motion passed 5 to 0. Mayor Reid administered the oath of office to Gary Jackson. ELECTION OF MAYOR PRO TEM It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Dennis -- Frauenberger be elected as Mayor Pro Tem. Motion passed 4 to 0. Councilmember Frauenberger abstained. EXCUSED ABSENCE OF COUNCILMEMBER JAMES BOST FROM REGULAR MEETING TO BE HELD ON APRIL 28, 1986 It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that Councilmember James Bost be excused from the regular meeting to be held on April 28, 1986. Motion passed 4 to 0. Councilmember Bost abstained. RESOLUTION NO. R86-16, RESOLUTION AUTHORIZING CITY TO PARTICIPATE IN COALITION OF CITIES WITH ORIGINAL JURISDICTION IN THE HL&P RATE REQUEST BEFORE THE PUBLIC UTILITY COMMISSION AND AUTHORIZING CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRESENT THE COALITION Resolution No. R86-16 read in full by Councilmember Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Resolution No. R86-16 be passed and approved on the first and only reading with the following correction made: First line, second paragraph, insert "of" between "City" and "Pearland". Said Resolution No. R86-16 reads in caption as follows: RESOLUTION NO. R86-16 A RESOLUTION OF .THE CITY OF PEARLAND, TEXAS, RATIFYING AND AUTHORIZING ITS PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL JURISDICTION TO INCLUDE DATA AND ANALYSIS SHARING AND INTERVENTION WITH SAID COALITION IN THE HL&P RATE REQUEST, DOCKET NO. 6765, BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, AND AUTHORIZING.THE CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRE- SENT THE COALITION. Voting "Aye" - .Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR COST OF CONSTRUCTION ON FM 518 FROM 0.2 MI. NW OF GALVESTON COUNTY LINE TO CURB AND GUTTER SECTION IN FRIENDSWOOD (COST BEING $187,365.00) City Manager Ron Wicker explained that in February the Council adopted a Resolution approving the Highway Department's Minute Order concerning the widening of a section of F. M. 518 from the Galveston County Line 0.2 mi. west. The City's estimated share in the project is $187,365.00 which covers construction cost of storm sewers, curb and gutter. In talking with a representative of the Highway Department recently, Mr. Wicker said he was told that they inadvertently sent another form for our signature. City Attorney Luke Daniel remarked he believed the problem was that the agreement came from the Highway Department in Austin and the Minute Order was from Houston. Mr. Daniel recommended Council authorization of the Mayor to sign the agreement that was presented tonight. 241 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Mayor be authorized to execute an agreement with the State Department of Highways and Public Transportation for the cost of construction on FM 518 from 0.2 mi northwest of Galveston County Line to curb and gutter section in Friendswood, cost being approximately $187,365.00, to be made in one payment and payment made from the appropriate fund. Motion passed 5 to 0. AWARD OF THE FOLLOWING BIDS: (a) Bid No. B86-6, Cleaning, Surface Preparation and Painting the Interior and Exterior of a 0.5 MG Welded Steel Surface Mounted Water Storage Tank Public Works Director Bill Thomasset advised that we have not been able to get in contact with the one and only bidder on this project. We have attempted to reach them in many locations but have been unsuccessful. He would like to recommend Council table action on this bid at this time and give them more time to get in contact with the bidder. It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that the City Council table any action on Bid No. B86-6 until a future agenda. Motion passed 5 to 0. (b) Bid No. B86-11, 1986 Street Maintenance Program Public Works Director Bill Thomasset advised that Skrla, Inc. was the low bidder but in tabulating the bids we determined that they had extended cost of the asphalt pave- ment incorrectly. A representative from Skrla admitted that they bid the unit price incorrectly; they bid $3.00 and it should have been $3.70. In case of unit price contracts, they are the bid and they cannot be changed. Mr. Thomasset said he would recommend awarding the bid to Skrla, Inc. at the proper extended cost. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Bid No. B86-11, 1986 Street Maintenance Program, be awarded to Skrla, Inc. as per unit prices in the corrected extended amount of $210,391.20, and payment made from the appropriate funds. Motion passed 5 to 0. INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 4617, dated April 1, 1986, Langford Engineering, Inc., for Engineering Services Regarding Expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station, in the Amount of $2,559.43, be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Change Order Number Three, LEBCO Constructors, Inc. for Additional Electrical Work in the Civil Defense Room, 9-1-1 sallyport and labor and material for revision to the Dispatch Room in the Public Safety Facility, in the amount of $4,132.00, be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. OTHER BUSINESS 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 MEETING RETURNED TO OPEN SESSION AT 9:50 P.M. - NO ACTION TAKEN 949 ADJOURN The meeting adjourned at 9:50 P.M. Minutes approved as submitted and/or corrected A. D., 1986. ATTEST: i Asst.City Secretary Mayor