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1983-04-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 11, 1983, 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 Reid Terry Gray Charles R. Mack Al Lentz James E. Bost Dennis Frauenberger Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by David Smith. The Pledge of Allegiance was led by Dr. Dave Prentice. APPROVAL OF THE MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on March 28, 1983 and the special meeting held on April 4, 1983, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid asked David Smith, Director of the Pearland Emergency Medical Services, to introduce Dr. Dave Prentice, Medical Director of the Pearland Emergency Medical Services. Mayor Reid presented a Proclamation to Dr. Prentice proclaiming April 29, 1983 as Dr. Dave Prentice Day in Pearland. 'Dr. Prentice, in accepting the Proclamation, stated that the Pearland EMS is in the process of three levels of training; one in Emergency Medical Tech., one in special skills, and one in paramedic. The last one is an accomplishment for a City the size of Pearland. What this means is that if a citizen of this Community develops a serious illness or is injured, the EMS will arrive in approximately six minutes and will be trained to take care of such illness or injury until you can be transported to a hospi- tal. Mayor Reid presented a Proclamation to Leroy Savoie, representing the Clean Pearland Committee, proclaiming the week of April 16-23 as "Keep America Beautiful Week" in Pearland. Mr. Savoie introduced members of the Committee present at the meeting: Vice PresidQnt Stella Roberts and Treasurer Cary Spradley. Mr. Savoie also outlined the strategy and action plans for this organization. Mayor Reid submitted the following report to the Council on the Public Works Hearing in Washington, April 6, 1983: A delegation of Gulf Coast, local elected officials attended the Public Works Hearing on Corps of Engineering funding for Piscal 1984 before the House and the Senate Appro- priations Sub -Committee on April 6, supporting Congressman Jack Brooks. Congressman Brooks presented the principal testimony before the House Committee on a package of proposed Corps funding for fiscal 1984, including funding for the Clear Creek Drainage Project. Both Senator Bentsen and Senator Tower attended and presented testimony before the Senate Committee. The Delegation appeared in support of Congress- man Brooks before both committees, representing Jefferson, Chambers, Galveston, Harris, and Brazoria Counties. In addition to the County Judges of Jefferson and Galveston Counties, the mayors of Dickinson, League City, Friendswood, and Pearland, along with representatives of drainage districts, commissioners courts, cities and port author- ities attended. Commissioners Shannon and Hunter and General Manager Yost attended from Brazoria County Drainage District #4. The Clear Creek Project was given some separate coverage by Congressman Brooks and others. An amount of $152,000 for engineering studies was included in the President's Budget. An additional amount of $300,000 was being requested for inclusion in the 'J fiscal 1984 Budget representing the amount of actual construction funds the Corps felt it could use for the reach from West Clear Lake to Highway Three. This new fund request creates three problems: The Administration does not want to fund new starts; future Federal funding of this nature will have a participative requirement from local sponsors which has not been worked out yet; the Administration does not want to increase the proposed Budget, period. Both Senate and House Committees were concerned that Public Works projects of this type have not been funded for new starts since 1980, which they believe will create major problems for the future. They also expressed concern that the Clear Creek Project has not received construction funding even though it was authorized in the late 1960's. Congressman Brooks and all of the delegation felt that our support during the Hearings was significant and increased our chances for funding. Although Brazoria County is outside of Congressman Brooks' district, he did a fine job of stating and supporting our concerns. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that a Committee Meeting on the Land Use and Urban Develop- ment Ordinance would be held on April 18, 1983. Councilman Gray reported on a proposed resolution from the Chamber of Commerce asking for the widening of FM518; a name change for FM 3344 between FM518 and 288; Pearland Directional Signage at I45 at Gulfgate, I45 at Dixie Farm Road, Loop 610 at Highway 35 exit, East and West, and Loop 610 at Highway 288, East and West; and the need for more school zone flashing lights on FM518. Mayor Reid advised that he signed the Chamber's resolution on behalf of the City and Billy Joe Plaster signed for Brazoria County Precinct No. 3. DEPARTMENTAL REPORTS: City Manager Wicker reported that an auction will be held at the City Service Center on Saturday, April 16, 1983. Mr. Wicker also reported on the progress being made on the new overhead water storage tanks. He reported that Tax Collector Barbara Lenamon advised that 94% of the current taxes have been collected. CITIZENS: Mr. James A. Wood, 2005 Sleepyhollow, appeared before the City Council requesting the City to condemn the one -foot strip of land at the end of Waxford, Antrum and Caven Streets in Green Tee Subdivision. Mr. Wood advised that he owned property adjacent to the strip and was unable to gain access to the property. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: ONE -FOOT FEE STRIP - GREEN TEE SUBDIVISION: The City Council made inquiry of Mr. Wood as to whether or not he had approached the owners of the fee strip to see if they would release the one foot by 60 foot strip at the end of the streets mentioned in his request. Mr. Wood advised that when he checked into this he was advised that it was "not negotiable". Councilman Lentz made inquiry as to how this fee strip was defined on the map, and Councilman Mack made inquiry as to who paid the taxes on this strip. Members of the Council expressed that they were under the impression that time had taken care of the elimination of this strip. City Manager Wicker advised that in his opinion it had not. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Manager and City Attorney investigate this fee strip --what the fee strip really is, why it is there, and come up with some type of recommendation as to what can be done about it. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - APPLICATION NO. 118, WILEY THOMAS AGENT FOR SOUTH TEXAS PIPELINE COMPANY - PLANNED UNIT TO COMMERCIAL ON ALL OF LOT 14 OF THE GEORGE W. JENKINS SUBDIVISION, RECORDED IN VOLUME 79, PAGES 616 & 617 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CONTAINING 9.755 ACRES LOCATED IN PEARLAND, BRAZORIA COUNTY, TEXAS. NUMBER SIGNING REGISTER: 11 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: J. W. Boseman, 3209 Dixie Farm Rd. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Rona Williamson, 3504 Dixie Farm Road Jim Peck, Westfield Lane J. B. Watts, 3301 Dixie Farm Road Shirley Watts, 3301 Dixie Farm Road W. D. Forrest, 3406 Dixie Farm Road Ester Ando, 3302 Dixie Farm Road Carmon Lopez, Route 2, Pearland Jessie Lopez,: -Route 2, Pear -land_ Mrs. Freeman Riggle PLANNING & ZONING COMMISSION'S REPORT: Mayor Reid read into the records the following communication from the Planning & Zoning Commission dated March 17, 1983: March 17, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on March 15, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 118, Wiley Thomas, Agent for South Texas Pipeline Co., Owner, for an amendment to the Land Use and Urban Development Ordinance from classifi- cation Planned Unit (PU) to Commercial (C). After hearing the evidence for and against, the Commission discussed their concerns about South Texas Pipeline's intention to rezone nearly 10 acres to Commercial when the proposed building site was to be on only one acre; why they chose this tract of land on Dixie Farm Road as an alternative to any other land between Corpus Christi and the Houston Ship Channel. It was mentioned that the Commission had considered an application for a zone change to Commercial on the same tract once before and they had denied the request and that no new evidence was presented now to change their opinion. It was also brought out that the Comprehensive Plan calls for this area along Dixie Farm Road to be residential and that the same people living on Dixie Farm Road have kept coming back to these hearings to defend their homes, and it was a general feeling that the Commission should support these people. A motion was made by Frank Ravet, seconded by Hardie Barr that the Planning and Zoning Commission recommend to the City Council that Application No. 118, South Texas Pipeline Company, Owner for a zone change from PU to Commercial be denied. Motion passPa 6-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours', /s/ Richard F. Tetens Richard Tetens Chairman TR:kk QUESTION AND ANSWER PERIOD: Councilman Bost asked if the