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1981-04-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 27, 1981, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Councilman/Mayor Pro Tem Al Lentz Councilman Harry Farley r- Councilman Charles R. Mack Councilman Terry Gray City Manager Ronald J. Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Carlton McComb INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. man Farley. APPROVAL OF MINUTES: The Pledge of Allegiance was led by.Council- It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting of April 13, 1981, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on a recent Public Hearing conducted by State Senator Buster Brown. Mayor Reid advised that he was unable to attend; however, Councilman Lentz represented the City at this meeting. A copy of Councilman Lentz's report was included in the Council's packet. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESOLUTION R81-14, A RESOLUTION OF THANKS TO FRAN COPPINGER: Resolution R81-14 read in full by Mayor Reid. It was moved by Councilman Farley, seconded by Councilman Gray that Resolution R81-14 be passed and approved on first and only reading. Said Resolution R81-14 reads in caption as follows: RESOLUTION R81-14 A RESOLUTION OF THANKS TO FRAN COPPINGER FOR SERVICE TO CITY OF PEARLAND AS MEMBER OF CITY COUNCIL. Voting "Aye": Councilman Farley, Councilman Lentz, Councilman Mack, and Councilman Gray. Voting "No": None Motion passed 4 to 0. Mayor Reid presented the Resolution to Ms. Coppinger along with a plaque for her service to the City. Z,0 CHANGE IN ORDER OF BUSINESS: COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Zoning Committee continues to meet once a month and they are making progress. DEPARTMENTAL REPORTS: City Manager Wicker reported that the three new pickup trucks have been received by the City. One is for the Humane Department; one for the Street Department; and one is for the Water & Sewer Department. -- CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. REQUEST BY ENTEX, INC. FOR INCREASE IN DOMESTIC CUSTOMER RATES. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Aren Williams of Entex, Inc. spoke to the City Council advising that his Company was asking for a fifty-three cents (53p) per month increase for each domestic customer in the City and was identical to rate revisions being made in other areas of Entex, Inc. Texas Coast Division. He advised that this change was computed by comparing Entex's cost of service in 1979 with the cost of service in 1980. The effect of these new rate schedules is to increase the Company's revenues by approximately $22,368.12 per year. These changes will result in an increase in charges to residential and small commercial customers, and an adjustment in charges for large volume customers. The proposed adjustment will increase the aggregate revenues less than two and one-half percent, and therefore, do not constitute a "major change" as the term is defined in Section 43 (b) of the Public Utility Regulatory Act of 1975. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None QUESTION AND ANSWER PERIOD: City Attorney Bobby Williams advised the Council that this increase was less than 1% for our area. ADJOURN HEARING: CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: ORDINANCE NO. 426, AN ORDINANCE ORDERING AND FIXING RATES TO BE CHANGED BY ENTEX, INC.: Ordinance No. 426 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 426 be passed and approved on first of two readings. Said Ordinance No. 426 reads in caption as follows: ORDINANCE NO. 426 .� 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 CUSTOMERS WITHIN THE CITY OF PEAR - LAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. 