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1983-08-22 CITY COUNCIL REGULAR MEETING MINUTES22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 1983, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman City Manager City Attorney City Secretary Tom Reid Charles R. Mack Al Lentz James E. Bost Terry Gray Ronald J. Wicker Bobby Williams Dorothy L. Cook Absent from the Meeting: Councilman Dennis Frauenberger INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Jesse Quinn. The Pledge of Allegiance was led by Tax Col- lector Barbara Lenamon. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the Public Hearing held on August 1, 1983, at the Pearland High School be approved as sub- mitted. Motion passed 3 to 0. Councilman Gray abstained. It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on August 8, 1983, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Ray Blaylock, Civil Defense Coordinator, gave a report on the Emergency Operations Plan carried out during Hurricane Alicia. He stated that, overall, he felt we came out very well. He thanked all of the people who helped. No loss of life was reported; however, a lot of trees were damaged as well as structural damage to some buildings. Mayor Reid publicly thanked all of those who helped keep the City going during the storm. Councilman Al Lentz expressed appreciation for the cooperation of the citizens in help- ing their neighbors overcome some of the difficulties associated with the hurricane. Mayor Reid stated that the Pearland Community Service Center will be conducting coun- seling sessions for Pearland citizens suffering emotional effects from Alicia. The Service Center is open from 8:00 A. M. until 5:00 P. M. This service is primarily for young people, but is also available for any citizen. Mayor Reid stated that, on the recommendation of City Manager Wicker, Paul Pondish i has been nominated to the Houston Galveston Area Council's Solid Waste Technical Advisory Committee. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Planning & Development Committee met on August 16, 1983, to review the Zoning Map that we are trying to get ready for amendment to the Ordinance. He stated that he hoped to have some timetable on this project before too long. 23 Councilman Mack stated that a discussion was held regarding the water and sewer lines in subdivisions, and the Committee concluded that the present Ordinance takes care of this since it specifies that the provisions and recommendations of the various plans for the City that may relate to and have an effect on the general area in which the proposed subdivision is situated must be considered. Councilman Mack also stated that he felt that there should be some communication with the large landowners regarding this so they will understand the Council's position. Councilman Bost reported that the Senior Citizens Committee met and went over the Grant application and this will be discussed later in the meeting under the agenda item. DEPARTMENTAL REPORTS: City Manager Wicker reported that the City facilities suffered approximately $50,000 in damages due to Hurricane Alicia. This is the first estimate and there is a possi- bility that this figure could go higher. He estimated that it would be four to five weeks before City crews could pick up all of the debris from trees; however, Hill's,_ Sand Pit will be accepting burnable materials, such as tree limbs, and at the present time they are allowing citizens to bring this material to the location on Dixie Farm Road. County Road Precincts Two and Three will be picking up tree limbs out in the County. City Manager Wicker advised that he planned to attend a meeting at 2:00 P. M. Wednesday, August 24, 1983, held by the Disaster Emergency Services, to see if we can recover some of the losses brought about by the hurricane. DOCKETED PUBLIC HEARINGS: None CITIZENS: None UNFINISHED BUSINESS: ORDINANCE NO. 421-1, AN AMENDMENT TO THE SUBDIVISION ORDINANCE CODE RELATING TO PLAT APPROVAL AND PRIVATE STREETS: Ordinance No. 421-1 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 421-1 be passed and approved on second and final reading. Said Ordinance No. 421-1 reads in caption as follows: ORDINANCE NO. 421-1 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING, DELETING AND RENUMBERING OF SPECIFIC SECTIONS THERETO; PROVIDING FOR AN r-� EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 4 to 0. W AUTHORIZATION TO PROCEED WITH ANNEXATIONS SOUTH AND WEST OF CITY: This item to be placed on the next regular Council agenda. NEW BUSINESS: WAYNE RANKIN, REPRESENTING MECA CORPORATION: Mr. Rankin was placed on the agenda at his request to discuss the Meca Corporation's cable television service in Pearland; however, he was not present at the meeting. JODY RICHARDSON, REPRESENTING MUD 5: Jody Richardson was placed on the agenda at her request to discuss possible annexation of MUD 5; however, she was not present at the meeting. APPROVAL OF DONATION OF A 1953 DODGE GRASS TRUCK TO THE C. R. 143 VOLUNTEER FIRE DEPART- MENT: City Manager Wicker advised the City Council