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1985-01-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 14, 1985, 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 Tom Reid Councilman Charles R. Mack Councilman Terry Gray Councilman James E. Bost Councilman Al Lentz City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the meeting: Councilman Dennis Frauenberger. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by City Secretary Kay Krouse. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of a Regular Meeting held on December 17, 1984, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced the new City Attorney, Luke Daniel, to the audience. Mayor Reid presented a Proclamation to the Bach Rehabilitation Center honoring their work with the handicapped of Brazoria County and proclaiming the week of January 13 through January 20 as Bach Week in Pearland. Linda Kensworthy and Tom Handlin accepted the Proclamation in behalf of the Center. COUNCIL ACTIVITY REPORTS: Councilman Bost reported that he had attended the Texas Water Commission Hearing last Wednesday on our Garden Road Sewer Plant Permit. DEPARTMENTAL REPORTS: City Manager Wicker further reported on the Texas Water Commission Hearing on our Garden Road Sewer Plant stating that the Commission was very concerned about our projects that are underway on redoing our existing sewage treatment plants to come into effluent require- ments; however, he felt that we would get approval of this Permit. City Manager Wicker also reported that on December 28, last year, the City had closed on the approximately 46 -acre park located north of Mary's Creek between Pearland Sites and McLean Road. This will be the second park of this size and a very nice facility for the Pearland citizens to utilize and enjoy. r�.W Liw IN Fr None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS: PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1984, BY EARL LAIRSON & COMPANY CERTIFIED PUBLIC ACCOUNTANTS: Mr. Earl Lairson of Earl Lairson & Company presented the Audit of the City for the period ending September 30, 1984. It was moved by Councilman Bost, seconded by Councilman Mack that this Audit be officially received into the records of the City. Motion passed 4 to 0. ORDINANCE NO. 246-102, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 139, THOMAS OFFENBURGER, AGENT FOR METRO FINANCIAL CORP. OWNER: Ordinance N. 246-102 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 246-102 be passed and approved on first of two readings. Said Ordinance No. 246-102 reads in caption as follows: ORDINANCE NO. 246-102 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 Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 246-103, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 140, BEAU BAY DEVELOPMENT CORP., AGENT FOR FIRST CITY NATIONAL BANK, TRUSTEE FOR ADELE S. MICHAEL TRUST: Ordinance No. 246-103 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-103 be passed and approved on first of two readings. Said Ordinance No. 246-103 reads in caption as follows: ORDINANCE NO. 246-103 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. I Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Bost, and Councilman Gray. Voting "No": None Motion passed 4 to 0. CALL OF PUBLIC HEARING ON REQUEST BY STORER CABLE TV FOR RATE INCREASE: It was moved by Councilman Mack, seconded by Councilman Bost to call a Public Hearing, under Docketed Public Hearings on the regular agenda of January 28, 1985, on the request by Storer Cable TV for a rate increase. WE Motion passed 3 to 1. Councilman Lentz opposing. AUTHORIZATION FOR MAYOR TO EXECUTE GRANT FOR EASEMENTS TO HOUSTON LIGHTING & POWER COMPANY FOR RELOCATING DOWNGUY AT 3201 WHEATRIDGE (SEWAGE TREATMENT PLANT): City Manager Wicker adivsed that, in an effort to clean up our electrical service locations at the Twin Creek Woods Sewage Treatment Plant, we have had to have some lines moved and one of those lines requires that a guywire be placed on City property. We need this easement documents executed so that the guywire is in a permanent easement. It was moved by Councilman Gray, seconded by Councilman Lentz to authorize the Mayor to execute the necessary easement agreements. Motion passed 3 to 0. Councilman Mack absent from the Chambers at this time. REVIEW AND POSSIBLE AWARD OF BIDS: Bid No. B84-23, Cleaning, Televising and Lining of Green Tee Sanitary Sewer Line: The following bids reviewed by the Council: BASE BID ADDITIONAL WORK IF TOTAL SECTIONS COMPANY SECTION A REQUIRED -SECTION B A & B BID BOND Naylor Municipal Services $22,790.40 $36,000.00 $58,790.40 5% Public Works Director Thomasset advised that this project should solve the problems we have been having for so long with the sanitary sewer line in Green Tee. He stated that we received only one bid because of the specification that the flow had to be at least - 95% of the flow in the existing line; because of the development of Section III to the North, we felt we could not permit a restriction in the flow in that line. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-23, Cleaning, Televising and Lining of Green Tee Sanitary Sewer Line, be awarded to Naylor Municipal Services in the amount of $58,790.40, and that the Mayor be authorized to sign the contract. Motion passed 4 to 0. Bid No. B84-25, Materials for Hatfield Water Line Extension: The following bids reviewed by the Council: VENDOR TOTAL BID TERMS DELIVERY TIME Utility Supply $ 91,038.55 Net 30 Stock to 7 Days The Rohan Company $ 93,009.50 2% -10th N-30 7 - 10 Days Municipal Pipe & Fabricating Co. $114,725.26** Net 30 Days As Required **Deduct 20% if awarded all items It was moved by Councilman Lentz, seconded by Councilman Mack that Bid No. B84-25, Materials for Hatfield Water Line Extension, be awarded to Utility Supply in the amount of $91,038.55, and that the Mayor be authorized to sign the contract. Motion passed 4 to 0. 