1983-05-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
MAY 23, 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 Pro Tem
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Absent from the meeting: Mayor Tom Reid
INVOCATION AND PLEDGE OF ALLEGIANCE:
Charles R. Mack
Al Lentz (entered at 8:12 P.M.)
James E. Bost
Dennis Frauenberger
Terry Gray
Ronald J. Wicker (entered at 8:20 P.M.)
Bobby Williams
Dorothy L. Cook
The Invocation was given by Councilman Bost. The Pledge of Allegiance was led by Art
Scherrer, Commander of V. F. W. Post 7109.
APPROVAL OF MINUTES:
It was moved by Councilman Bost, seconded by Councilman Frauenberger that the minutes of
the regular meeting held on May 9, 1983, be approved as submitted.
Motion passed 4 to 0. Councilman Lentz not present at this time.
MAYOR'S ACTIVITY REPORT:
Mayor Pro Tem Mack presented a Proclamation to representatives of the V. F. W. and
Ladies Auxiliary, proclaiming May 27, and May 28, 1983 as "Buddy Poppy Days" in
Pearland. Commander Scherrer advised that the V. F. W. would be holding Memorial Ser-
vices at the City Park at 9:00 A.M. and at the South Park Cemetery at 10:00 A.M. on
Memorial Day.
COUNCIL ACTIVITY REPORTS:
Councilman Gray complimented Tax Collector Barbara Lenamon on the collection of 99.8%
of the current taxes and 60.8% of the delinquent taxes.
DEPARTMENTAL REPORTS:
Paul Pondish, Director of Public Services, reported on a meeting in Alvin held by Sen-
ator Buster Brown regarding the proposed BFT Landfill in Ft. Bend County. Most present
were people using water from the Brazos River Authority who were concerned that the
water might become contaminated. This group has hired a consultant to advise them in
this area of concern, and, at this point, they are neither pro or con. Most of those
opposed were developers of large tracts of land in the area of the proposed landfill.
City Engineer Dick Qualtrough advised that the new overhead water storage tanks were
moving along in good order and the Alice Street tank is now being tested for leaks
before the painting is started.
CITIZENS:
Louis A. Corte spoke to the City Council regarding Application No. 120. He advised
that his clients were agreeable to amend the application to cover 40 acres rather than
80 acres. This acreage being the portion on the Pearland Sites Road with the ingress
and egress being Pearland Sites, Highway 35 and Walnut. He asked that the City Council
take this into consideration when deliberating on Application No. 120.
DOCKETED PUBLIC HEARINGS:
None
UNFINISHED BUSINESS:
APPLICATION NO. 120, LOUIS CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA
LAND USE CHANGE FROM PU TO MH:
At the request of the City Attorney, Mayor Pro Tem Mack called for an executive session
I' --
under Article 6252-17, Texas Revised Civil Statutes, Section 2, Subsection (e) Legal
at 7:44 P. M.
Returned to open session at 7:58 P. M.
It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Council's
decision on Application No. 120 be removed from the table and considered at this time.
Motion passed 4 to 0. Councilman Lentz not present at this time.
It was moved by Councilman Bost, seconded by Councilman Frauenberger that Application
No. 120 be disapproved as it is not in accordance with the Comprehensive Development
Plan Map of the City of Pearland.
Motion passed 3 to 1. Councilman Gray opposed; Councilman Lentz not present at this
time.
RESOLUTION NO. R83-12, A RESOLUTION DESIGNATING 1983-86 FEDERAL AID URBAN SYSTEM FUNDS
TO THE WIDENING OF HIGHWAY 518 FROM WESTMINISTER DRIVE EAST TO GALVESTON COUNTY LINE:
Resolution No. R83-12 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Bost.that Resolution No.
R83-12 be passed and approved on first and only reading. Said Resolution No. R83-12
reads in caption as follows:
RESOLUTION NO. R83-12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REAFFIRMING THE NOMINATION OF PROJECTS TO BE CON-
SIDERED IN THE 1983-86 URBAN SYSTEM PROGRAM THROUGH THE
STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.
Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack and Council-
man Bost.
Voting "No": None
Motion passed 4 to 0. Councilman Lentz not present at this time.
ORDINANCE NO. 454, AN ORDINANCE ORDERING THE RATES TO BE CHARGED BY ENTEX, INC.:
Ordinance No. 454 read in caption by Councilman Bost. (Second Reading)
It was moved by Councilman Bost, seconded by Councilman Gray that Ordinance No. 454
be passed and approved on second and final reading. Said Ordinance No. 454 reads in
caption as follows:
ORDINANCE NO. 454
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND
ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS
AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUS-
TOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING
THE EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
Voting "Aye": Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman
Gray.
