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1980-01-28 CITY COUNCIL REGULAR MEETING MINUTESug1 0 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 28, 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 Councilman Councilwoman Councilman Councilman Acting City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson Ronald Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Ray Blaylock, member of the Civil Defense team. The Pledge of Allegiance was led by Councilman Mack. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the minutes of a Public Hearing held on December 11, 1979, be approved as submitted. Motion passed 4 to 0. Councilwoman Coppinger abstained. It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that the minutes of a regular meeting held on January 14, 1980, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Wilson, seconded by Councilman Mack that the minutes of a special meeting held on January 19, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Joe Singleton, Assistant Coordinator of the Civil Defense and Disaster Relief Committee. Mr. Singleton discussed the various activities of this Committee and the plans for the future. Mayor Reid asked Evan Middleton, President of the Corrigan Civic Club, to give a report on the water in the area caused by recent rains. Mr. Middleton advised that he felt the recent work done by the Brazoria County Drainage District and the City has helped the flooding situation in the area; however, there are still some areas of concern which should be investigated. The drainage ditch that parallels McLean Road is overgrown and almost non-existent and water was observed in this ditch today. The storm drains on the West end and East end of Apple Springs Street had water coming back out of them and there is speculation that these openings are possibly below the flood water height of Mary's Creek. He suggested that a transit instrument could.be used to confirm this. On other parts of the street water is flowing into the drains. He stated that if water flowing into one drain and out of another drain on the same street, there could be a restriction somewhere. On Carmona Drive west of Corrigan Drive some water was standing; however, this appears to have a restriction problem rather than a height problem. Mr. Middleton advised that he would like to have some response on when these problems could be checked out. He felt an on-going continuing program should be maintained. Mayor Reid advised that he met with the Clear Creek Mayor's Task Force on Flooding last Monday. 0 0 200 Councilman Frauenberger advised that last Saturday he attended a Citizens' Committee on flooding. This group is making an effort to combine one single district out of the several counties in the area. This Committee is chaired by Rep. Jones and Rep. Carraway. They plan a monthly meeting to keep the citizens informed on the progress of this committee. Mayor Reid accepted into the records of the City a position paper from residents along Woody Road regarding the opening and construction of Woody Road. COUNCIL REPORTS: Councilman Mack reported that the MUD Committee met with General Homes regarding the formation of Municipal Utility Districts and this item is on the City Council for action tonight. He also advised that the Subdivision Committee was now ready for a joint workshop with the Planning and Zoning Commission. Councilwoman Coppinger made an inquiry regarding the possible funding that would be involved in the sponsorship of Paydirt. DEPARTMENTAL REPORTS: Acting City Manager Ron Wicker advised the City Council that the Texas Park & Wildlife Department has approved the addendum to the specifications for the tennis courts. Mr. Wicker advised that he hoped to have some bid tabulations by the next Council meeting so we could go forward on the construction of the tennis courts. CITIZENS: Gerald Koza of 3310 Churchhill Street appeared before the City Council and advised them that for eight years he had been promised sewer service to his business location on Alice Street. Mayor Reid advised Mr. Koza that he would investigate this matter with the City Staff. Mr. Koza also advised that the �- new owners of the property formerly owned by Galindo advised him that he planned to build a large dance hall on the property. Mr. Koza was advised that the Building Inspection Department has been instructed not to issue any permit at the location since the previous owners were in non-conformance and any new operation would have to be in compliance with the Land Use and Urban Develop- ment Ordinance. Gene E. Sanders of 1706 Mykawa Road appeared before the City Council and presented a preference poll of residents in the Mykawa-Woody Road area indicating that twenty-nine residents of this area were for making.four lanes on Mykawa Road and postponing Woody Road. Mr. Sanders read a prepared statement wherein he stated his opposition to the construction of Woody Road and favored the making of Mykawa Road into four lanes. