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1982-10-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 11, 1982, 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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Terry Gray Al Lentz James E. Bost Charles R. Mack Dennis Frauenberger Ronald J. Wicker Bobby Williams (entered at 7:40 P.M.) Dorothy L. Cook The invocation was given by Rev. Art Jones. The Pledge of Allegiance was led by Council- man Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on September 27, 1982, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of a special meeting held on September 29, 1982, be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger abstained._ MAYOR'S ACTIVITY REPORT: Mayor Reid reported on a trip to Bryan, where he represented the Houston Galveston Area Council at a Statewide meeting of the Regional Councils. Mayor Reid proclaimed October 16, 1982 as "Shrine Hospital Benefit Day" in Pearland. Mr. Toby Lytle accepted the Proclamation on behalf of the Shriners. This is the day the Shriners collect funds for the Children and Burn Clinic in Galveston. Mayor Reid appointed Councilman Bost to serve as liaison between the Clean Community System and the City Council. Mayor Reid reported that Toby Lytle, as President of the School Board, has discussed with him the establishment of a CommitteetD serve as a "Future Sites Committee". Mayor Reid appointed Councilman Bost to serve as liaison for the_City_Council on this Com- mittee, and a member of the Planning & Zoning Commission will also serve on this Com- mittee. The Mayor stated that this appointment would be made later. DEPARTMENTAL REPORTS I City Manager Wicker reported that the Central Appraisal District"has sent out notices on tax values to the citizens of Pearland. These notices indicate the property value as that previously used by the School District plus 12% increase. The next month will be devoted to the ;appeals process whereby anyone not agreeing with the values placed on the property has the right of appeal. After the appeal hearings are carried out, then the Central Appraisal District will submit us a list of current values. The Council can then proceed with the adoption of the -budget and -=with the establishment -of a- tax rate. We are currently about two months behind in the collection -process. City Attorney Bobby Williams reported on a notice of interim hearing for the H.L.&P. before the Public Utility Commission. The power company is attempting to place rates into effect under bond. This hearing is scheduled for October 20, 1982, and the pro- posed interim rates are on file with the City for public inspection. CITIZENS: Mr. Guy Roberts and Mr. Gerald Harris, representing the Rotary Club of Pearland, pre- sented the City with a check for $13,000.00 to be used for improvements to Independence Park. Park Director Barry Smink received the check on behalf of the Park Department. Mr. John S. Clark, representing the Parkview Homeowner's Association, presented a Peti- tion containing some 137 names requesting that the Pearland City Council barricade the street, known as Mary's Creek East, at the boundary of Parkview Subdivision and Shady - crest Subdivision to help eliminate a problem of speeding traffic. The Mayor read the purpose of the Petition into the records of the City. The Petition was then received into the records of the City by the City Secretary. Mayor Reid asked that City Manager Wicker make a study of this request and report back to the City Council. The Parkview Home o wner'.s Association is to be notified when this report is complete so that they may be present at the meeting. Mr. Robert Alexander, representing the Alexander Estates,appeared before the City Council requesting possible waiving of required 10" water line in right-of-way of Alexander Lane at time of Final Plat on apartments. Should this line be required, then the possibility of the City of Pearland assuming cost of line to property and pay the difference in cost between a 6".line and the 10" line being required. The particular property in question is an area located back of the present K -Mart Store and under con- sideration by Hausman & Banfield for an apartment project. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY ROBERT ALEXANDER REGARDING WATER LINE TO NEW DEVELOPMENT: The City Council discussed the location of water & sewer lines, location of fire plugs, and other matters relating to utilities and proper fire protection for the area to be finally developed. Mayor Reid called a special meeting for Monday, October 18,1982, for a Workshop, and then any action later relating to this matter. Mr. Alexander was requested to have his engineer, as well as Hausman & Banfield's engineer, present at this meeting. REQUEST BY PEARLAND LIONS CLUB TO HOLD ANNUAL TURKEY SHOOT AT THE VFW LOCATION, NOVEM- BER 6, AND 7TH: It was moved by Councilman Gray, seconded by Councilman Lentz that the Pearland Lions Club be granted a permit to hold a Turkey Shoot on November 6, and November 7, 1982, with any alternative rain -out dates, at a location adjacent to the V.F.W. property, subject to liability insurance furnished to the City, and coordination of the traffic flow with the Chief of Police. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: Application No. 108 - Land Use Change has been withdrawn by South Texas Pipeline Co. NEW BUSINESS:(Continued REVIEW, POSSIBLE AWARD AND ANY OTHER PERTINENT BUSINESS RELATING TO BIDS: BID NO. B82-16, HOSPITALIZATION AND DENTAL INSURANCE FOR CITY EMPLOYEES: The following bids were received: BENEFITS REPUBLIC AMER. NATIONAL UNITED OF OMAHA - Employee Dep. Employee Dep. Employee Dep. Lifetime Maximum Benefits $1,000,000 Hospital charges, medical & surgical. ($100 deduct- ible on 1st $2,500; insur- ance pays 100% thereafter) Supplemental accident to $500 (No deductible) $ 75.89 $ 73.59 $ 66.25 $ 94.50 $ 71.71 $ 85.63 Life,AD & D - $7,500 3.38 -- 3.15 -- 3.38 -- Dental 4.82 8.69 6.27 10.40 8.27 16.99 Preventive - (No deduct- ible) Basic & Major ($50 deductible) TOTAL PER MONTH $ 84.09 $ 82.28 $75.67 $104.90 $ 83.36 $102.62 TOTAL PER MONTH/FAMILY - - - - - - - - - - - - - - $166.37 - - - - - - - - - - $180.57 - - - - - - - - - - $185.98 - - - - - - - - - BENEFITS BLUE CROSS TRAVELERS Employee Dep. Employee Dep. Lifetime Maximum Benefits $1,000,000 Hospital charges, medical & surgical. ($100 deduct- ible on lst $2,500; insur- ance pays 100% thereafter) Supplemental accident to $500 (No deductible) $ 49.23 $ 98.03 $ 78.09 $149.03 Life, AD & D - $7,500 3.52 -- 4.28 -- Dental 5.87 9.46 5.56 8.54 Preventive - No deduct- ible) Basic & Major ($50 deductible) TOTAL PER MONTH $ 58.62 $107.49 $ 87.93 $157.57 TOTAL PER MONTH/FAMILY $166.11 $245.50 Buford Parrish, Personnel Director for the City, advised that the Committee recommends that the Council accept the bid of Republic Insurance Company. The total bid for Blue Cross/Blue Shield was a few cents lower; however, the portion that the employee would have to pay was much higher for dependent coverage. Mr. Parrish stated that he felt that this could cause the employees to drop much needed dependent coverage. The Republic's dependent coverage was the same as the employee has been paying under the policy with TML. 167 It was moved by Councilman Bost, seconded by Councilman Frauenberger that Bid No. B82-16 be awarded to Republic National, and the City Manager be authorized to send out appro- priate letters to representative of Blue Cross/Blue Shield. Motion passed 5 to 0. BID NO. B82-17, OVERHEAD WATER STORAGE TANKS: The following bids were received: COMPANY.-- UNIVERSAL TANK & _IRON WORKS LIBERTY RD. ALICE ST. CALENDAR DAYS 5% BID TANK BID TANK BID TOTAL BID FOR COMPLETION SECURITY $286,500.00 $285,500.00 $572,000.00 May 30, 1983 Yes COMPANY: CALDWELL TANKS, INC. $269,700.00 $265,900.00 $535,600.00 270 Yes COMPANY: BROWN STEEL CONTRACTORS $296,800.00 $293,700.00 $590,500.00 240 Yes ACKNOWLEDGMENT OF ADDENDA NO. 1 & 2 Yes Yes Yes COMPANY: HYDROSTORAGE, INC. $273,100.00 $279,100.00 $552,200.00 360 Yes Yes City Manager Wicker recommended that Caldwell Tank Company be awarded the bid in the amount of $535,600.00, and that we proceed to put together another set of specifications so that we can go out for bids on a third storage tank in order to take advance of the low prices. It was moved by Councilman Gray, seconded by Councilman Lentz that Bid No. B82-17 be awarded to Caldwell Tank Company in the amount of $535,600.00 for two overhead water storage tanks, and that the City Manager be authorized to bid an additional overhead storage tank to be located at the McLean Road Water Well site. Motion passed 5 to 0. BID NO. B82-18, EXCAVATION OF SANITARY LANDFILL PIT: The following bids were received: COMPLETION 10% BID COMPANY