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1984-03-26 CITY COUNCIL REGULAR MEETING MINUTES135 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 26, 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 ALLEGIANCE: Tom Reid Charles R. Mack James E. Bost Terry Gray Dennis Frauenberger Al Lentz Ronald J. wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Guy Roberts, Executive Director of the Pearland Area Chamber of Commerce. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Minutes of the Regular Meeting held on March 8, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Bost abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that the proposed Workshop on the amended Land Use Ordinance and Map has been changed from April 2, 1984, to April 16, 1984. Mayor Reid presented a Proclamation to Mary Starr of Pearland Properties designating the week of April 8 -14th, 1984 as "Private Property Week" in Pearland. COUNCIL ACTIVITY REPORTS: Councilman Frauenberger reported that the Pearland Library would be having an Open House on Saturday, March 31, 1984, between the hours of 9:00 A. M. and 4:00 P. M. DEPARTMENTAL REPORTS: City Manager Wicker stated that we are now ready to go out for bids on reworking Liberty Road and Galveston Avenue, and that the bid opening and award should be sometime in April. City Manager Wicker reported that a 983 Track Loader, used at the Landfill, burned on .March 23, 1984. We are awaiting an adjuster from the insurance company to check the damage to this equipment. City Manager Wicker also reported that Dixie Farm Road should be open shortly; however, the superintendent of the contractor would not commit to an opening date at this time. CITIZENS: Mr. James Garner, President of Woodcreek Homeowner's Association, appeared before the City Council requesting the following: 1. Response on letter to Ron Wicker, dated January 17, 1984, concerning traffic light at FM 518 and Woodcreek Drive; 2. Replant St. Augustine grass torn up by construction of sewer line; E 3. Discuss need for stop signs or sign along Woodcreek Drive; 4. Personal thanks to Barry Smink for responding quickly to Woodcreek Homeowner Association's letter. City Manager Wicker advised that he visited with John Lipscomb on March 23, 1984, and requested an update on the study of signalization of this intersection. Mr. Lipscomb advised that they have not completed their study and did not know when this information would be available. In response to an inquiry regarding whether or not the Woodcreek Civic Club should write the State Highway Department, Mr. Wicker stated that the Department preferred —` all correspondence on projects to come from the City. City Manager Wicker also stated that he contacted Ben Felts Contracting Company regarding the planting of St. Augustine grass in the area disturbed by the installation of a sewer line, and was advised that this company plans to sod the area, particularly that area around the brick wall. City Manager Wicker advised that the City has made some traffic studies along Woodcreek Drive by analyzing the traffic accidents for a 12 -month period, which is one of the warrants for installation of traffic control devices. We have also made a speed study and, at this point, he could not recommend a stop sign on Woodcreek Drive for the pur- pose of slowing down traffic. He stated that we will add some additional 30 mph speed signs as well as request Chief Stanford to do some selective enforcement on this street. Mr. Buck Hausman, HBC Corporation, requested approval to build model homes in the Banbury Cross Subdivision prior to the acceptance of this subdivision by the City. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY BUCK HAUSMAN OF HBC CORPORATION FOR APPROVAL TO BUILD MODEL HOME PARK IN BANBURY CROSS SUBDIVISION: The Council discussed this item and it was brought out that Mr. Hausman intended to have the model homes completed by the time the subdivision was to be accepted by the City. The City Attorney advised that these model homes should be built so as to be compatible to the future development of the subdivision. It was moved by Councilman Gray, seconded by Councilman Frauenberger that a building per- mit be issued for the model homes in the Banbury Cross Subdivision, to be built in accordance with all City regulations, but that no Occupancy Permit be issued until the entire subdivision has been approved or accepted. Motion passed 5 to 0. RESOLUTION NO. R84-7, A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICT NO. 9: City Manager Wicker reported that the Resolution submitted for approval has been drawn in a similar manner to the previous MUD Resolutions approved by the City Council. He stated that the densitites of the multi -family area is 21.7 dwelling units per acre;_ 15 dwelling units per acre for townhouses; 8 dwelling units per acre for patio homes; and 4.5 dwelling units per acre for single family dwellings. The Development Committee has met with the developers and now recommend this for approval. 137 It was moved by Councilman Mack, seconded byCouncilmanLentz that Resolution No. R84-7 be passed and approved on first and only reading. Said Resolution No. R84-7 reads in caption as follows: RESOLUTION NO. R84-7 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION. 