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1983-06-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 27, 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 Charles R. Mack Al Lentz Terry Gray Dennis Frauenberger James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Ray Blaylock, Civil Defense Coordinator for the City. The Pledge of Allegiance was led by Chief of Police Glenn Stanford. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the minutes of the Regular Meeting held on June 13, 1983, be approved as submitted. Motion passed 3 to 0. Councilman Lentz and Councilman Bost abstained. It was moved by Councilman Frauenberger, seconded by Councilman Gray that the minutes of the Special Meeting held on June 17, 1983, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid called on Mr. Bill Frascino, President of the newly formed "Pearland 100 Club" to explain to the audience the purpose of this Organization. Mr. Frascino explained that this Organization was formed to assist Pearland policemen in the same manner as the Houston's 100 Club. Mr. Joe Singleton, a member of the Board of the Pearland 100 Club, explained that this Organization's purpose was to help policemen and their families at a time of. -major sickness, in3ury, or death. They -would --try to obtain. -money to assist -in the payment of the bills, establish scholarship funds for the children's education, and other beneficial assistance to the family in time of need. Mr. Frascino advised that this Club would receive its Charter within a few weeks, and that the money given to this Organization would be tax deductible. COUNCIL ACTIVITY REPORTS: Councilman Bost reported that, due to a meeting with the Planning Board of the School, he would likely be late at the Budget Workshop Meeting. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS RESOLUTION NO. R83-13, A RESOLUTION OF THE CITY OF PEARLAND,-GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION (MUD 6): Mr. Clay Crawford, representing MUD 6, appeared before the City Council and advised that he had made various changes in the proposed Resolution after a conference this past week with City Attorney Bobby Will_iams,and City Manager Ronald Wicker. The City Council posed several questions to Mr. Crawford relating to the water and sewer charges, size of lots, and fire and EMS service to the area. It was moved by Councilman. Bost, seconded by Councilman Frauenberger that the minimum lot size for residential lots developed in MUD 6 be 60' x 110'. Motion passed 5 to 0. Resolution No. R83-13 read in full by Councilman Mack and Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Bost that Resolution No. R83-13 be passed and approved on first and only reading with the following amendments: (1) Ordinance referred to in the Resolution for creation of MUD to be Ordinance No. 411 and 411-1; (2) That the size of the residential lots be included in the Resolution as 60' x 110'; and (3) Building set back line from pipeline easement as 75 feet from pipe- line right-of-way easements. Said Resolution No. R83-13 reads in caption as follows: RESOLUTION NO. R83-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION. Voting "Aye Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS NEW BUSINESS REQUEST BY CRYSTAL HOMES, INC. FOR ANNEXATION OF NASAWOOD SUBDIVISION: Mr. Bazel E. Crowe, representing Crystal Homes, Inc., appeared before the City Council with a request for annexation of a proposed subdivision which lies partly in the City, County and Extraterritorial Jurisdiction of the City. Petition for annexation of the property, not inside the City, was submitted. It was moved by Councilman Lentz, seconded by Councilman Bost that the Petition for annexation be accepted into the records of the City, and that the City begin the necessary annexation proceedings. Motion passed 5 to 0. sPt'�o A NOMINATION OF A REPRESENTATIVE TO THE 9-1-1 EMERGENCY PHONE SYSTEM BOARD: Mayor Reid advised the City Council that we have been called upon to make a nomination to the 9-1-1 Emergency Phone Board and submit that name to the President of the Harris County Mayor's and Councilman's Association. The selection of a Board Member to repre- sent the cities will be held on July 21, 1983, and after selection the name of the representative will be forwarded to Commissioner Tom Bass, who will submit it to the Commissioner's Court. Mayor Reid suggested to the City Council that theCityof Pearland nominate Ray L. Blaylock, Jr., Civil Defense Emergency Management Coordinator for the City. It was moved by Councilman Bost, seconded by Councilman Lentz that the City of Pearland nominate Ray L. Blaylock, Jr., as a member of the 9-1-1 Emergency Board. Motion passed 5 to 0. UNFINISHED BUSINESS: (Continued) ENGINEERING CONTRACT FROM H. PLATT THOMPSON ENGINEERING COMPANY, INC. FOR DIXIE FARM ROAD: City Manager Wicker advised the City Council that this Contract was in line with the previous discussions with Mr. Thompson when he appeared before the City Council regarding the engineering work on Dixie Farm Road, and recommended that this Contract be accepted by the City. Resolution No. R83-15 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R83-15 be passed and approved on first and only reading. Said Resolution No. R83-15 reads in caption as follows: RESOLUTION NO. R83-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, AND H. PLATT THOMPSON ENGI- NEERING CO., INC. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Lentz and Councilman Mack. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) REVIEW AND POSSIBLE AWARD OF BID NO. B83-9, 1983 STREET MAINTENANCE PROGRAM: Bids reviewed as follows: BROWN & ROOT IKE HALL, INC. ITEM UNIT UNIT NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL 1 Scarifying & Reshaping 2,133 s.y. .65 $ 1,386.45 1.05 $ 2,239.65 Base Course 2 Lime Treatment for 40,327 s.y. 1.12 $ 45,166.24 1.81 $ 72,991.87 Materials in Place ITEM NO. DESCRIPTION BROWN & ROOT UNIT ITY PRICE TOTAL "? kms«' .v ,�, it ab IKE HALL, INC. UNIT PRICE TOTAL 3 Hydrated Lime (Slurry 344 Tons 85.00 $ 29,240.00 84.15 $ 28,947.60 Placement) 4 Prime Coat (Asphaltic 42,460 s.y. .28 $ 11,888.80 .29 $ 12,313.40 Material, MC -30) 5 One Course Surface 36,872 s.y. .85 $ 31,341.20 1.06 $ 39,084.32 Treatment 6 Two Course Surface 1,300 s.y. 1.70 $ 2,210.00 5.78 $ 7,514.00 Treatment TOTAL $121,232.69 $163,090.84 CALENDAR DAYS FOR COMPLETION 90 90 City Manager Wicker read a memo dated June 27, 1983, from Paul Pondish regarding his review of the bids wherein he recommended that Brown & Root, Inc. be awarded the bid as the lowest bidder in the amount of $121,232.69. In addition, Mr. Pondish recommended that the Council's motion setting a maximum of $100,000 be amended to show additional funds for this bid. He advised that these funds are available in this year's budget. City Manager Wicker recommended this action to the Council. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B83-9 be awarded to Brown & Root, Inc., in the amount of $121,232.69, and that the previous motion settinga maximum of.$100,00 be amended and increased to $121,232.69. Also, that the Mayor be authorized to sign the Contract. Motion passed 5.to 0. A discussion was held regarding, possibly, increasing.the amount of work to be done under this Contract since the per/unit bid price was relatively lower than was expected. City Attorney Williams advised that the Contract would have to be limited to an addi- tional change order of 25% over the total price bid. The City Council requested that the Staff look at additional streets that might be included in this 25%, and bring this information back to the City Council. ORDINANCE NO. 458, AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE TO ALLOW OPEN -DITCH SECTION STREETS: City Manager Wicker explained that for sometime we have been developing the framework for open -ditch subdivisions. This will be happening in two different phases; the first being an ordinance amending the subdivision ordinance to permit this type of develop- ment, and by the second reading of this ordinance, there will be a revised set of specifications for streets that could exist in this type of development. Ordinance No. 458 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 458 be passed and approved on first of two readings. Said Ordinance No. 458 reads in caption as follows: ORDINANCE NO. 458 AN ORDINANCE AMENDING CHAPTER 27, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 0 Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 5 to 0. City Attorney called attention to the fact that this ordinance applies to residential lots only. AUTHORIZATION TO BID BRIDGE MATERIALS FOR JOHN LIZER EXTENSION: City Manager Wicker advised the City Council that some six years ago an agreement was -- reached with a property owner to install a timber bridge for the extension of John Lizer Road to Mary's Creek West in exchange for some right-of-way. Some of the materials for this bridge are on hand at this time; however, we need the authorization to bid the remaining bridge material so that the Brazoria County Drainage District No. 4 can plan construction of this bridge sometime this fall or winter. A discussion was held regarding the load limit on this type of bridge and the fact that this bridge will likely be used by vehicles for development of quite a large area of land that is presently undeveloped. After review of the document relative to this matter, it was brought out that this bridge was to be installed after approval of plans for subdivision. At this time, the plans for development of the property have not been approved. City Manager Wicker advised that certain developers have indicated if they developed the property, they would like to discuss with the City upgrading the bridge. Mr. Wicker stated that the cost to the City for a timber bridge would be approximately $40,000. Also, we would need to look into the FEMA implications in this matter. It was moved by Councilman Gray, seconded by Councilman Lentz that this matter be I tabled until we have granted approval of a subdivision. �-- Motion passed 4 to 1. Councilman Frauenberger opposed. PAYMENT OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following items be approved for payment from the appropriate funds: (1) Caldwell Tanks, Inc. - Partial Payment Estimate No. 4, $39,195.00 (Elevated Water Tank at McLean Road Site), and $77,927.40 (Elevated Water Tanks at Alice Street and Liberty Road Sites; (2) Losco Building Systems, Inc. - Invoice No. 1198 (Woodcreek Fire Station Expansion) - $6,675.70; (3) Langford Engineering Inc. - Services thru May 25, 1983 for Investigation, Study and Report on Sanitary Sewer System Rehabilitation - $1,280.29; (4) Stone Construction Company, Inc. - Payment No. 3 (for period May 17, 1983 to June 20, 1983) - Library & Community Center - $122,444.00. Motion passed 5 to 0. A request was made for a status report from Langford Engineering, Inc. and R. Wayne .! Smith Co. OTHER BUSINESS: It was moved by Councilman Gray, seconded by Councilman Mack that the absence of Al Lentz and James Bost from the regular meeting of June 13, 1983, be shown as "Excused Absence". Motion passed 3 to 0. Councilman Lentz and Councilman Bost abstained. Mayor Reid called for Executive Session at 9:10 P. M. under Article 6252-17, Texas Revised Civil Statutes, Section 2, Subsection (g) Personnel. Reconvened to Open Meeting at 9:37 P. M. UNFINISHED BUSINESS: (Continued) RATIFICATION OF CITY MANAGER'S APPOINTMENT FOR MEMBER OF CIVIL SERVICE COMMISSION: City Manager Wicker recommended that this item be placed on the next regular agenda. I^ NEW BUSINESS: (Continued) BUDGET REQUEST FROM MENTAL HEALTH/MENTAL RETARDATION: Mrs. Norma Flory, Director of Client Services for Brazoria County, appeared before the City Council requesting that the money allocated in the 1982-83 budget be released. Ms. Eernisse from Alvin and Ms. Taylor from Pearland were present from this organization to answer questions also. These representatives discussed the current management's procedures with the City Council. Mayor Reid stated that this item would be placed on the next agenda for Council's consideration. AMENDMENT OF ANNUAL COMPENSATION FOR CITY MANAGER: It was moved by Councilman Gray, seconded by Councilman Lentz that the salary of Ronald J. Wicker, City Manager, be increased $2,500.00 per year, or from $40,000 a year to $42,500 a year, effective July 1, 1983. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:15 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1983. ATTEST: 3 ity §ecretary Mayor