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1984-10-22 CITY COUNCIL REGULAR MEETING MINUTES247 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 1984, AT 7e30 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 City Manager City Secretary Tom Reid Dennis Frauenberger Al Lentz Charles Mack James Bost Terry Gray Ronald J. Wicker 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 Colonel Verrengia. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on October 8, 1984 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Colonel A. A. Verrengia, representing MAC HGAC, appeared before the City Council to present Mayor Reid with the Nathan Hale Award given by the Department of Texas, Reserve Officers Association. Colonel Verrengia stated that Mayor Reid served as a sponsor within the Houston Galveston Area Council when the Military Affairs Committee was formed in 1983. The purpose of the Committee was to provide coordination and cooperation between the 126 military service organizations here in the Houston Galveston Area. Colonel Verrengia stated that only 10 such awards have been given since World War I. Toby Lytle, Chairman of the School District's Bond Committee and Preston Bullard, Superintendent of the Schools appeared before the City Council promoting the School District's $39,000,000 Bond Issue to be held on November 10, 1984. Mayor Reid read a Proclamation proclaiming Halloween, October 31, 1984 as Greet and Treat Day in Pearland. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that October 11, 1984 the committee in our community relative to the North Brazoria County Water Authority met and talked about numerous items relative to this Authority. It was the consensus of opinion that this should be a tax- free organization and one that is basically revenue generating to satisfy any bonds. Another meeting is scheduled in the first week of November. Proposed enabling legis- lation is being sent to the cities for review and it is hoped that something can be ready to present to the legislature when they meet in January, 1985. DEPARTMENTAL REPORTS: City Manager Wicker reported that in the last week and one half we have had severe structural problems on a bridge located on McLean Road at Mary's Creek. Lloyd Yost M of the Drainage District accompanied City Manager Wicker on a field trip to inspect this bridge and found that several of the stringers were broken. The City immediately ordered the material for a new bridge and the Drainage District provided the labor. The construction of the bridge was completed in three days, however, the road is still under construction and with the weather we are having it is in very marginal condition. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: APPROVAL OF OFFICIAL NOTICE OF SALE OF $5,000,000 PUBLIC IMPROVEMENT BONDS, SERIES, 1984, AND PRELIMINARY OFFICIAL STATEMENT: Mr. Frank Ildebrando of Underwood Neuhaus Company appeared before the City Council asking that the Council approve the Official Notice of Sale and the Preliminary Official Statement prepared by his firm. These will be mailed to some three hundred prospective bidders later on in the week. It was moved by Councilman Bost, seconded by Councilman Mack that the City Council approve the Official Notice of Sale of $5,000,000 Public Improvement Bonds, Series, 1984, and the Preliminary Official Statement be approved as corrected. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE: JAMES T. ROBINSON, AGENT FOR LEON J. SETTEGAST AND MARY K. HADDOCK, OWNERS - PLANNED UNIT TO GENERAL BUSINESS (GB) ON 5.7260 ACRES OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198 AND PU TO R-2 ON 16.7433 ACRES OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198. (AMENDED BY LETTER SEPTEMBER 25, 1984) PERSONS WISHING TO SPEAK FOR THE PROPOSED AMENDMENT: 1. Thomas K. Rensing, Houston, Texas - representing the Agent, James T. Robinson at the Hearing. Mr. Rensing presented a map of the property showing the division of the property for zoning purposes. 2. Robert Petty - 2908 Stratford - Advised that he had attended the Planning and Zoning Hearing and now recommended that it be approved with one proviso, that being that the corner would be cut off there at the General Business section so as to support putting a cul-de-sac on the present extension of Stratford. 3. Rick Kenston, 2904 Stratford. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED AMENDMENT: None RECOMMENDATION FROM THE PLANNING & ZONING COMMISSION: Mayor Reid read the following letter dated September 19, 1984 into the records: September 19, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on September 18, 1984, the Planning and Zoning Commission held a public hearing on Application No. 135, James T. Robinson, Agent for Leon J. Settegast and Mary K. Haddock, Owners, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (P/U) to General Business on approximately 5.89 acre tract and Planned Unit (P/U) to R-2 Single Family Dwelling District on an approximately 16.5794 acre tract. The applicants agreed to amend their application to satisfy the citizens present who own property along Stratford south of the church property. The application was amended to include in the R-2 tract and remove from the GB tract, a triangular piece of land starting at the southwest corner of the requested GB area, proceeding north along the west boundary 100', then bearing southeast to a point on the south line of the proposed GB area 150' east of the beginning corner. The Planning and Zoning Commission acted on the amended application. Clyde Starns made the motion, seconded by Hardie Barr that the Planning and Zoning Commission recommend to the City Council that Appli- cation No. 135, as amended at the hearing, be approved. Motion passed 5-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Yours truly, /S/ Richard Tetens Richard Tetens, Chairman Planning and Zoning Commission RT/vc QUESTION AND ANSWER PERIOD: City Manager Wicker stated that he understood the concern of the people as well as the concern reflected in the letter from the Planning & Zoning Commission concerning the alteration of the Application to accommodate a cul-de-sac dead-end for Stratford, however, he felt that Pearland needed very badly to establish a series of streets throughout the community that do not totally rely on Highway 518 as an East-West arterial street and Highway 35 as an arterial street. He stated that it was anticipated v: that Stratford Street would go through since it was stubbed out when the subdivision was constructed. The plan was to have it eventually go over to Shadybend Drive. He advised that the laying out of streets is normally something that is done in the platting process. He recommended that the City Council come up with some guideline policies that could be related back to the Planning and Zoning Commission so they would know what to do with respect to placement of collector or other type arterial streets. Councilman Lentz requested the length of Stratford from Westminister to the dead-end. He was advised that it was approximately 500 ft. He stated that it would not meet the criteria of the Subdivision Ordinance, however, this would be a matter of the platting and not the zoning. Councilman Mack stated that this was a zoning hearing and the platting process should not enter into it in anyway. ADJOURN: The Hearing adjourned at 8:45 P. M. MAYOR REID RECESSED THE MEETING AT 8:45 P. M. THE MEETING RECONVENED AT 8:55 P. M. NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 135, JAMES T. ROBINSON, AGENT FOR LEON J. SETTEGAST AND MARY K. HADDOCK, OWNERS: It was moved by Councilman Gray, seconded by Councilman Lentz that the City Attorney be instructed to prepare the necessary zone change ordinance for consideration by the City Council on Application No. 135, as originally submitted, James T. Robinson, Agent for Leon J. Settegast and Mary K. Haddock, Owners. Motion passed 5 to 0. 250 COMPLETE TAPE OF HEARING ON APPLICATION NO. 135 ON FILE IN OFFICE OF CITY SECRETARY ALONG WITH COMMENTS MADE AT THIS TIME. UNFINISHED BUSINESS: O E -9 O OF H TY OF PEARLAN AMENDING OR INANCE NO. 6 lu RDINANCE, PLICATI N N0. BOB CAMPBELL, AGENT FOR H. D. JOHNST03 OWNER: Ordinance No. 246-98 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-98 be passed and approved on second and final reading. Said Ordinance No. 246-98 reads in caption as follows: ORDINANCE NO. 246-98 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 Gray, Councilman Bost, Councilman Frauenberger, Council- man Mack and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS:- (Continued) CHANGE IN FIRST REGULAR MEETING DATE IN NOVEMBER DUE TO VETERAN'S DAY HOLIDAY: It was moved by Councilman Gray, seconded by Councilman Bost that the first regular meeting in November be held on November 13, 1984, due to Veteran's Day Holiday. Motion passed 5 to 0. FINAL ACCEPTANCE OF ALEXANDER LANDING SECTION IV: City Manager Wicker advised the City Council that there are a couple of items that have not been completed on this subdivision such as testing the sewer lines or the elevations shot on the inverts in the manholes; however, basically everything else has been completed. He recommended that the Council approve this subdivision with the understanding that the Staff will not issue any permits in that subdivision until after the invert elevations have been prepared and the final test has been made on the sewer line and any other odds and ends that we have determined needs to be done as far as clean-up work is concerned. It was moved by Councilman Bost, seconded by Councilman Mack that final acceptance be given to Alexander Landing, Section IV, subject to the testing of the sewer lines and the elevations shot on the inverts in the manholes and any other odds and ends that the Staff determines needs to be done. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON REQUEST BY ENTEX, INC. FOR RATE INCREASE: It was moved by Councilman Lentz, seconded by Councilman Bost that a Public Hearing be called on November 13, 1984, under Docketed Public Hearings of the regular agenda by Entex, Inc. for a rate increase. Motion passed 5 to 0. 1 251 RESOLUTION NO. R84--27, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A USER FEE STUDY CONTRACT WITH DAVID GRIFFITH AND ASSOCIATES: Resolution No. R84-27 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Bost that Resolution No. R84-27 be passed and approved on first and only reading. Said Resolution No. R84-27 reads in caption as follows: RESOLUTION NO. R84-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A USER FEE STUDY CONTRACT BETWEEN THE CITY OF PEARLAND AND DAVID M. GRIFFITH AND ASSO- CIATES, LTD. Voting "Aye" - Councilman Lentz, Councilman Frauenberger, Councilman Mack, Councilman Gray and Councilman Bost. Voting "No" - None Motion passed 5 to 0. REVIEW OF BIDS RECEIVED BID NO. B84-21, POINT REPAIR OF 12" SANITARY SEWER LINE IN GREEN TEE SUBDIVISION: The following bids reviewed by the City Council: VENDOR ITEM NO. 1 ITEM NO. 2 TOTAL DAYS BID SURETY MISCHER PAVING & UTILITY CO. $18,500 $19,000 $37,500 15 days 5% BID BOND HIGHLAND BEN FELTS UTILITY CONTRACT- ING, INC. $34,318 $ 3,680 $37,998 15 days 5% BID BOND RELIANCE INS. CO. Director of Public Works Bill Thomasset recommended that the project be awarded to Mischer Paving in the amount of $37,500 as the lowest and best bid. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-21 be awarded, as recommended by the Staff, to Mishcer Paving in the amount of $37,500 and that the Mayor be authorized to sign the contract. Motion passed 5 to 0. REMODELING OF OLD LIBRARY BUILDING: City Manager Wicker advised the City Council that his proposal would be to renovate, not add anything, to the Old Library Building for the Senior Citizens. Mr. Wicker stated that if we planned to use the building for any purpose it would have to be renovated. He estimated the cost of a new roof, new heating and air conditioning unit and renovation of the interior to be $30,000. City Manager Wicker stated that this building could be utilized for other purposes in addition to use by the Senior Citizens. It was moved by Councilman Bost, seconded by Councilman Mack that the City Council approve the remodeling of the Old Library Building as recommended by the Staff and the budget be amended by approximately $30,000. Motion passed 5 to 0. 252 APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment subject to Ramex Construction Company, Inc. furnishing all necessary papers: (a) Invoice No. 4002, Langford Engineering, Inc. for Study and Report for Up -Grading Three (3) Existing Wastewater Treatment Plants and Study and Report for Channel Improvements to Clear Creek to Maintain Zero Increase Due to W.W.T.P. Expansion, in the amount of $16,897.73. (b) Statement No. 560, Wayne Smith & Associates, Inc. for Redesign FM 518 Drainage Crossing, in the amount of $2,122.82. (c) Estimate No. 5 & Final, Ramex Construction Co. Inc. for Improvements to Liberty Drive and South Galveston Street in the Amount of $47,784.90. (d) Invoice No. 8416, Ike Hall for 1984 Street Maintenance Program, in the Amount of $54,370.83. (e) Invoice No. 8417, Ike Hall for City Service Center Parking Lot, in the Amount of $7,957.71. (f) Invoice from Snowden Engineering for Liberty Drive & Galveston Ave. In the Amount of $2,353.95. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Gray, seconded by Councilman Bost that Councilman Mack's absence from the regular meeting held on October 9, 1984 be shown as excused absence. Motion passed.4 to 0. Councilman Mack abstained. MEETING RECESSED TO EXECUTIVE SESSION AT 9:40 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ``- ARTICLE 6252-17, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:30 P.M. ADJOURN: Meeting adjourned at 10:30 P. M. Minutes approved as submitted and/or corrected this the j.3 day of A. D., 1984. ATTEST: City Secretaryer Mayor