applicant for this zone change had been notified of the hearing. He was advised that both the applicant and the owner were notified by certi- fied mail. ADJOURN: Hearing adjourned at 8:50 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 118, WILEY THOMAS, AGENT FOR SOUTH TEXAS PIPELINE COMPANY: It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Council deny the request of Wiley Thomas, Agent for South Texas Pipeline Company, Application No. 118, and sustain the action of the Planning & Zoning, based upon the Pearland Comprehensive Development Plan, updated in 1978. Motion passed 5 to 0. MEETING RECESSED AT 8:55 P. M. - RECONVENED AT 9:00 P. M. CALL OF PUBLIC HEARING ON REQUEST BY ENTEX, INC. FOR RATE CHANGE: It was moved by Councilman Lentz, seconded by Councilman Bost that a Public Hearing be called under Docketed Public Hearings of the Regular Agenda on April 25, 1983. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 246-85, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 116, A. 0. JOHNSTON - PD TO COMMERCIAL: Ordinance No. 246-85 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 246-85 be passed and approved on second and final reading. Said Ordinance No. 246-85 reads in caption as follows: ORDINANCE NO. 246-85 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger, - and Councilman Bost. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-86, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 117, B. & N. INVESTMENTS, AGENTS FOR VENTURA CONSTRUCTION COMPANY: Ordinance No. 246-86 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 246-86 be passed and approved on second and final reading. Said Ordinance No. 246-86 reads in caption as follows: ORDINANCE NO. 246-86 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING 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. NEW BUSINESS: (Continued) REVIEW AND AWARD OF BID NO. B83-5, EXPANSION OF WOODCREEK FIRE STATION: Bids received on Bid No. B83-5 reviewed by the Council as follows: COMPANY ITEM 1 ITEM 2 ITEM 3 TOTAL BID CAL. BID DAS. BOND C & S Asphalt Co. $24,448.00 $3,932.00 $10,451.00 $38,831.00 45 50 Losco Bldg. Systems 21,152.00 2,712.00 8,114.00 31,978.00 -- 50 Schultz & Lembo, Inc. 32,000.00 4,500.00 10,500.00 47,000.00 90 50 City Manager Wicker advised the City Council that $30,000.00 was budgeted for this work, and he recommended that the bid be awarded to Losco Building Systems, Inc., in the amount of $31,978.00 as the lowest bidder. .Losco is -to complete work-in 45- days. It was moved by Councilman Gray, seconded by Councilman Bost that Bid No. B83-5 be awarded to Losco Building Systems, InG. in the amount of $31,978.00 as the lowest bidder with a completion date of 45 days and that the budget be amended accordingly. Also, that Mayor be authorized to execute contract with Losco Building Systems, Inc. for this project. Motion passed 5 to 0. REVIEW AND AWARD OF BID'NO. B83-6, ONE LOADER/BACKHOE: Bids received on Bid No. B83-6 reviewed by the Council as follows: VENDOR MAKE Equipment Center of Alvin Case 580D Landsdowne Moody Company, Inc. Ford 555 Case Power & Equipment Co. Case 580D PRICE $22,633.23 DELIVERY DATE ALTERNATE (ITEM 1A) One Day $25,553.00 10 - 120 Days $21,750.00 Hyco Equipment Inc. John Deere 310B $26,428.00 $704.53 Down $704.53 /Mo. - 35 Mos. $830.38 Down $830.38 /Mo. - 35 Mos. $677.22 Down Two Weeks $677.22 /Mo. - 35 Mos $ 0 Down ._ In Stock 822.70 /Mo. - 36 Mos. City Manager recommended that the bid be awarded to Case Power & Equipment Company on a Lease/Purchase arrangement. Purchase price $21,750.00 with 8% interest, being $677.22 down and 35 monthly payments of $677.22 for a total cost of $24,379.92. It was moved by Councilman Mack, seconded by Councilman Bost that Bid No. B83-6 be awarded to Case Power and Equipment Company on a Lease/Purchase basis of $677.22 down and 35 monthly payments of $677.22, making a total of $24,379.22, this representing the cash price of $21,750 plus 8% interest; also, that the Mayor be authorized to sign the Contract. Motion passed 5 to 0. ELECTION OF MAYOR PRO TEM: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Councilman Mack be elected Mayor Pro Tem of the City Council. Motion passed 4 to 0. Councilman Mack abstained. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:10 P. M. - ARTICLE 6257-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (f) AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:00 P. M ADJOURN: Meeting adjourned at 10:01 P. M. Minutes approved as submitted and/or corrected this the _day of , A. D., 1983. �Y1�tJ Mayor ATTEST: d ty Secretary