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1984-07-09 CITY COUNCIL REGULAR MEETING MINUTES190 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 9, 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 Dennis Frauenberger Terry Gray James E. Bost Al Lentz Charles R. Mack Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Melvin Knapp. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Minutes of the Regular Meeting held on June 25, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Gray abstained. It was moved by Councilman Lentz, seconded by Councilman Bost that the Special Meeting held on July 2, 1984, be approved as submitted. Motion passed 3 to 0. Councilman Frauenberger and Councilman Mack abstained. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None CITIZENS: Judith E. DeVine, Executive Coordinator of Clean Pearland, appeared before the City Council to present to the citizens, through the City Council, awards presented to Pear - land from the Beautify Texas Council and Keep Brazoria County Beautiful Association; and to acknowledge awards received by Area Scouts and Pearland Independent School District Intermediate School from the Beautify Texas Council. Ms. DeVine presented the following awards: 1. Governors Community Achievement Award for 1983; 2. Award of Commendation; 3. Girl Scouts' Award; 4. Beautify Texas Award of Excellence; 5. Annual Beautification Award from the Keep Brazoria County Beautiful Assoc. Mayor Reid praised the Clean Pearland members. -for their work 'which resulted in the numerous awards being presented to the City. RUN DEPARTMENTAL REPORTS: City Manager Wicker reported that the permanent flood insurance program for the City was effective on July 5, 1984. He stated that if you are in the A zone, which is the most expensive zone you can be in, you will pay a certain rate per $100.00 value on your building and contents. If you are in the B or C zone you will pay about one-half of the A rate. He also stated that if the property was located in the A zone and they can prove to the City that the slab elevation is above the 100 year flood elevation, then they can qualify for the B and C rates. This information has to be certified by a Surveyor. CITIZENS: (Continued) Ms. Jan Smith signed to appear before the City Council but was not present at the Meeting. Tom Alexander, representing Black Base, Inc., appeared before the City Council with the request from Black Base, Inc., developer of Alexander Landing Section IV, asking that the City of Pearland share the cost of the oversize water line along Alexander Lane and in the construction of a crossing over the Barry Rose Road ditch at London Court. Additional written information and support materials for these two matters were included in letters written to the City Manager. Further, Black Base, Inc. asked that the Council delay the installation of the crossing at Barry Rose Road and London Court until Section V of Alexander Landing was developed. The delay would give the County Drainage District, currently in the process of widening and deepening the Barry Rose ditch, time to complete its work. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY BLACK BASE, INC. FOR CITY PARTICIPATION IN OVERSIZING WATER LINE AND BRIDGE, AND REQUEST FOR INSTALLATION OF BRIDGE CROSSING BE -DELAYED UNTIL SECTION V OF ALEXANDER LANDING IS DEVELOPED: City Manager Wicker advised that any participation in oversizing of lines or any parti- cipation in streets or structures have to be initiated by the developer and approved by the City Council. He stated further that it was the original intent of the Engineering Department to get a 10" line all of the way to the back of the Alexander property. Mr. Alexander stated that the cost for oversizing the water line along Alexander Lane in Alexander Landing Section IV would be as follows: Cost difference between installing 8" and 10" water line; Water line 1,775 l.f. @ $2.65 $4,650.75 GV & B - 12 GV & B X 150./GV&B 11800.00 Total $6,450.75 A discussion was held regarding this request and the following motion was made: It was moved by Councilman Gray, seconded by Councilman Bost that the City participate with Black Base, Inc. in the cost difference between an 8" and 10" line for an approxi- mate cost of $6,450.75 in Alexander Landing Section IV. Motion passed 5 to 0. Mr. Alexander, representing Black Base, Inc., requested participation of the City in the installation of a bridge over the Barry Rose Ditch and the extension of London Court 192 in Alexander Landing, Section IV. He stated that approximately 12.8% of the flow through this ditch is attributable to Alexander Landing Section IV and that the balance of the flow will be from adjacent areas of the City. He asked that the City pay $19,184.00, representing 87.2% of the total cost of $22,000.00, for this 2 barrell 7' x 7' box culvert crossing. A discussion was held regarding this request and the following motion was made: It was moved by Councilman Lentz, seconded by Councilman Bost that the City not parti- cipate in the structure crossing Barry Rose Road at the extension of London Court. Motion passed 5 to 0. It was brought out that the City has never participated in the building of a bridge to a subdivision. Mr. Alexander requested that