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1984-08-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 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 City Manager City Attorney Assistant City Secretary Absent from the Meeting: Councilman Terry Gray INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger James E. Bost Charles R. Mack Al Lentz Ronald J. Wicker Bobby Williams Kay Krouse The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Assis- tant City Secretary Kay Krouse. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Bost that the Minutes of the Regular Meeting held on August 13, 1984, be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Bost, seconded by Councilman Mack that the Minutes of the Budget Hearing held on August 22, 1984, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORTS: Mayor Reid issued two Proclamations, proclaiming September 22, 1984, as "American Busi- ness Women's Day" in Pearland; Cheryl Barnett accepted in behalf of the Rosette Chapter and Freda Kincaide accepted in behalf of the Peartree Chapter of ABWA. Mayor Reid mentioned the letter, in the back of the Council packets, concerning`:the Water Authority meeting to be held on August 30, 1984, at 7:30 P. M. in Pearland, and extended a personal invitation to this meeting to Gary Jackson, Assistant City Manager and Bill Thomasset, Public Works Director. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Ron Wicker introduced Renee' Monceaux, Animal Control Officer, who reported on rabies awareness in Pearland. She stated that there have been no confirmed cases of rabies within the last 90 days. In the surrounding areas of Pearland, within the last six months there have been eight confirmed cases, but no domesticated animals nor contact with humans were involved. Out of the last 140 skunks turned in, 119 were rabid, so it is very important for pet owners to have their pets vaccinated. On re- quiring City license, Ms. Monceaux reported that the only way she has to enforce this is when an owner comes to claim his pet. She further reported that three-fourths of the 217 strays picked up are eventually put to sleep and she blames this on the irresponsibility of dog owners. The difficulty in enforcing the animal ordinance, Ms. Monceaux believes, can be alleviated by increasing the fees, thereby making the pet owners more aware of their responsibilities. Mayor Reid commended Ms. Monceaux on the fine job she is doing. CITIZENS: Mrs. Ruby Camp McPhail, 2310 Longwood, appeared before the Council to request a variance from the Subdivision Ordinance requirement of 100 -foot building setback off pipeline easements. She stated that she has been a resident of Pearland for 14 years and owns two lots and a house at the corner of Longwood Dr. and McDonald; that there are Phillips pipelines behind the lots and she is asking for a waiver on the vacant lot of 65 feet from the pipeline easement. She explained that there are very few vacant lots on Long- wood Dr. and submitted pictures to the Council of the corner lot, her house and neighbor's showing the pipeline locations. CHANGE IN ORDER OF BUSINESS NEW BUSINESS COUNCIL DECISION ON REQUEST BY MS. RUBY McPHAIL FOR VARIANCE FROM THE SUBDIVISION ORDINANCE REQUIREMENT OF 100 FOOT BUILDING SETBACK OFF PIPELINE EASEMENTS City Manager Ron Wicker reported that in the past there has been a variance granted, in that general location, to allow 75 foot setback off the pipeline but that the determining factor used by the Council at that time was whether it was a high pressure or low pressure line. Mr. Wicker said he does not believe that the pipeline on Mrs. McPhail's property is the same line nor possibly the same pressure involved. It was moved by Councilman Frauenberger, seconded by Councilman Bost that this item be tabled until the next regular Council meeting, or until such time that the Council can get a reading on what is actually carried in the pipeline. Motion passed 4 to 0. The Council instructed Mrs. McPhail to obtain a letter from Phillips Pipeline Company stating what is in this pipeline. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: Ordinance NO. 246-97 read in caption by Councilman Frauenberger. (Second Reading). It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-97 be passed and approved on the second of two readings. Said Ordinance No. 246-97 reads in caption as follows: 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 Councilman Lentz. Voting "No": None Motion passed 4 to 0. 