TOTAL BID DATE SECURITY TYPE OF EQUIPMENT Northwest Dragline, Harry W. Johnson D6 Dozer, & Assoc., Inc. $24,350.00 30 Days _ Yes Compactor Dragline and/or Scrapers Gehring Const. Co. $31,250.00 30 Days Yes and Bulldozer 2 D8 Dozers, 2 D7 Dozers, 1 4" Pump, 1 Fuel Pump, Brown & Root, Inc. $62,500.00 30 Days Yes 1 Pickup Truck Gary Jackson, Purchasing Agent for the City, recommended that the bid be awarded to Harry W. Johnson & Associates, Inc., in the amount of $24,350.00 as the lowest and best bid. It was moved by Councilman Gray, seconded by Councilman Bost that Bid No. B82-18 be awarded to Harry W. Johnson & Associates, Inc., in the amount of $24,350.00, and that this Company's qualification be reviewed. Motion passed 5 to 0. RESOLUTION NO. R82-36, A RESOLUTION DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPON- SIBLE FOR ACTING FOR AND ON BEHALF OF CITY OF PEARLAND IN DEALING WITH TEXAS PARKS AND WILDLIFE DEPARTMENT: Resolution No. R82-36 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R82-36 be passed and approved on first and only reading. Said Resolution No. R82-36 reads in caption as follows: RESOLUTION NO. R82-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF PEARLAND IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND; CERTI- FYING THAT THE CITY OF PEARLAND IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, and Council- man Lentz. Voting "No": None Motion passed 4 to 0. Councilman Mack absent from the Chambers at this time. ORDINANCE NO. 411-1, AN AMENDMENT TO THE MUNICIPAL UTILITY DISTRICT ORDINANCE: Ordinance No. 411-1 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 411-1 be passed and approved on first of two readings. Said Ordinance No. 411-1 reads in caption as follows: ORDINANCE NO. 411-1 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Gray, Councilman Frauenberger, and Council- man Bost. Voting "No": None Motion passed 4 to 0. Councilman Mack absent from the Chambers at this time. ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Engineer- ing Estimate No. 1, O'Day Drilling Company, Inc., for Construction of Ground Storage Tank Foundation and Booster Pump Stations - Liberty Road and Magnolia Road Well Sites, in the amount of $20,320.56 be approved for payment out of the appropriate funds. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that invoice from Layne Texas Company for Magnolia Street Water Well in the amount of $39,796.60 be approved for payment from the appropriate funds. Motion passed 5 to 0. CHANGE.IN ORDER OF BUSINESS UNFINISHED BUSINESS: APPROVAL OF PROPOSAL FROM LANGFORD ENGINEERING, -INC. FOR COMPREHENSIVE ENGINEERING .REPORT AND ANALYSIS OF SANITARY SEWER COLLECTION SYSTEM REHABILITATION: Proposal was presented by Langford Engineering, Inc., outlining engineering services which they would perform under the Comprehensive Engineering Report and Analysis of Sanitary Sewer Collection System Rehabilitation in the City of Pearland. It was moved by Councilman Lentz, seconded by Councilman Gray that the City Attorney be authorized to prepare Preliminary Engineering Contract based on the proposal dated October 5, 1982; by Langford Engineering, Inc., and the Mayor be authorized to sign the contract. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:10 P. M., TEXAS OPEN MEETING'S LAW, SECTION 2 SUBSECTION (e) AND LEGAL, SUBSECTION (g) PERSONNEL. RECONVENED AT 10:15 P. M. UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 449, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D: Ordinance No. 449 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 449 be passed and approved on second and final reading. Said Ordinance No. 449 reads in caption as follows: ORDINANCE NO. 449 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN EGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEAR - LAND, TEXAS, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, and Council- man Mack. Voting "No": None Motion passed 4 to 0. Councilman Lentz absent from the Chambers at this time. NEW BUSINESS: (Continued) BID NO. B82-19, OPERATION OF SANITARY LANDFILL: City Manager Wicker advised that only one bid was received on the Operation of the Sanitary Landfill, and this bid did not qualify since no Bid Bond was attached. Also, the price bid was considerably over the amount that has been budgeted for the 12 -month period. Mr. Wicker asked that the Staff work with our present contractor, John