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1984-07-23 CITY COUNCIL REGULAR MEETING MINUTES19 6 MINUTES OF A REGULAR MEETING OF THE CITY -COUNCIL OF THE CITY OF-PEARLAND, TEXAS, HELD ON JULY 23,_1984, 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 Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman Tom Reid Dennis Frauenberger James E. Bost Al Lentz Charles R. Mack Terry Gray City Manager Ronald J. Wicker City Secretary Dorothy L_. Cook Absent from the Meeting: City Attorney Bobby Williams INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Council- man Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the Minutes of the Regular Meeting held on July 9, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized the students from San Jacinto College present at the Meeting. Mayor Reid read a letter from Benny Childs, President of the Beautify Texas Council, that enclosed an Award of Commendation for 1984 for the City of Pearland. COUNCIL ACTIVITY REPORTS: Councilman Mack announced that a Planning & Development Meeting would be held on Monday, July 30, 1984. DEPARTMENTAL REPORTS: City Manager Wicker reported that one half of the new pavement is in place on Liberty Drive and that he hoped that the road would be open for traffic by September 1, 1984. CITIZENS: Dennis Mabry of Rt. 2, Box 2910 appeared before the City Council with a request that he be allowed to connect his home to the Pearland water line which now runs down County Road 963. Mr. Mabry does not live in the City Limits of Pearland. Mayor Reid referred this matter to City Manager Wicker and Director of Public Works Thomasset for a recommendation to present to the City Council. Don Bane, representing Park Avenue Homes, appeared before the City Council requesting reconsideration of sign useage in the City. He stated that his firm needed to find a way to get the drive -around traffic to the neighborhoods where Park Avenue Homes are for sale, and he made the following three suggestions regarding the useage of signs: 197 1. Put up the small portable signs o n Saturday morning and remove them by Sunday night; 2. Try to approach the individual property owners and get permission to place a large 4' x 8' sign; 3. Proposes a brick monument, to be paid for by developers, that would be spaced on City easements throughout the City with directions to each new home sub- division. Mayor Reid asked that the City Manager reviewthe current _-portable -sgn_ordinance ri general and make recommendations for updating and improving this.ordinance. Malcolm Collins, Jr., 304 Brigadoon, Friendswood, Texas, appeared before the City Council regarding his mobile home park development at Pearland Sites and Magnolia Road extended. He stated that he wished to resolve the issues involved in the replat of this mobile home park with consideration of the existing utilities. There are three issues that seem to be the problem: 1. Right -of Way on Magnolia; 2. Problem on the interior streets on right-of-way; and 3. The replatting of this mobile home park will be in four phases rather than the two originally approved. He asked that the Council look at these issues reviewed by the City Council. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: REQUEST BY MALCOLM COLLINS, JR. CONCERNING REPLATTING OF MAGNOLIA PLACE WITH THE CON- SIDERATION OF EXISTING UTILITIES: Mr. Collins appeared before the City Council to ascertain whether or not he would be able to replat his mobile home park in four sections (final) rather than the plat origi- nally approved. He also wishes to change the name of the subdivision and the names of the streets. Mr. Collins has already installed the water and sewer lines and if he is required to give additional right-of-way on Magnolia, in accordance with the current Subdivision ordinance and Comprehensive Plan, then he will have to cut into some of the lots, as well as the fact that the plat originally approved would have to be completed in total before any building permits would be released. The Council discussed this matter and the following motion was made: It was moved by Councilman Gray, seconded by Councilman Lentz that any replatting to Magnolia Place, or any other subdivision go by present rules and regulations that we have in our Subdivision Ordinance. Replatting to fall in the same category as first time platting. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: CITIZENS: (Continued) Melvin Woolbright, 1110 Robert, Pearland, Texas, appeared before the City Council with a complaint about bamboo growing in his neighborhood on City right-of-way. Mayor Reid advised Mr. Woolbright that he would review the complaints outlined in the meeting and try to get back to him with an answer. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 133, WILLIAM G. RICHTER, AGENT FOR W. C. ADAMS AND S. A. SHUKANE, OWNERS, ON A 6.352 ACRE TRACT OF LAND OUT OF LOT 24 OF THE W. ZYCHLINSKI SUBDIVISION, ABSTRACT 543, BRAZORIA COUNTY, TEXAS. CLASSIFICATION PLANNED UNIT TO PLAN APPROVAL. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: William G. Richter, Agent, advised that he planned to build a 50' x 80' building for a fabrication shop, office, dwelling, and garage, as per the Site Plan attached to the Application. Steve Shukanes, Owner, spoke in favor of this change. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None REPORT FROM PLANNING & ZONING COMMISSION: Mayor Reid read a report from the Planning & Zoning Commission, dated June 25, 1984, as follows: June 25, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their special meeting on June 19, 1984, the Planning and Zoning Commission held a public hearing on Application No. 133, William G. Richter, Agent for W. C. Adams and S. A. Shukanes, Owners, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (P/U) to Plan Approval (P/A-Fabrication Shop and Office). At that time a motion was made by Frank Ravet, seconded by Hardie Barr, that the Planning and Zoning Commission recommend to City Council approval of Appli- cation No. 133 for a zone change from Planned Unit to Plan Approval -Fabrication Shop and Office. Motion passed 4-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Yours truly, /s/ Richard F. Tetens Richard F. Tetens, Chairman Planning & Zoning Commission RFT:kk QUESTION AND ANSWER PERIOD: Mr. Richter was asked whether or not there would be any outside storage involved in this operation. He advised that there would be none. NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICA'T'ION NO. 133, WILLIAM G. RICHTER, AGENT FOR WILLIAM C. ADAMS AND S. A. SHUKANES: It was moved by Councilman Gray, seconded by Councilman Bost that the City Attorney be instructed to prepare the appropriate ordinance on Application No. 133, William G. Richter, Agent, changing the classification from Planned Unit to Plan Approval. Notion passed 5 to 0. 199 FINAL ACCEPTANCE OF WHISPERING WINDS SUBDIVISION: It was moved by Councilman Lentz, seconded by Councilman Gray that the City finally accept Whispering Winds Subdivision, subject to submittal of appropriate bonds, etc., and that no certificate of occupancy be issued until the Lift Station has been com- pleted to the satisfaction of the City Staff. Motion passed 5 to 0. REVIEW AND AWARD OF BID NO. B84-11, TYPE I AMBULANCE: The following bids reviewed by the City Council: VENDOR MAKE PRICE DELIVERY DATE TERMS 1985 Chev. 454 45-60 Days After Superior Remount, Inc. Scotsdale $41,164.00 Rec. of Chassis Net/Delivery 1983 Chev. $33,500 Base* 5% Deposit; Production Eng., Inc. 1984 Chev. $34,750 Base* 120 Days Bal. on Del. Summers Ambulance and 1984 Chevrolet Coach Sales Silverado $41,595.00 45-60 Days Net/Delive Collins Ambulance Chevrolet C-30 Sales and Service Silverado $42,013.30 45-60 Days Net/Delivery *Plus List of Additional Items Gary Jackson, Assistant City Manager, advised that Production Engineering, Inc. appears to be the lowest bidder with a base bid price on the cab and chassis of $34,750.00; how- ever, when you add on the additional items the bid would be $42,720.00. Also, the bid was not in the format that we requested since we asked for a total bottom line bid. Summers Ambulance bid $41,595.00, and on the bid we had asked for compliance with the latest Federal regulations. This firm enclosed a 1980 compliance letter. The third bidder, Superior Remount, Inc., has a bid of $41,164.00 which we consider a contingent bid, since delivery would be 45 to 60 days after receipt of the cab and chassis. Collins Ambulance Sales and Service bid $42,013.30 and they have the cab and chassis in stock now and all phases of their bid meet the specifications. Mr. David Smith of the Pearland EMS explained that the Federal regulations for ambulances have changed, causing an approximate 15% increase in cost of equipment. Mr. Smith recommended that the bid be awarded to Collins Ambulance Sales and Service, in the amount of $42,013.30, since this firm has agreed to accept an October 1, 1984, deadline delivery. It was moved by Councilman Gray, seconded by Councilman Bost that Bid No. B84-11 be awarded to Collins Ambulance Sales and Service in the amount of $42,013.30, and that the budget be amended accordingly. Motion passed 5 to 0. Councilman Lentz asked that the low bidders be notified of the reasons why their bids were not accepted. MEETING RECESSED AT 9:10 P. M. -- RECONVENED AT 9:20 P. M. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. -208-2, AN ORDINANCE RESCINDING ORDINANCE NO. 208-1, AMENDMENT TO SEWER RATE ORDINANCE: WE Ordinance No. 208-2 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance No. 208-2 be passed and approved on first of two readings. Said Ordinance No. 208-2 reads in caption as follows: ORDINANCE NO. 208-2 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING ALL PROVISIONS OF ORDINANCE NO. 208-1 HERETOFORE PASSED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Bost, Councilman Gray and Councilman Frauenberger. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R84-18, A RESOLUTION DETERMINING CHARGES FOR THE USE AND SERVICE OF SEWAGE SYSTEM IN THE CITY OF PEARLAND: Resolution No. R84-18 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Bost that Resolution No. R84-18 be passed and approved on first and only reading. Said Resolution No. R84-18 reads in caption as follows: RESOLUTION NO. R84-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR THE USE AND SERVICE OF THE SEWAGE SYSTEM OF THE CITY OF PEARLAND, TEXAS, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) REQUEST BY DENNIS MABRY FOR WATER SERVICE OUTSIDE OF CITY LIMITS: This item passed to future agenda. RESOLUTION NO. R84-17, A RESOLUTION RATIFYING AND AUTHORIZING THE PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL JURISDICTION: Resolution No. R84-17 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Gray that Resolution No. R84-17 be passed and approved on first and only reading. Said Resolution No. R84-17 reads in caption as follows: RESOLUTION NO. R84-17 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, RATIFYING AND AUTHORIZING ITS PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL JURISDICTION TO INCLUDE DATA SHARING AND INTER- VENTION WITH SAID COALITION IN THE HL&P RATE REQUEST, DOCKET NO. 5779, BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. REJECTION OF BID NO. B83-17, FROM BASIC WASTE SYSTEMS, INC. ON REFURBISHING OF GARBAGE BODY AND REQUEST AUTHORIZATION TO REBID SAME: City Manager Wicker advised that sometime ago we bid the refurbishing of a packer body to be installed on a cab and chassis. The cab and chassis has now arrived and we are ready to take possession of same. The refurbishing of the garbage body was awarded to Basic Waste Systems, Inc.; however, the base bid was put together with the understanding that the packer body we had on hand could be rebuilt. We have had so many problems keeping our trucks running that we have had to cannibalize the packer body to be rebuilt. This firm can no longer rebuild this packer body for the same price that was bid. He recommended that the Council deny this bid and authorize the rebidding. City Manager Wicker suggested that we go out for bids on a new packer body, with the old body to be given as an exchange type. It was moved by Councilman Frauenberger, seconded by Councilman Bost that, due to unfore- seen circumstances since the advertisement of the bid which renders this bid no longer a feasible method, Bid No. B83-17 be rejected and the Staff be authorized to rebid a new packer body as soon as possible. Motion passed 5 to 0. ADJUSTMENT TO THE 1983-84 BUDGET: It was moved by Councilman Bost, seconded by Councilman Gray that the following budget adjustment be made: Transfer from account, "To General Fund from Water & Sewer" $150,000 to the following accounts: W & S Construction $89,257 W & S Treatment $58,100 W & S Distribution & Collection $ 2,643 Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Bost that the following budget adjustment be made: Transfer from City Manager's Salary Adjustment $33,000 to the following overtime accounts: Engineering $ 2,000 Drainage $ 1,000 Sanitation $30,000 Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Mack that the following budget adjustment be made: Transfer to the Public Work's Department $36,441 from the estimated increase in Sales Tax Revenue. Motion passed 5 to 0. COUNTY ALLOCATION FOR 1984: City Manager Wicker recommended that the County road allocation of approximately $15,000 be designated for the reconstruction of John Lizer Road from Highway 35 to Mary's Creek. It was moved by Councilman Bost, seconded by Councilman Mack that the County allocation be applied to the upgrading of John Lizer Road from State Highway 35 to Mary's Creek, and that the City participate, if necessary, in lime-stabilizing.the existing base and appli- cation of two -course penetration paving to the roadway. Motion passed 5 to 0. 201 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) Invoice No. 3884, Langford Engineering Company in the amount of $9,843.52 for Study and Report for Upgrading 3 Sewer Plants and Study and Report for Channel Improvement to Clear Creek; (b) Invoice from Brown & Root in the amount of $73,851.59 for Hatfield Road Realignment; (c) Invoice from Ramex Construction Company, Inc. in the amount of $119,241.00 for improvements to Liberty Drive and South Galveston Street. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED AT 9:50 P. M. TO EXECUTIVE SESSION - TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY, AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:40 P. M. ADJOURN: Meeting adjourned at 10:40 P. M. Minutes approved as submitted and/or corrected this the /J: day of ' A. D., 1984. Mayor ATTEST: City Secretary