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1983-04-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 25, 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 Acting City Attorney City Secretary Tom Reid Charles R. Mack Al Lentz James E. Bost Dennis Frauenberger Terry Gray Ronald J. Wicker Ben Best Dorothy L. Cook Absent from the Meeting: City Attorney Bobby Williams INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Mayor Pro Tem Mack. APPROVAL OF THE MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the regular meeting held on April 11, 1983 be approved as corrected. Motion passed 5 to 0. TRT V/1n I o T nm-rc�-rmv ncnnnm _ Mayor Reid issued the following proclamations: ABWA Education Month - Proclamation received by President of the Rosette . Chapter, Jeanne Savell; Proclamation received by President of the Peartree Chapter, Linda Bean. Texas Nursing Home Week - Proclamation received by Sylvia Donnelly of Windsong Village Convalescent Center. Mayor Reid reported that Lois Toll, a long-time employee of the City, is recovering nicely. A communication from Omer F. Poorman, dated April 15, 1983, was read by Mayor Reid. This letter outlined the suggested projects on the 1983-1986 Federal -Air Urban System Program. This item to be placed on the agenda of the next regular Council meeting for discussion and recommendation for projects. Mayor Reid recognized Mr. Guy Roberts, the newly -elected Executive Vice President of the Pearland Area Chamber of Commerce. r-- COUNCIL ACTIVITY REPORTS: Councilman Mack requested a Workshop Meeting between the City Council and the Planning & Zoning Commission to finalize the revised Land Use Ordinance; Workshop to be held at 7:30 P. M. next Monday, as requested. Councilman Frauenberger, as liaison between the Library Board and the City Council, read a letter from Faye Hunter, President, requesting an addendum to the Contract covering the new Library and Community Center. This addendum would cover a furnished rear pro- jection room and would cost approximately $10,100.00. This item to be on next Council agenda. DEPARTMENTAL REPORTS: City Manager Wicker stated that activity on the new Library and Community Center Building has begun, and invited members of the audience and the Council to go out and look at the progress. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. REQUEST BY ENTEX, INC. FOR RATE CHANGE PERSONS WISHING TO SPEAK FOR THE PROPOSED RATE CHANGE: Mr. Roy Baker, District Representative of Entex, Inc., advised that the changes made in the file of revised Rate Schedule No. R-717-2 and No. SC -717-2 contains the proposed revisions applicable to Pearland. Mr. Baker pointed out that the 714 -per -bill increase occurs in the first block of Net Monthly Rate and corresponding Minimum Monthly Bill. The other changes in the Rate Schedules are the result of falling the current cost of gas into the base rates. Mr. Baker also stated that Pearland has always been figured on their own cost of gas, and if Entex is allowed to roll in the cost of gas for the Texas Coast Division, it will actually reduce the average bill in Pearland by $1.54 per month. Pearland area has only two suppliers whereas the Texas Coast Division has several; therefore, Entex, Inc. is able to buy cheaper from this source. Mr. Baker advised the Council that if they concurred with this, that no action was necessary. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: J. R. Nail, 3501 E. Plum Street - Mr. Nail asked if the price of gas is going down at this time would there really be any need for an increase. QUESTION AND ANSWER PERIOD: Councilman Lentz complimented Entex, Inc. on its previous service to the citizens of Pearland. Councilman Gray asked for information on the amount of dividend paid by Entex, Inc. in 1982. He was advised by Tom Tyson of Entex that the dividend was $1.07 per share. Councilman Bost asked how often a change in the cost of gas is calculated in the rates. He was advised by Mr. Baker that this occurred every six months. City Manager Wicker stated that he reviewed the cost of gas for Pearland compared to the cost for the Texas Coast Division and overall it would have been lower had we been in this Division. ADJOURN: Hearing adjourned. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON REQUEST BY ENTEX, INC. FOR RATE INCREASE: It was moved by Councilman Mack, seconded by Councilman Gray that we take no action on the request by Entex, Inc. for a rate increase. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: (Continued) 2. LAND USE CHANGE - APPLICATION NO. 120, LOUIS A. CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA, OWNERS FROM CLASSIFICATION PLANNED UNIT TO MOBILE HOME PARK ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: Lots 13 and 14 of the F. B. Drake Survey, Section 12, Abstract 508, Brazoria County, Texas, Containing 80 Acres of Land, more or less, said property being located between Pearland Sites and McLean Roads at the South City Limits. