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1977-02-28 CITY COUNCIL REGULAR MEETING MINUTESi MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 28, 1977, 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 Carlton McComb Councilman Terry Gray Councilman Tom Reid Councilman Benny J. Frank Assistant City James 0. DeShazer Manager Bean City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the Meeting: Councilman Cecil W. Griffin, Councilman Harry Farley, and City Manager William E. Wolff. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by City Secretary Dorothy L. Cook. BID OPENINGS: 1. 1250 GPM CUSTOM PUMPER FOR PEARLAND VOLUNTEER FIRE DEPARTMENT: Bids opened as follows: VENDOR MODEL AMOUNT Seagrave Fire Apparatus Seagrave Model PB 24061 $74,052.00 Arlington Equipment Co:. Bean Model FOL 1250 78,336.00 Fire Fox Corporation 1250 GPM Custom Pumper 79,300.00 American LaFranz American LaFranz Century 74,984.00 Pioneer It was moved by Councilman Gray, seconded by Councilman Reid that the bids be received into the records of the City and referred to. Councilman Gray, Councilman Reid, Fire Chief Granad and the Volunteer Fire Department's Equipment Committee for tabulation and recommendation. Motion passed 3 to 0. 2. LAND BID NO. 1 - Lots 20, 21, 22, 23, 24, and 25, Block 14 and S. 125 feet of 50 ft. wide strip of land adjacent to Block 14, Old Townsite. Bids opened as follows: First Baptist Church Pearland, Texas $57,465.90 Cashier Check #106517 $2,873.29 It was moved by Councilman Reid, seconded by Councilman Frank that the bid of First Baptist Church be received into the records and referred to the Mayor and Assistant City Manager for recommendation. Motion passed 2 to 1. .Councilman Gray opposed. APPROVAL OF MINUTES: It was moved by Councilman Frank, seconded by Councilman Reid that the minutes of a regular meeting held on February 14, 1977 be approved as submitted. Motion passed 3 to 0. It was moved by Councilman Reid, seconded by Councilman Gray that the minutes of a special meeting held on February 17, 1977 be approved as submitted. Motion r-, passed 3 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None a. CITIZENS: Mr. W. J. Ebeling had signed to appear before the City Council, but was not present at the meeting. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 246-28, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 35, BILLY EDGAR GRIFFIN: Ordinance No. 246-28 was read in full by Councilman Reid. (Second Reading) It was moved by Councilman Reid, seconded by Councilman Gray that Ordinance No. 246-28 be passed and approved on second and final reading. Said Ordinance No. 246-28 reads in caption as follows: ORDINANCE NO. 246-28 -- 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 PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None Motion passed 3 to 0. ORDINANCE NO. 246-29, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 35A, TED JOSLYN, JR.: Ordinance No. 246-29 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No. 246-29 be passed and approved on second and final reading. Said Ordinance No. 246-29 reads in caption as follows: ORDINANCE NO. 246-29 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 PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 350, AN ORDINANCE AMENDING THE REVENUE SHARING BUDGET OF THE CITY OF PEARLAND: Ordinance No. 350 was read in full by Councilman Frank. (Second Reading) It was moved by Councilman Frank, seconded by Councilman Gray that Ordinance No. 350 be passed and approved on second and final reading. Said Ordinance No. 350 reads in caption as follows: ORDINANCE NO. 350 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REVENUE SHARING BUDGETS OF THE CITY OF PEARLAND FOR THE ENTITLED PERIODS: January 1, 1973 to June 30, 1973; July 1, 1973 to June 30, 1974; July 1, 1974 to June 30, 1975; July 1, 1975 to June 30, 1976; July 1, 1976 to December 31, 1976. Voting "Aye" - Councilman Frank, Councilman Gray, and Councilman Reid. Voting "No" - None Motion passed 3 to 0. BID NO. 76-14. WATERWORKS SUPPLIES: Assistant City Manager DeShazer advised the City Council that he and Public Works Director, Escue V. Harris had reviewed the bids and recommended that Utility Supply Company be awarded the bid. It was moved by Councilman Frank, seconded by Councilman Gray that upon the recommendation of Assistant City Manager DeShazer and Public Works Director Harris the Bid No. 76-14 be awarded to the Utility Supply Company in the amount of $18,113.00. Motion passed 3 to 0. BID NO. 77-2, BACKHOE: Assistant City Manager DeShazer advised the City Council that only one backhoe would meet the bid specifications and the bid on this equipment was almost $4,000 higher than other Company's bids. Under the circumstances, the Assistant City Manager recommended that all bids received under Bid No. 77-2 be thrown out and the City obtain new bids on slightly revised specifications. It was moved by Councilman Frank, seconded by Councilman Reid that all bids received under Bid No. 77-2 be rejected and the bidders be so notified. Motion passed 3 to 0. NEW BUSINESS: EQUALIZATION BOARD FOR 1977: Tax Assessor Collector James 0. DeShazer recommended that Toby S. Lytle, Jim Campise, Ralph Wemhoff, Raymond T. Vial, and George V. Hastings be appointed as i members of the Board of Equalization for 1977. It was moved by Councilman Reid, seconded by Councilman Gray that Toby S. Lytle, Jim Campise, Ralph Wemhoff, Raymond T. Vial, and George V. Hastings be appointed as members of the Board of Equalization for 1977. Also, that the first meeting be held on April 26, 1977, subject to change, and the compensation for Board Members shall be $15.00 per meeting. Motion passed 3 to 0. 