Jamison, and on a monthly basis extend the present contract until such time as the City can acquire the necessary equipment to operate the Landfill by the City forces. It was moved by Councilman Mack, seconded by Councilman Bost that the City Manager be authorized to continue the present contract on operation of the Landfill on a month-to- month basis until such time as the City can take over the operation. Motion passed 5 to 0. UNFINISHED BUSINESS: (Continued) RESOLUTION NO. R82-34, A RESOLUTION AUTHORIZING THE APPROVING THE CREATION OF AN INDUSTRIAL DEVELOPMENT CORPORATION; APPROVAL OF ARTICLES OF INCORPORATION AND BYLAWS: Councilman Frauenberger reported that he was appointed Chairman of a Committee at the last meeting to study the possibility of a Pearland Industrial Development Corporation. The Committee met, reviewed the Articles of Incorporation, Bylaws, and proposed members of the Board of Directors to be named in the Resolution. Councilman Frauenberger recom- mended that the following names be listed as Board of Directors in the Resolution when it is adopted by the City Council: 1. Preston Bullard 2. Dennis M. Frauenberger 3. Zolton Olah 4. Milan Saunders 5. Otto Schroeder Resolution No. R82-34 read in full by Councilman Frauenberger. It was moved by Council- man Frauenberger, seconded by Councilman Lentz that Resolution No. R82-34 be passed and approved on first and only reading. Said Resolution No. R82-34 reads in caption as follows: RESOLUTION NO. R82-34 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauen- berger, and Councilman Bost. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R82-37, A RESOLUTION PROVIDING NOTICE TO TEXAS INDUSTRIAL COMMISSION WITH RESPECT TO PUBLIC HEARING FOR DESIGNATION OF ELIGIBLE AREAS WITHIN THE CITY: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that a letter be sent to Charles Wood, Executive Director of the Texas Industrial Commission, regarding a Public Hearing to be held establishing an Eligible Blighted Area pursuant to the Development Corporation Act of 1979. Motion passed 5 to 0. The Resolution to be on the next regular agenda. ORDINANCE NO. 445, APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGIN- NING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30, 1983: Ordinance No. 445 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Gray that Ordinance No. 445 be 171 passed and approved on first of two readings. Said Ordinance No. 445 reads in caption as follows: ORDINANCE NO. 445 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983. Voting "Aye Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 446, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR AN INTEREST AND SINKING FUND: Ordinance No. 446 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 446 be passed and approved on first of two readings. Said Ordinance No. 446 reads in caption as follows: ORDINANCE NO. 446 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1982 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PUR- POSE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) ORDINANCE NO. 450, AN ORDINANCE IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CL -A SSIFICATIONS; ESTABLISHING PAY SCHEDULES: Ordinance No. 450 read by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 450 be passed and approved, as amended regarding classifications, on first of two readings. Said Ordinance No. 450 reads in caption as follows: ORDINANCE NO. 450 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, IMPLEMENTING POLICEMAN'S CIVIL SERVICE PURSUANT TO ARTICLE 1269M, V.A.C.S. OF TEXAS; ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN; ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. CHANGE IN REGULARLY SCHEDULED MEETING DATE OF OCTOBER 25, 1982, DUE TO TEXAS MUNICIPAL LEAGUE CONVENTION: It was moved by Councilman Lentz, seconded by Councilman Mack that the regularly scheduled meeting of the City Council to be held on October 25, 1982, be changed to Thursday, October 21, 1982, at 7:30 P. M. and that proper notice be given. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Gray, seconded by Councilman Bost that the absence of Mayor Reid from the meeting of September 27, 1982 be shown as "Excused Absence". Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:40 P. M. Minutes approved as submitted and/or corrected this the_,2/_day of n , A. D., 1982. Mayor ATTEST: ity Secretary