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1981-12-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLANDj TEXAS, HELD ON DECEMBER 14, 1981,,,AT Z: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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Al Lentz Carlton McComb Harry Farley Charles R. Mack Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man McComb. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on November 23, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Mr. George Hastings, Member of the Brazoria County Appraisal Board; Mrs. Ruby Sanders, President of the Pearland YMCA; and Mr. Ray Blaylock, Civil Defense Disaster Chairman. COUNCIL ACTIVITY REPORTS: Councilman Gray requested the newspapers to convey a message to the people regarding the apprehension of possible burglary suspects. He suggested that when the police are called the citizens should stay inside and turn on all outside lights. They should not go out into the yard armed. This would help the police identify a possible suspect. Councilman Mack reported that the Committee working on the Zoning Ordinance was nearly ready for a workshop with the City Council to go over the various changes. CITIZENS: M. O. Knapp of Actions, Inc. - Mr. Knapp appeared before the City Council with a re- quest for funds for the site director for senior citizens for 1982; to discuss possible need for van driver for 1982; and to discuss possibilities of a location for the senior citizens to meet until a permanent location can be provided. Mr. Knapp advised that he was asking for $3,000 for the site director and $3,000 for the van driver. The building he has in mind for use by the senior citizens was a portion of the Circle K building; however, he felt that a better rent price could be negotiated than the amount quoted by the owner. Mr. George Hastings advised that he has been talking to Mr. Alexander about the back portion of the Regency House; however, he has not been able to get anything worked out at this time. He advised that he would be in touch with Mr. Alexander again and would advise the Council. W"' CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY M. 0. KNAPP OF ACTIONS FOR FUNDS FOR SITE DIRECTOR FOR 1982; DISCUSS POSSIBLE NEED FOR VAN DRIVER FOR 1982; AND DISCUSS POSSIBLE LOCATION FOR SENIOR CITIZENS TO MEET UNTIL PERMANENT LOCATION CAN BE PROVIDED: Mayor Reid appointed a Committee consisting of Councilman McComb and Councilman Farley to come back to the City Council with a report at the next meeting regarding the money needed for the van driver and site director. CITIZENS (Continued): Captain Jimmie W. Hester - Capt. Hester asked that his Company C be permitted to come into Independence Park on the weekend of February 21, and 22nd, 1982 to conduct a mass casualty exercise not only with the community of Pearland, but Alvin, Friendswood, and Manvel as well. He advised that he has received verbal approval from these cities that they will participate with us. He advised that they have approximately 70 to 80 people who will be moved in for this exercise. He advised that the Army Historical Society will also be present and will display some artifacts. He requested that an answer be given him within ten days as to whether or not his Company could use Inde- pendence Park for this exercise, and that anyone of the volunteer groups, planning to participate such as the Emergency Medical Services, the Fire Department, or the City employees, do so as a City liability. NEW BUSINESS (Continued): REQUEST BY JIMMIE W. HESTER, CAPTAIN OF ARMY NATIONAL GUARD, FOR USE OF INDEPENDENCE PARK TO CONDUCT MASS CASUALTY EXERCISE: Barry Smink, Parks Director, advised that the Park Board recommended that the City Council grant this request. It was moved by Councilman Gray, seconded by Councilman McComb that permission be granted to Captain Hester and the U. S. Army to use Independence Park on the weekend of February 21, and 22nd, 1982, and the City forces be permitted to participate contingent upon the insurance problems being worked out. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: DEPARTMENTAL REPORTS: This item moved to a later time in the meeting. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: COUNCIL ACTION ON APPLICATION NO. 99, DAVID S. MILLER, AGENT FOR MARTHA ALEXANDER CROUCH: It was moved by Councilman Lentz, seconded by Councilman McComb that Council action on Application No. 99 be removed from the table and considered by the Council. Motion passed 5 to 0. Mayor Reid read into the records the following correspondence from David Miller, Agent, and Martha Alexander Crouch: 1) 1 6r December 10, 1981 The Honorable Mayor and City Council City of Pearland, Texas Gentlemen: We would appreciate your consideration andapproval of the following amended land use to our previous Application (Number 99) which was heard by you on your last regular meeting on November 23, 1981. We are amending the original application by making the land use more restrictive: decreasing the amount of Multi -Family from 13.1460 acres to 8.9164 acres, with the resultant land going to road Right -of -Way and to General Residential use; reducing the total acreage of land to be zoned by extracting the road Right -of -Way for the extension of Westminister Road (1.9625 acres) and an additional 30 ft Right -of -Way for Whitehead Road (2.7325 acres); and at the same time maintaining the character- istics of recently re -zoned