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1984-08-13 CITY COUNCIL REGULAR MEETING MINUTES203 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 13, 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 City Manager City Attorney City Secretary Fiscal Agent Absent from the Meeting: Councilman Terry Gray. INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles R. Mack Al Lentz James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook Frank Ildebrando The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Kerry Spradley, President of the Pearland/Hobby 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 July 23, 1984, be approved subject to the correction being made on Page 197, second paragraph. The sentence should begin, "Mayor Reid asked the City Manager.." Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued a Proclamation proclaiming the month of August, 1984 as, "Child Sup- port Month in Pearland," and asked City Attorney Bobby Williams to accept this Proclama- tion in behalf of the Texas Bar Association. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Planning and Development Committee met recently and discussed building setback lines off certain roadways in our City. The Committee will be proposing some amendments to Ordinance No. 297 and, correspondingly,the Subdivision Ordinance and, hopefully, in the near future, will bring these amendments to the Council for their consideration. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that last month's water bills were produced on our "in-house" computer. He wanted to remind everyone that this was a project that the Staff had been working on for over a year. In the past, the City had the billing done by an outside private firm and by doing this "in-house" the Staff feels that in just this phase, we can pay for the computer operation in about 16-18 months. City Manager Wicker stated he feels that in time this new billing process will be less confusing to the citizens. City Attorney Bobby Williams advised that if there are any contractors that are going to take advantage and do qualify for the installment provisions of the Minute Order by the Council regarding Capital Recovery Fees, that they need to do so before Novem- Mi ber 1, 1984. The Minute Order, itself, expires November 1, 1984, and the Capital Re- covery Fee Ordinance takes effect with no other installment agreements. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: RESOLUTION NO. R84-20, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS CALLING A BOND ELECTION FOR SEPTEMBER 15. 1984, ON FOUR PROPOSITIONS: Resolution No. R84-20 read in full by Councilman Bost, Mayor Reid, Councilman Frauenberger Councilman Mack and Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost that Resolution No. R84-20 be passed and approved on first and only reading. The Certificate and Resolution No. R84-20 reads in full as follows: CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City"), hereby certify as follows: 1. The City Council of the City convened in regular meeting on the 13th day of August, 1984, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary, to -wit: Tom Reid Dennis M. Frauenberger Charles R. Mack Alfred E. Lentz James E. Bost Terry Gray Dorothy L. Cook Mayor Councilman Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: Terry Gray, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION CALLING BOND ELECTION (the "Resolution") was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye" NAYS: None. 2. That a true, full and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certifi- cate; that the Resolution has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of such meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6252-17, as amended. SIGNED AND SEALED this 13th day of August, 1984. /s/ Dorothy L. Cook /s/ Tom Reid City Secretary Mayor (SEAL) 205 RESOLUTION CALLING BOND ELECTION THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X WHEREAS, the City Council deems it necessary to call the election hereinafter described; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: Section 1. An election shall be held in the CITY OF PEARLAND (the "City") on the 15th day of September, 1984, in which all resident, qualified electors of the City shall be entitled to vote; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following polling place and the following are hereby appointed officers to con- duct the election at such polling place: POLLING PLACE: Pearland High School Building 2337 North Galveston Avenue Pearland, Texas ELECTION OFFICERS: Jack Farmer Presiding Judge Howard Suttle Alternate Presiding Judge Maximum number of clerks: 6 The presiding judge shall appoint not less than two or more than the maximum num- ber of election clerks specified above to serve at the polling place under his juris- diction. Said presiding judge and one such clerk, to be designated by such presiding judge, shall also serve as the special canvassing board for absentee voting. Dorothy L. Cook is hereby appointed as the clerk and Kay Krouse, Barbara Lenamon and T. J. Vial the assistant clerks for absentee voting, and the: Office of the City Secretary City Hall 2335 North Texas Avenue Pearland, Texas 77581 is hereby designated as the place for absentee voting for said election. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Sub- divisions 3d and 3e, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when the office is not open to the public. Section 2. At said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION 1 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $6,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 30 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SERIES OR ISSUE, FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? 206 PROPOSITION 2 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $3,500,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 30 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENT AND EXTENSION TO THE SANITARY SEWER SYSTEM OF THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION 3 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $2,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 30 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING AND PERMANENTLY EQUIPPING A PUBLIC SAFETY COMPLEX CONSISTING OF A BUILDING, OR BUILDINGS, TO BE USED FOR POLICE, MUNICIPAL COURT AND JAIL PURPOSES FOR THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTERST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION 4 SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $2,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO -- MATURE SERIALLY WITHIN NOT TO EXCEED 30 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING AND PERMANENTLY EQUIPPING A NEW CITY HALL BUILDING FOR THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? Section 3. An electronic voting system, as defined and described by Article 7.15, Texas Election Code, shall be used for said election, and the following are hereby ap- pointed officers of said election to serve at the Central Counting Station, which is hereby established at the Brazoria County Courthouse: Manager of the Central Counting Station: Lydia Shock Tabulation Supervisor: Terry Packer Presiding Judge for the Central Counting Station: Janice Evans The Manager and Presiding Judge of the Central Counting Station shall appoint not more than one clerk to serve at the Central Counting Station. The official ballot cards and ballot labels, respectively, for the election shall be prepared in accor- dance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS which shall be set forth on such ballot cards and ballot labels in substantially the following form: 207 OFFICIAL BALLOT PROPOSITION 1 ( ) FOR )---THE ISSUANCE OF STREET ( ) AGAINST ) IMPROVEMENT BONDS PROPOSITION 2 ( ) FOR )---THE ISSUANCE OF SANITARY ( ) AGAINST ) SEWER SYSTEM BONDS PROPOSITION 3 ( ) FOR )---THE ISSUANCE OF PUBLIC SAFETY COMPLEX FOR ( ) AGAINST ) POLICE, MUNICIPAL COURT AND JAIL BONDS PROPOSITION 4 ( ) FOR )---THE ISSUANCE OF ( ) AGAINST ) CITY HALL BONDS Section 4. Notice of such election shall be given by Posting, a substantial copy of this resolution in English and in Spanish at three (3) public places within the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof in English and in Spanish on the same day in each of two successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 5. Said election shall be held in accordance with the Texas Election Code, except as modified by the Federal Voting Rights Act of 1965, as amended. Section 6. This resolution was read once by the City Council and shall take effect immediately. , Section 7. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted, and ratified. PASSED AND APPROVED this 13th day of August, 1984. /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS j,. 208 CITIZENS: Ronald A. Martindale, 5303 Woodville, appeared before the City Council to discuss the problem of dogs and cats running at large in his neighborhood. Lately the stray cats were giving him trouble, and with the rabies scare, he was afraid his children would get scratched or bitten by these cats. He would like to see some revision to the Animals and Fowl Code to include cats. Mr. Martindale was advised that our Codes were currently being looked at for possible revisions, and that his request would be taken into consideration. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 134, BOB CAMPBELL, AGENT FOR H. D. JOHNSTON, OWNER ON A 26.5569 ACRE TRACT OF LAND OUT OF THE NORTHWEST ONE-FOURTH OF SECTION 11,, H.T.