2 1.8 NEW BUSINESS:(Continued) FINAL ACCEPTANCE OF REPLAT OF PORTION OF MIMOSA ACRES, BLOCKS 1,2,3,4, & 5. Bill Thomasset, Public Works Director, stated that he had no problems with the acceptance of this subdivision. It was moved by Councilman Lentz, seconded by Councilman Mack that based on the recom- mendation of the Director of Public Works, the Council accept for the City the Replat of Portion of Mimosa Acres, Blocks 1,2,3,4 & 5 subject to the receipt of the Mainte- nance Bond and all other necessary papers. Motion passed 4 to 0. RECEIPT INTO THE RECORDS THE 1984 APPRAISAL ROLL CERTIFICATION FROM BRAZORIA COUNTY APPRAISAL DISTRICT AND CALCULATION OF EFFECTIVE TAX RATE; AND ACCEPTANCE OF 1984 APPRAISAL ROLL. The Certification of the 1984 Appraisal Roll and Notice of Calculation of Effective Tax Rate was read into the records by Ms. Barbara Lenamon, Tax Assessor -Collector. They read as follows: STATE OF TEXAS X PROPERTY TAX CODE, SECTION 26.01 (a) COUNTY OF BRAZORIA X CERTIFICATION OF THE 1984 APPRAISAL ROLL FOR PEARLAND I, J. R. Gayle, Jr., Chief Appraiser for the Brazoria'County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Brazoria County Appraisal District which lists property taxable by Pearland and constitutes the appraisal roll for Pearland, subject to additions, deletions and corrections as provided by the Texas State Property Tax Code. July 24, 1984 /s/ J. R. Gayle, Jr. Date Signature of Chief Appraiser Approval of the appraisal records by the Brazoria County Appraisal Review Board occurred on the 11th day of July, 1984. DISTRIBUTION OF APPRAISALS: Real Property Personal Property Minerals TOTAL APPRAISED VALUE (NET) New Improvements since January 1, 1983 $ 15,259,980 + 485,270 = $15,745,250 Annexed Property $ R - 14,376,510 P - 13,567,870 Total: $27,944,380 $ 331,121,930 $ 97,131,560 $ 86,830 $ 428,340,320 + 3,196,330 - Minimum Value still under $ 431,536,650 Protest by B.O.R. City Tax Assessor -Collector Barbara Lenamon read into the records the calculation of the 1984 tax rate of the City. This calculation determined the Maximum Tax Rate for 1984 to be $0.73 per $100 valuation. 219 It was moved by Councilman Bost, seconded by Councilman Lentz that the 1984 Appraisal Roll Certification submitted by the Brazoria County Appraisal District, the Calculation of Effective Tax Rate as submitted by Barbara Lenamon, Tax Assessor -Collector, and the 1984 Appraisal Roll be accepted and entered into the records of the City. Motion passed 4 to 0. ORDINANCE NO. 476, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985 Ordinance No. 476 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance No. 476 be passed and approved on first of two readings. Said Ordinance No. 476 reads in caption as follows: ORDINANCE NO. 476 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING SEPTEMBER 30, 1985. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger., and Councilman Bost Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 477, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF MUNICIPAL GOVERNMENT AND PROVIDING FOR INTEREST AND SINKING FUND AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE Ordinance No. 477 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 477 be passed and approved on first of two readings. Said Ordinance No. 477 reads in caption as follows: ORDINANCE NO. 477 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT TO THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1984 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 478, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985 Ordinance No. 478 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance No. 478 be passed and approved on first of --two readings. Said Ordinance No. 478 reads in caption as follows: ORDINANCE NO. 478 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD NO. 16 BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985. 220 Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and Council- man Bost Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R84-21, A RESOLUTION SUPPORTING DRAINAGE STRUCTURE ACROSS FM 518 AT MARY'S CREEK BYPASS Resolution No. R84-21 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Resolution No. R84-21 be passed and approved on first and only reading. Said Resolution No. R84-21 reads in caption as follows: RESOLUTION NO. R84-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO SUPPORT THE PLACEMENT OF AN ADEQUATE DRAINAGE STRUCTURE ACROSS FM 518 AT MARY'S CREEK BYPASS Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and Councilman Bost Voting "No": None Motion passed 4 to 0. It was noted that Councilman Frauenberger would present this Resolution to the Highway Commission at a meeting in Austin on August 30, 1984. City Manager Ron Wicker would also be in attendance at this meeting along with representatives of the other govern- mental agencies mentioned in the Resolution. REVIEW AND POSSIBLE AWARD OF BID NO. B84-15, ONE NEW TWENTY CUBIC YARD REFUSE BODY The following bids reviewed by the City Council: VENDOR Environmental Sales & Service, Inc. Industrial Disposal Supply Co. Texas Municipal Truck Equipment, Inc. Texas Municipal Truck Equipment, Inc Basic Waste Systems, Inc. MAKE PRICE DELIVERY DATE Leach Sanicruiser $19,300 14 days E -Z Pack $19,899 30 days Pak -Mor Model 100 $16,900 20-30 days Pak -Mor Model 200 $17,700 20-30 days Heil 4000 $16,958 2 weeks Assistant City Manager Gary Jackson reviewed the history of this item, explaining that back in January the City took bids on refurbishing of a packer body and subsequently awarded the bid to Basic Waste Systems, Inc. After that time we experienced many