Voting "No": None
Motion passed 4 to 0. Councilman Lentz not present at this time.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
APPROVAL OF TRAFFIC CONTROL DEVICES, SUBMISSION NO. 42, FOR STOP SIGNS:
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Traffic
Control Devices, Submission No. 42, be approved and ratified by the City Council as —
follows:
One stop sign on the Southwest corner of Shadybend and Liberty Dr.;
One stop sign on the Southwest corner of Laura Ln. and Liberty Dr.;
One stop sign on the Southwest corner of Colleen Dr. and Liberty Dr.;
One stop sign on the Southwest corner of Parkview Dr. and Liberty Dr.;
One stop sign on the Southwest corner of Julie St. and Liberty Dr.;
One stop sign on the Southwest corner of Stacy Dr. and Liberty Dr.;
all facing Northwest requiring the traffic on said streets to stop prior
to entering into Liberty Drive.
Motion passed 5 to 0.
Councilman Lentz present at 8:12 P. M.
STREET MAINTENANCE PROGRAM:
Paul Pondish, Director of Public Services, referred to a list submitted to the City
Council categorizing the streets by priorities suggested to be included in the Street
Maintenance Program.
We have $225,000.00 in the budget for resurfacing on this year's program, and he rec-
ommended that we go out for bids on one and two course penetration program on Priority 1
and Priority 2 Streets in the amount of approximately $100,000.00. Mr. Pondish asked
that the City Council approve the going out for bids on the remaining $125,000.00 for
resurfacing of Liberty Drive from Highway 518 to Shadybend Drive with concrete.
A discussion was held regarding this project and of the possibility of using a 90/10
participation for reconstruction of this portion of Liberty Drive. This.would be for
concrete street with curb and gutters. This would be approximately 1530 feet in this
project. Drainage of this section of Liberty Drive was discussed by the Council. It was
moved by Councilman Lentz, seconded by Councilman Bost that the Staff be authorized to bid
the street maintenance program for the $100,000.00 maximum. Motion passed 5 to 0.
It was moved by Councilman Lentz, seconded by Councilman Gray that the Staff be authorized
to proceed with preparation of a 90/10 assessment ordinance for Liberty Drive from High-
way 518 to Shadybend Drive and Galveston Avenue from Highway 518 to Walnut. Motion passed
5 to 0.
UNFINISHED BUSINESS: (Continued)
ENGINEERING PROPOSAL FOR DIXIE FARM ROAD PAVING AND DRAINAGE PROJECT: ,.....
City Manager Wicker stated that at the last meeting of the Council some questions were
raised regarding the proposal for a contract submitted by H. Platt Thompson, and that
Mr. Thompson was present at this meeting to discuss this proposal with the Council.
279
Mr. Thompson advised that he had marked a "General Engineering Service" Manual in areas
of interest to the City Council, and that he was present to answer any questions the
City Council might have regarding his Engineering Proposal dated April 27, 1983, for
Dixie Farm Road Paving Project.
Mr. Thompson was advised by the Council that Items 2 and 3 of the proposal were the main
interest of concern, since they felt Item 1 to be satisfactory. Under Item 3, Mr.
Thompson stated that they intended to run 50 to 60 cross-sections to determine the
flood plain. He also stated that he was willing to make a counter offer to Item 3.
This offer would be that he, along with representatives of the City and Drainage
District, would walk this area to find where the culverts were located on Dixie Farm,
the size, and walk it downstream where it discharges into Clear Creek; and if we can,
get the Drainage District to clean out the stoppage.
Mr. Thompson discussed the right-of-way investigation, as outlined in Item 2, and the
right-of-way problems related to this road.
It was moved by Councilman Gray, seconded by Councilman Lentz that H. Platt Thompson
Engineering Company, Inc., to proceed with the engineering proposal on the Dixie Farm
Road Paving Project, dated April 27, 1983, excluding Item 3, with H. Platt Thompson
preparing the necessary engineering contract.
Motion passed 5 to 0.'
NEW BUSINESS: (Continued)
ALLOCATION AGREEMENT WITH DEVELOPERS OF MUD 6:
City Attorney Bobby Williams advised that he and the City Manager met with Mr. Clay
Crawford, representing MUD 6, on the allocation agreement. He stated that the main
consideration was that the project developers were concerned about being able to com-
plete their project before any type of annexation would be made by the City. He stated
that, basically, this allocation agreement would be limitation factors whereby the City
Council would not annex until after the developers have completed their development.
This also takes into consideration that they must complete the projects within the
time period. This is a memorandum of intent and the allocation agreement itself will
form a part of the consent resolution.
Due to the time frame involved, .it was suggested that a Special Meeting be called to
consider the Consent Agreement for MUD 6.
Mayor Pro Tem Mack called for a Special Meeting to be held at 7:30 P. M., Thursday,
June 2, 1983, to consider the Resolution of Consent for MUD 6.
Mr. Clay Crawford was requested to prepare the Resolution for approval by the City
Attorney by Friday, May 27, 1983.