&B.R.R. CO. SURVEY, ABSTRACT 239, BRAZORIA COUNTY, TEXAS. CLASSIFICATION PU (PLANNED UNIT) TO PLAN APPROVAL (P/A - SINGLE FAMILY HOME SUBDIVISION CONTAINING 108 LOTS). PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: John Garner, 3301 Federal Road, Pasadena, Texas. Mr. Garner, Engineer, prepared the plat of the proposed subdivision and pointed out that the density of the proposed sub- division was four lots per acre and that a large tract of land is being dedicated to drainage/detention pond. The density, he said, is the same as the surrounding sub- divisions. Bob Campbell, Arrowhead Builders. Because the Planning & Zoning Commission were con- cerned about clustering the houses, Mr. Campbell presented the Council a drawing on 60' lots versus 70' lots, showing a typical house with 1536 sq. ft. He is proposing to build houses ranging from 1300 to 1900 sq. ft, in the $70,000 to $90,000 price range, on 60 foot lots. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None REPORT FROM PLANNING AND ZONING COMMISSION: Mayor Reid read a report from the Planning & Zoning Commission, dated July 20, 1984, as follows: July 20, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their special meeting on July 17, 1984, the Planning and Zoning Commission held a public hearing on Application No. 134, Bob Campbell, Agent for H. D. Johnston, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to Plan Approval (P/A - Single Family Home Subdivision Containing 108 Lots). It was brought out that the members generally felt that the smaller lot sizes were to be used as a buffer between larger lots and commercial property. A motion was made by Hardie Barr, seconded by Al Klosterman to recommend that the City Council deny Application No. 134, for zone change request from classification Planned Unit (PU) to Plan Approval (P/A - Single Family Home Subdivision containing 108 Lots). The Planning and Zoning Commission is submitting this recommendation for the City Council's consideration. Yours truly, /s/ Richard F. Tetens RT:vc Richard Tetens, Chairman, P & Z Commission 209 QUESTION AND, ANSWER PERIOD: Mr. Garner was asked if the detention pond was of sufficient size to handle a 100 -year storm; he replied he believed it does. There was a discussion about the impact of this development upon the existing sanitary sewer system in that area and if the lift station itself was sufficient size to serve additional acreage if needed. HEARING ADJOURNED AT 8:45 P.M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 134, BOB CAMPBELL, AGENT FOR H. D. JOHNSTON, OWNER: It was pointed out that in the letter from the Planning and zoning Commission the voting record of the Commission was left out. The Mayor asked that the Public Works Director obtain the voting information; to prepare a report on the impact of this proposed de- velopment on the sanitary sewer system in the area and also a report on the gross density of Corrigan Subdivision and Willowick Subdivision; and to submit this information to Council for their consideration on this application. It was moved by Councilman Lentz, seconded by Councilman Frauenberger to table the decision on Application No. 134 until next regular Council Meeting. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 208-2, AN ORDINANCE RESCINDING ORDINANCE NO. 208-1, AMENDMENT TO SEWER RATE ORDINANCE: Ordinance No. 208-2 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 208-2 be passed and approved on second and final reading. 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 Frauenberger, and Council- man Bost. Voting "No": None Motion passed 4 to 0. NEW BUSINESS:(Continued) ORDINANCE NO. 246-97, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - WILLIAM G. RICHTER, AGENT FOR W. C. ADAMS AND S. A. SHUKANE, OWNERS - APPLICATION NO. 1 33 - PT.ANNFT) TTNTT TC) PT.AT\T APPRnVAT.- Ordinance No. 246-97 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 246-97 be passed and approved on first of two readings. Said Ordinance No. 246-97 reads in caption as follows: 91. ORDINANCE NO. 246-97 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 Bost, Councilman Frauenberger, Councilman Mack and Council- man Lentz. Voting "No": None Motion passed 4 to 0. SUBMISSION OF THE CITY MANAGER'S PROPOSED BUDGETS FOR THE FISCAL YEAR BEGINNING 10-1-84 TO 10-1-85 AND CALL OF A PUBLIC HEARING BY THE CITY COUNCIL: A motion was made by Councilman Bost, seconded by Councilman Frauenberger that the pro- posed budgets for the year 1984-85 be received into the records and that a Public Hearing be called for August 22, 1984 at 7:30 P.M. Motion passed 4 to 0. RESOLUTION NO. R84-19, A RESOLUTION AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT: Resolution No. R84-19 read in full by Councilman Frauenberger and Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Frauenberger that Resolution No. R84-19 be passed and approved on first and only reading. Said Resolution No. R84-19 reads in caption as follows: RESOLUTION NO. R84-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, and Councilman Bost. Voting "No". None Motion passed 4 to 0. PROPOSAL FOR DRAINAGE IMPROVEMENTS IN SHERWOOD SECS. I & II, WESTMINISTER AND NOTTINGHAM SUBDIVISIONS: Public Works Director Bill Thomasset explained that there have been drainage problems in the Sherwood, Westminister and Nottingham Subdivisions for sometime. Engineering studies have indicated that the pipes and inlets are too small in Sherwood Subdivision. Most of