that it has been the policy in the past to donate equipment no longer in use to other area volunteer service departments. The Pearland Volunteer Fire Department has asked that they be allowed to donate an old 4x4 Dodge Grass Truck to the C. R. 143 Volunteer Fire Department, and he recommended that the City make this donation. It was moved by Councilman Bost, seconded by Councilman Gray that the request of the Fire Department to donate a 1953 Dodge Grass Truck to the C. R. 143 Volunteer Fire Department be granted. Motion passed 4 to 0. BID NO. B83-11, REFUSE BAGS FOR SANITATION DEPARTMENT: Bid received on Bid No. B83-11 - Refuse Bags for the Sanitation Department reviewed as follows: PRICE PRICE EACH BUNDLE TOTAL NET ALTERNATE VENDOR EACH BAG OF 52 BAGS PRICE (NOT PRINTED) 0.1644 per bag Great Plains Bag Co. 0.16440 8.5488 $69,870.00 8.5488 per bundle $69,870.00 price Gary Jackson, Assistant to City Manager, advised that only one bid was submitted and the other possible bidder, St. Regis, was unable to receive their bid from the corporate headquarters in New York in time. He recommended that the bid submitted by Great Plains Bag Co. be accepted since ample time was given to all prospective bidders to submit a bid as well as the fact that re -bidding could cause a possible delay in delivery. It was moved by Councilman Mack, seconded by Councilman Bost that Bid No. B83-11 be awarded to Great Plains Bag Company for a total bid price of $69,870.00 and the money be paid out of the proper budgeted funds. Motion passed 4 to 0. 1983 ALLOCATION FROM BRAZORIA COUNTY - CONNECTING -LINK ROAD FUNDS: City Manager Wicker advised the City Council that he has discussed this with Commissioner Plaster and he advised that this year he would like to try to correct the problem we have on Pearland Sites Road. Commissioner Plaster is proposing to rebuild this road from Magnolia to Walnut with this year's allocation of $16,430.00. To this amount, he is going to add another $10,000 to $15,000 from the State Lateral Road's Fund Account. All that 25 is planned to do with this money is to set up the base material and add two -course penetration paving. City Manager Wicker proposed that the City lime -stabilize this base at a cost of approximately $22,000.00 so that this road will hold up under the traffic. City Manager Wicker asked that the street budget be amended to provide this additional money for Pearland Sites Road. It was moved by Councilman Gray, seconded by Councilman Bost that the City accept the roadway pians for reconstruction of Pearland Sites Road with County Funds and authorize the City Manager to expend $22,000.00 of City funds for lime -stabilization. Motion passed 4 to 0. AUTHORIZATION FOR CITY MANAGER TO REPAIR SANITARY SEWER LINE ON FM 518 EAST UNDER EMER- GENCY PROVISIONS AND NEGOTIATEEMERGENCY REPAIR CONTRACT UP TO $30,000.00: City Manager Wicker advised that we have a cave-in of a sewer line on 518 East on the North side between Yost Road and Patricia Lane and that this was causing a large amount of infiltration into the sewer system. He recommended that the Council authorize him to repair this cave-in on an emergency basis, up to $30,000.00. It was moved by Councilman Lentz, seconded by Councilman Gray that the City Manager be authorized to negotiate for the emergency repairs, as requested, up to $30,000.00 on the sanitary sewer line on FM 518, with funds to be expended out of the 1981 Bond Funds. Motion passed 4 to 0. RESOLUTION NO. R83-19, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A TEXAS COMMUNITY DEVELOPMENT GRANT FOR SENIOR CITIZENS' FACILITY: Mayor Reid, in discussing this project, pointed out that while this facility would be primarily for the Senior Citizens, this building, like all similar facilities in the City, could be used by other worthwhile organizations as long as it did not conflict with the. Senior Citizens' schedules. Gary Jackson, Assistant to the City Manager advised that 10% of the total funding would have to be committed by the City and a letter stating this fact would need to accompany the Application. This does not necessarily mean dollars out of the City treasury but an in kind contribution such as buying three additional lots as well as the commitment of the three lots where the present library is located. Resolution No. R83-19 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Lentz that Resolution No. R83-19 be passed and approved on first and only reading. Said Resolution No. R83-19 reads in caption as follows: RESOLUTION NO, R83-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE APPLICATION OF A TEXAS COMMUNITY DEVELOPMENT GRANT FOR PEARLAND AREA SENIOR CITIZENS GROUP. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack and Councilman Gray. Voting "No": None Motion passed 4 to 0. It was moved by Councilman Bost, seconded by Councilman Mack that a letter of commit- ment be submitted and the City Manager be authorized to conduct Public Hearings on this Application for Grant. Motion passed 4 to 0. W RESOLUTION NO. R83-20, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A TEXAS COMMUNITY DEVELOPMENT GRANT FOR PARKLAND ACQUISITION: Councilman Lentz stated that for some time we have been discussing obtaining additional park land within the City. Presently, we have one 50 -acre park and several smaller parks within the City. We have been looking for a site, generally on the West side of town, and the Texas Community Development Block Grant might be a way to obtain funds for such a project. Gary Jackson, Assistant to the City Manager, advised that we have a similar deadline as the Senior Citizens Project, that being September 1, 1983. The land we are looking at now is a 45 -acre site. City Manager Wicker stated that we were originally looking for $400,000 for this 45 -acre tract and of this amount the City would be obligated to commit 25%, or $100,000.00. If we received approval of the Grant, we could turn around and use this as a 50/50 matching share to the State for an additional $400,000.00. Resolution No. R83-20 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R83-20 be passed and approved on first and only reading. Said Resolution No. R83-20 reads in caption as follows: RESOLUTION NO. R83-20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE APPLICATION OF A TEXAS COMMUNITY DEVELOPMENT GRANT FOR ACQUISITION OF OPEN PARK LAND. Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 4 to 0. It was moved by Councilman Gray, seconded by Councilman Lentz that we authorize a letter of commitment and that the City Manager be authorized to conduct public hearings on this application for a Grant. Motion passed 4 to 0. APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Lentz, seconded by Councilman Mack that the following invoices be approved for payment out of the appropriate funds: (a) Langford Engineering, Inc. in the amount of $3,946.28, Invoice No. 3446, For Sanitary Sewer System Rehabilitation Study & Report; (b) Hycon Construction Systems Corp. in the amount of $7,379.00, for Cleaning and Televising Inspection of Sanitary Sewers; (c) Stone Construction Company in the amount of $243,005.00, Application No. 5, for Library and Community Center; (d) Caldwell Tank Company in the amount of $14,328.00, Invoice No. 57399 for Overhead Water Tank on McLean Road; (e) Caldwell Tank Company in the amount of $6,487.20, Invoice No. 57359 and Invoice No. 57463 for Alice Street and Libery Road Elevated Water Storage Tanks. Motion passed 4 to 0. ORDINANCE NO. 459, AN ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING FUND: ORDINANCE NO. 460, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGIN- NING OCTOBER L, 1983: The above items to be on a future agenda. 27 EMERGENCY APPROPRIATION OUT OF COUNCIL CONTINGENCY FUND TO 'HANDLE STORM DAMAGE CLEAN-UP: City Manager Wicker advised that clean-up operations have started and the preliminary estimate was $15,000.00; however, there is a possibility that it will take more than this amount, and he requested up to $23,000.00 allocated out of the Council Contingency Fund for this project. City Manager Wicker stated that it will take at least 30 days to complete a clean-up from this hurricane. The Council expressed concern about the vast amount of debris from the hurricane being placed in streets and in ditches which could cause additional problems. City Manager Wicker also stated that 75% of all of the expenses in the clean-up would be reimbursable through Federal assistance. It was moved by Councilman Gray, seconded by Councilman Bost that the City Manager be authorized to spend the necessary funds to clean up the City of Pearland. Motion passed 4 to 0. THE MECA CORPORATION: Mr. Wayne Rankin did not appear before the Councilandthe Mayor asked that this item be placed on the next agenda so that Mr. Rankin could present a report from his Company. City Manager Wicker stated that he had met with Mr. Rankin after the last meeting and gave him copies of the survey conducted by a citizen in Woodcreek Subdivision. City Attorney Williams stated that the major concern of the City should be the down time since it is limited by the Franchise Ordinance to 30 days. The Council indicated that they have received many complaints about service from this Company. City Manager Wicker pointed out that he felt that if Meca's franchise was revoked there was a possi- bility that another cable company would not service the City for at least five years. OTHER BUSINESS: RECESSED TO EXECUTIVE SESSION AT 9:50 P. M. UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:05 P. M. APPOINTMENT OF AN ALTERNATE MUNICIPAL JUDGE: It was moved by Councilman Gray, seconded by Councilman Bost that Roy Simmons, Jr. be appointed as Alternate Municipal Judge for the City of Pearland, effective immediately. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Judge Simmons. RETURNED TO EXECUTIVE SESSION AT 10:10 P.M. UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 11:05 P.M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURNED: Meeting adjourned at 11:06 P.M. Minutes approved as submitted and/or corrected this the/01 day o A. D., 1983. ATTEST: Mayor ity Secretary