the Council consider the other part of his proposal which asked for a delay in installation of the bridge crossing at London Court and Barry Rose Road. The Drainage District is currently reworking the drainage ditch and there is no assurance that the bridge could be completed before the subdivision is ready for accep- tance by the City Council. Mr. Alexander stated that he felt that the Drainage District would participate in the cost of the crossing since it crosses over their stream. City Manager Wicker requested Mr. Alexander to furnish some defined construction plans so that our Engineering Depart- ment can review this proposed construction work over the drainage ditch. It was moved by Councilman Gray, seconded by Councilman Bost that the bridge crossing construction at Barry Rose Road be delayed to start until a period of no more than 30 days after the Drainage District has cleaned the ditch just beyond Section IV of Alexander Landing. Motion passed 4 to 1. Councilman Mack opposed. Councilman Gray asked that the Planning and Zoning Commission be notified of the Council's action. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 246-94, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE-- APPLICATION NO. 132, LUTHER W. SAWYER PD TO COMMERCIAL; Ordinance No. 246-94 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance No. 246-94 be passed and approved on second and final reading. Said Ordinance No. 246-94 reads in caption as follows: ORDINANCE NO. 246--94 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. 193 Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-95, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 130, RICHARD M. STRAUSS - PD TO COMMERCIAL: Ordinance No. 246-95 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 246-95 be passed and approved on second and final reading. Said Ordinance No. 246-95 reads in caption as follows: ORDINANCE NO. 246-95 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) RESOLUTION NO. R84-16, A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO CONTRACTURAL AGREEMENT WITH THE STATE FOR ENGINEERING DESIGN FOR WIDENING OF FM 518 FROM WESTMIN- ISTER TO LIBERTY DRIVE: Resolution No. R84-16 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No. R84-16 be passed and approved on first and only reading. Said Resolution No. R84-16 reads in caption as follows: RESOLUTION NO. R84-16 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY TO ENTER INTO A CONTRACTURAL AGREEMENT WITH THE STATE FOR ENGINEERING DESIGN ON WIDENING F.M. 518 FROM WESTMINISTER DRIVE TO LIBERTY DRIVE. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. SEWER RATE ADJUSTMENT: This item passed until future agenda. PROPOSAL BY THIGPENN ENTERPRISES, CONSULTING ENGINEERS TO PROVIDE CONSULTING SERVICES FOR DEVELOPMENT OF MASTER WATER'PLAN WITH COMPUTER MODELING: Director of Public Works Thomasset advised that this service would set up a Master Water Plan for the City for now and for the future. This will be developed so that we can put additional information on our own computer and make adjustments to it as the City develops. City Manager Wicker stated that the proposal includes the software for future analysis. The cost of this service contract would be $17,000.00, with the cost to be paid out of Water Bond Funds. It was moved by Councilman Lentz, seconded by Councilman Gray that the proposal from Thigpenn Enterprises, Inc. to provide Consulting Services for Development of a Master Water Plan with Computer Modeling be approved and the Mayor be authorized to sign the Agreement. Payment to be made from the Water Bond Fund. Motion passed 5 to 0. The City Council noted the difference between the amount of water pumped and the amount of water billed by the City, and asked that the City Manager look into this matter. TRAFFIC CONTROL REPORT NO. 46: City Attorney Bobby Williams read into the records the Traffic Control Report No. 46 wherein the Director of Planning & Transportation filed a report that the following signs have been installed and erected under his direction: YIELD SIGNS One yield sign on the northwest corner of John Street at Longwood Drive One yield sign on the northwest corner of Kay Street at Longwood Drive One yield sign on the southeast corner of Mary Street at Longwood Drive It was moved by Councilman Mack, seconded by Councilman Frauenberger that Traffic Control Report No. 46 be approved and ratified by the City Council. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Bost, seconded by Councilman Lentz that the absence of Councilman Terry Gray from the Meeting held on June 25, 1984, be shown as excused absence. Motion passed 4 to 0. Councilman Gray abstained. RECESSED TO EXECUTIVE SESSION AT 9;15 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (e) LEGAL; SECTION 2, SUBSECTION (f) LEASE, PURCHASE EXCHANGE OR VALUE OF REAL PROPERTY; AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 11:15 P.M. NEW BUSINESS: (Continued) It was moved by Councilman Gray, seconded by Councilman Lentz that the City Manager's salary be increased to $45,000.00 per year. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 11:15 P. M, 195 - Minutes 95. Minutes approved as submitted and/or corrected this the_,g�day of , A. D., 1984. R Mayor ATTEST: `_ y Secretary