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: APPLICATION NO. 75, C. F. MANN, AGENT: A letter from C. F. Mann, Agent, dated January 18, 1980, was entered into the records as follows: "January 18, 1980 CITY OF PEARLAND PEARLAND, TEXAS Dear Honorable Mayor and City Council: I respectfully request that you cancel zoning request numbers 75-A and 75-B for zoning Tract A and Tract B along Dixie Farm Road in Pearland, Texas. z ' i I deeply regret to inform you that at this time I find it not feasible to build Rl lots on these tracts. Sincerely yours, s/C. F. Mann President CFM/nb" BID NO. B79-16, RECONSTRUCTION OF MYKAWA ROAD FROM ORANGE STREET TO NORTH CITY LIMITS: It was moved by Councilman Wilson, seconded by Councilman McComb that the Bid No. B79-16 for the reconstruction of Mykawa Road from Orange Street to the North City Limits be awarded to Able Services, Inc. in the amount of $449,896.50, and the Mayor be authorized to sign the contract. Motion passed 4 to 1. Councilwoman Coppinger opposed. RESOLUTION NO. R80-1, A RESOLUTION AUTHORIZING MAYOR TO SIGN CONTRACT WITH BROOKSIDE - EMS CONTRACT: A discussion was held on this matter, and it was brought out that a review of the charges and principal sum involved in this contract would be made before the end of the contract now under consideration to see whether or not this was adequate payment to cover expenses being borne by Brookside. Resolution No. R80-1 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Resolution No. R80-1 be passed and approved on first and only reading. Said Resolution 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 Mack, Councilwoman Coppinger, Councilman Frauenberger, Councilman McComb. Voting "Nay" - None Motion passed 4 to 0. Councilman Wilson absent from Council Chambers at this time. MEETING RECESSED AT 9:00 P.M. - RECONVENED AT 9:20 P.M. NEW BUSINESS: ENGINEERING STUDY FOR OVERPASS OVER RAILROAD TRACKS: Mayor Reid appointed a committee of Councilman Wilson and Ron Wicker to work on this project. They are to outline the scope of what the City Council would like the study to include. Engineering firms with expertise in this field will be contacted by the committee so that cost estimates for the study may be submitted to the City Council. Bid No. B79-15, REHABILITATION OF SANITARY SEWER SYSTEM: Bids received on the rehabilitation of the sanitary sewer system was brought before the City Council for consideration. City Engineer Malcolm Collins reported that he met with the low bidder, Bellewood Construction Company, and reviewed their bid and discussed it with them. Since the bid was some $109,000.00 lower than the next lowest bid, and this company has only been in business about a year, the bonding company was required to call their home office and get approval; however, they do not think there is any problem. Mr. Collins recommended that the Bellewood Construction Company be awarded the bid and that the contract show 220 working days for completion of the project. It was moved by Councilman Mack, seconded by.Councilman McComb that Bid No. B79-15 be awarded to Bellewood Construction Company in the sum of $409,090.33'and that the contract include 220 working days and the Mayor be authorized to execute the contract. Motion passed 5 to 0. City Engineer to make sure bonding is available in ten days. WATER MAIN CONSTRUCTION ON OLD ALVIN ROAD FROM ORANGE TO KNAPP AND AUTHORIZATION TO BID PROJECT: City Engineer Malcolm Collins presented the plans and specifications to the City Council on proposed water line down Old Alvin Road from Orange Street to Knapp Road. It was moved by Councilman McComb, seconded by Councilwoman Coppinger that the City Manager be authorized to bid the water line project from Orange Street to Knapp Road and that the bid opening be at 12:00 Noon, February 25, 1980. Motion passed 5 to 0. ORDINANCE NO. 412, HOUSTON LIGHTING & POWER COMPANY RATE ORDINANCE: City Attorney Bobby Williams advised the City Council that this ordinance basically sets forth the rate that has been adopted by the Public Utility Commission under Docket 2676. Ordinance No. 412 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Wilson that Ordinance No. 412 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 412 AN ORDINANCE REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. RATIFICATION OF BID SUBMITTED TO PEARLAND INDEPENDENT SCHOOL DISTRICT FOR ONE ACRE OF LAND FOR NEW WATERWELL. The $11,500.00 bid submitted by the City Manager, on behalf of the City of Pearland, to the Pearland Independent School District for one acre of land adjacent to the proposed civic center has been accepted by the Board of