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1982-03-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 22, 1982, AT 7:30 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 City Manager City Attorney City Secretary Tom Reid Al Lentz Harry Farley Terry Gray Charles R. Mack Ronald J. Wicker Bobby J. Williams Dorothy L. Cook Absent from the meeting: Councilman Carlton McComb INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman. Mack that the minutes of the regular meeting held on March 8, 1982 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read a letter dated March 8, 1982 from Alan Henry, President of the TML, regarding the constitutionality of the one cent municipal sales tax in the case of U. S. Steel vs. Bullock. Mr. Henry advised that the case has been finally resolved in the cities' favor, and that more than half of the contributions made by the cities to defend this suit was not used and would be returned to the cities. Mayor Reid expressed concern regarding our landfill operation. He stated that in the last several months he has received some three letters from the State indicating various types of non-compliance of landfill regulations at our site. Mayor Reid asked the City Manager to provide an estimate of the cost of the City assuming the full responsibility of the landfill. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that the Committee would like the Industrial Waste Ordinance placed on the next regular agenda. Councilman Mack reported that a joint workshop meeting with the Planning & Zoning Com- mission is scheduled for next Monday night. This is a continued workshop on the Land Use Ordinance revisions. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that, in an effort to help in the beautification of Pearland, we have two projects now going. One, we are paying a volunteer fireman to paint the fire hydrants. The fire hydrants are being color -coded to enable the Fire Department to determine the capacity of the hydrant. Also, the street sweeper is being used on Highway 518 and Highway 35 to clean up the mud and debris along these roads in the area of the Old Townsite. CITIZENS: None DOCKETED PUBLIC HEARINGS: Mayor Reid stated that if there were no objections, he would move this item until a later time in the meeting so that the bids scheduled under Item 1 of New Business could v be reviewed. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REVIEW AND POSSIBLE AWARD OF BIDS: (a) Fire Truck - Bid No. B82-4 The following bids were reviewed by the City Council: VENDOR MAKE Claude Wright & Associates BID BOND (5% Required) 10% VENDOR' Pierce Manufacturing, Inc. BID BOND (5% Required) 5% VENDOR Superior Southwest, Inc. BID BOND (5% Required) 5% American La France PRICE $141,250 DELIVERY DATE 240 Working Days TERMS ANY EXCEPTIONS TO SPECIFICATIONS Cash on Acceptance None MAKE Pierce Arrow TERMS Net on Delivery MAKE Emergency One Sentry IV TERMS Less $2750 for Pay on Delivery. PRICE DELIVERY DATE $126,400 120 Days ANY EXCEPTIONS TO SPECIFICATIONS Yes PRICE $148,256 DELIVERY DATE 158-180 Days ANY EXCEPTIONS TO SPECIFICATIONS Yes City Manager Wicker advised the City Council that Purchasing Agent Gary Jackson has reviewed the bids to determine if the vehicles met specifications and had forwarded this information on to the Fire Department Review Committee. City Manager Wicker stated that he was totally in agreement with the recommendation of the Fire Department Review Committee. Fire Chief Larry Steed stated that the Review Committee recommended Claude Wright & Associates for an American LaFrance Pumper Truck be accepted. This based on the fact that no exceptions were made to the specifications. The maintenance cost of this truck, due to the fact that it is stainless steel, was a factor in selecting the second lowest bid. 0 0 It was moved by Councilman Gray, seconded by Councilman Lentz that Bid No. B82-4 be awarded to Claude Wright & Associates in the amount of $141,250. and in the event the truck is delivered during the current budget year that the budget be amended accordingly. Motion passed 4 to 0. (b) Repairs to Sewer Plants - Bid No. B82-5 Bids reviewed were as follows: VENDOR SEWER PLANT #2 SEWER PLANT #3 TOTAL DAYS FOR COMPLETION Anderson Plastico Co. $30,420.00 $14,685.00 $45,105.00 60 Days It was moved by Councilman Lentz, seconded by Councilman Farley that Bid No. B82-5 be awarded to Anderson Plastico Company in the amount of $45,105.00 and the money be appropriated from the Sewer Bond Fund. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 104, JOE LOSSEN, AGENT FOR JOHNNY WARFORD, WARFORD INVESTMENTS, INC. OWNER - REQUEST FOR CHANGE IN LAND USE FROM NEIGHBORHOOD SERVICE DISTRICT TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: A one acre tract out of and being a part of the John V. Yost 23.25 acre tract being Tract 2 of the partition of the Christ Yost 120.44 (called 118.8 acre tract) as shown on the partition plat thereof recorded in Volume 6, in Plat Records of Brazoria County, Texas, being in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas. (Property located at Southeast Corner of Hamm Road and Highway 518). PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Joe Lossen stated that if the property was rezoned that he planned to buy this property and build an office building and warehouse on the site. He stated that he wished to move his construction business onto a main thoroughfare. Mr. Lossen presented some sketches of the proposed building. The part of the building fronting on Highway 518 will be used for office space and the rear portion will be used for warehouse storage of building supplies. He plans to build a fence at the sides and back to form a bar- rier from the residential district. David Miller, representing Pearland Properties, spoke to the City Council and requested this property be rezoned Commercial. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None REPORT FROM PLANNING &ZONING COMMISSION: Mayor Reid read the following letter from the Planning & Zoning Commission as follows: February 18, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall, Pearland, Texas 77581 Gentlemen: On the evening of February 16, 1982, the Planning and Zoning Commission held a Public Hearing on App li c ati on No. 104, Joe Lossen, Agent for Johnny Warford, Warford Investments, Inc., Owner, for an amendment to the Land Use and Urban Development Ordi- nance from classification NS (Neighborhood Service District) to Commercial. After discussion by the Commission, Clyde Starns made a motion that the Planning and Zoning Commission recommend to the City Council approval of Application No. 104. Frank Ravet seconded the motion which passed by a vote of 6-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Yours truly, /S/ D. M. Frauenberger Dennis Frauenberger, Vice -Chairman Planning and Zoning Commission DF:kk QUESTION AND ANSWER PERIOD: Mr. Lossen, in answer to an inquiry regarding materials stored in the building, advised that building materials as well as vehicles and a dozier would likely be stored in the warehouse portion of this building. ADJOURN HEARING COMPLETE TAPE ON FILE IN OFFICE OF CITY SECRETARY NEW BUSINESS: (Continued) APPLICATION NO. 104, JOE LOSSEN, AGENT, FOR JOHNNY WARFORD, WARFORD INVESTMENTS, INC.: It was moved by Councilman Gray, seconded by Councilman Mack that the appropriate Ordi- nance be prepared by the City Attorney on Application No. 104 for Council consideration. Motion passed 4 to 0. DOCKETED PUBLIC HEARINGS: (Continued) 2. APPLICATION NO. 105, ROY C. POWERS, OWNER - REQUEST FOR CHANGE IN LAND USE FROM R-2 (MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT) TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: A 14.617 acre tract of land out of Lot 11 of the H. Masterson Subdivision in Section 5, H.T.&B.R.R. Co. Survey, Abstract 237, Brazoria County, Texas. MEETING RECESSED AT 8:24 P. M. - RECONVENED AT 8:27 P. M. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Roy C. Powers - Mr. Powers stated that the area trend was to Commercial and he felt the best use of this property would be for that purpose. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None REPORT OF THE PLANNING & ZONING COMMISSION: Mayor Reid read the following letter from the Planning & Zoning Commission: February 18, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall, Pearland, Texas 77581 Gentlemen: On the evening of February 16, 1982, the Planning and Zoning Commission held a Public Hearing on Application No. 105, Roy C. Powers, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification R-2 (Medium Density Single Family Dwelling District) to Commercial. After discussion by the Commission, Frank Ravet made a motion that the Planning and Zoning Commission recommend to the City Council approval of Application No. 105. Helen Beckman seconded the motion which passed by a vote of 6-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Yours