1983-02-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
FEBRUARY 28, 1983, 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/Mayor Pro Tem Terry Gray
Councilman James E. Bost
Councilman Charles R. Mack
Councilman Al Lentz
Councilman Dennis Frauenberger
City Manager Ronald J. Wicker
City Secretary Dorothy L. Cook
Absent from the Meeting: City Attorney Bobby Williams
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman -Jim Bost. The Pledge of. Allegiance -was led by
City Tax CollectorBarbaraLenamon.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the
regular meeting held on February 14, 1983, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid stated that he presented testimony on Monday, February 21, 1983, on the 07 1
Emergency Medical Services Bill. Mayor Reid stated that, presently, there is no
statutory language that defines emergency services personnel. A legislative bill
defining their role and responsibilities would do several things. One, they would
have an increased immunity to damages under civil suits, would work to decrease the
insurance premium for public liability, and there would be a uniform E.M.S. Certification
requirement.
Mayor Reid thanked Mayor Pro Tem Gray for presiding at three meetings last week that the
Mayor was unable to attend.
COUNCIL ACTIVITY REPORTS:
Councilman Gray reported that a meeting was held on February 23, 1983, with Brazoria
County DD No. 4, Brookside, Harris County Flood Control District, and the City of Pear -
land on the FEMA map showing the floodway. Councilman Lentz will be meeting with a
representative from each of the governing bodies and we are going to hire a survey team
that will take cross-sections, and we will then turn over this information to the Harris
County Flood Control District who have volunteered to make hydrological studies. We
will then be able to show more factual information why the floodway should not be as
FEMA shows. This project will take about two months.
Councilman Lentz stated that his meeting with Brookside and DD No. 4 was scheduled for
Tuesday, March 1, 1983.
Councilman Bost reported that the sidewalks have been completed at the Jamison Middle
School.
Councilman Mack reported that the Committee would meet on the MUD 6 petition on March 7,
1983.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that the new water tower is under construction at the Alice
Street site.
Barbara Lanamon, City Tax Collector, stated that approximately 950 of the taxes have
been collected.
CITIZENS:
Tom Alexander and David Smith- Mr. Alexander appeared before the City Council with a
request that the City Council review a proposed plat with a private roadway. Mr.
Alexander stated that he and Mr. Smith owned a piece of property in an island next to
Green Tee. They wanted to divide the property into several lots. It is all in
Brazoria County except a very small portion. In the past, they have given a 40 foot
private easement down the center of this tract of ground and built a privatestreetand
installed a fire plug, water lines, sewer lines, and telephone lines to service two
pieces of property. Mr. Alexander stated that what they were thinking about doing was
to divide this property into several lots. He stated that they would like to file a
plat or site plan approval with a private 40 foot easement that would serve four tracts.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
REVIEW OF PROPOSED PLAT WITH PRIVATE ROADWAY AS SUBMITTED BY DAVID SMITH/TOM ALEXANDER:
The City Council reviewed the proposed plat with Mr. Alexander; however, at this time
the City does not have a private street ordinance. City Manager Wicker stated that we
have copies of ordinances that Houston and Missouri City use. Mr. Alexander spoke of
a possible hold -harmless agreement for this easement.
Mayor Reid stated that he felt that the best efforts would be by the Committee working
on the Land Use Ordinance, and he referred the matter of private streets to the Com-
mittee to come up with the necessary tools for us to proceed. Councilman Mack advised
the Mayor that this subject would be addressed Monday night, March 7, 1983.
It was moved by Councilman Frauenberger, seconded by Councilman Gray that any action on
this request be tabled until the question of private streets has been resolved.
Motion passed 5 to 0.
CITIZENS: (Continued)
Richard A. Driggs - Mr. Driggs appeared before the City Council with a request to re -
plat a nine -acre parcel of land, in West Friendswood Subdivision, into two lots running
in opposite directions of which was originally platted. City Manager Wicker advised
that what Mr. Driggs is requesting is that the property be divided into two tracts, and
he wants to build a cul-de-sac adjacent to the Creek that would be an open ditch street,
24 feet wide of concrete. Water is available on the South side of the bridge and sewer
would have to be a septic system.
MEETING RECESSED AT 8:25 P. M. - RECONVENED AT 8:45 P. M.
