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1981-10-12 CITY COUNCIL REGULAR MEETING MINUTESSA. �Cj y y. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 12. 1981, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEX. 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 Al Lentz Charles Mack Harry Farley Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor T -o m Reid. The Pledge of Allegiance was led by Mayor Pro Tem Lentz. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on September 28, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that he contacted the Federal Emergency Management Agency regarding the time element involved in getting the City of Pearland in the regular flood insurance program rather than the Emergency Program. The study con- tractor, Woodward -Clyde, has scheduled the submittal of the Pearland Study for October 31, 1981. Mr. Wicker stated that he felt that it would be approximately one year from this date before we would have the final maps in hand. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESOLUTIONS OF THANKS: Resolution R81-26 through Resolution R81-32 read collectively by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman McComb that Resolutions Nos. R81-26 through R81-32 be passed and approved on first and only reading. Said Resolutions being the following numbers for the individuals listed below: FOR SERVICE TO THE CITY OF PEARLAND AS A MEMBER.OF THE BOARD OF EQUALIZATION RESOLUTION NO. BOARD OF EQUALIZATION MEMBER R81-26 George V. Hastings R81-27 Toby S. Lytle R81-28 Ralph A. Wemhoff R81-29 Raymond T. Vial R81-30 Jim P. Campise R81-31 Frances G. Lobb R81-32 Teddy R. Triplett YEARS SERVED 1967-1979 1967-1978 1971-1981 1971-1981 1981-1981 1979-1981 1980-1981 Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Farley, and Councilman Mack. Voting "No": None Motion passed 5 to 0. Mayor Reid presented the Resolutions to each individual present at the meeting. Meeting recessed 7:50 P. M. - Reconvened 7:53 P. M. RESOLUTION NO. R81-33, A RESOLUTION NOMINATING CANDIDATE FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT: Tax Assessor -Collector Jim DeShazer advised the City Council that Mr. George Hastings, present member of the Board, has agreed to be nominated by the City for another term. Resolution No. R81-33 read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Lentz that Resolution No. - I R81-33 be passed and approved on first and only reading. Said Resolution No. R81-33 j reads in caption as follows: RESOLUTION NO. R81-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: CITIZENS: Mr. James A. Davis, 2127 Yupon,. appeared before the City Council requesting a letter of consent of encroachment of 3.8 feet into the 16' public utility easement on the easterly side of Lot 13, Block 4, Parkview Subdivision. He advised that this action was necessary since he is attempting to get a loan to buy the house and this prob- lem arose when a survey was made of the property. City Manager Wicker advised that there are no utilities in this easement and that Entex, H. L. & P. and Southwestern Bell have given a waiver. City Manager Wicker recommended granting this request. NEW BUSINESS: (CONTINUED) REQUEST BY JAMES A. DAVIS FOR LETTER OF CONSENT TO ENCROACHMENT - LOT 13, BLOCK 4, P: 1RKV I �'4,, SECTION II. It was moved by Councilman Lentz, seconded by Councilman Mack that Mr. James A. Davis be granted permission to encroach into the westerly 4 feet of a utility easement adjacent to the east line of Lot 13, Block 4 of Parkview Subdivision, Section II, and that a release of easement be given by the City and a reassessment of the property be made. rti Motion passed 5 to 0. CITIZENS: (CONTINUED) Mr. Lee Alexander of Rathburn Land & Development Company appeared before the City Council with a request that he be allowed to build a reasonable road from the bridge to the 8.2618 acre tract or parcel of land out of and part of Lots 16 & 17 of the West Friendswood Subdivision. Mr. Alexander also discussed the development of two building sites on the 8.2618 acre tract. Meeting recessed 8:20 