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1982-11-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 8, 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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Re id Terry Gray Dennis Frauenberger Al Lentz Charles R. Mack James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Walt Lackey, President of the Pearland Area Chamber of Commerce. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the Special Meeting held on October 18, 1982 and the minutes of a Regular Meeting held on October 21, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read into the records a letter received from the Municipal Finance Officers Association advising that a Certificate of Conformance has been awarded to the City of Pearland for Financial Reporting Achievement, and that Mrs. Dorothy S. Thompson was awarded a Certificate for Financial Reporting. Mayor Reid presented Mrs. Thompson with this special award. Mayor Reid stated that Hill Kemp, our newly elected member of the State Legislature, would like to hear from his constituents before the Legislature meets in January regarding any proposed legislation they would like to see enacted. Mayor Reid advised that Mr. Kemp stated he would be available to meet with the City Council to discuss any legislation proposed by the City. Mayor Reid stated that he, along with Councilman Gray and Councilman Frauenberger, attended a meeting between Brazoria County Drainage District No. 4 and the Friendswood City Council on November 1, 1982. They heard a report from a Committee appointed by Mayor Lowe regard- ing the Mary's Creek By -Pass. Pearland is in the process of working with the State High- way Department to widen Highway 518 East to Friendswood. The Highway Department wants the I� matter of drainage under the bridge on 518 at the Mary's Creek By -Pass worked out between the Cities before this project is started. Mayor Reid stated that we have reached a gentlemen's agreement on the drainage problem and that he and Mayor Lowe plan to meet with Mr. Omer Poorman, District Engineer, and indicate to him that we believe we have resolved, to our mutual satisfaction, the drainage problem on the Mary's Creek By -Pass. Also, that it is our personal feeling that the reconstruction of the bridge that crosses Mary's Creek could proceed in parallel with the drainage specifications. Mayor Reid stated that he would have a report back to the Council on the progress on this matter. COUNCIL ACTIVITY REPORTS: Councilman Gray reported on a meeting held on November 3, 1982, between the Corps of Engineers, Woodward Clyde, Engineers from the Flood Emergency Management Agency, and various citizens of this community, as well as officials from Brookside Village, regard- ing the proposed Flood Map. Councilman Gray stated that he felt that there are several problems regarding the elevations on the maps and that he, Councilman Lentz, and City Manager Wicker would be meeting with Woodward Clyde and FEMA to try and resolve these �— problems. Councilman Gray also stated that at this point it looks as though it will be October of next year before a permanent Flood Insurance Map is established. Councilman Bost reported on the sidewalks for the new Jamison Middle School. He reported that he and Ron Wicker met with Mr. Bullard, the School Superintendent, and he was very cooperative and would like to see sidewalks built at this school. Councilman Bost asked that Mr. Wicker be authorized to work with the school to see if they can come up with some feasible traffic pattern. This is an open -ditch situation and will take considerable study before the problem can be resolved. Councilman Bost also reported on the Clean Pearland Committee. He stated that the Lions wondered if a notice could be placed on the back of the water bill stating that the third Saturday of each month is "Clean Pearland" pickup day. DEPARTMENTAL REPORTS: City Manager Wicker asked the press.to convey that November 11, 1982 is a City holiday and that no garbage would be picked up on that day. CITIZENS: Mr. Ken Ross, Principal of Carleston Elementary School, appeared before the City Council with a request that the City annex Harkey road adjacent to this school. He presented a petition to the City containing some 56 names requesting the City to annex a portion of Harkey Road from F.M. 518 South to Nelson Road (C.R. 91). The sole purpose of this being to provide adequate police surveillance of school zone at H. C. Carleston Elementary School and allow the students to cross to safety. Mr. Ross also read one letter from a student, and presented several other letters from students, requesting police service on Harkey. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST FOR ANNEXATION OF HARKEY ROAD EAST OF CARLESTON ELEMENTARY SCHOOL: City Manager Wicker advised that the City would have to annex an area 500 x 500 feet in order to comply with State Law; therefore, just Harkey Road could not be annexed. He suggested that in the event the City Council wanted to annex this area that a workshop would need to be held to work out the details. Mayor Reid stated that he would check the calendar for a date for a workshop on this matter and would so notify the City Council. CHANGE IN ORDER OF BUSINESS: CITIZENS: (Continued) t8 Bazel.Crowe/Crystal Homes, Inc. - Mr. Crowe stated that his client, Crystal Homes, Inc., proposed to construct a subdivision on land that was partially in the City of Pearland, City of Friendswood, and Brazoria County. One of the major problems was the need for water and sewer service. He felt it was possible that Pearland had water that could be taken over to the subdivision by a new main, or the -drilling of a -new well might benefit both his client and the City. He stated that, as far as the sewer was concerned, there is a possibility that this proposed subdivision might be able to pump into one of the City's j^ sewer systems. Mr. Crowe also stated that they had discussed this with Friendswood; however, they have not received as favorable response as they had hoped. City Manager Wicker advised that the lift station on 518 is already taxed, and will have to be enlarged before any additional service is allowed to dump into it. We also have :a problem with water service since the nearest water main from which service could be provided is located on Highway 518. Mr. Wicker stated,that in discussions with the developer, the possibility of a sewage treatment plant on the extreme east end of town would also serve citizens,not presently served by sewer, with sewer. He stated that this is an item that a Council Committee might discuss with Mr. Crowe to determine our needs and their need and see if something can be worked out. Mayor Reid stated that he would take this under advisement and select two Councilmen to work with the City Manager to see what could be worked out. DOCKETED PUBLIC HEARINGS: REGISTER INDICATED 64 PEOPLE PRESENT AT HEARINGS. PUBLIC HEARING TO CONSIDER DESIGNATION OF ONE OR MORE ELIGIBLE BLIGHTED AREAS WITHIN THE CITY AS RELATES TO THE DEVELOPMENT CORPORATION ACT OF 1979, ART. 5190.61 VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, AND RESOLUTION NO. R82-37, COPY OF WHICH IS ON FILE WITH THE TEXAS INDUSTRIAL COMMISSION. Mayor Reid called the Hearing to order and then turned the Hearing over to City Attorney, Bobby Williams, to explain the purpose of the Development Corporation Act and Resolution No. R82-37 as it relates to various -areas of the City. City Attorney Williams explained that The Development Corporation Act of 1979 is a very vital Act that saves the taxpayers a lot of money. It is an act whereby a sponsoring governmental body, in this case the City, can sponsor a corporation, an individual corporation under the Non-profit Corporation Act, that can be used as a vehicle for the issuance of industrial bonds for the development of industry in the State of Texas. Brazoria County sponsored the Brazoria County Industrial District two years ago. What it means is that the Corporation is formed under the guise of a sponsoring unit, which is the City, that has the ability to execute bonds for the purchase of industrial developments and commercial developments within a City. These bonds are not a liability, in any respect, to the City. These bonds do not affect the debt structure of the City in any respect. They are tax free bonds whereby a lending institution or bank can buy these bonds and get a tax benefit from the Federal Government for the purchase of the bonds because they are not taxable. The Corporation for the City was activated about two months ago and is active and working. The law itself covers two areas. One is industrial projects can be formulated inside a City at any point that is accepted by the corporation itself, approved by the City and the TexasIndustrial Commission. The industrial project would be something like.a manufacturing plant. Commercial projects under the law are limited but the law states that you can have commercial projects in your City, if in fact, you qualify areas. To qualify a commercial project in the City you must qualify it in "an eligible blighted area". Mr. Williams explained the use of the word "eligible blighted areas" as referred to in the Law. The Law requires this Hearing, and just because an area is designated in our notice as an "eligible blighted area" does not mean it is a slum area that it is totally deteriorated,or that it is a highly unemployment area. For any type of commercial project to be sponsored in the area by the Corporation, we must go through this procedure. The reason so many streets were named in the notice was that we have to have a public hearing that is designated com- mercial. If we named one street at a time, the City Council would have to call a public hearing on each and every possible project. Most of the streets named in the notice has commercial zoning or possible future commercial development was likely. These projects do not in any respect change the zoning laws