Trustees. It was moved by Councilman McComb, seconded by Councilman Frauenberger that the City Council commit the City to buy this one acre of land from the Pearland Independent School District for $11,500.00 and that the designation of funds for payment be made at the next regular meeting of the City Council. Motion passed 5 to 0. RESOLUTION NO. R80-5, A RESOLUTION OF CONSENT FOR MUNICIPAL UTILITY DISTRICTS: Councilman Mack reported that the Committee was now ready to submit, for consideration by the City Council, -the MUD Resolution. He advised that the last meeting of the Committee, members of the Planning $ Zoning Commission were present and concurred with the wording of this Resolution. Resolution No. R80-5 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Wilson that Resolution No. R80-5 be passed and approved on first and only reading contingent upon the proper signatures on all applicable documents. Said Resolution reads in caption as follows: RESOLUTION NO. R80-5 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS WITHIN ITS EXTRATERRITORIAL JURISDICTION. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman"Flauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. CO;NCILMAN McCOMB absent from the meeting at 10:05 P.M. REVIEW OF BIDS RECEIVED UNDER BID NO. B79-17 AND POSSIBLE AWARD OF BID: Acting City Manager, Ron Wicker, advised that bids received under Bid No. B79-17 were opened and tabulated for the extension of a water line to W.E.L. Hartman's property located at the South City limits off McLean Road. The commitment to reimburse the City of Pearland for the cost of materials for this line is to be borne by Mr. Hartman. Bid Tabulation is as follows: VENDOR Municipal Pipe $ Fabricating Co. Utility Supply Company BID BOND $16,900.00 Bid Bond 50 15,833.68 2% 10th Bid Bond Western Pipe & Supply Company 15,132.00 net 30 days Cashier's Check It was moved by Councilman Wilson, seconded by Councilman Mack that Bid No. B79-17, Waterworks Supplies be awarded to Western Pipe and Supply Company for the amount of $15,132.00 as the lowest and best bid. Motion passed 5 to 0. RATIFICATION OF VARIOUS STOP SIGNS: Director of Planning and Transportation, Ron Wicker, submitted a report of locations where Stop Signs had been placed in the City and requested that ratification of these traffic control devices be made by the City Council. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that the report of the Director of Planning and Transporation submitted on the 23rd day of January, 1980, concerning the installation of traffic control devices described as follows: STOP SIGNS AT THE FOLLOWING LOCATIONS IN THE CITY OF PEARLAND, TEXAS, TO -WIT: W.B. on McDonald at Dixie Farm Road E.B. on McDonald at Dixie Farm.Road E.B. on Apple Springs Drive at McLean Road E.B. on Dixie Hollow at Walnut Hollow W.B. on Dixie Hollow at Elm Hollow N.B. on Crane at Sleepy Hollow S.B. on Crane at Sleepy Hollow E.B. on Sleepy Hollow at Elm Hollow W.B. on Sleepy Hollow at Elm Hollow E.B. on Bunker Hill Drive at Austin Street W.B. on Bunker Hill Drive at Mykawa Road W.B. on Orange Street at Mykawa Road E.B. on Orange Street at Mykawa Road located at the above locations in the City of Pearland, Texas, be affirmed and ratified, and the same be hereby officially declared to be official traffic devices in and for the City of Pearland, Texas. Motion passed 4 to 0. RESOLUTION NO. R80-3, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15 OF THE TEXAS ELECTION CODE REGARDING THE USE OF ELECTRONIC VOTING SYSTEM: Resolution No. R80-3 was read in full by Councilman Frauenberger. 284 It was moved by Councilman Frauenberger, seconded by Councilman Mack that Resolution No. R80-3 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R80-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROVISIONS OF ARTICLE 7.15, AND OTHER PERTINENT PROVISIONS OF THE TEXAS ELECTION CODE, IN REGARD TO THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE FIFTH DAY OF APRIL, 1980. Voting "Aye" - Councilman Wilson, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 4 to 0. RESOLUTION NO. R80-4, A RESOLUTION CONCERNING THE CALLING OF A REGULAR CITY ELECTION ON APRIL 5, 1980, FOR COUNCIL POSITIONS 1 AND 5: Resolution No. R80-4 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Mack that Resolution No. R80-4 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R80-4 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIFTH DAY OF APRIL, 1980, FOR THE PURPOSE OF ELECTING TWO COUNCILMEN IN AND FOR THE CITY OF PEARLAND, TEXAS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, and Councilman Wilson. Voting "Nay" - None Motion passed 4 to 0. OTHER BUSINESS: None ADJOURN: The meeting adjourned at 10:25 P.M. Minutes approved as submitted and/or corrected this %/ day of ATTEST: ity Secretary A. D., 1980. Mayor