the work to be done from this proposal is survey work which has never been done before and is needed. Mr. Thomasset feels that these subdivisions are a good place to start and that the plans,.prepared by R. Wayne Smith on Drainage Improvements at FM518 and Barry Rose Road, will help this project; actually, they complement each other. It was brought out that since there are many subdivisions that are in need of drainage improvements, the Out -fall Studv prepared by R. Wayne Smith has listed priorities for drainage improvements. It was moved by Councilman Frauenberger, seconded by Councilman Mack that the Mayor be authorized to execute a contract between the City of Pearland and Walsh Engineering for engineering services and that funds be taken from the appropriate bond fund. Motion passed 3 to 0. Councilman Lentz abstained. CERTIFICATION OF BALLOTS TO BE USED IN BOND ELECTION: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the following ballots be certified for the September 15, 1984 Bond Election: Numbers 186001 through 186200) ---For Absentee Voting Numbers 186201 through 188000) ---For Regular Election Motion passed 4 to 0. COUNCIL MOTION TO MAKE PAYMENT NEEDED FOR AMBULANCE IN THE AMOUNT OF $10,013.30 FROM COUNCIL CONTINGENCY FUND: It was moved by Councilman Lentz, seconded by Councilman Bost that payment needed for the Emergency Medical Service ambulance, in the amount of $10,013.30, be paid from the Council Contingency Fund. Motion passed 4 to 0. REVIEW AND POSSIBLE AWARD OF BIDS: Bid No. B84-12, Materials for Water Line Extension and The following bids reviewed by the City Council: VENDOR PRICE DELIVERY DATE lacement: TERMS BID BOND Western Pipe & Supply $49,156.00 1 Work Week Max. Net 30 Days Municipal Pipe and 20% if awarded all C.C. Fabricating Co. $61,478.75 As required items. Net 30 Days $3,000 Each order from Utility Supply Co. $47,902.30 stock to 7 days Net 30 Days 5% The Rohan Company $46,692.88 As required Net 30 Days 5% Assistant City Manager Gary Jackson stated that The Rohan Company, the apparent low bidder, had requested by letter to retract Items No. 2 and 3 of their bid of $46,692.88; however, City Attorney Bobby Williams advised that this retraction, in effect, would invalidate The Rohan Company's entire bid. It was moved by Councilman Lentz, seconded by Councilman Bost that, based on the recom- mendation of the City Staff, Bid No. B84-12, Materials for Water Line Extension and Re- placement, be awarded to Utility Supply in the amount of $47,902.30, since they are the lowest responsible bidder who meet all the requirements contained in the bid material, and the Mayor be authorized to sign the contract, with a note that the lowest bidder has withdrawn his bid. Motion passed 4 to 0. Bid No. B84-13, One Ton Cab and Chassis: The following bid reviewed by the City Council: VENDOR MAKE PRICE TERMS Russell & Smith Ford 1985 Ford F350 1. $ 9,300.00 Net 30 Days 1985 Ford F350 1(a) 10.200.00 90-120 Days 212 Assistant City Manager Gray Jackson explained that only one bid was received but that the price, he feels, is excellent, and that there is a great need for this Cab and Chassis. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-13 for a One Ton Cab and Chassis be awarded to Russell & Smith Ford for the amount of $9,300.00, and that the Mayor be authorized to sign the contract. Motion passed 4 to 0. Bid No. B84-14, Disposable Refuse Bags: The following bids reviewed by the City Council: PRICE PER PRICE PER ALTERNATE VENDOR BAG BUNDLE (52) TOTAL BID DELIVERY TIME (NO PRNT) Great Plains Baa Co. .1889 9.8228 $80,282.50 Wk. of 10-1-84 $80,282.50 St. Regis Corp. .18645 9.6954 $79,241.25 Wk. of 10-1-84 $79,028.75 Assistant City Manager Gary Jackson advised that the prices this year have increased slightly, primarily due to the fact that we are asking that the bags be delivered by truck to the Service Center instead of being delivered by railroad cars, which in the past was a difficult task with City crews unloading and delivering them. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-14, Dis- posable Refuse Bags, for the Sanitation Department, be awarded to St. Regis Corp. in the amount of $79,241.25, and that the Mayor be authorized to sign the contract. Motion passed 4 to 0. APPOINTMENTS TO THE FOLLOWING BOARDS: It was moved by Councilman Mack, seconded by Councilman Frauenberger that the following be appointed: BUILDING BOARD OF ADJUSTMENTS AND APPEALS (each to serve a four-year term) Raymond Barringer - General Contractor Ronald R. Parker - Contractor PLUMBING APPEALS AND ADVISORY BOARD (each to serve a four-year term) Walter Besser - Plumbing Contractor Gary C. Schriver - A/C Contractor Motion passed 4 to 0. OTHER BUSINESS: MEETING RECESSED AT 9:35 P. M. TO EXECUTIVE SESSION - TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:40 P. M. T Tl TlIT TDTi . Meeting adjourned at 10:40 P. M. 213 Minutes approved as submitted and/or corrected this the 027,0C day of eL E , A. D., 1984. Mayor ATTEST: Assistant C ty Secretary