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1980-01-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 14, 1980, 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 Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Dorothy L. Cook The invocation was given by Rev. Ken Kesselus, Pastor of the First Presbyterian Church of Pearland. The Pledge of Allegiance was led by Councilman Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the minutes of the regular meeting held on December 17, 1979, be approved as submitted. Motion passed 5 to 0. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that the minutes of the special meeting held on December 27, 1979, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid advised that Ordinance No. 410, passed on first reading at the last meeting and pertaining to buildings in the fire zone, has been deleted from the agenda at this time. Mayor Reid appointed Councilman McComb as Chairman, and Al Lentz as a member of the fire zone committee. Mayor Reid asked Councilman McComb to submit additional names to serve on this committee from a cross section of the community. Mayor Reid advised that he would like to have a member from the Chamber of Commerce, a member from the Fire Department, a member from the Planning and Zoning Commission, and other members that may be affected by this fire zone ordinance. No workshop will be scheduled until the Committee has had time to study this ordinance. Mayor Reid advised that during this year he wants to recognize the various Civic organizations in the City.. At each Council meeting during the year he will have a representative from a civic group present to give them an opportunity to outline their particular projects or functions in the community. Mayor Reid advised that Mayor Fruttger of Nassau Bay has called a meeting for Monday, January 21, 1980, to discuss "Current Status of the Corps of Engineer's Project" and establish objectives for the task force represented by the Mayors of the area. Mayor Reid announced that officers of the Pearland Volunteer Fire Department were sworn in on January 9, 1980. Mayor Reid advised that he has received a communication from the Mayor of Pasadena asking for support of Pasadena in acquiring Ellington Air Force Base. COUNCIL ACTIVITY REPORTS: Councilman Wilson asked that the study of an overpass over the A.T.S.F. Railroad tracks be on the next agenda. This would be either at Plum Street or Scott Lane. `7 Plum Street would be from Highway 35 to the new extension of Mykawa Road. City Manager Wolff advised that he has consulted the City Engineer on this project, and the most desirable overpass would have a slope ratio of 5% to 6% and with a 30 foot height this would require the approach to be some 500 feet long. Councilman Mack advised that the Municipal Utility District Committee met with General Homes on January 8, 1980, and reported that a workshop will need to be called. a d Councilman McComb reported that the Fire Lane Committee has met,.they decided that the Houston Ordinance, with some changes, will be the ordinance they will recommend. The Fire Marshal has delivered a copy of this ordinance to all of the firms in Pearland. Mayor Reid was requested to write a letter to these firms asking for any input they might have. DEPARTMENTAL REPORTS: City Manager Wolff advised that all necessary right-of-way has been obtained for Old Alvin Road from Orange Street to Knapp Road. Plans and specifications will be ready for Council approval in a short while. The Drainage District will begin construction of the bridges tomorrow. City Attorney Williams advised that Judge Simmons is progressing satisfactorily from triple by-pass surgery. Tax Assessor/Collector Jim DeShazer advised that the City has collected $1,117,991.00 in current taxes. CITIZENS: R. P. Bornes, 3514 Orange Street, Pearland, Texas, appeared before the City Council to discuss drainage in Linwood I and repairs to Orange Street and Linwood Streets. Mr. Bornes asked the following questions: (1) Is there any money in the Old Alvin Road allocation that would permit any work to be done on Orange Street? (2) When will the Old Alvin Road be completed? (3) Why can't Orange Street be worked now and the tie-in be -made with Old Alvin Road when it is completed? (4) When Orange Street is reworked, why can't it be lowered in accordance with new engineering concepts? Mr. Bornes was advised that there is no money allocation in the Old Alvin Road project for Orange Street. Mayor Reid advised Mr. Bornes that he would write a letter answering other questions he posed during his appearance before the City Council. William Pennington, Gulf Coast Disposal Service, Inc., appeared before the City Council advising that his firm was exploring the possibility of his firm handling some of the commercial and industrial garbage in Pearland. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: COUNCIL DECISION ON APPLICATION NO. 75, C. F. MANN, AGENT: City Manager Wolff advised that Mr. Mann is not ready to respond as to whether or not he wishes to withdraw his application for the zoning change. Mr. Mann is presently considering having all of the land rezoned to R-1. City Manager Wolff was requested to check with the property owner, The Gustafson Group, regarding whether or not they concur. NEW BUSINESS: i.J AUDIT BY LAIRSON, YOUNG & FITCH, INC. - FISCAL YEAR ENDING SEPTEMBER 30, 1979: Mr. Earl Lairson, of Lairson, Young & Fitch, Inc., presented the audit for the fiscal year ending September 30, 1979. Mr. Lairson summarized the audit and advised that the City of Pearland is in a healthy financial condition. It was moved by Councilman Mack, seconded by Councilman Wilson that the Audit submitted by Lairson, Young 4 Fitch, Inc. be received into the records of the City. Motion passed 5 to 0. PAYDIRT_ (PEARLAND AREA YOUTH DIRECTION INSTRUCTION RESOURCE TEAM): Mayor Reid introduced the officers of PAYDIRT and complimented them on their continuing efforts to meet some of the needs of the community. Mayor Reid advised that the matter before the City Council was to consider endorsing the project and acting as sponsor for another year for Criminal Justice Funds. _Tt-was moved by Councilman McComb, seconded by Councilman Frauenberger that the City of Pearland continue to be the sponsoring agency for PAYDIRT for Criminal Justice Funds. Motion passed 5 to 0. MEETING RECESSED AT 9:05 P.M. - RECONVENED AT 9:25 P.M. APPOINTMENT OF PAUL PONDISH AS DEPUTY HEALTH OFFICER: It was moved by Councilman Wilson, seconded by Councilman Mack that Paul Pondish be appointed as Deputy Health Officer for the City of Pearland. Motion passed 5to0. Mayor Reid administered the Oath of Office to Mr. Pondish REVIEW OF BIDS RECEIVED ON RECONSTRUCTION OF MYKAWA ROAD FROM ORANGE STREET TO r-- NORTH CITY LIMITS: Mr. Gene Sanders read a letter dated January 2, 1980, wherein he suggested that Woody Road not be opened and the money be spent to make Mykawa Road lanes. Mr. Sanders introduced several citizens living along Woody Road who were opposed to the Woody Road Project. The following bids were reviewed by the City Council: BIDDERS NAME BASE BID WORKING DAYS BID Able Services, Inc. $449,896.50 100 Brown & Root, Inc. 554,945.00 100 Ike Hall, Ino. 555,858.42 120 Harry W. Johnson & Associates, Inc. 519,455.00 95 City Engineer Malcolm Collins recommended that the bids be awarded to the Able Services, Inc. as the lowest bidder. After discussion on the Mykawa Road Project, the following motion was made: It was moved by Councilman Frauenberger, seconded by Councilman McComb that this item be placed on the next regular agenda. Motion passed 4 to 1. Councilman Wilson opposed. LEM CONSTRUCTION COMPANY - ENGINEER'S ESTIMATE: It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Engineer's Monthly Estimate No. 11 for work completed through December 30, 1979, by the Lem Construction Company in the amount of $108,604.44 be approved for payment from the appropriate bond fund. Motion passed 5 to 0. RESOLUTION NO. R80-1, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE CONTRACT BETWEEN THE CITY OF PEARLAND AND BROOKSIDE FOR EMERGENCY MEDICAL SERVICES: Resolution No. R80-1 was read in full by Councilman Frauenberger. 271 It was moved by Councilman Frauenberger, seconded by Councilman McComb that Resolution No. R80-1 be passed and approved on first and only reading. Said Resolution No. R80-1 reads in caption as follows: RESOLUTION NO. R80-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE. Voting "Aye" - Councilman Frauenberger and Councilman McComb. Voting "Nay" - Councilman Wilson, Councilwoman Coppinger and Councilman Mack. Motion failed 3 to 2. Councilwoman Coppinger assigned to a Committee to negotiate this item with the officials of Brookside, after a survey into the cost of providing the service as outlined in the contract. RESOLUTION NO. R80-2, A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES IN DEVELOPMENT OF DRAINAGE STUDY BY COENCO, INC. Resolution No. R80-2 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Resolution No. R80-2 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R80-2 A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES IN THE DEVELOPMENT OF A DRAINAGE STUDY FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. The City Council requested to furnish a report of the City Engineer's progress on this assignment. AGREEMENT WITH BRAZORIA COUNTY FOR ROADWAY AND DRAINAGE WORK WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND: It was moved by Councilman McComb, seconded by Councilman Wilson that the $15,000.00 allocation by Brazoria County for roadway and drainage work be expended on reconstruction of Orange Street, beginning at the westerly boundary of Old Alvin Road and going west on Orange Street. Motion passed 4 to 1. Councilwoman Coppinger opposed. APPROVAL OF ADDENDUM TO THE PLANS AND SPECIFICATIONS OF TENNIS COURTS IN INDEPENDENCE PARK: Ron Wicker, Director of Planning and Transportation, advised that in reviewing the Tennis Court plans with various bidders they found that there are several areas in which the City could save some money without jeopardizing the project, In talking to the people in Austin they recommended that the City prepare an addendum with a cover letter signed by the Mayor stating that the items the City would like to change, and they would review the requested changes and let the City know their opinion. Mr. Wicker advised that he had prepared a letter for signature by the Mayor enclosing the proposed addendum to the Texas Park and Wildlife Department. It was moved by Councilman McComb, seconded by Councilman Wilson that the Mayor take whatever action necessary to dispose of this item. Motion passed 5 to 0. OTHER BUSINESS: 1. MEETING RECESSED AT 10:55 P.M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL. 2. MEETING RECONVENED AT 11:30 P.M. - NO ACTION TAKEN AS A RESULT OF EXECUTIVE SESSION. �-- ADJOURN: The meeting adjourned at 11:31 P.M. Minutes approved as submitted and/or corrected this U day of A. D., 1980. Mayor ATTEST: City Secretary �) r7 r7