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1978-04-10 CITY COUNCIL REGULAR MEETING MINUTES190 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 10, 1978, 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 City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley Dennis Frauenberger Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Fire Chief Reagan. BID OPENINGS: BID NO. B78-5, LIQUID CHLORINE: VENDOR Dixie Chemical Company Jones Chemicals, Inc. SEC ONE TON CYLINDERS $0.112 per lb. $0.115 per lb. $219.20 each 150# CYLINDERS $0.17 per lb. $0.175 per lb. $26.50 each It was moved by Councilman Farley, seconded by Councilman Wilson that the bids be received into the records of the City and referred for tabulation and recom- mendation later in the meeting. BID NO. B78-6, CONSTRUCTION OF 18" SEWER LINE: No bids received on this project. Mr. Lan Bentsen was present at the meeting and advised that he would have the contractor installing the sewer lines in his apartment project handle this construction. Ron Wicker advised that Mr. Wolff had talked to Mr. Bentsen about this and advised him that his contractor would have to install the sewer lines in accordance with the plans and specifications of the City and furnish the City evidence of insurance coverage. The installation of this sewer line on City right-of-way would be inspected by City personnel. All costs associated with the construction of this line are to be paid for by Mr. Bentsen as previously agreed. APPROVAL OF MINUTES: It was moved by Councilman McComb, seconded by Councilman Frauenberger that the minutes of a regular meeting held on March 27, 1978 be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Farley that the minutes of a special meeting held on April 3, 1978 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that a Revenue Sharing Check in the amount of $25,744.00 was received from the Federal Government. Mayor Reid also reported that the Association of Small Cities will have a meeting in Angleton on Friday, April 14, 1978, from 9:00 A.M. until 3:30 P.M. Mayor Reid read a letter dated April 1, 1978 from Omer F. Poorman, District Engineer for the State Department of Highways and Public Transportation, advising that a speed zone study was recently conducted along the entire section of F.M. 518 within the Pearland City Limits. He advised that after reviewing the new data, they have concluded that the existing posted speed cannot be significantly lowered without violating the procedure for establishment of speed zones as provided by law. Mr. Poorman suggested that the City consider spot enforcement in the area just East of the Pearland West City Limits and any other area where the speeds are greater than is posted. Mayor Reid announced that the new fire truck has been delivered and asked Fire Chief Reagan to make a report to the City Council. Chief Reagan advised that the new truck has been checked out by the Equipment Committee and found to be in good order. Mayor Reid reported that members of the City staff and he met with the Chamber of Commerce on April 6, 1978, and presented the propositions that will appear on the bond issue. The Chamber was enthusiastic and agreed to work with the City and all interested citizens in an effort to receive approval by the voters on the various propositions. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: APPOINTMENTS: The appointment to the Library Board to fill the unexpired term of Fran Coppinger was passed over at this time. BIDS ON SWIMMING POOL: Ron Wicker reported on his trip to Austin with Councilman Wilson. They met with Earl Craig, Assistant Administrator for Grants Division, to ascertain whether or not we would have to go out for bids again, or whether we could make Change Orders in the existing bids that were received. Mr. Craig advised that since the City received more than one bid, the low bid should be accepted. After the low bid is accepted, then look at Change Orders. The Change Orders are left to the discretion of the Cities; however, they do want to review the Change Orders prior to actual implementation. He looked over the list that was proposed and, he did not see any reason why it would not be approved. Mr. Craig suggested that someone from the City should come back to Austin to meet with his Engineer and him when the Change Orders have been definitely worked out. He felt that in a matter of two or three hours these Change Orders could be approved. It was moved by Councilman Wilson, seconded by Councilman McComb that the bid be awarded on the swimming pool, pool building and appurtenances in the amount of $457,400.00, and the parking lot in the amount of $35,900.00 to the lowest bidder, P. G. Bell 4 Company, and further authorize the staff to work with the contractor to develop Change Orders which might reduce the total contract price. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Farley that the Mayor be authorized to sign the contract when all things necessary are in order. Motion passed 5 to 0. AUTHORIZATION TO REBID SERVICE CENTER: It was moved by Councilman Wilson, seconded by Councilman Farley that the City rebid the City Service Center. Motion passed 5 to 0. APPROVAL OF FINAL PLAT - WOODCREEK ADDITION, SECTION III: It was moved by Councilman Farley, seconded by Councilman Wilson that the Final Plat of Woodcreek Addition, Section III, be approved. Motion passed 5 to 0. APPROVAL OF FINAL PLAT - PINESHADOWS SUBDIVISION: It was moved by Councilman Farley, seconded by Councilwoman Coppinger that the Final Plat of Pineshadows Subdivision be approved. Motion passed 4 to 0. Councilman McComb abstained. ORDINANCE NO. 376, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS FOR COMPREHENSIVE UPDATE: Ordinance No. 376 was read in full by Councilwoman Coppinger. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman McComb that Ordinance No. 376 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 376 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PERSONAL SERVICES CONTRACT (COMPREHENSIVE DEVELOPMENT PLAN UPDATE) TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO PROVIDE THE PAYMENT THEREOF; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. PROPOSED BOND ISSUE: Mayor Reid called a Workshop Meeting for 6:45 P.M., April 17, 1978 for a discussion with the City's Fiscal Agent, Tom Masterson. It was moved by Councilman McComb, seconded by Councilman Wilson that the City Council go on record as unofficially calling the bond election for May 13, 1978. Motion passed 5 to 0. NEW BUSINESS: APPROVAL OF PRELIMINARY PLAT - PARKVIEW SUBDIVISION - C. F. MANN, APPLICANT: Ron Wicker, Director of Planning & Transportation, advised the City Council that on April 4, 1978, the Planning & Zoning Commission approved the Preliminary Plat submitted by Mr. C.F. Mann (Parkview Subdivision), contingent upon the Drainage Commission signing the plat, and the signature of the City Engineer. The Drainage Commission has signed the plat; however, apparently the City Engineer has not had time to review the preliminary plat and sign it prior to tonight's meeting. In A discussion was held regarding the approval of a preliminary plat of a subdivision prior to hearings on the zone change request. The request for change in zoning is in process, but, has not been through the first hearing before the Planning & Zoning Commission. MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:45 P.M. It was moved by Councilman McComb, seconded by Councilman Wilson that the pre- liminary plat approval of Parkview Subdivision be moved until the appropriate time after approval -of the requested zoning change. Motion passed 5 to 0. ELECTION OF MAYOR PRO -TEM: It was moved by Councilman McComb, seconded by Councilwoman Coppinger that Councilman Harry Farley be named as Mayor Pro -Tem. Motion passed 5 to 0. RESOLUTION NO. R78-10, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE EASEMENT - HOUSTON LIGHTING & POWER COMPANY: Resolution No. R78-10 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Resolution No. R78-10 be passed and approved on first and final reading. Said Resolution No. R78-10 reads in caption as follows: RESOLUTION NO. R78-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE RIGHT-OF-WAY EASEMENTS TO THE HOUSTON LIGHTING & POWER COMPANY. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. RESOLUTION NO. R78-11, A RESOLUTION AUTHORIZING THE PAYMENT OF CLAIM AND DELIVERY OF TIME WARRANTS FOR AN AMERICAN LA FRANCE 1250 GPM PUMPER PIONEER PUMPER TRUCK: Resolution No. R78-11 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman McComb that Resolution No. R78-11 be passed and approved on first and only reading. Said Resolution No. R78-11 reads in caption as follows: RESOLUTION NO. R78-11 A RESOLUTION APPROVING CLAIM FOR AN AMERICAN LA FRANCE 1250 GPM PIONEER III PUMPER TRUCK 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 Farley, Councilwoman Coppinger, and Councilman Frauenberger. r—� Voting "Nay" - None Motion passed 5 to 0. APPLICATION NO. 54A. AARON PASTERNAK, TRUSTEE: A letter dated April 6, 1978 from the Planning $ Zoning Commission wherein they recommended that the change in zoning from PU to Commercial on 3.8274 acres and 28.633 acres of land be amended to reflect a zone change from PU to General Business. It was moved by Councilman McComb, seconded by Councilman Farley that the report of the Planning & Zoning Commission be received into the records of the City and that a Public Hearing before the City Council be called under Docketed Public Hearings of the regular Council meeting of May 8, 1978. Motion passed 5 to 0. HE APPLICATION NO. 57, DULANEY & NEWELL: Application No. 57, Dulaney $ Newell, request for a change in land use from PU to Commercial on a one acre tract of land located on Shank Road, was brought before the City Council for call of a Public Hearing before the Planning & Zoning Commission. It was moved by Councilman Frauenberger, seconded by Councilman McComb that a Public Hearing be called before the Planning & Zoning Commission on Application No. 57 for 7:30 P.M., May 2, 1978. Motion passed 5 to 0. AWARD OF BID NO. B78-5, LIQUID CHLORINE: Ron Wicker, Director of Planning & Transportation, advised the City Council that it was the recommendation of the Committee to award Bid No. B78-5 on Liquid Chlorine to SEC Corporation as the best bidder. It was moved by Councilman Wilson, seconded by Councilman McComb that Bid No. B78-5 for Liquid Chlorine be awarded to SEC Corporation. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL AT 9:10 P.M. RECONVENED TO OPEN SESSION AT 10:20 P.M. - NO ACTION. ADJOURN: The meeting was adjourned at 10:21 P.M. Minutes approved as submitted and/or corrected this the day of ` A. D., 1978. 77-) Mayor ATTEST: City Secretar