291 APPOINTMENT OF CHARTER REVIEW COMMISSION: This item passed to a future agenda. RESOLUTION NO. R85-1, A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT DATABASE DEVELOPMENT AND IMPLEMENTATION GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DIVISION Resolution No. R85-1 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Gray that Resolution No. R85-1 be passed and approved on the first and only reading. Said Resolution No. R85-1 reads in caption as follows: RESOLUTION NO. R85-1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER TO SUBMIT DATABASE DEVELOPMENT AND IMPLEMENTATION GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DIVISION. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R85-2, A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT CRIME PRE- VENTION/JUVENILE LAW ENFORCEMENT OFFICER GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DIVISION: Resolution No. R85-2 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost that Resolution No. R85-2 be passed and approved on first and only reading. Said Resolution No. R85-2 reads in caption as follows: RESOLUTION NO. R85-2 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER TO SUBMIT CRIME PREVENTION/JUVENILE LAW ENFORCEMENT OFFICER GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DIVISION. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Bost, and Councilman Gray. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R85-3, A RESOLUTION SUPPORTING THE CONTINUANCE OF STATE EMERGENCY MEDICAL SERVICE ADVISORY COMMITTEE: City Manager Wicker advised that in 1983 the Governor appointed a committee known as the State Emergency Medical Service Advisory Council comprised of approximately 18 members, one of whom is Frankie Smith with the Pearland EMS. In an effort to cut back on spend- ing, the Governor is considering abolishing this volunteer committee, which cost approximately $3,800.00 a year. City Manager Wicker stated that he and the Pearland EMS all feel strongly that this is a very important Committee and would like Council's consideration in supporting the continuance of this Committee. Resolution No. R85-3 read in full by City Attorney Luke Daniel. It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No. R85-3 be passed and approved on first and only reading. Said Resolution No. R85-3 reads in caption as follows: ►�li�ltl RESOLUTION NO. R85-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CONTINUANCE OF THE TEXAS EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (TEMSAC). Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 4 to 0. APPROVAL OF INVOICES FROM THE TEXAS DEPARTMENT OF WATER RESOURCES FOR WASTEWATER TREAT- MENT FACILITY INSPECTION FEE FOR 1985 FOR FOLLOWING PLANTS: a) Barry Rose Plant No. 2 in the amount of $1600.00; b) Longwood Plant No. 3 in the amount of $1200.00; c) Twin Creek Plant No. 4 in the amount of $700.00. City Manager Wicker advised that our sewer plants will now be inspected more frequently and we will be charged for it, and would recommend approval of payment of these inspection fees. It was moved by Councilman Lentz, seconded by Councilman Bost that Invoice of Texas Department of Water Resources for Barry Rose Plant No. 2 in the amount of $1600.00, and the Invoice of Texas Department of Water Resources for Longwood Plant No. 3 in the amount of $1200.00, and that the Invoice from the Texas Department of Water Resources for the Twin Creek Plant No. 4 in the amount of $700.00 be approved and payment be made from the appropriate funds. Motion passed 3 to 1. Councilman Gray opposing. CALL OF SPECIAL MEETING FOR JANUARY 21, 1985, TO REVIEW PRESENTATIONS MADE BY ARCHI- TECTURAL FIRMS FOR SERVICES IN CONNECTION WITH THE PUBLIC SAFETY FACILITY City Manager Wicker advised that on Tuesday, January 8, 1985, Councilman Frauenberger, Assistant City Manager Gary Jackson, Chief of Police Glenn Stanford, and he had met and previously interviewed five firms as possible architects for the Public Safety Facility. They have narrowed the list down to three firms and would like a Special Meeting called for January 21, 1985, so that Council can hear their presentations. It was moved by Councilman Mack, seconded by Councilman Bost that a Special Meeting be called for January 21, 1985 at 7:00 P.M. to hear presentations by three architectural firms for the Public Safety Facility. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS OTHER BUSINESS: 1. MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2, SUBSECTION (e) LEGAL - Contemplated and pending litigation; SUBSECTION (g) PERSONNEL AT 8:40 P. M. 2. MEETING RECONVENED TO OPEN SESSION AT 9:47 P. M. NEW BUSINESS (Continued): AUTHORIZATION FOR CITY TO CONTRACT FOR SPECIAL LEGAL COUNSEL ON ALL MATTERS RELATED TO SEWAGE TREATMENT PLANT PERMITS: 0 It was moved by Councilman Gray, seconded by Councilman Bost that the City Manager and City Attorney be authorized to proceed with obtaining special legal counsel on all matters related to sewage treatment plant permits, and return to Council with their selection for Council concurrence. Motion passed 4 to 0. ADJOURN: Meeting adjourned at 9:50 P. M. Minutes approved as submitted and/or corrected this the p'49060' day of A. D. 1985. Mayor Attest: City Se etary