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: i Louis Corte, Agent, spoke to the City Council and advised that developers wished to build a Mobile Home Park in accordance with the requirements of the City of Pearland's Mobile Home Ordinance. This park would contain 537 spaces in 25 blocks and would be developed by D -H Development Corporation of Conroe, Texas. Mr. Corte spoke of the need for a properly constructed park according to Pearland's regulations rather than a park built outside the City Limits built without regulations. Mr. Corte also spoke of the economic impact to the Community of this development. Mr. Don Huffman of D -H Development made a slide presentation of a Mobile Home Park similar to the one planned in Pearland. For comparison he also presented some existing mobile home parks in the Pearland area. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Mr. Nathan Morrow presented the following petition, signed by some 20 homeowners in Ryan Acres: Mayor Reid and City Councilmen: We, the undersigned residents of the City of Pearland, Texas, wish to bring to your attention two points before you approve the proposed mobile home park between McLean Road and Pearland-Sites Road. First --both McLean Road and Pearland-Sites Road are now in need of repair over and above normal maintenance. If a mobile home park of this magnitude is to be approved, McLean Road needs to be brought up to State of Texas specifications. Second --the sewer -lift station which serves Ryan Acres subdivision is barely adequate to handle Ryan Acres. In fact, we have to call the city for emergency service several times per year. Ryan Acres has only 17 homes. Therefore, a lot of additional sewerage facilities would be needed before approval of a mobile home park. Until these facilities and improvements are made, we ask that the property in question remain P. U. Sincerely, Others speaking against the Mobile Home Park: A. R. Miles - 5727 Colonial Drive; rl_ Mary Edwards, Houston, Texas (Owner of property inside of City); Mary Groce - 16103 Lee Lane; Isaac Punkney, Jr., Route 5, Box 5330, Pearland; W. E. L. Hartman, Houston, Texas (Owner of property inside of City); Joe Ann Stacy, 6719 Confederate; Matt Mathews, Lee Road; Mrs. L. W. Janek, Route 5, Box 334; Eileen McBride, Winnie, Texas (Owner of property inside City). QUESTION AND ANSWER PERIOD: Several questions were posed to the proposed developer of the property relating to density, where other Mobile Homes have been built, Mobile Home restrictions here in comparison to other areas where they have built, and other questions pertinent to the subject. The question as to whether or not a mobile home is considered single family as it relates to the Comprehensive Plan was discussed by the Council. Also, it was felt that the drainage plans and looping of the water system has not been properly addressed _ in the plans. LETTER FROM THE PLANNING & ZONING COMMISSION: Mayor Reid read into the records a letter from the Planning & Zoning Commission dated March 23, 1983, as follows: March 23, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on March 22, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 120, Louis A. Corte, Agent for Wayne Miller and Dorothy Miller Cortemeglia, Owners, for an amendment to the Land Use and Urban Develop- ment Ordinance from classification Planned Unit (PU) to Mobile Home Park (MH). After hearing the evidence for and against, the Commission discussed their concerns about the sewage and drainage for the mobile home park and took into consideration the objections of the residents in that area. A motion was made by Leroy Savoie, seconded by Hardie Barr, that the Planning and Zoning Commission recommend to the City Council that Application No. 120 for a zone change from Planned Unit to Mobile Home Park be denied. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Bill Frascino Bill Frascino, Vice -Chairman Planning & Zoning Commission BF:kk HEARING ADJOURNED COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY 32 PRESENT AT HEARING MEETING RECESSED AT 9:55 P. M. - RECONVENED AT 10:00 P. M. NEW BUSINESS: (Continued) -- COUNCIL DECISION ON APPLICATION NO. 120, LOUIS CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA, OWNERS - CLASSIFICATION PU TO MH: It was moved by Councilman Gray, seconded by Councilman Lentz that this item be tabled until the next regular council meeting for the purpose of determining the constitution- ality of this request versus our Comprehensive Development Plan; and also to review the drainage and water situation that is part of this request and which would have to be part of any ordinance prepared. Motion passed 5 to 0. UNFINISHED BUSINESS: ENGINEERING PROPOSAL FOR DIXIE FARM ROAD PAVING PROJECT SUBMITTED BY H. PLATT THOMPSON ENGINEERING COMPANY, INC.: H. Platt Thompson Engineering Company, Inc. presented the following proposal: Mr. Ronald J. Wicker City Manager City of Pearland P. O. Box 1157 Pearland, Texas 77581 Dear Mr. Wicker: 14 April, 1983 RE: Engineering Proposal for Dixie Farm Road Paving Project As per your request, this office performed an on-site inspection and preliminary soils investigation of Dixie Farm Road from McDonald Road to the Pearland City Limit line. The following is a summary of our findings. 1. The roadway is heavily traveled with a constant flow of traffic at all times. The City has erected a "No Truck" sign at the City Limit line and the FM 518 intersection; however, truck traffic was observed utiliz- ing the roadway in spite of the sign posting. Harris County is presently widening Choate Road into a four -lane boulevard from I.H.45 to Beamer Road. It can be anticipated that traffic volume will increase considerably when Choate Road construction is completed and open to through traffic. 2. The existing wooden bridge crossing Clear Creek has limited load capacity. The opening of Choate Road will invite more through truck traffic because Harris County has not posted any restrictions on Choate Road. It is doubtful that motorists will turn around at the City Limit line when the section of roadway east of the City Limit line allows truck traffic. 3. The preliminary soils investigation indicates that the existing subgrade is highly plastic clay material. The test borings indicate that no lime stabilization was used in the subgrade preparation. The subgrade soil can experience significant volume change with variations in moisture content. The existing fill reflects good compaction and density and can remain in place. 4. The existing roadway was constructed in the flood plain of Clear Creek. There is standing water along both sides of the roadway at McDonald Road. This office cannot determine the extent of the present drainage pattern and direction of flow without further investigation and field surveys. It is understood that the City has a limited budget and construction time for roadway improvement. Choate Road construction is scheduled to be completed within the next 30 to 45 days. Therefore, it is recommended that the City bypass the pre- liminary engineering report and authorize the preparation of construction plans and specifications immediately in order to commence construction as soon as possible. This office is submitting the following three improvement programs for your consider- ation. 1. The existing roadway from McDonald Road to the City Limit line shall be re- moved and reconstructed with a concrete pavement plus shoulders. The existing bridge shall remain in service, and a load limit restriction shall be enforced. The paving design shall match the anticipated traffic condition. This construction cost is estimated to be $531,300.00. The engineering fee as determined by the Texas Society of Professional Engineers Curve of Median Compensation Curve "B" equals 6.9 percent of the construction or $36,660.00_ The cost of the topography survey for the roadway design shall be based on our current per diem rate, not to exceed $14,000.00. Addi- tional soil testing for pavement design shall be invoiced at actual cost plus ten per- cent (100), not to exceed $3,300.00. In addition to the preparation of construction plans, a right-of-way investigation and survey is required to establish the roadway alignment and to determine the necessity of acquiring additional right-of-way. There are a number of pipelines constructed along and crossing the roadway. The engineering fee for the survey shall be invoiced at our current per diem rate, not to exceed $16,750.00. 2. The anticipated traffic volume will inevitably overload the existing wooden - bridge. Through truck traffic will increase between I.H.45 and FM518. The replace- ment cost of the existing bridge with a concrete structure is estimated to be $275,000. The engineering fee as determined by the Texas Society of Professional Engineers Curve of Median Compensation Curve "A" equals 9.6 percent of the construction cost or $26,400.00. The cost of the required survey shall be based on our current per diem rates, not to ex- ceed $2,700.00. Soil testing for bridge design shall be invoiced at actual cost plus ten percent (100), not to exceed $2,000.00. 