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1980-02-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND. TEXAS HELD UN FEBRUARY 25, 196U, Al' /:3U P.M. 1N THE UITY HALL, 1335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Councilman Dennis Frauenberger Councilman Charles Mack r-- Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Morris Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Joe Henderson, Director of the Pearland Emergency Medical Services. APPROVAL OF MINUTES: The minutes of the meeting of February 11, 1980, were brought before the City Council for consideration; however, the City Secretary was instructed to include a summary of Mayor Reid's Council unity discussion under the Mayor's Activity Report and under Council Activity Reports Councilwoman Coppinger's rebuttal to this discussion. 'Councilwoman Coppinger also requested that some mention of the Comal Street Water line be included under Council Activity Reports. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Joe Henderson, Director of the Emergency Medical Services Department of the City. Mr. Henderson introduced members of the EMS who have been assigned certain positions and each described their particular job, Mayor Reid advised that he attended the Tax Assessor's Meeting in La Porte on Thursday, February 21, 1980. Mayor Reid appointed Councilman Mack to Chair a committee to define guidelines for members of the City Council covering their rights, responsibilities, and activities as a Councilman under the City Charter. Mayor Reid asked the present Council, as well as individuals running for City Council, to furnish Councilman Mack with questions as well as any input they might have on this subject. This information to be submitted to the City Attorney for a legal interpretation at the next regular meeting. COUNCIL ACTIVITY REPORTS' r� Councilman Wilson reported that three engineering firms have been contacted regarding the railroad overpass and are now working up proposals for a cost study on this project. A workshop meeting will be called when the proposals have been received. Councilwoman Coppinger reported that she was present at the City Hall when Manvel picked up the ambulance given to them by the City of Pearland. Representatives of Manvel asked that she convey their thanks to the City Council for this gift Councilman Mack reported that one workshop has been held on the proposed amendment to the Subdivision Code and additional meetings will be held in the near future. Councilman McComb stated that he would join in with any other two Council members regarding an investigation by the City Council of City Staff as long as it was conducted in accordance with the provisions of the Charter. Councilman Wilson and Councilwoman Coppinger concurred. This item to be on the next regular agenda of the City Council. CITIZENS: Otto Schroeder, representing the Pearland Area Chamber of Commerce, appeared before the City Council and stated that the Chamber would like to sell to the City all of the Christmas Decorations they have on hand. The purchase cost to the City would be $2,239.00. He advised that the Chamber is trying to gather all of the resources they have on hand to improve the depot building. Mr. Schroeder also advised that the Chamber would like the use of Independence Park for a celebration on July 4, 1980, primarily in the afternoon, with the finale being a fireworks display at night. Also, the Chamber would like to reserve Independence Park for September 19, 20, and 21, 1980, for the Founder's Day Celebration with reserved rain -out dates of September 26, 27, and 28. Mayor Reid appointed Councilman McComb to work with the City Attorney to determine whether or not we can legally purchase the Christmas Decorations from the Chamber. This item as well as the two items relating to use of Independence Park will be placed on the next agenda. Mr. Sam Groening and Ron Sadon, representing Walsh Engineering, Inc., appeared before the City Council and made a presentation apprising the Council of their firm's capabilities and recent accomplishments. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: MODEL HOME PARK AGREEMENT - CHARLES THOMAS: City Attorney Bobby Williams advised that an affidavit would be drawn up by the developer in recordible form which will be filed in the deed records that will prohibit the utilization of any improvements on these lots being used for residential purposes. The only way these could be released would be by affidavit from the City of Pearland. Secondly, he advised that we would issue a conditional building permit which will be conditioned on the fact that there will be no occupancy of the houses. It was moved by Councilman McComb, seconded by Councilman Frauenberger that building permits be releasedupon receipt of the appropriate legal documents described by the City Attorney, and after the said documents are received and approved by the City Attorney. Motion passed 5 to 0. MEETING RECESSED AT 8:20 P.M. - RECONVENED AT 8:40 P.M. NEW BUSINESS: Items 1, 10, 11, and 12 of the agenda moved until after Executive Session. YMCA AQUATIC PROGRAM FOR 1980: Mr. Mike Green of the YMCA spoke before the City Council to explain their Summer Aquatic Proposal. Mr. Green advised that he had previously met with the Parks and Beautification Committee on this proposal. The program he proposed is three fold, covering swimming lessons, competitive swimming, and recreational swimming for day campers. Mr. Green's proposal was submitted to the City by cover letter dated February 15, 1980. 291 Mr. Leroy Savoie, President of the Parks and Beautification Board advised that several meetings have been held with the YMCA and it is the conclusion of the Board that the YMCA is not only presenting a program for YMCA Members, but are providing the City an acquatic program for all of the citizens of Pearland. He advised that the Park Board strongly recommends that the City Council approve the YMCA Acquatic Program for 1980. It was moved by Councilman Frauenberger, seconded by Councilman McComb that the City Council approve the use of the municipal pool in Independence Park for the YMCA Acquatic Program for 1980 as outlined in the proposal dated January 21, 1980. Motion passed 5 to 0. REVISION OF PERSONNEL ORDINANCE AND BASE LINE PROCEDURES FOR VARIOUS DEPARTMENTS OF THE CITY: Mayor Reid advised that he placed this item on the agenda so the City Council, working as a group, could provide instructions to the City Manager to request input on update of the Personnel Ordinance. He requested that the City Council by motion, instruct the City Manager to update the areas of the ordinance that have been outdated, and bring back to the City Council for review by the Council. The Mayor stated that he felt the second part regarding the base line pro- cedures should wait until the Personnel Ordinance has been updated. Mayor Reid to work with the City Manager and City Secretary in revising this ordinance and bring back to the City Council any proposed revisions in the ordinance. Councilwoman Coppinger advised that she would like to have the base line pro- cedures and policies looked at concurrently with the Personnel Ordinance. It was moved by Councilman McComb that the Personnel Ordinance be revised first and the base line procedures be held until later. Motion died for lack of second. It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that the Personnel Ordinance be revised concurrently with the development of policies for City Employees to be made by the staff. Motion failed 3 to 2. Councilman Mack, Councilman Frauenberger, and Councilman McComb opposed. It was moved by Councilman McComb, seconded by Councilman Frauenberger that the policies for City Employees be considered as soon as the Personnel Ordinance is revised and approved by the City Council. Motion passed 3 to 2. Councilman Wilson and Councilwoman Coppinger opposed. BID NO. B80-1, WATER LINE ON OLD ALVIN ROAD: Bids were reviewed as follows: VENDOR AMOUNT ALTERNATE DAYS J.C.C. CONSTRUCTION, INC. $99,068.45 $97,442.25 30 O'DAY DRILLING CO. No bid 84,282.36 60 BEN FELTS UTILITY CONTRACTOR 90,650.99 83,885.06 *30 INTERURBAN PIPELINES, INC. 95,550.25 85,232.25 45 MAINLAND CONSTRUCTION CO., 107,406.03 99,698.04 MERCER CONSTRUCTION CO., INC. 99,554.70 93,917.60 50 7-M, INC. 91,866.57 81,220.77 45 UTILITEC, INC. 99,939.88 1 92,670.25 120 City Manager Wolff read a letter from the City Engineer advising that he had reviewed the bids and recommended that the base bid for AC Pipe made by Ben Felts Utility Contractor in the amount of $90,650.99 be