truly, D. M. Frauenberger Dennis Frauenberger, Vice -Chairman R' Planning and Zoning Commission DF:kk QUESTION AND ANSWER PERIOD: The Council inquired as to the number of houses in Corrigan North abutting this par- ticular piece of property. City Manager Wicker advised that eight homes would abut a drainage ditch separating this property and Corrigan North Subdivision. The question was asked by the Council if this was compatible zoning, and City Manager Wicker stated that the front section, previously zoned Commercial, was in accordance with the Com- prehensive Plan; however, the particular section in question was shown as Residential in the Comprehensive Plan. Mr. Powers stated that he had current plans for this property which would be for office buildings and warehouses. Mr. Powers also stated that there is a natural barrier between this property and the Subdivision --this being a drainage ditch --and Mr. Powers stated that he would be more than happy to grant an additional 20 feet making a total of 40 feet for this easement. ADJOURN HEARING COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY NEW BUSINESS: (Continued) APPLICATION NO. 105, ROY POWERS: It was moved by Councilman Gray, seconded by Councilman Mack that the appropriate Ordi- nance on -Application No. 105., Roy C. Powers, Owner, be prepared by the City Attorney for consideration by the City Council. Motion failed 3 to 1. Councilman Lentz, Councilman Mack, and Councilman Farley opposed. Councilman Gray voted for. MEETING RECESSED 8:55 P. M. - RECONVENED AT 9:04 P. M. It was moved by Councilman Gray, seconded by Councilman Lentz that action on this issue be tabled until a later meeting. Motion passed 4 to 0. RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH HGAC FOR PUR- CHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT: City Manager Wicker stated that if our applications are approved for funding that the cost to the City would be 25% of the total cost of the various projects; however, there is no assurance that any or all will be approved. The listing on the agenda is the priority set by the Police Department for the projects. R RESOLUTION NO. R82-13, POLICE DEPARTMENT COMMUNICATIONS DIVISION, LOGGING TAPE RECORDER SYSTEM: Resolution No. R82-13 read in full by Mayor Reid. It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R82-13 be passed and approved on first and only reading. Said Resolution No. R82-13 reads in caption as follows: RESOLUTION NO. R82-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, AND HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE DEPARTMENT COMMUNICATIONS DIVISION LOGGING TAPE RECORDER SYSTEM — TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye": Councilman Gray, Councilman Lentz„ Councilman Mack and Councilman Farley. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R82-14, POLICE DEPARTMENT RADIO BASE STATION AND REPEATER SYSTEM: Resolution No. R82-14 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No. R82-14 be passed and approved on first and only reading. Said Resolution No. R82-14 reads in caption as follows: RESOLUTION NO., R82-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, AND HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE DEPARTMENT RADIO BASE STA- TION AND REPEATER SYSTEM - TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye": Councilman Gray, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R82-15, POLICE DEPARTMENT COMMUNICATIONS DIVISION - MOBILE RADIO UNITS: Resolution No. R82-15 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-15 be passed and approved on first and only reading. Said Resolution No. R82-15 reads in caption as follows: RESOLUTION NO. R82-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, AND HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE DEPARTMENT COMMUNICATIONS DIVISION MOBILE RADIO UNITS - TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye". Councilman Gray, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 4 to 0. 7 ENGINEERING ESTIMATE - LOSCO BUILDERS FOR EMS AND FIRE STATION: This item not ready. Will appear on future agenda. OTHER BUSINESS: RECESSED TO EXECUTIVE SESSION AT 9:20 P. M. TEXAS OPEN MEETINGS LAW, SECTION II, SUBSECTION (e) LEGAL AND SUBSECTION (g) PERSONNEL. RETURNED FROM EXECUTIVE SESSION AT 11:31 P. M. - NO ACTION. ADJOURN: Meeting adjourned 11:32 P. M. Minutes approved as submitted and/or corrected this the_Zg__day of , A. D., 1982. ATTEST: ty Secretary Mayor