NEW BUSINESS:(Continued)
REQUEST FOR AMENDMENTS/VARIANCE TO SUBDIVISION ORDINANCE:
It was moved by Councilman Gray, seconded by Councilman Lentz that this action be
directed to the City Staff for future work with the landowner, Mr. Driggs, and any
proposal or recommendation that is made be directed to the Planning and Zoning Com-
mission.
Motion passed 5 to 0.
PROPOSAL BY Y. M. C. A. FOR USE OF INDEPENDENCE PARK SWIMMING POOL: I—
Mayor Reid recognized Mrs. Ruby Sanders, President of the Y, who was present at the
meeting. Barry Smith, Park Director for the City, presented the proposal and advised
the City Council that no major changes have been made in this proposal from the one
approved last year. The rates are exactly the same --$10.50 per hour. Mr. Smink stated
that the Y was requested to have their insurance company forward evidence of insurance
prior to the use of the pool; also, each instructor file with the City a copy of their
certification as a swimming instructor.
It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Y. M. C. A.'s
proposal be approved, with the rates and insurance as outlined by the Park Director at
this meeting.
Motion passed 5 to 0.
HESS COAT COMPANY'S CONTRACT FOR CLEANING, PRIMING AND FINISHING OF METAL SURFACES, SEWER
PLANTS NO. 2 AND NO. 3:
W. E. Wolff, Superintendent of the Waste Water Treatment Plants for the City, stated
that when the Hess Coat Company submitted their bid, they recommended additional
work in excess of our requirements. Mr. Wolff stated that it was his belief that the
Hess Coat Company's recommendations will add additional longevity to the Plants. City
Manager Wicker recommended that the Council authorize a Change Order on the Contract to
cover this additional work.
It was moved by Councilman Lentz, seconded by Councilman Mack that a Change Order be
authorized for additional work under this Contract, subject to the cost not exceeding
25% of the original amount of the Contract.
Motion passed 5 to 0.
PICKUP TRUCK BIDS, BID NO. B83-3:
Bids reviewed by the City Council as follows:
VENDOR ITEM NO. 1 ITEM NO. 2 ALTERNATE ON MAKE ITEM #1 DELIVERY
ITEM NO. 2 MAKE ITEM #2 DATE
Mike Hall
Ten
Dodge/Mazda
No Bid
$ 5,569.00
ea.
No Bid
Mazda
Working Das..
22,279.00
T.
Bob Marco
No Bid
$ 5,640.00
ea.
No Bid
Mazda
10 Days
* 28,200.00
T.
Ron -Carter
$7,286.45
$ 6,292.24
ea.
$ 6,844.74 ea.
Chev.
6 Weeks
Chevrolet
25,168.96
T.
27,398.96 T.
Bud Brown
$7,659.83
$ 6,444.40
ea.
No Bid
Item #1 -Ford
45
Ford
25,777.60
T.
Item 42 -Toyota
Days
Sterling
$ 5,447.50
ea.
$ 6,354.50 ea.
Item #2 -Mar. 20th
McCall Toy.
No Bid
21,790.00
T.
25,418.00 T.
Toyota
Alt. - Apr. 20th
*Bidder bid
on Five on
this Item instead
of Four, which
was specified.
Purchasing Agent Gary Jackson recommended that the bid for four small pickups be awarded
to Sterling McCall Toyota, in the amount of $5,447.50 each, for a total bid of $21,790.00,
and that the one regular size pickup be awarded to Ron -Carter Chevrolet, in the amount of
$7,286.45.
After a discussion on this bid, the following motion was made:
It was moved by Councilman Gray, seconded by Councilman Lentz that Bid No. B83-3 be awarded
- as follows:
One (1) Chevrolet Pickup truck from Ron Carter Chevrolet in the amount of
$7,286.45; and
Four (4) Toyota Pickup trucks from Sterling McCall Toyota in the amount of
$21,790.00 total.
Motion passed 5 to 0.