property adjacent to this tract. In this amendment to Application 99, we are proposing the following changes: From Application 99 To Amended Application 99 10.4893 acres General Business 9.2314 acres General Business 13.1460 acres Multi Family 8.9164 acres Multi Family 5.9455 acres General Residential 8.4374 acres General Residential 85.0629 acres Single Family R-2 83.3635 acres Single Family R-2 6.4884 acres General Business 6.4884 acres General Business (no change) 5.2773 acres Office & Professional 5.2773 acres Office & Professional (no change) 2.7325 acres R.O.W. for Whitehead Road 1.9625 acres R.O.W. for Westminister Road If the amended application is approved, we are in a position to deed to the City of T Pearland the Rights -of -Way to the Whitehead and Westminister Roads. The attached drawing and metes and bounds descriptions of the various parcels of prop- erty described above will serve to illustrate our proposal. We request that the Council approve the amended application at its next regular meeting to be held on December 14, 1981. Sincerely, /s/ Martha Alexander Crouch /s/ David S. Miller Martha Alexander Crouch David S. Miller Owner Agent for Owner It was moved by Councilman Farley, seconded by Councilman McComb that the City Attorney be instructed to prepare the necessary Ordinance to make the change in the zoning on Amended Application No. 99, and that the documents for easements of Whitehead Road and the extension of Westminister be approved by the City Attorney before the second reading of the Ordinance. Motion passed 5 to 0. City Attorney Williams advised that he would prepare the necessary easements. RECESSED AT 8:30 P. M. - RECONVENED AT 8:40 P. M. EXECUTIVE SESSION: Mayor Reid called the meeting to order and stated that the Council would go into Executive Session under Section 2, Subsection (g) Personnel. RETURNED TO OPEN SESSION AT 8:50 P. M. UNFINISHED BUSINESS (Continued): ANNEXATION OF AREA WEST OF PRESENT CITY LIMITS: Contract with Pearland 518 Limited for Water & Sewer Service: City Manager Wicker read the following letter into the records: December 10, 1981 Mr. Ronald J. Wicker City Manager City of Pearland 2335 North Texas Avenue Pearland, Texas 77581 Dear Mr. Wicker: As we discussed, enclosed are three signed originals of the Agreement between the City of Pearland and John W. Abbott, Trustee, along with Exhibits "A" (the property legal description) and Exhibits 'B" (sample of the letter of Credit) to be issued by the Allied Bank of Texas once I receive from you: 1. The Certified Copy of Annexation 2. A signed copy.of the Agreement by the Mayor Thank you for your help in this matter. I will check with you tomorrow. Sincerely yours, /s/ John W. Abbott John W. Abbott President JWA/ms cc: Mrs. Sue L. Edelman Assistant Vice President Allied Bank of Texas Joel B. Coolidge Attorney at Law Mr. Wicker stated that a copy of the Agreement, along with attachments, were sent to City Attorney Bobby Williams. Mr. Williams advised that something needed to be added to the Agreement to ensure any overage in the contract would be covered and._that the Letter of Credit would be increased accordingly. The amended contract will be sub- mitted to the City Council for approval prior to the first reading. Review of Field Notes: City Manager Wicker presented the proposed annexation area to the City Council. City Attorney Williams suggested that one of the Hearings be held in the new school building on Harkey Road. It was moved by Councilman Mack, seconded by Councilman Gray that the City Attorney be authorized to prepare necessary Resolution calling the Hearings for the annexation of the property as described in the Field Notes submitted. Motion passed 4 to 0. Councilman,Lentz absent from the meeting at this time. Authorize Planning Department to Prepare Service Plan for Area to be Annexed: It was moved by Councilman Farley, seconded by Councilman McComb that the Planning Department be authorized to prepare a Service Plan for the area to be annexed and that consideration be given for theupgradingof facilities within the City to handle extra flows. Motion passed 4 to 0. Councilman Lentz not present at this time. NEW BUSINESS: (Continued): YMCA SUMMER 1982 AQUATIC PROGRAM PROPOSAL: Park's Director Barry Smink read the following proposal from the YMCA: -_December 4, 1981 Mr. Ron Wicker" City Manager City of Pearland Pearland, Texas 77581 Dear Mr. Wicker: The following:proposal .is submitted for consideration by the Pearland City Council. The YMCA is requesting use of the Independence Park swimming pool for the purpose of conducting swimming instruction for ages.6 months through adult, competitive swimming for ages 6 through 17 and recreational swimming for the par- ticipants of the YMCA Day Camp program. LEADERSHIP The YMCA is responsible for recruiting, training, supervising and paying all instructors and lifeguards employed by the YMCA. Instructor -student ratio will be as follows: water babies 1 to 12; pre-school (ages 4-5) 1 to 6; youth (ages 6-13) 1 to 8; and adult (ages 14-Up)'1 to 10. All instructors must at least have a cur- rent Red Cross Advanced Lifesaving or YMCA Senior Lifesaving certification plus YMCA Aquatic Leaders certification. INSURANCE Insurance statement will be sent to you from Urimark Insurance Company, P. O. Box 35948, Dallas, Texas 75235. Briefly the coverage is as follows: General Liability $500,000 Bodily Injury $100,000 Property Damager Umbrella Liability in excess of $500,000 w/$5 million limit FEES, RECORDS AND PAYMENT The YMCA will pay the City of Pearland: 25� per participant day in progressive swim classes. 