of the City. Any project, if not already properly zoned, will have to go through the zoning process which allows the citizens to speak for or against a zone change. If a project was approved in an area, it would have to be compatible with the Master Plan of the City. A project on the com- mercial side of ledger and a project on the industrial side of the ledger would have to be in the $1,000,000 bracket or more. We are looking to developing a larger or commercial tax base for clean air industry and commercial activities which will take some of the burden off the homeowners. We want to develop additional employment for citizens within the City. Several citizens voiced opposition to Dixie Farm Road being named as a "blighted area" during this Hearing. All citizens present were given an opportunity to be heard and their questions answered. Mayor Reid, hearing no other questions from the audience, adjourned the Hearing at 9:20 P.M. COMPLETE TAPE OF HEARING ON FILE IN OFFICE OF CITY SECRETARY. NEW BUSINESS: RESOLUTION NO. R82-39, A RESOLUTION DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE DEVELOP- MENT CORPORATION ACT OF 1979: Resolution No. R82-39 read in full by Councilmen Frauenberger, Gray, and Lentz. It was moved by Councilman Frauenberger, seconded by Councilman Gray that Resolution No. R82-39 be passed and approved on first and only reading with the deletion under Exhibit "A" attached to the Resolution as follows: "9. Dixie Farm Road from the northeast City limit line to the southeast City limit line." Said Resolution No. R82-39 reads in caption as follows: RESOLUTION NO. R82-39 BY THE GOVERNING BODY OF THE CITY OF PEARLAND, TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS INDUSTRIAL COMMISSION; MAKING CERTAIN FINDINGS IN CONNECTION THERE- WITH; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. MEETING RECESSED AT 9:45 P. M. - RECONVENED AT 9:50 P. M. DOCKETED PUBLIC HEARINGS: (Continued) 180 REQUEST FOR LAND USE CHANGE - APPLICATION NO. 109, BAZEL E. CROWE, AGENT FOR LINN EIGNUS, OWNER: 5.61 Acres of Land, more or less, out of the 86.862 Eignus Tract of Land out of the Perry and Austin League in Brazoria and Galveston Counties, Texas. PU to GR. PERSONS WISHING TO SPEAK FOR THE PROPOSED LAND USE CHANGE Bazel Crowe, Agent for Crystal Homes, Inc. - Mr. Crowe brought before the City Council preliminary drawings of the proposed subdivision. His request was a change from PU to GR with land in Pearland, Friendswood, and Brazoria County. This proposed subdivision would be all single family homes (patio homes). PERSONS WISHING TO SPEAK AGAINST THE PROPOSED LAND USE CHANGE: None QUESTION AND ANSWER PERIOD: No questions Mayor. Reid read into the records a letter from the Planning and Zoning Commission dated October 8, 1982, wherein they recommended that this request be granted. ADJOURN HEARING COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 109, BAZEL CROWE, AGENT FOR LINN EIGNUS: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that -the City Attorney be instructed to prepare the necessary ordinance for consideration by the City Council on Application 109, Land Use Change requested by Bazel Crowe, Agent, from PU to GR. Motion passed 4 to 1. Councilman Bost opposed. Mayor Reid appointed Councilman Lentz and Councilman Bost, along with City Manager Wicker and Staff, to study the utility situation as described in Mr. Crowe's presentation under Citizens. UNFINISHED BUSINESS: It was moved by Councilman Gray, seconded by Councilman Bost that the current estimated 1981-82 Budget Reserve be allocated as follows: $ 1,964 2,000 18,550 5,135 GENERAL FUND Fire Department Radio Equipment Drainage for the Old Alvin Road Brown & Root Retainage Action The balance of the Council Contingency Fund to be allocated to the Sanitation Department, maintenance of vehicles. WATER & SEWER $11,580 Water Tower Motion passed 5 to 0. A -1 NEW BUSINESS (Continued): CONSIDERATION OF BIDS RECEIVED BY R. G. MILLER ENGINEERS, INC. FOR CITY PARTICIPATION IN OVERSIZING OF WATER AND SEWER LINES IN ANNEXED AREA WEST ON HIGHWAY 518: The following letter was received from R. G. Miller Engineers, Inc., along with attach- ments: October 29, 1982 City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Attention: Mr. Ron Wicker, City Manager Gentlemen: 61+ Acre Tract on F.M. 518 At Harkey Road On October 21, 1982, this office received bids for the construction of a sanitary sewer line and a water line to serve the referenced project. A bid tabulation that itemizes the results is enclosed for your convenience. May this serve as our request to be placed on the November 8th, City Council agenda so that we may discuss the City's participation in the funding of certain aspects of this construction as previously discussed before Council. Enclosed for your review, is an outline of the construction cost of the items that we feel the City of Pearland would, based on previous conversations, be willing to consider for participation. The amounts used in the outline are those