ORDINANCE NO. 455, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PUBLIC PROPERTY WITHIN
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THE CITY OF PEARLAND - PORTION OF ALLEYWAY OF FIRST METHODIST CHURCH - BLOCK 11, OLD
TOWNSITE:
Ordinance No. 455 read in caption by Mayor Pro Tem Mack. (First Reading)
It was moved by Councilman Bost, seconded by Councilman Gray that Ordinance No. 455 be
passed and approved on first of two readings. Said Ordinance No. 455 reads in caption
as follows:
ORDINANCE NO. 455
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
SALE OF CERTAIN PUBLIC PROPERTY WITHIN THE CITY PURSUANT TO
SECTION 2 OF ARTICLE 5421C-12, VERNONS ANNOTATED CIVIL STAT-
UTES OF TEXAS, AS AMENDED; PROVIDING FOR THE CONSIDERATION
TO BE PAID FOR SAID PROPERTY; PROVIDING A SAVINGS AND SEV-
ERABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman
Bost and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 456, PERSONNEL ORDINANCE:
Buford Parrish, Personnel Director of the City, explained the various changes made in
the revised Personnel Ordinance.
Ordinance No. 456 read in caption by Councilman Lentz. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 456
be passed and approved on first of two readings. Said Ordinance No. 456 reads in
caption as follows:
ORDINANCE NO. 456
AN ORDINANCE ESTABLISHING CERTAIN PERSONNEL POLICIES AND
PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND; DEFIN-
ING BASIC OBJECTIVES; CONTAINING CERTAIN DEFINITIONS;
PROVIDING PROCEDURES FOR EMPLOYMENT AND SEPARATION; PRO-
VIDING FOR A PROBATION PERIOD; PROVIDING FOR A WAGE &
SALARY ADMINISTRATION; PROVIDING STANDARDS OF WORK AT-
TENDANCE AND LEAVE; ESTABLISHING WORKING RELATIONSHIPS;
ESTABLISHING A CONDUCT AND DISCIPLINE PROCEDURE; CON-
TAINING GENERAL PROVISIONS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND OTHER PROVISIONS RE-
LATING TO THE SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen-
berger, and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
APPROVAL OF THE FOLLOWING INVOICES:
It was moved by Councilman Lentz, seconded by Councilman Bost that the following be
approved for payment out of the appropriate funds:
(a) Application No. 2, Stone Construction Company, Inc., for Library and
Community Center, in the amount of $233,605.00;
(b) Estimate No. 1, Mercer Construction Company, for Gravity Sanitary Sewer
Line in Easement @ Barnett property, in the amount of $44,111.07;
(c) Invoice No. 3346, Langford Engineering, Inc., for Investigation, Study,
and Report on Sanitary Sewer System Rehabilitation, in the amount of $2,391.43;
(d) Invoice No. 57359, Caldwell Tanks, Inc., for Alice Street &'Liberty Rd. Water
Well,'in_the amount of $71,984.70;
(e) Invoice No. 57399, Caldwell Tanks, Inc., for McLean Road Water Well, in
the amount of $39,195.00;
(f) O'Day Drilling Company, retainage in the amount of $22,079.18, Booster
Pump Station and Ground Storage Foundation Water Wells.
Motion passed 5 to 0.
AUTHORIZATION FOR THE CITY TO PARTICIPATE IN SEWER LINE EXTENSION ON WOODCREEK DRIVE:
City Manager Wicker expressed to the Council the need for the extension of the sewer
line to serve the area on Highway 518 adjacent to the Woodcreek entrance. The
Minnetex Baptist Church will need to bring the line into serve their building, and
there are others planning to build in this area. City Manager Wicker asked that he
be authorized to work with the Minnetex Church to participate up to 50% of the
$30,132.00 cost of this extension.
It was moved by Councilman Gray, seconded by Councilman Lentz that the Staff be
authorized to investigate the participation in the Woodcreek Drive sewer line exten-
sion.
Motion passed 5 to 0.
AUTHORIZATION FOR PURCHASE OF LAND:
! Mayor Pro Tem Mack called for an Executive Session under Article 6252-17 Texas Revised
j Civil Statutes, Section 2, Subsection (f) Purchase, Exchange or Value of Real Property,
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at 9:30 P. M.
Reconvened to Open Session at 10:17 P. M.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City
Manager be authorized to negotiate for purchase of a tract of land adjacent to the
Longwood Sewer Plant.
Motion passed 5 to 0.
OTHER BUSINESS:
Recessed at 10:18 P. M. to Executive Session under Article 6252-17, Texas Revised
Civil Statutues, Section 2, Subsection (g) Personnel.
Returned to Open Session at 11:00 P. M.
No action.
ADJOURN:
The meeting adjourned at 11:00 P. M.
Minutes approved as submitted and/or corrected this the/ig day of
A. D., 1983.
Mayor
ATTEST:
I
i
ty Secretary