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 DOCKETED PUBLIC HEARINGS: 1. PUBLIC HEARING ON REVENUE SHARING BUDGET, ENTITLEMENT PERIOD NO. 15, BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984. The proposed Revenue Sharing Budget was projected on the screen showing the following: REVENUE Revenue Sharing Entitlement 15 $162,000 EXPENDITURE: Public Safety $ 69,000 Other 23,000 Recreation 2,500 Libraries 10,000 Environmental Protection 50,000 Public Transportation 7,500 Questions were answered concerning the Budget during the showing. All citizens present were given an opportunity to be heard. Mayor Reid adjourned the Hearing at 8:35 P.M. NEW BUSINESS: (Continued) ADJUSTMENTS IN THE REVENUE SHARING BUDGET FROM PREVIOUS ENTITLEMENT PERIODS: It was moved by Councilman Gray, seconded by Councilman Lentz that a transfer be made of $20,000 to Public Safety from previous Revenue Sharing Budgets. Motion passed 5 to 0. ORDINANCE NO 470, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1983, -AIH -ENDING SEPTEMBER 30, 1984: Ordinance No. 470 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 470 be passed and approved on first and only reading. Said Ordinance No. 470 reads in caption as follows: ORDINANCE NO. 470 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. UNFINISHED BUSINESS: REVISED PROPOSAL FROM LANGFORD ENGINEERING, INC. FOR ENGINEERING STUDY AND REPORT FOR UPGRADING THREE EXISTING WASTEWATER TREATMENT PLANTS TO MEET EFFLUENT REQUIREMENT EFFECTIVE JANUARY 18, 1986: City Manager Wicker advised that this proposal has been revised to take into consider- ation the credit of the preliminary engineering work to later work to be done on the plants discussed in the last meeting. It was moved by Councilman Lentz, seconded by Councilman Mack that the proposal from Langford Engineering, Inc. be approved and that the Mayor be authorized to sign the appropriate contract. Motion passed 4 to 1. Councilman Gray opposed. NEW BUSINESS: (Continued) BID NO. B84-4, CONCRETE PARKING AREA FOR LIBRARY AND COMMUNITY CENTER: The following bids were reviewed by the City Council: CONTRACTORS ADDENDA BID SECURITY DAYS BASE BID Hull & Hull, Inc. Acknowledged 10% - Fidelity & No. 1 & No. 2 Deposit Co. Maryland 50 $ 26,078.00 Meyerson Const. Co. Acknowledged 10% - Chubb Grp. of No. 1 & No. 2 Insurance Companies 40 $ 22,440.00 Murson Const., Inc. Acknowledged 10% - U.S. Fidelity No. 1 & No. 2 & Guaranty Company 30 $ 27,000.00 Stone Const. Co. Acknowledged 10% - Insurance Co. No. 1& No. 2 of North America 45 $ 31,260.00 Assistant City Manager Gary Jackson recommended that the bid be awarded to Meyerson Construction Company in the amount of $22,440.00 as the lowest and best bid. It was moved by Councilman Gray, seconded by Councilman Lentz that Bid No. B84-4 be awarded to the Meyerson Construction Company in the amount of $22,440.00 and that the Mayor be authorized to execute the contract. Motion passed 5 to 0. BID NO. B84-5, OVERHEAD DOORS FOR PEARLAND VOLUNTEER FIRE DEPARTMENT: The following bid was reviewed by the City Council: BIDDER TOTAL BID DELIVERY DATE TERMS OF PAYMENT ABC Doors $13,547.00 Four Weeks Net 10 139 Assistant City Manager Gary Jackson recommended that the bid be awarded to ABC Doors in the amount of $13,547.00. He advised the City Council that this bid was for more than anticipated at budget time; however, bullet proof glass was added thereby in- creasing the cost. This has been discussed with the Fire Department and they have agreed to pay the amount over the amount budgeted for the doors.i It was moved by Councilman Frauenberger, seconded by Councilman Bost that Bid No. B84-5 be awarded to ABC Doors in the amount of $13,547.00 and that the Mayor be authorized to execute the contract. Motion passed 5 to 0. PROPOSAL BY R. WAYNE SMITH ENGINEERS FOR DRAINAGE FACILITIES AT F.M. 518 AND BARRY ROSE ROAD: City Manager Wicker advised that several months ago R. Wayne Smith Engineers prepared an Engineering Study of Drainage Problems in and around Pearland. One of the areas was 518, Barry Rose Road, and Walnut Street that drains the apartments on the West side, Sherwood Shopping Center and Sherwood Subdivision. The Study by Mr. Smith indicated that 36" culverts should pass under 518 to three 54" culverts. City Manager Wicker stated that he discussed with Mr. Smith the tunneling rather than closing of the road, and he indicated that there was a good possibility that this could be done. The funds would come out of the last bond issue voted for this purpose. Mr. Wicker further stated that as part of this he would like to request Mr. Smith in his Study to pipe all of the way through to at least the first opening in the K -Mart Shopping Center so that at some future time a left turn lane could be installed at Barry Rose Road. It was moved by Councilman Lentz, seconded by Councilman Bost that the Proposal for Drainage Facilities FM 518 and Barry Rose Road, as submitted by R. Wayne Smith and Associates, Inc., in letter dated March 15, 1984, be approved and that the Mayor be authorized to sign the appropriate contract. Payment for this to be made from the proper bond funds. Motion passed 5 to 0. ORDINANCE NO. 471, CAPITAL RECOVERY FEE ORDINANCE: Ordinance No. 471 read.in.caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 471 be passed and approved on first of two readings. Said Ordinance No. 471 reads in caption as follows: ORDINANCE NO. 471 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING THERETO A NEW ARTICLE IV TO BE ENTITLED "CAPITAL MAINTENANCE AND RECOVERY FEES;" PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Bost that the Capital Mainte- nance and Recovery Fee Schedule, attached to this Ordinance, be accepted. Motion passed 5 to 0. W11 APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment from the appropriate funds: (a) Final Estimate - Precision Grading & Construction Company, dated February 27, 1984, for Sanitary Sewer, Lift Station & Waterline F.M. 518 (oversizing) in the amount of $3,129.45; (b) Invoice No. 9349, Dansby & Miller, AIA Architects for Concrete Parking Area for Library and Community Center, in the amount of $1,795.20; (c) Progress Estimate No. 4, Skrla, Inc. for Construction on Dixie Farm Road, in the amount of $216,612.18. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Frauenberger, seconded by Councilman Gray that the absence of Councilman Bost from the Regular Meeting of March 8, 1984, be shown as "excused absence." Motion passed 4 to 0. Councilman Bost abstained. EXECUTIVE SESSION AT 9:10 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-171 SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 9:30 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 9:30 P. M. Minutes approved as submitted and/or corrected this the 5P' day of , A. D., 1984. ATTEST: City Secretary Mayor