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1984-02-27 CITY COUNCIL REGULAR MEETING MINUTES125 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 27, 1984, 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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIAN.CE`: Tom Reid Charles R. Mack Dennis Frauenberger Al Lentz James E. Bost Terry Gray Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Girl Scout Troop No. 242. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the Regular Meeting held on February 13, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to Girl Scout Troop No. 242, led by Mrs. Joy Jones, proclaiming the week of March 11 through March 17, 1984, as "Girl Scout Week" in Pear - land. Mayor Reid presented a Proclamation to Ed Grisham of the Houston Lighting & Power Company proclaiming the months of March, April, and May as "Energy Cost Control Months" in Pearland. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Development Committee met last Monday night with the proposed MUD 8 representatives. There will be 149 acres in Ft. Bend County and 451 acres in Brazoria County. We will be meeting with them again on the project. Councilman Frauenberger reported that he attended a Library Board Meeting and that members asked him to check on the lights directly at the entrance on the parking lot. Another item was clocks in the Library and Community Center. The Brazoria County Book Sale is April 12, 13 and 14th. Councilman Frauenberger also reported that election of officers was held and that Faye Hunter was elected Chairman; Guy Roberts was elected Vice Chairman; Judy Demecs, Secretary; and Treasurer was Nancy Sallee. There was a discussion regarding the present ordinance that requires the City Council to ratify the Chairman after the Library Board has made a designation. Councilman Frauenberger suggested that this section of the Ordinance be amended to require that the Council appoint the Chairman. Councilman Frauenberger also reported that the Library Open House is planned for March 31, 1984. DEPARTMENTAL REPORTS: City Manager Wicker reported that the Dixie Farm Road Project should be finished by the end of March. 126 CITIZENS: Mr. Kent Sullivan was not present at the Meeting due to illness. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY KENT SULLIVAN FOR TRADE OUT OF EASEMENT IN LOT 6 & 1/2 of 7, MIMOSA ACRES QTTDMTT7TQTr)M . Mayor Reid asked City Manager Wicker to report on the request by Mr. Sullivan. City Manager Wicker recommended that the City agree to abandon the easement between Lots 6 and 7, as requested by Mr. Sullivan, and trade for additional easement on the North side of his property. This would enable the City to work with equipment if it was found to be necessary for repairs to utilities in this easement. It was moved by Councilman Gray, seconded by Councilman Bost that the City Manager and Staff be authorized to go forward with the abandonment of the easement requested by Kent Sullivan and proper documents be signed by all utility companies. Also, that the Mayor be authorized to sign necessary documents. Motion passed 5 to 0. CITIZENS: (Continued) Mr. Bazel Crowe, representing Crystal Homes, appeared before the City Council with a request for consideration of reduction of lot sizes mentioned in Minutes of July 11, 1983, concerning Springfield Subdivision. Mr. Crowe advised that the Planning & Zoning Commission would not sign the final plat of this Subdivision since they understood that the lot sizes should be a minimum of 60' x 105'. Mr. Crowe advised that the Plan Approval for this Subdivision was granted July 11, 1983, with the lot depths being somewhat less than the original stated 105'. NEW BUSINESS: (Continued) REQUEST BY CRYSTAL HOMES FOR LOT SIZES LESS THAN THOSE ORIGINALLY APPROVED FOR SPRING- FIELD SUBDIVISION: City Manager Wicker stated that Mr. Crowe has laid out this Subdivision in accordance with the Conceptual Plan that was approved as part of the zone change. There is no difference in the number of lots, and he felt that insofar as the workability and density that there is no problem. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the Plan Approval zone change on Springfield Subdivision did not restrict the lots to 60' x 105' and that the Zoning Ordinance indicates that the lots can be as short as 101', and that it is not a considerable deviation since the density is being maintained. Motion passed 5 to 0. RESOLUTION NO. R84-6, A RESOLUTION BY THE CITY COUNCIL SUPPORTING THE GOVERNOR'S RESIDENTIAL ENERGY COST CONTROL PROGRAM: Resolution No. R84-6 read in full by Mayor Reid. It was moved by Councilman Mack, seconded by Councilman Bost that Resolution No. R84-6 be passed and approved on first and only reading. 127 Resolution No. R84-6 reads in caption as follows: RESOLUTION NO. R84-6 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE GOVERNOR'S RESIDENTIAL ENERGY COST CONTROL PROGRAM. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: REVIEW OF BIDS RECEIVED BID NO. B84-2, HATFIELD ROAD REALIGNMENT: AUTHORIZATION TO BID CONCRETE STREET CONSTRUCTION ON HATFIELD ROAD: NEW BUSINESS City Manager Wicker stated that if the City Council wished to pursue the concrete proposal for this Project that they reject all bids received under Bid No. B84-2 and authorize the Staff to bid concrete section for the new realignment of Hatfield with an alternate for asphalt. It was moved by Councilman Gray, seconded by Councilman Lentz that the Staff be author- ized to rebid the Hatfield Road Realignment with the primary bid to be for concrete with alternate for asphalt, and that all bids received under Bid No. B84-2 be rejected. Motion passed 4 to 1. Councilman Mack opposed. ORDINANCE NO. 467, AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS ON LIBERTY DRIVE: (STREET ASSESSMENT) Ordinance No. 467 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 467 be passed and approved on second and final reading. Said Ordinance No. 467 reads in caption as follows: ORDINANCE NO. 467 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF LIBERTY DRIVE, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECTING THE PREPARA- TION OF ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES OF TEXAS; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Bost and Council- man Lentz. Voting "No": None Motion passed 4 to 0. Councilman Mack absent from the Chambers at this time. ORDINANCE NO. 468, AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS ON GALVESTON AVENUE: (STREET ASSESSMENT) Ordinance No. 468 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz that Ordinance No. 468 be passed and approved on second and final reading. Said Ordinance No. 468 reads in caption as follows: ORDINANCE NO. 468 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF SOUTH GALVESTON STREET, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES; INVOICING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b VERNON'S REVISED CIVIL STATUTES OF TEXAS; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Frauenberger and Council- man Gray. Voting "No": None Motion passed 4 to 0. Councilman Mack absent from the Chambers at this time. ORDINANCE NO. 372-1, FLOOD HAZARD ORDINANCE: Ordinance No. 372-1 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 372-1 be passed and approved on second and final reading. Said Ordinance No. 372-1 reads in caption as follows: ORDINANCE NO. 372-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR STATUTORY AUTHORIZATION FINDINGS OF FACT, STATEMENT OF PUR- POSE AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING DEFINI- TIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD -PRONE AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION, WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO FLOOD DAMAGE PREVENTION. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 469, CHARTER AMENDMENT ELECTION: Ordinance No. 469 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 469 be passed and approved on second and final reading. Said Ordinance No. 469 reads in caption as follows: 1.29, ORDINANCE NO. 469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF APRIL, 1984; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger and Councilman Gray. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: Continued) YMCA 1984 SUMMER AQUATIC PROGRAM PROPOSAL: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the YMCA Summer Aquatic Program be approved as submitted, and that the City waive the fee on the "Learn to Swim Program". Motion passed 5 to 0. AUTHORIZATION TO MAKE EMERGENCY REPAIRS TO 15" SEWER LINE ON WALNUT STREET: City Manager Wicker requested authorization to expend up to $28,000 on emergency sewer repairs on Walnut Street to repair a cave-in. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Manager be authorized to expend up to $28,000 for emergency repairs to sewer line on Walnut Street Motion passed 5 to 0. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment from the appropriate fund: (a) Final Payment, Stone Construction Company for Library and Community Center, in the amount of $86,216.10; (c) Progress Estimate No. 3, Skrla, Inc., in the amount of $78,844.37. It was moved by Councilman Frauenberger seconded by Councilman Gray that Item No. (b) Precision Grading and Construction Co., Inc., be passed until the next regular agenda. Motion passed 5 to 0. City Manager to check to see whether or not this company has paid funds owed the City for work that was done on an emergency basis. OTHER BUSINESS: It was moved by Councilman Bost, seconded by Councilman Lentz that Councilman Frauenber- ger's absence from the Meeting of February 13, 1984, be shown as "Excused Absence". Motion passed 4 to 0. Councilman Frauenberger abstained. MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (g) PERSONNEL AT 8:50 P. M. RETURNED TO OPEN SESSION AT 9:15 P.M. NO ACTION AS A RESULT OF EXECUTIVE SESSION Meeting adjourned at 9:15 P.M. Minutes approved as submitted and/or corrected this the_4yday of 11 , A. D., 1984.