prob- lems keeping our garbage trucks running and had to cannibalize the packer body that was to be rebuilt, which in turn totally altered all the bids received. Therefore, ._t upon receipt of a cab and chassis, it was recommended by Staff that the Council reject that bid and go out for bids again. Mr. Jackson said he believed even the manager of Basic Waste stated there was no possible way to live up to their bid since it was based on everything being there to refurbish and now it is not. This time on Bid B84-15 we are requesting bids on a new packer body. Mr. Jackson stated that he recommends the award of this bid to the low bidder, Texas Municipal Truck Equipment, Inc. It was moved by Councilman Bost, seconded by Councilman Frauenberger that Bid No. B84- 15 for one new twenty cubic yard refuse body be awarded to the low bidder, Texas 221 Municipal Truck Equipment, Inc. in the amount of $16,900 for a Pak -Mor Model 100 and payment made out of the appropriate funds. Motion passed 4 to 0. REVIEW AND POSSIBLE AWARD OF BID NO. B84-16, 1984 STREET MAINTENANCE PROGRAM The following bids were reviewed by the City Council: BASE BID ALTERNATIVE BID COMPANY 2 -COURSE PENETRATION 1111 -INCH HOT MIX Ike Hall, Inc. $78,812.02 $102,465.31 Brown & Root, Inc. $92,283.90 $124,415.65 Bill Thomasset, Public Works Director stated he is recommending the award of bid to the low bidder, Ike Hall, Inc. on the Base Bid. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-16, 1984 Street Maintenance Program be awarded to Ike Hall, Inc. in the amount of $78,812.02 and that payment be made out of Street Maintenance Funds. Motion passed 4 to 0. REVIEW AND POSSIBLE AWARD OF BID NO. B84-17, CITY SERVICE CENTER PARKING LOT The following bids were reviewed by the City Council: COMPANY PRICE Ike Hall, Inc. $ 9,129.54 Haddock Construction $12,614.70 It was moved by Councilman Mack, seconded by Councilman Frauenberger that Bid No. B84- 17, City Service Center Parking Lot be awarded to Ike Hall, Inc. in the amount of $9,129.54, and payment be made out of the appropriate funds. Motion passed 4 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 funds: (a) Invoice No. 196, Snowden Engineering in the amount of $1,307.75 for Engineering Services on Liberty Dr. and Galveston Street Paving Projects. (b) Invoices from Thigpenn Engineering, one in the amount of $5,000.00 and one in the amount of $2,400.00 for Professional Services on Development of Master Water Plan. (c) Invoice No. 523, Wayne Smith & Associates, Inc. in the amount of $4,041.81 for Engineering Services on Drainage Work at FM 518 and Barry Rose Road. (d) Invoice from Ramex Construction Company, Inc., Estimate No. 3, in the amount of $146,965.00 for improvements to Liberty Dr. and South Galveston Street. Motion passed 4 to 0. 2'22 RATIFICATION OF APPOINTMENT OF MRS. DORIS DITTA TO BOARD OF DIRECTORS OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 City Manager Ron Wicker stated that it is customary that the Council either ratify or appoint someone from the Pearland area to serve on the initial board of the MUD districts. He said Mrs. Ditta does not live inside Pearland City Limits, but has, since 1970, lived in the proximity of our City Limits. She has been appointed by the Brazoria County Municipal Utility District No. 7 and at this point they are asking that their appointment be ratified. It was moved by Councilman Mack, seconded by Councilman Bost that the ratification of appointment of Mrs. Doris Ditta to the Board of Directors of Brazoria County Municipal Utility District No. 7 be approved. Motion passed 3 to 0. Councilman Lentz out of the Chambers at the time. AUTHORIZATION TO MAKE EMERGENCY SEWER REPAIRS ON GREEN TEE DRIVE City Manager Ron Wicker called attention to a memo, in the Agenda Packet, from Bill Thomasset, Public Works Director, to him addressing the need to make emergency repairs on a sewer line in the 2300 - 2400 block of Green Tee Drive that has been a problem for several years. He said that in the past we have spent several thousands of dollars trying to correct this problem. During certain times the pipe will dislocate and sink into quicksand. Recently we hired a company to televise the line to determine the problems and in doing so their camera was lodged where the pipe had separated. The work involves digging up the line, retrieving the camera, making the repairs and putting in a manhole. We have asked for bid proposals for this emergency construction and we are recommending that we be authorized to proceed with the repairs as soon as possible. We estimate the cost to be $6,900 and it be paid for out of the Sewer Bond Funds. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the City Manager be authorized to make the necessary emergency repairs on the Green Tee Drive sewer line in the approximate amount of $7,000 and be paid for out of the appropriate sewer funds. Motion passed 4 to 0. OTHER BUSINESS: None ADJOURN: Meeting adjourned at 8:45 P.M. Minutes approved as submitted and/or corrected this the A0 day o A.D., 1984. ATTEST: City Secretar Mayor