201 Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, and Councilman Gray. Voting "No": None Motion passed 4 to 0. UNFINISHED BUSINESS: r-- APPOINTMENTS: ONE MEMBER OF ZONING BOARD OF ADJUSTMENT: It was moved by Councilman Mack, seconded by Councilman Lentz that Tommy Scott be appointed as a member of the Zoning Board of Adjustment for a term of two years. Motion passed 4 to 0. PLANNING &ZONING COMMISSION: It was moved by Councilman Gray, seconded by Councilman Mack that Frank Ravet be appointed as a member of the Planning & Zoning Commission for a one-year unexpired term. Motion passed 4 to 0. OATH OF OFFICE: Mayor Reid administered the Oath of Office to Frank Ravet, Bill Frascino (previously appointed to the Commission), and E. A. Wasek (previously appointed to Zoning Board of Adjustment). HOURS OF OPERATION AT CITY PARKS: The following memorandum was read into the records of the meeting: TO: The Honorable Mayor and The Pearland City Council FROM: The Pearland Parks & Beautification Board DATE: April 24, 1981 SUBJECT: Hours of Operation For City Parks At the regular monthly meeting of the Parks and Beautification Board, on Saturday, April 4, 1981, it was unanimously decided to recommend the following hours of operation for the Pearland City Parks. The hours of operation proposed are: October 1 March 31 Dawn to Midnight April l - September 30 Dawn to 1:00 A.M. It is the Park Boards opinion that this decision will -help alleviate some of the vandalism and other undesirable activity taking place in our parks, especially in the early morning hours. With the Council's approval, the Parks Department with the assistance of the Police Department are prepared to initiate and enforce the hours as proposed. Respectfully yours, /S/ Barry L. Smink Barry L. Smink, Director Pearland Parks & Recreation It was moved by Councilman Lentz, seconded by Councilman Farley that the recommendation of the Park Board for operation of the City Parks be approved and adopted by the City Council. The hours of operation to be as follows: October 1 - March 31 Dawn to Midnight April 1 - September 30 Dawn to 1:00 A.M. Motion passed 4 to 0. City Attorney Williams advised the City Council that, if it proved necessary, an ordinance could be adopted by the City Council specifying certain penalties for violation of these rules. REVIEW OF PLANS AND SPECIFICATIONS ON STREET CONSTRUCTION - CORRIGAN DRIVE REALIGNMENT WITH WOODY ROAD AT F. M. 518: Mayor Reid recessed the meeting at 8:30 P. M. to allow the City Council time to review the Plans as presented by Malcolm Collins, P. E. MEETING RECONVENED AT 8:40 P. M. It was moved by Councilman Gray, seconded by Councilman Lentz that the Project - Corrigan Drive Realignment with Woody Road at F. M. 518 be set for bid opening at Noon, May 22, 1981, subject to the Engineer rechecking with Entex on a pipeline and also with the Texas Department of Highways & Transportation on necessary permits. Motion passed 4 to 0. NEW BUSINESS: (CONTINUED) REVIEW OF BIDS RECEIVED BID NO. B81-9, WATER LINE ON WOODY ROAD. AND AWARD OF BID: The City Council reviewed the following bids received on Bid No. B81-9: BIDDERS BASE BID ALTERNATE WORKING DAYS BID B R H Company, Inc. $127,330.00 $ 93,315.00 90 Ben Felts Utility Contractor 87,376.50 84,124.05 30 E. E. Henry, Inc. 115,078.00 66,267.50 35 San Jacinto Road Boring & Tunneling 96,254.00 90,011.50 none shown Knox & Briscoe Construction Co. 123,204.49 none 90 Jess Lovelace Construction Co. 101,403.07 57,540.75 none shown Money's Utility Construction Co. 1641832.93 102,747.35 45 Paving Services none submitted Utilitec, Inc. none submitted David Wight Const. Co., Inc. 104,436.25 99,531.25 45 Z -Industries none submitted Malcolm Collins, Engineer, recommended that Ben Felts Utility Co, be awarded the bid as the lowest and best bidder. He advised that an error on extension in Mr. Felts' bid brought the total to $87,376.50 instead of $86,798.50. This error occurred on the extension of Item 32 under the bid. It was moved by Councilman Lentz, seconded by Councilman Farley that Bid No. B81-9 be awarded to Ben Felts Utility Contracting Company in the amount of $87,376.50 on the base bid, and that the Mayor be authorized to sign the Contract. Motion passed 4 to 0. OKI UNFINISHED BUSINESS: (CONTINUED) ORDINANCE NO. 425, AN ORDINANCE ESTABLISHING`SPEED-LIMITS DURING CONSTRUCTION ON A PORTION OF F. M. 518, WITHIN THE'CORPORATE LIMITS OF THE'CITY OF-PEARLAND: Ordinance No. 425 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 425 be passed and approved on second and final reading. Said Ordinance No. 425 reads in r-- caption as follows: I ORDINANCE NO. 425 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM 518 WITHIN THE CORPORATE LIMITS OF PEAR - LAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Voting "Aye": Councilman Gray, Councilman Mack, Councilman Lentz, and Councilman Farley. Voting "No": None Motion passed 4 to 0. NEW BUSINESS: (CONTINUED) AGREEMENT WITH ALVIN FOR USE OF PEARLAND'S VERMEER TRENCHING MACHINE: City Manager Ron Wicker read a letter from W. E. Wolff, City Manager of Alvin, as follows: April 20, 1981 Mr. Ron Wicker City Manager City of Pearland P. O. Box 1157 Pearland, Texas 77581 Dear Mr. Wicker: This letter will confirm our conversation of April llth, concerning the City of Alvin renting a Vermeer vertical trench ditching machine from the City of Pearland. The City of Alvin wishes to install a quantity of 8", 10" and 12" water lines within our City limits to improve our water distribution capabilities. These lines will be installed within existing road right-of-ways, and we feel that the use of a vertical trench ditching machine is very desireable. The City of Alvin would be responsible for transporting the equipment from Pearland to Alvin, furnish the necessary main- tenance and upkeep, and pay the City of Pearland $1000.00 per month for wear and tear on the machine. Your consideration of this request will be greatly appreciated. Yours truly, /S/ William E. Wolff William E. Wolff City Manager Mr. Wicker recommended that the City Council grant this request since this machine will not be used by the City forces for the next three or four months. He advised that the City of Alvin has loaned Pearland equipment, such as garbage trucks, when we were in need of special assistance. It was moved by Councilman Mack, seconded by Councilman Lentz that the City Manager be authorized to rent the Vermeer Trench Ditching Machine to the City of Alvin for the sum of $1,000 per month rental. Motion passed 4 to 0. PROPOSAL BY LAIRSON, YOUNG & COMPANY, CPA, FOR EXAMINATION OF FINANCIAL STATEMENTS OF THE VARIOUS FUNDS OF THE CITY FOR THE YEAR ENDING SEPTEMBER 30; 1981: Proposal by Lairson, Young & Company dated March 23, 1981 was read into the records of the meeting by Councilman Lentz as follows: March 23, 1981 The Honorable Mayor and City Council City of Pearland Pearland, Texas 77581 We propose to examine the financial statements of the various funds of the City of Pearland, Texas for the year ending September 30, 1981. Our examination will be made in accordance with generally accepted auditing standards and, accordingly, will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. In addition to our regular audit report, we will also set forth in a separate letter any recommendations and suggestions for the improvement of internal control and accounting procedures which we feel appro- priate based on our review of policies and procedures in connection with our work. We expect to be able to complete our work and deliver our report and letter of recommendations within six weeks from the date that your personnel make the account- ing records available to us. Our fee for this service will not exceed $10,500 plus cash expenses. Our fee is based on our regular per diem rates and is based on your personnel preparing certain year- end closing schedules. We will keep you informed on the progress of our work and will inform you immediately if any situation arises that would require a re-evaluation of our work or time schedule. We do not anticipate any such problems. We appreciate the opportunity to serve you. We assure you that this service will receive our most careful and prompt attention. Please call us if we may answer any questions on this or related matters. Very truly yours, /S/ Earl C. Lairson Earl C. Lairson Managing Partner Accepted /S/ Tom Reid 4-27-81 Signature Date City Manager Ron Wicker recommended that this firm be retained again this year. '! It was moved by Councilman Gray, seconded by Councilman Farley that Lairson, Young & Company be retained to make an examination of the financial statements of the various funds of the City for the fiscal year ending September 30, 1981, for the sum of $10,500 and that the Mayor be authorized to execute an agreement with this firm. Motion passed 4 to 0. " ENGINEER'S ESTIMATE NO. 1, BROWN & ROOT, INC. - ROAD CONSTRUCTION: It was moved by Councilman Lentz, seconded by Councilman Farley that Engineering Estimate No. 1, Brown & Root, Inc., in the amount of $50,970.33, for road construc- tion, be approved for payment out of the appropriate funds. Motion passed 4 to 0. AUTHORIZATION FOR CITY ENGINEER TO LOOK INTO FEASIBILITY OF INSTALLING CULVERTS ALONG .