3. The engineering fee for the investigation to establish the existing drainage pattern of the flood plain of Clear Creek and to recommend a solution to the standing water along the roadway shall be $13,400.00. The required field survey shall be invoiced at our current per diem rate, not to exceed $7,800. The above improvement programs outline the scope of work and the associated costs. If you have any questions regarding these programs, please give me a call and I will do my best to answer them. It has been a pleasure working for the City of Pearland. Very truly yours, H. PLATT THOMPSON ENGINEERING COMPANY, INC. /s/ H. Platt Thompson, P.E. H. PLATT THOMPSON, President PPK:sg Mr. Thompson stated that, basically, the results of the compaction tests on Dixie Farm Road were good. The reason that the City is having trouble with this road is the un- expected heavy traffic load. He suggested that with use of lime stabilization'and concrete he could design a road that would adequately handle the traffic. He presented some cross sections made by his staff of this road. After discussion regarding the condition of the bridge, Mr. Thompson stated that he felt with load limits on this bridge that it could be utilized. This road would have to be closed from four to six months during the .construction. Engineering would take three to four months on this project. Mr. Thompson stated that he felt the drainage problem should be addressed on this project. It was moved by Councilman Lentz, seconded by Councilman Gray that H. Platt Thompson Engineering Company, Inc. be authorized to submit the necessary engineering fee for preparation -of a contract for doing the engineering on Dixie Farm Road from McDonald Drive to the North City Limit line based on the construction of the roadway and drainage work. This to be included in one contract and come under one set of con- struction fees. Motion passed 5 to 0. Mr. Thompson advised the City Council that he felt a determination should be made on the location of John Lizer Road and a right-of-way and acquisition map prepared. A Workshop meeting will be called on this project by Mayor Reid. APPROVAL OF APPLICATION FOR CITY TO APPLY FOR GRANT THROUGH H -GAC FOR PURCHASE OF RADIO BASE STATION - REPEATER SYSTEM CONSOLE FOR POLICE DEPARTMENT: City Manager Wicker advised that this application likely would not be considered this year; however, at least we will have our name in for possible funding next year. The proposed funding would be $14,050.00 State and $12,950.00 Local. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the City Manager be authorized to submit this application. Motion passed 5 to 0. RESOLUTION NO. R83-11, PROVIDING APPROVAL OF AGREEMENT WITH STATE OF TEXAS FOR INSTALLA- TION OF A TRAFFIC SIGNAL ON FM518 & COUNTY ROAD 103. (HARKEY & 0 DAY : Resolution No. R83-11 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Mack that Resolution No. R83-11 be passed and approved on first and only reading. Said Resolution No. R83-11 reads in caption as follows: RESOLUTION NO. R83-11 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED APRIL 251 1983, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PRO- VIDING FOR THE EXECUTION OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman-Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ZONING BOARD OF ADJUSTMENT: It was moved by Councilman Mack, seconded by Councilman Bost that the following be re- appointed as members of the Zoning Board of Adjustment. Victor Nolen, Chairman Robert Wasinger E. A. Wasek H. V. Mingerelli Tom Scott 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 out of the appropriate funds: a. Invoice No. 4391 (Final Invoice No. 2) H. Platt Thompson Engineering Company for Supplement to Preliminary Engineering Report —Magnolia -John Lizer Road Paving Project, in the amount of $6,000.00; c. Invoice No. 3316-- Langford Engineering Inc. for Investigation Study and Report on Sanitary Sewer System Rehabilitation, in the amount of $1,858.60. tq`7f) d. Statement No. 282 - R. Wayne Smith Consulting Engineers, Inc. for professional service rendered, Drainage Improvements, in the amount of $12,240.23; e. Invoice No. 57399 - Caldwell Tanks, Inc. for McLean Road Water Tank & Invoice No. 57359 - Caldwell Tanks, Inc. for Alice Street & Liberty Road Water Tanks, in the amount of $131,228.10 and $84,843.90. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that Application 1, Stone Construction Company for Library and Community Center Building, in the amount of $93,798.00 be approved for payment after the contract is checked to make sure the five percent (50) is the correct amount of retainage. Motion passed 5 to 0. OTHER BUSINESS: No Executive Meeting was held. ADJOURN: Meeting adjourned at 10:50 P. M. Minutes approved as submitted and/or corrected this the 9 day of , A. D., 1983. Mayor ATTEST: City Secretary