25� per participant day in Day Camp. Payment will be made by the 10th of the month for the previous month's usage. Daily attendance records will be kept and available for examination on request. If you have any questions, please feel free to call me at the YMCA (485-6805). Thank you for your consideration. .Sincerely yours, /s/ Patrick S. Murphy Patrick S. Murphy, Extension Director, Pearland YMCA SEE THE FOLLOWING AMENDMENT PARAGRAPH 1 Page 2 of the YMCA proposal for use of the Swimming Pool at Independence Park for the 1982 season should be amended to read as follows: FEE, RECORDS, AND PAYMENT The YMCA will pay the City of Pearland an hourly rate of $10.50 for the progressive Swim Classes and the Day Camp program. Mr. Smink stated that the Parks & Recreation Board recommended that the City Council approve the proposal along with the amendment as noted on the original proposal. It was moved by Councilman Gray, seconded by Councilman McComb that the Summer 1982 YMCA Aquatic Program be approved subject to the initials of the Director on the original copy of the transmittal letter to us. Motion passed 4 to 0. Councilman Lentz not present at this time. FEARLAND-BROOKSIDE EMS AGREEMENT: City Manager Wicker stated that the contract this year was increased to $3,500.00 per year and that this matter has been discussed with Mayor Kenneth Quinn of Brookside Village. Resolution No. R81-37 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Farley that Resolution No. R81-37 be passed and approved on first and only reading. Said Resolution No. R81-37 reads in caption as follows: RESOLUTION NO. R81-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE. Voting "Aye": Councilman Farley, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No": None Motion passed 4 to 0. Councilman Lentz not present at this time. RESOLUTION NO. R81-36, AUTHORIZING AGREEMENT WITH STATE FOR TRAFFIC SIGNAL AT 518 AND SHERWOOD DRIVE: Resolution No. R81-36 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman McComb that Resolution No. R81-36 be passed and approved on first and only reading. Said Resolution No. R81-36 reads in caption as follows: RESOLUTION NO. R81-36 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED DECEMBER 14, 1981, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. b Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 4 to 0. Councilman Lentz not present at this time. REVIEW OF BIDS RECEIVED BID NO. B81-18, PICKUP TRUCKS (5): The following bids were received: VENDOR MAKE PRICE DELIVERY DATE Cliff Jones $ 6,953.29 (each) 1982 Chev. (305) 34,766.45 100 days Bud Brown Ford $ 6,950.61 (each) 1982 Ford F100 34,753.05 45 - 60 days A. C. Collins Ford, Inc. $ 6,727.48 (each) 1982 Ford F100 33,637.40 45 days Gulf Coast Dodge, Inc. $6,823.75 (each) 1982 Dodge D150 341118.75 45 - 90 days South Loop Ford Truck $ 6,952.00 (each) 1982 Ford D100 34,760.00 45 - 70 days Dan Boone Chevrolet $ 7,335.00 (each) 1982 Chev. 36,675.00 5 - 8 weeks Purchasing Agent Gary Jackson recommended that the City Council accept the low bid of A. C. Collins Ford in the amount of $33,637.40 for five pickup trucks. It was moved by Councilman McComb, seconded by Councilman Mack that Bid No. B81-18 be awarded to A. C. Collins Ford, Inc. in the amount of $33,637.40 for five pickup trucks as the lowest and best bidder, and that the bid of Bob Pagan Ford be returned to that company unopened as a late bid. Motion passed 4 to 0. Councilman Lentz not present at this time. ORDINANCE NO. 436, AN ORDINANCE UPDATING TEXAS MUNICIPAL LEAGUE RETIREMENT PLAN: Ordinance No. 436 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No. 436 be passed and approved on first of two readings. Said Ordinance No. 436 reads in caption as follows: ORDINANCE N0: 436 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UP- DATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF PEARLAND, AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye": Councilman Farley, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No": None Motion passed 4 to 0. Councilman Lentz absent at this time,. RECOMMENDATION TO BRAZORIA COUNTY MUD NO, 2 FOR REPLACEMENT OF DIRECTOR: It was moved by Councilman McComb, seconded by Councilman Mack that former Mayor George Carter of Brookside Village be recommended as a Director of MUD No. 2 to replace Cecil Griffin. Motion passed 4 to 0. Councilman Lentz absent at this time. DEPARTMENTAL REPORTS: City Manager Wicker read into the records a letter from the Texas Department of Water Resources regarding Section 26.177 of the Texas Water Code, Municipal Water Pollution Control and Abatement Program. City Manager Wicker requested the Mayor to appoint a Committee to work with City Engineer Dick Qualtrough in trying to get an Ordinance as soon as possible before the City Council. Mayor Reid appointed Councilman Lentz as Chairman and Councilman Farley to serve as a member. OTHER BUSINESS: EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (f) EXCHANGE, LEASE OR VALUE OF REAL PROPERTY AND SECTION II, SUBSECTION (g) PERSONNEL, AT 9:45 P. M. RETURNED TO OPEN SESSION AT 10:30 P.M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned 10:30 P. M. Minutes approved as submitted and/or corrected this the..,;�2 day of._DCarr. A. D., 1981. Mayor ATTEST: -7;e' d3t�) ity Secretary