� OLD ALVIN ROAD EXTENSION: City Manager Wicker stated that for future planning purposes he felt that a feasi- bility study of installing culverts along the Old Alvin Road extension should be made. He said at this point we needed consideration by the Council for this study. It was moved by Councilman Lentz, seconded by Councilman Gray that the City Manager be authorized to proceed with a feasibility study of installing culverts along the Old Alvin Road extension. Motion passed 4 to 0. PROPOSED AMENDMENT TO LIBRARY CODE: This item to be placed on later Agenda. UPDATED CITY OF PEARLAND EMERGENCY OPERATIONS PLAN: This item to be on the next Agenda. REMOVING SECTION OF DIXIE FARM ROAD FROM F. M. 518 SOUTHWEST TO CITY LIMITS AS TRUCK ROUTE: City Manager Wicker stated that about four years ago a Truck Route Ordinance was passed by the City Council, and that one route in this ordinance was making Dixie Farm Road from 518 to the South City Limits a truck route. This section of Dixie Farm Road is now being rebuilt, and part of the problem that we are dealing with in rebuilding the road was due to overloading of vehicles on the roadway surface. What we did was go back on the old roadway, lime stabilize the base that was there, and penetration pave the surface. This is a better road than has been there before; however, it will in no way compare with a State Highway capable of withstanding the load limit. Mr. Wicker felt that the City should do something to prohibit truck traffic or we will be needing to rebuild the road within a short while, possibly within a two-year period. City Attorney Williams recommended that we use a "No Through Trucks" and a load limit on this roadway. It was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney be authorized to prepare an amendment to the Code to accomplish two things on Dixie Farm Road from Highway 518 to the South City Limits. These would be "No Through r Trucks", combined with a weight limit requirement. Motion passed 4 to 0. ORDINANCE NO. 246-68, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDI- NANCE - APPLICATION NO. 91, W. D. NELSON: Ordinance No. 246-68 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-68 be passed and approved on first of two readings. Said Ordinance No. 246-68 reads in caption as follows: ORDINANCE NO. 246-68 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, and Councilman Gray. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R81-13, A RESOLUTION OF THE CITY DETERMINING CHARGES FOR CONNECTIONS TO WATER AND SEWER SYSTEM: Resolution R81-13 read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Gray that Resolution No. R81-13 be passed and approved on first and only reading effective May 1, 1981. Said Resolution No. R81-13 reads in caption as follows: RESOLUTION NO. R81-13 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR CONNECTIONS TO WATER AND SEWER SYSTEMS OF THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman Lentz, Councilman Mack and Councilman Farley. i Voting "No": None Motion passed 4 to 0. CHANGE IN MEETING DATE DUE TO MEMORIAL DAY HOLIDAY: It was moved by Councilman Farley, seconded by Councilman Gray that the regular meeting of May 25, 1981 be changed to the 26th of May due to Memorial Day Holiday. Motion passed 4 to 0. DEPARTMENTAL REPORTS: (CONTINUED) City Attorney Williams suggested that the Mayor write a letter on behalf of the City thanking the Department of Highways & Transportation and the Santa Fe Railway Company for the work on the crossing on F. M. 518. OTHER BUSINESS: RECESSED TO EXECUTIVE SESSION AT 9:30 P. M. UNDER TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL RETURNED TO OPEN SESSION AT 11:30 P. M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 11:31 P. M. X07 Minutes approved as submitted and/or corrected this the // day of A. ATTEST: xl-� &Ilt'Y Secretary D., 1981. Mayor