APPROVAL OF INVOICES:
It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices
be approved for payment from the appropriate funds:
Invoice No. 3257 - Langford Engineering, INc. - $2,757.85 for Investigation,
Study and Report on Sanitary Sewer System Rehabilitation;
Invoice No. 1200-E - Caldwell Tanks, Inc. - $40,135.50 for Construction of two
500,000 Gallon Elevated Steel Tanks (Estimate No. 1);
Progress Estimate No. 2 - Trico Industries, Inc. $86,151.20 for Construction
of Two Factory Coated Steel Tanks;
Estimate No. 5 - O'Day Drilling Company - $23,788.64 for Foundations and Booster
Pump Stations, Water Well No. 6 & No. 7;
Invoice dated 1/31/83 - Layne Texas Company - $7,588.60 for Construction of
Water Well No. 7;
Invoice No. 4343 - H. Platt Thompson Engineering Co., Inc. - $16,701.68 for
Professional Services.
Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
DOCKETED PUBLIC HEARINGS:
REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR RATE INCREASE EFFECTIVE MARCH 4, 1983
I. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: None
II. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: None
III. QUESTION AND ANSWER PERIOD: None
IV. RECESS HEARING
NEW BUSINESS: (Continued)
RESOLUTION NO. R83-6, A RESOLUTION SUSPENDING THE RATES FOR TEXAS -NEW MEXICO POWER COMPANY:
Resolution No. R83-6 read in full by Councilman Bost.
It was moved by Councilman Bost, seconded by Councilman Frauenberger that Resolution No.
R83-6 be passed and approved on first and only reading. Said Resolution No. R83-6 reads
in caption as follows:
RESOLUTION NO. R83-6
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE
OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS -NEW
MEXICO POWER COMPANY FOR A PERIOD OF ONE HUNDRED TWENTY (120)
DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE
GO INTO EFFECT.
Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman
Mack, and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
UNFINISHED BUSINESS:
APPROVAL OF CHANGE MADE BY BROOKSIDE VILLAGE IN EMS CONTRACT RELATIVE TO DATE DUE OF
SECOND INSTALLMENT:
City Manager Wicker advised the City Council that Brookside wanted to extend the time of
the second payment, under this Contract, one month, until January 19, 1984, and he had
no objection to this if the City Council was agreeable with this change.
It was moved by Councilman Bost, seconded by Councilman Mack that the City Council approve
the change made on Page 2 of the Contract regarding the date of the second payment being
made on January 19, 1984.
Motion passed 5 to 0.
ORDINANCE NO. 453, AN EMERGENCY APPROPRIATION ORDINANCE FOR REPAIRS TO SEWER CAVE-IN:
City Manager Wicker stated that the repairs, as authorized in the last meeting of the
Council, have been completed and the cost was $11,300.00 with Ben Felts Utility Con-
tracting Company doing the repairs. Ordinance No. 453 read in caption by Councilman
Gray. (First and Only Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 453 be
passed and approved on first and only reading under the Emergency Section of the City
Charter, Section No. 8.16. Said Ordinance No. 453 reads in caption as follows:
ORDINANCE NO. 453
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING
FOR THE REPAIR OF A SANITARY SEWER LINE, PROVIDING FOR
THE PAYMENT THEREOF, AND DECLARING AN EMERGENCY.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger
and Councilman Bost.
Voting "No": None
Motion passed 5 to 0.
NEW BUSINESS: (Continued)
ORDINANCE NO. 246-84, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLI-
CATION NO. 114-B, KELLY R. KALUZA AND ASSOCIATES, INC. -13.802 ACRES PD TO COMMERCIAL:
Ordinance No. 246-84 read in caption by Councilman Mack. (First Reading)
It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 246-84
be passed and approved on first of two readings. Said Ordinance No. 246-84 reads in
caption as follows:
ORDINANCE NO. 246-84
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE=
VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-.
VISIONS 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.
CERTIFICATION OF BALLOTS TO BE USED IN THE APRIL 2, 1983 CITY OFFICERS' AND SPECIAL
ELECTION:
It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the following
ballot numbers be certified for the City Officers' and Special Election to be held on
April 2, 1983:
FOR ABSENTEE VOTING: Nos. 00001 thru 00300
FOR REGULAR VOTING: Nos. 00301 thru 03000
Motion passed 5 to 0.
OTHER BUSINESS:
RECESSED AT 9:35 P. M. TO EXECUTIVE SESSION - ARTICLE 6252-17, TEXAS REVISED CIVIL
STATUTES, OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 10:40 P. M.
ADJOURN:
Meeting adjourned at 10:40 P. M.
Minutes approved as submitted and/or corrected this the*day of z,:�
A. D., 1983.
Mayor
ATTEST:
ity Secretary
c