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1981-03-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 9, 1981, 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 Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE:. Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor. Reid. The Pledge of Allegiance was led by Mr. Dave Trombitas, Chairman of the Charter Review Commission. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on February 23, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Mr. Dave Trombitas, Chairman of the Charter Review Commission for 1981. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that a Committee Workshop would be held on March 16, 1981, at 7:30 P. M. to start working on possible changes in the Land Use & Urban Development Ordinance. This is the same committee that worked on the revisions in the Subdivision Ordinance. DEPARTMENTAL REPORTS: City Attorney Williams reported that a bill has been introduced in the Legislature regulating the resale gold dealers. He advised that he would be holding up the prep- aration of an ordinance, previously authorized, until he had an opportunity to review this legislation. CITIZENS: David Scott, 2228 N. Grand Blvd. - Mr. Scott appeared before the City Council with a complaint about dogs in his neighborhood. DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 90 - FRANK TOUSINAU, TRUSTEE LAND USE CHANGE: PU TO COMMERCIAL on 4.8328 acres of land located on the south side of Knapp Road, east of North Main Street, and out of Tract 77 of the Zichlinski Subdivision of the H. T. & B. RR Company Survey, Abstract No. 233, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None r PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: 1. Mrs. Pat Helfrich, President of the Clear Creek/Twin Creek Civic Club, read a letter into the records, addressed to the Mayor and City Council, outlining the reasons why the Civic Club opposed this zone change. 2. Pete Duran, Jr. - 1156 Robert Street 3. Gary Marshall - 3405 Lethbridge 4. K. J. Billamowicz - 1117 Nancy 5. W. H. McDaniel - 3112 Glastonbury 6. James Ressek - 1129 Roberts Street 7. C. W. Greenwood - 3419 Lethbridge 8. J. Furlow - 1139 Bobby Street 9. Dorothy Medearis - 1122 Roberts Street 10. Roy Reed - 1106 Roberts Street QUESTION AND ANSWER PERIOD: ADJOURN HEARING: (COMPLETE TAPE ON FILE IN OFFICE OF CITY SECRETARY. ATTENDANCE REGISTER - 27 NAMES) CHANGE IN ORDER OF BUSINESS: COUNCIL DECISION ON APPLICATION NO. 90, FRANK TOUSINAU; TRUSTEE: Mayor Reid read into the records a report from the Planning & Zoning Commission dated February 9, 1981, wherein the Commission voted unanimously to disapprove Application No. 90. It was moved by Councilman Gray, seconded by Councilman Lentz that Application No. 90, request for a Zone Change by Frank Tousinau, Trustee, be disapproved. Motion passed 5 to 0. MEETING RECESSED AT 8:20 P. M. MEETING RECONVENED AT 8:30 P. M. UNFINISHED BUSINESS: ORDINANCE NO. 424, AN ORDINANCE ANNEXING CERTAIN PROPERTY INTO THE CITY OF PEARLAND: Ordinance No. 424 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 424 be passed and approved on second and final reading. Said Ordinance No. 424 reads in caption as follows: ORDINANCE NO. 424 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUB- JECT. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack, and Council- man McComb. Voting "No": None Motion passed 4 to 0 Councilman Gray absent from the room at this time. NEW BUSINESS: (CONTINUED) ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman McComb that Final Estimate for Utilitec, Inc, for Halik Road and Alice Street sewer line in the amount of $6,993.86 be approved subject to receipt of adequate maintenance and other necessary documents, and payment be made from the appropriate bond funds after such items are received; and that Engineer's Estimate No. 2 for Able Construction Company for left turn lanes on Orange and Highway 35 in the amount of $35,762.49 be approved for pay- ment from the appropriate bond funds. Motion passed 4 to 0. Councilman Gray absent from the room at this time. REVIEW OF BIDS RECEIVED ON BID NO. B81-8, STREET MAINTENANCE PROGRAM: The following bids were reviewed by the City Council: VENDOR AMOUNT BID BOND Brown & Root, Inc. $149,930.00 100 Able Services, Inc. 234,850.00 100 Ike Hall, Inc. 272,782.00 100 City Manager Wicker recommended that the bid be awarded to Brown & Root, Inc. as the lowest and best bidder. It was moved by Councilman McComb, seconded by Councilman Lentz that Bid No. B81-8 be awarded to Brown & Root, Inc. for the unit price as follows: ITEM ESTIMATED DESCRIPTION AND UNIT UNIT TOTAL NO. QUANTITY PRICE IN WORDS PRICE PRICE 1. 50,000 S.Y. Scarify and Reshape Existing Base Course Including Incorporation of Lime Treatment for NO dollars and SEVENTY cents per square yard. $ 0.70 $ 35,000.00 2. 300 Ton Hydrated Lime, Slurry Place- ment, for EIGHTY EIGHT dollars and NO cents per Ton. $88.00 $ 26,400.00 3. 72,000 S.Y. Prime Coat for NO dollars and TWENTY NINE cents per sq. yd. $ 0.29 $ 20,880.00 4. 35,000 S.Y. One Course Surface Treatment for NO dollars and SIXTY EIGHT cents per square yard. $ 0.68 $ 23,800.00 5. 30,000 S.Y. Two Course Surface Treatment for ONE dollar and SEVENTEEN cents per square yard. $ 1.17 $ 35,100.00 6. 25,000 S.Y. Scarify and Reshape Existing Base Course NO DOLLARS & THIRTY FIVE CENTS $ 0.35 $ 8,750.00 TOTAL $149,930.00 and that based on these estimated quantities, the total bid would be $149,930.00; and that we proceed with the Dixie Farm Road Project as Number 1; and after we see how many remaining dollars we have, then direct the City Staff as to what the next project will be; and the Mayor be authorized to sign the contract. Motion passed 4 to 0. Councilman Gray not present at this time. 1 _: Co It was moved by Councilman McComb, seconded by Councilman Lentz that funding for this project will be as follows: 1. The Flood Damage Reimbursement be depleted to 0. 2. The Revenue Sharing Fund for this project be next depleted. 3. Any other fund needed to come from Street Maintenance Fund. Motion passed 4 to 0. Councilman Gray absent from the room at this time. CERTIFICATION OF BALLOT NUMBERS TO BE USED IN THE 1981 CITY OFFICERS' ELECTION: After inspection of the ballot cards, the following motion was made: It was moved by Councilman Mack, seconded by Councilwoman Coppinger that the following ballot numbers be certified for the April 4, 1981, City Officers' Election: ABSENTEE VOTING: 119001 THROUGH 119200 REGULAR VOTING: 119201 THROUGH 121500 Motion passed 4 to 0. Councilman Gray absent from the room at this time. ORDINANCE NO. 421, AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES (SUB- DIVISION CODE): Ordinance No. 421 read in caption by Councilman Mack. (First -Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 421 be passed and approved on first of two readings. Said Ordinance No. 421 reads in caption as follows: ORDINANCE NO. 421 AN ORDINANCE AMENDING CHAPTER 27, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS AND DIVISIONS CONTAINED -THEREIN; PROVID- ING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, and Councilman Mack. Voting "No": Councilman McComb Motion passed 3 to 1. Councilman Gray absent from the room at this time. OTHER BUSINESS: RECESSED TO EXECUTIVE SESSION AT 9:05 P. M. - TEXAS OPEN MEETING'S LAW, Section 2, Subsection (e) Legal and Subsection (g) Personnel. RETURNED TO OPEN SESSION AT 10:00 P.M. ADJOURN: Meeting adjourned 10:01 P.M. Minutes approved as submitted and/or corrected this the day of A. D., 1981. Mayor ATTEST: City Secretary