11 RATIFICATION OF PARK BOARD MEMBER: It was moved by Councilman Gray, seconded by Councilman Frank that the Assistant City Manager's appointment of Bobbie Pond to:the Park Board be ratified. Motion passed 3 to 0. ADJUSTMENT OF BUDGET FOR COENCO, INC. - PEARLAND ADVANCED WASTE_ TREATMENT CONTRACT: '.... Malcolm Collins of Coenco, Inc. submitted a proposal dated February 14, 1977 regarding compliance with Section 11-B of the Contract between his firm and the City of Pearland. This proposal would be the Design of secondary treatment facilities to expand the capacity of Treatment Plant No. 2 to 2.0 MGD (million gallons per day) and Treatment Plant No. 3 to 1.0 MGD (million gallons per day) with the necessary revisions as to pumping capacity, blower capacity,chlorination and sludge drying. The design parameters will be for an effluent with 10 mg/l on BODS and 15 mg/l on TSS, in accordance with the desire of the Texas Water Quality Board and Environmental Protection Agency. Mr. Collins' proposal stated that the cost to perform these services would be $31,800.00. It -was moved by Councilman Reid, seconded by Councilman Gray that the sum of $2,638.34 from the capital projects fund, $14,600.00 from the sewer refund, and the sum of $14,443.00 which is excess from'.the H. L. $ P. Franchise Tax be re- allocated to the sewer operating fund as a budget adjustment for the Pearland Waste Treatment Advance Treatment contract. Motion passed 3 to 0. ENGINEERING SERVICES FOR INDEPENDENCE PARK: This item passed - will be on next agenda. RArymnR RTn- It was moved by Councilman Reid, seconded by Councilman Frank that the City Manager be authorized to rebid the back hoe. Motion passed 3 to 0. TRAFFIC SAFETY STUDY: City Attorney Williams entered at 8:20 P.M. Mr. Ron Wicker, of the Planning and Transportation Department, advised that several months ago the City Council adopted a Resolution or Ordinance taking part in a County -wide traffic engineering survey. At the present time this is held up in Austin, and does not look like it is going to be approved for several months. Don Fleshner with the Brazoria County Traffic Safety Office called the City last week and asked if the City wanted to submit an application for a Traffic Engineering Survey, either separate or joint with another city, with the idea that later the study could be coordinated with the county -wide effort. It would not side-step what the county is trying to do, but would simply speed up the process. He advised that if the City Council wanted to approach this procedure.to apply for these funds, all that is necessary is an authorization to proceed with selecting a consultant and making up a grant application which in no way will bind the City. When the grant application is submitted and approved, the City would be obligated to match 10% of the total cost of this project. The state and federal government would pick up 90% of this project. This would basically involve looking at .the overall traffic picture. These projects could be done for little or no money on the City's part. This would be done by registered professional engineers who are traffic engineering consultants. Many cities throughout the state are taking 12 advantage of this type grant. This would be a 90/10 participation if another city did not join us. If another city joined us, we could get 100% instead of 90/10. Mr. Wicker advised that he felt the best approach to this, if the Council is interested, was to proceed with drawing up a grant application outlining areas that a consultant could investigate. Surrounding cities might be interested in the same type of information. It was moved by Councilman Reid, seconded by Councilman Gray that the Assistant City Manager and the Director of Planning and Transportation be authorized to begin the.selecti.on:process.of /.consultant for Traffic Engineering Studies in preparation of makin /a Gran Application. Motion passed 3 to 0. PUBLIC HEARINGS TO BE CALLED BEFORE THE PLANNING $ ZONING COMMISSION: It was moved by Councilman Reid, seconded by Councilman Gray that Public Hearings before the Planning and Zoning Commission be called on March 15, 1977 at 7:30 P.M. for Application No. 37 and Application No. 38, Ronald Hausman. Motion passed 3 to 0. ORDINANCE NO. 351, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING AND MAKING FINAL OFFER FOR RIGHT OF WAY AND EASEMENTS AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS - (MYKAWA ROAD) OWNERS - WILLIAM D. NELSON, ET UX: Ordinance No. 351 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Reid, seconded by Councilman Gray that Ordinance No. 351 be passed and approved on first reading. Said Ordinance No. 351 reads in caption as follows: ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE MAKING OF A FINAL OFFER FOR ROAD RIGHT-OF-WAY PUR- POSES AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS. Voting "Aye" - Councilman Gray, Councilman Reid, and Councilman Frank. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 352, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING AND MAKING FINAL OFFER FOR RIGHT OF WAY AND EASEMENTS AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS - (MYKAWA ROAD) OWNERS - TOMMY G. HAMBY, ET UX: Ordinance No. 352 was read in full by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No. 352 be passed and approved on first reading. Said Ordinance No. 352 reads in caption as follows: ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE MAKING OF A FINAL OFFER FOR ROAD RIGHT-OF-WAY PUR- POSES AND ORDERING INSTITUTION OF'CONDEMNATION PROCEEDINGS. Voting "Aye" - Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None. Motion passed 3 to 0. lJ OTHER BUSINESS: MEETING RECESSED AT 8:35 P. M. FOR EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW SECTION 2, SUBSECTION (g) - PERSONNEL: RETURN TO OPEN SESSION AT 9:10 P.M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: The meeting was adjourned at 9:11 P.M. Minutes approved as submitted and/or corrected this day of , A. D., 1977. Mayor ATTEST: row, City Secretary