accepted, He advised 292 that although no working days were shown on the proposal, this company has agreed to 30 days in the contract. It was moved by Councilman Wilson, seconded by Councilman McComb that Bid No. B80-1 be awarded to Ben Felts Utility Contractor in the amount of $90,650.99 (Base Bid) and that the Mayor be authorized to sign the contract. Motion passed 5 to 0. RESOLUTION NO. R80-6, A RESOLUTION AUTHORIZING TIME WARRANTS TO COENCO, INC. FOR DRAINAGE STUDY: Resolution No. R80-6 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Resolution No. R80-6 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R80-6 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. Mr. Wolff advised that City Engineer Collins will have report on the Drainage Study by the next regular meeting. BROOKLAND ACRES WATER SYSTEM: Councilman Frauenberger advised that the system in Brookland Acres was the only `— remaining private water system in the City and at the present time has some 33 water meters, 5 fire hydrants and a well that is providing water to this system. He estimated the cost of installing these particular items in outside services alone .would be about $7,000.00 not including the meters or the actual material or equipments. It was moved by Councilman Frauenberger, seconded by Councilman McComb that the City purchase the Brookland Acres private water system, including lines, meters and plugs for $7,500.00. This would be everything in the ground exclusive of the water well and pump and that the seller be responsible for capping the well and that the citizens presently served by this system, and not on private wells, be permitted to tap on to the City's system without paying a tap fee. Motion passed 5 to 0. TEMPORARY WATER LINE DOWN WOODY ROAD: City Manager Wolff advised that at some future time a water line will be installed down Woody Road; however, we have citizens now residing South of Scott on Woody who are in need of water service. He requested that the -� Council authorize an expenditure of approximately $550.00 in materials for a two inch line to serve these citizens. It was moved by Councilman Wilson, seconded by Councilman McComb that the City Manager be authorized to purchase and install a two inch water line along Woody Road. Cost of materials for this line to be approximately $550.00. Motion passed 5 to 0. GREEN TEE EGRESS AND INGRESS VIA YOST ROAD: Councilman Frauenberger advised that at the last meeting he asked the City Manager to check into the feasibility of rebuilding the bridge on the road between Green Tee Drive and Yost Road. Mr. Wolff has advised that 6,000 yards will be needed of fill dirt between the bridge and Green Tee Drive. A discussion was held regarding the possible flooding of other areas if this much fill dirt was placed on the road. Councilman Frauenberger stated that the next thing to do would be to wait until we received the cross section of elevations. City Attorney Bobby Williams advised that we have the right-of-way to this road. Councilwoman Coppinger requested before we do this that we get a cost study of constructing an asphalt road between Green Tee -and Sagemont. This item to be passed until the next agenda. BROOKLAND ACRES WATER SYSTEM (CONTINUED): It was moved by Councilman Frauenberger, seconded by Councilman McComb that the City Council reconsider the previous motion regarding the purchase of the Brookland Acres Water System and the same be amended to read as follows: That the City purchase the Brookland Acres private water system, including lines, meters and plugs for $7,500.00. This would be everything in the ground exclusive of the water well and pump and that the seller be responsible for -capping the well, and that the citizens presently served by this system, and not on private wells, be permitted to tap on to the City system without paying a tap fee, and any delinquent taxes are to be paid by the owners of this system prior to the sale. Motion passed 5 to 0. TENNIS COURT CONSTRUCTION: Ron Wicker advised the City Council that we had gone out two times previously in an effort to obtain bids and the lowest bid received was 40% over the budgeted amount. At that point the Texas Park & Wildlife Department advised us to go the selective bidding route which allowed us to go out and get three bids