P. M. - Reconvened 8:30 P. M. NEW BUSINESS: (CONTINUED) REQUEST BY LEE ALEXANDER OF RATHBURN LAND AND DEVELOPMENT COMPANY TO BUILD ROAD AND DEVELOP PROPERTY: It was.moved by Councilman Gray, seconded by Councilman Lentz that Lee Alexander of the Rathburn Land & Development Company be granted permission to build an asphalt street road 24 feet wide surface, with a 28 feet width with 1 1/2 inches of asphalt over 6 to 8 inches of limestone base over 6" of stablizedsubgrade within a 60 ft. right-of-way, and to be platted with the necessary dedication to the City of Pearland. Motion passed 5 to 0. CITIZENS: (CONTINUED) Kerry Spradley, representing the Pearland Area Chamber of Commerce, appeared before the City Council to speak in opposition to a proposed Landfill to be located in Ft.. Bend County within the extra territorial jurisdiction of the City of Pearland. He stated that within the next two weeks Browning & Ferris Industries would be applying for a permit from the Health Department. Mr. Spradley read a letter to the Health Department from,the Board of Directors of the Pearland Area Chamber of Commerce in opposition to the granting of a permit for this proposed Landfill. City Attorney Bobby Williams, along with City Manager Wicker, is to contact the State and obtain the information they have and report back to the City Council. UNFINISHED BUSINESS: ORDINANCE NO. 220-5, AN ORDINANCE REVOKING ALL PROVISIONS OF ORDINANCE NO. 220-4, WATRR RATRq I- Ordinance No. 220-5 read.in caption by Mayor Reid. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Farley that Ordinance No. 220-5 be passed and approved on second and final reading. Said Ordinance No. 220-5 reads in caption as follows: ORDINANCE NO. 220-5 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING ALL PROVISIONS OF ORDINANCE NO. 220-4 HERETOFORE PASSED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 280-4, AN ORDINANCE REVOKING ALL PROVISIONS OF ORDINANCE NO. 220-3 GARBAGE RATES: Ordinance No. 280-4 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 280-4 be passed and approved on second and final reading. Said Ordinance No. 280-4 reads in caption as follows: ORDINANCE NO. 280-4 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING ALL PROVISIONS OF ORDINANCE NO. 280-3 HERETOFORE PASSED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. Councilman Gray stated that he felt some changes in wording needs to be made in the Resolution establishing the commercial rates for garbage. Mayor Reid appointed Councilman Gray along with City Manager Wicker to work on this project. NEW BUSINESS: STREET CONSTRUCTION POLICY: It was moved by Councilman McComb, seconded by Councilman Lentz that Hamm Road, Shank Road, Magnolia Street, Barry Rose Road, Fite Road, and John Lizer Road be officially recognized by the City Council as collector streets and not pertinent to the Ordinance we have regarding participation paving, and that Hamm, Shank and Magnolia (adjacent to Ryan Acres) have a No. 1 priority rating; Barry Rose and Fite have a No. 2 priority rating; and John Lizer have a No. 3 priority rating for City construction under the construction procedures that we are now using with Brown & Root. Motion passed 5 to 0. Councilman Lentz to work with City Manager Wicker in determining the base to be placed on Shank Road due to the heavy truck traffic, and the motion will be amended accordingly. The City Manager advised the City Council that he felt that the roads listed as No. 1 priority could be resurfaced simultaneously. MECA CABLE T. V. CORPORATION: Mr. Henry Peraza, Area Manager of the Meca Corporation, appeared before the City Council and requested an extension of construction deadline. Mr. Peraza acknowledged that the Meca Corporation was in the wrong by needing an extension and stated that he would not in any way try to justify the delays. He pointed out that H. L. & P. nor Southwestern Bell were in no way responsible for the delay. Mr. Peraza stated that CONTINUED FROM VOLUME ELEVEN he had recently taken over the operation for Meca and.asked that a sixty-day extension of the construction