submitted by the low bidder. Group A of the outline concerns the difference in cost between the construction of an 8 -inch water line that would be adequate to serve the referenced project and the 12 - inch water line that is needed, as we understand, to better serve other areas within the City. Although we took bids on the construction of the 12 -inch water line, we included an bid item (bottom of the bid tabulation) for the construction of an 8 -inch water line for comparative purposes. Group B of the outline concerns additional facilities that were added at the City's request in order to serve property outside the boundaries of the referenced project. If you have any questions or desire further information prior to the November 8th Council meeting, please call the undersigned or Dick Miller. JF/rc Enclosures cc: Mr. John Abbott Mr. Dick Qualtrough Sincerely, /s/ Jack Farley Jack Farley Associate October 28, 1982 CONSTRUCTION OF SANITARY SEWER AND WATER LINE TO SERVE 61+ ACRE TRACT IN PEARLAND, TEXAS Work Proposed To Be Funded By The City Of Pearland Group A - Oversized Facilities 1. 8" Water Line needed; 12" Water Line required by City 12" A.C. Water Line: 3265 L.F. @ 14.50 = $47,342.50 8" A.C. Water Line: 3265 L.F. @ 12.00 = (39,180.00) $8,162.50 12" Gate Valve & Box: 8" Gate Valve & Box: 5 EACH @ 850.00 = $ 4,250.00 5 EACH @ 485.00 = (2,425.00) TOTAL GROUP A - Group B - Additional Facilities 1. 6 Fire Hydrants needed; 9 Fire Hydrants required by City Fire Hydrant Assembly: 3 EACH @1,200.00 2. 10" Water Line across highway required by City 10" A.C. Water Line: 16" Casing For 10" Water Line Bore For 16" Casing: 10" Gate Valve 12" Gate Valve Group A Group B 198 L.F. @ 14.50 $ 3,600.00 $ 2,871.00 173 L.F. @ 32.00 = 5,536.00 160 L.F. @ 30.00 = 4,800.00 4 EACH @ 700.00 = 2,800.00 2 EACH @ 850.00 = 4,250.00 TOTAL GROUP B - SUMMARY Total Requested Participation By City of Pearland BID TABULATION ON FILE IN OFFICE OF CITY SECRETARY. $ 9,987.50 23,857.00 $33,844.50 $1,825.00 $9,987.50 $3,600.00 $20,257.00 $23,857.00 City Manager Wicker stated that the oversizing of the lines in this area was authorized sometime ago. The oversizing of water line amounted to approximately $14,000 and the remainder of the cost was necessary for the installing of three additional fire hydrants, and two laterals crossing under the highway which will have to be bored and encased in steel. The funds are available through Water Bond Funds and he recommended that the City Council approve this participation. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the City parti- cipate in the water line to be installed along 518 to the 61+ Acre Tract on F.M. 518 at Harkey in the items listed by R. G. Miller Engineers, Inc., in the amount of $33,844.50, with payment for same to be out of the current bond funds. Motion passed 4 to 0. Councilman Mack absent from the room at this time. APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Bost, seconded by Councilman Lentz that the following invoices be approved for payment from the proper funds: (b) O'Day Drilling Company, in the amount of $30,631.34, for tank foundations and pump houses - Wells 6 and 7. Estimate No. 2. (c) Anderson Plastico Company, in the amount of $30,420.00, for renovation of Sewer Plant No. 3. Invoice No. 100392. (d) Dansby & Miller AIA Architects, in the amount of $22,500.00, for Architectural Services - Library and Community Building Complex. Invoice No. 9192. (e) Water Tank Service Company, in the amount of $10,422.00, for Cleaning, Repairing, and Painting Elevated Water Storage Tank. Progress Payment. (f) Losco Building Systems, Inc., in the amount of $7,016.00, for Covered Pavilion Project. Retainage. Motion passed 5 to 0. A discussion was held on the Progress Estimate for Brown & Root, Inc. regarding the quality of work on the streets. The City Engineer advised the City Council that the crushed concrete base used on the streets when they were resurfaced has created a problem. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Progress Esti- mate from Brown & Root, Inc., in the amount of $6,285.51, for the 1982 Street Maintenance Program, be approved and payment to be paid from the appropriate funds. Motion passed 3 to 1. Councilman Gray opposed. Councilman Mack abstained. MEETING RECESSED AT 10:42 P. M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (e) LEGAL; (f) EXCHANGE, PURCHASE OR VALUE OF REAL PROPERTY; AND (g) PERSONNEL. MEETING RECONVENED AT 11:20 P. M. PERSONNEL ORDINANCE: This item passed until future agenda. PURCHASE OF EQUIPMENT FOR CITY OPERATION OF SANITARY LANDFILL: It was moved by Councilman Gray, seconded by Councilman Frauenberger that we authorize the City Manager to purchase, from the City of Ft. Worth, two 83 Caterpillar Track Loaders for approximately $60,000.00, and that funds be appropriated from the proper account. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 11:21 P. M. Minutes approved as submitted and/or corrected this theday of A. D., 1982. ATTEST: r City Secreta