from three reputable sub -contractors and with the City of Pearland being the General Contractor and proceed with the construction. Mr. Wicker submitted the bids received on this project with the exception of the surface treatment bids. The bids submitted are as follows: CONCRETE MATERIAL Company Midway Transit Mix Concrete G. A. Culver Concrete Concrete Services Co., Inc. CONCRETE FINISHING Teni-Trak, Inc. James Guyton, Cement Contractor Clarence Ware, Cement Contractor Concrete Services C.Y. Price $40.95 C.Y. 43,00 C.Y. 45.50 per C.Y. Bid Unit Price 23,517.30 45,740.00 *25,293.20 32,582.00 * Bid based on 28,800 sq. yd. finish work at $.75 sq. yd., $978.00 forming material and $2715.20 rental of equipment. All -Tex Fence Company Hurricane Industrial Division FENCING $6,990.00 7,298.00 CONCRETE POST TENSIONING MATERIAL Strand Systems $5,500.00 Concrete Construction Supply Post -Tension of Texas, Inc. 6,345.91 4,218.00 294 LIGHTING MATERIAL Texas Electrical Wholesalers, Inc. $15,875.00 Lighting Concepts & Equipment Co. 8,944.38 Wholesale Electric Supply Co. of Houston, Inc. 12,158.40 ELECTRICAL INSTALLATION Webster Electrical Co. $9,187.00 W.W. Service Company 4,800.00 Wilson Electric Company $30.00 hr. Electrician and apprentice 25.00 hr. Truck use, $17.50 hr. Mr. Wilson, .SO ft. for ditching Mr. Wicker recommended that the low bidders be awarded the bid. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that bids on the construction of the tennis courts in Independence Park be awarded to the following: Concrete Material - Midway Transit Mix at $40.95 per C.Y.; Concrete Finishing - Teni-Trak, Inc. at $23,517.30; Concrete -Post Tensioning Material - Post -Tension of Texas, Inc. at $4,218.00; Lighting Material - Lighting Concepts & Equipment Co. at $8,944.38; Electrical Installation W.W. Service Company at $4,800.00; Fencing - All -Tex Fencing Company at $6,990.00. Motion passed 5 to 0. RESOLUTION NO. R80-7, A RESOLUTION STRONGLY URGING THE 96TH CONGRESS TO RE-ENACT, WITHOUT CHANGE, THE GENERAL REVENUE SHARING PROGRAM: Resolution No. R80-7 was read in full by Councilman Wilson, It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Resolution No. R80-7 be passed and approved on first reading. Said Resolution reads in caption as follows: RESOLUTION NO. R80-7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE 96TH CONGRESS TO REAUTHORIZE, WITHOUT CHANGE, GENERAL REVENUE LEGISLATION. Voting "Aye" - Councilman Wilson, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - Councilman McComb. Motion passed 4 to 1. APPLICATION NO. 77 - WILLIAM MURPHY, AGENT, REQUEST FOR CHANGE IN LAND USE FROM PU TO PLAN APPROVAL: It was moved by Councilman Mack, seconded by Councilman Frauenberger that a Public Hearing before the Planning and Zoning Commission on.Application No. 77, William Murphy, Agent, be called for March 18, 1980 at 7:30 P.M. Motion passed 4 to 0. Councilman Wilson absent from the Council Chambers at this time. OTHER BUSINESS: Meeting recessed to Executive Session at 10:10 P.M. - Texas Open Meeting's Law Section 2, Subsection (g) Personnel. Return to open Session at 10:50 P.M. NEW BUSINESS - CONTINUED: APPOINTMENTS: It was moved by Councilman Frauenberger, seconded by Councilman McComb that C.F. Dupriest and Mrs. Nancy Sallee be appointed as members of the Library Board for a three year term with C.F. Dupriest being named as the Chairperson of the Board. Motion passed 5 to 0. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Mr. Dave Corbett be appointed to the Electrical Board for a term of three years. Motion passed 5 to 0. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that the following be appointed to the Board of Equalization for the tax year 1980: Ralph Wemhoff, Raymond Vial, Jim Campise, Frances Lobb, and Teddy R. Triplett. The first meeting to be set for April 30, 1980. Motion passed 5 to 0. CITY DEPARTMENTS: It was moved by Councilman Mack, seconded by Councilman Wilson that the City Manager and City Attorney draft the necessary ordinance for Council approval for the creation of the Maintenance Department, Street $ Solid Waste Department and Planning & Inspection. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:55 P.M. Minutes approved as submitted and/or corrected this /o day of A. D., 1980. Mayor ATTEST: City Secretary