time be granted. He advised that approximately 35 miles remain to be completed. After a discussion by the City Council with Mr. Peresa, the following motion was made: It was moved by Councilman Farley, seconded by Councilman Gray that the City deny the request by Meca Corporation for extension of construction time. Motion passed 5 to 0. BID NO. B81-16, OPERATION OF SANITARY LANDFILL: The City Council reviewed the following bid received on Bid No. B81-16 for the oper- ation of the City's Sanitary Landfill: BIDDER - JOHN JAMISON dba J & J CONSTRUCTION CO. ITEM NO. 1 QUANTITY: 12 Months DESCRIPTION: To provide necessary superintendence, labor & suitable compaction equipment for the compaction & immediate cover, & final cover of all solid waste materials deposited in sanitary landfill. UNIT PRICE: $ 4,300.00 per month TOTAL: $51,600.00 rmu m Till 7 QUANTITY: Approximately 20 hours a month DESCRIPTION: Dozer Time - Case 450 or equivalent. For extra work not covered in Item One (1) above. UNIT PRICE: $ 38.00 per hour, with first ten hours each month at no charge. TOTAL: $ 4,560.00 TOTAL BID: $56,160.00 It was moved by Councilman McComb, seconded by Councilman Lentz that John Jamison, dba J. & J. Construction Company, be awarded the bid for the November 1, 1981 to October 31, 1982 operation of the Sanitary Landfill in the amount of $4,300.00 per month with $38.00 per hour dozer time with the first ten hours of dozer time each month at no charge. Motion passed 5 to 0. ORDINANCE NO. 434, AN ORDINANCE PROVIDING FOR CERTAIN ADDITIONAL COLLECTION EXPENSES IN CONNECTION WITH DELINQUENT TAXES: i Ordinance No. 434 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Mack that Ordinance No. 434 be passed and approved on first of two readings. Said Ordinance No. 434 reads in caption as follows: ORDINANCE NO. 434 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR CERTAIN COLLECTION EXPENSE IN CON- NECTION WITH DELINQUENT TAXES OWED TO THE CITY OF PEAR - LAND (HEREAFTER REFERRED TO AS "TAXING UNIT". Voting "Aye": Councilman. Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-75, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 100, FRANK TOUSINAU, AGENT FOR LESLIE APPELT, TRUSTEE. Ordinance No. 246-75 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Farley that Ordinance No. 246-75 be passed and approved on first of two readings. Said Ordinance No. 246-75 reads in caption as follows: ORDINANCE NO. 246-75 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Lentz, Councilman McComb, Councilman Mack, and Councilman Gray. Voting "No": None Motion passed 5 to 0. GALIN CORPORATION - CHANGE ORDER NO. 1: City Manager Wicker advised that he and Councilman Lentz reviewed the Change Order submitted by Galin Corporation and recommended that Change Order No. 1, in the amount of $51,086.33, be approved for payment out of the bond fund and general fund. It was moved by Councilman Lentz, seconded by Councilman Gray that Change Order No. 1 to Galin Corporation in the amount of $51,086.33 be approved and when this additional work that needs to be done is completed that it be paid out of the bond fund and general fund. Motion passed 5 to 0. ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman McComb that the following estimates be approved for payment out of the appropriate funds: Brown & Root, Inc. - - - - Street Rebuilding - - - - - - - - - $60,501.32 Layne Texas, Inc.- - - - - Liberty Rd. Water Well- - - - - - - $15,390.00 Angleton Asphalt Corp. - - John Lizer-Old Alvin Intersection - $16,833.60 Lem Construction Company - Corrigan -Woody Rd. Intersection - - $10,334.25 Motion passed 5 to 0. OTHER BUSINESS: Meeting recessed at 9:50 P. M. for Executive Session under Texas Open Meeting's Law, Section II, Subsection (f) Purchase, Exchange, Lease or Value of Real Property and Section II, Subsection (g) Personnel. Meeting reconvened at 11:00 P. M. - No action as a result of Executive Session. ADJOURN: Meeting adjourned at 11:01 P. M. i Minutes approved as submitted and/or corrected this the ,LZ day of&j,,-&— , A. D., 1981. ATTEST: City Secretary rro" c Mayor