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1975-11-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 10, 1975, AT 7:35 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 Cecil W. Griffin Councilman Harry Farley (Entered 7:40 P. M.) Councilman Gene E. Sanders Councilman Tom Reid Councilman Benny J. Frank 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 the Rev. Art. Jones. The Pledge of Allegiance was led by Councilman Reid. BID OPENING - 75-11, FIRE DEPARTMENT TRUCK: Bids were opened as follows: Vendor Make & Model Jay Marks Chevrolet Port City Ford Sales South Loop Ford Gulf Coast Dodge International 1975 Chevrolet CE 61803 No Bid 1975 Ford 361 1975 Dodge D600 1976 International Model 1600 Price Del Date Alternate $ 7221.50 immediate ------- 7561.84 5 days $200.00 6756.50 5 days ------- 6481.58 60 days N/C Alt 1 It was moved by Councilman Frank, seconded by Councilman Griffin that the bids received on Bid No. 75-11 be received into the records of the City and referred to the City Manager and Fire Department Committee for tabulation and recommendation. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb presented three Proclamations: 1. Pearland Prancer's Day - November 21, 1975 (Received by Mrs. Fran Coppinger) 2. Youth Appreciation Week - (Received by Dwayne Lewis of Optimists Club) 3. Child Abuse Awareness Week - (Received by Norma Flory & Dr. Villarrubia) It was moved by Councilman Sanders, seconded by Councilman Reid that the Council endorse and approve the three Proclamations presented by the Mayor. Motion passed 5 to 0. 40 APPROVAL OF THE MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the regular meeting held on October 27, 1975 be approved as submitted. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS: Councilman Griffin reported that 34 citizens attended the informal Public Hearing on the proposed roadway into Clear Creek Estates and Twin Creek Woods. Also, Councilman Griffin reported that as Council Coordinator relative to solid waste sites, he had discussed Mr. Hill's request and reviewed the regulations with him, as well as our position relative to permits. He advised that later he had'a motion to offer in relation to Mr. Hill's request which would state the City's position in general relative to his obtaining a permit for a brush demolition fill at his sand pit site on Dixie Farm Road. Councilman Sanders reported that on the 3rd of November an informal hearing was held to discuss the Dog Ordinance. As a result of the comments from that meeting, and his own personal investigation and observations throughout the City, he had some recommendations regarding revisions in the Dog Ordinance which will be sub- mitted to the Council later under Item 2 New Business. Councilman Frank reported that the Park Board met with the Architect for the new park and have pretty well decided what will be placed in the park. DEPARTMENTAL REPORTS: City Manager Wolff informed the City Council that on October 7th a production test was held on the new water well which was recently drilled on Alice Street site. Our specifications for this well was 1,000 gallons per minute delivery. The pump was installed for test purposes and the well was pumped for ten hours at 1,000 gallons per minute, then for three hours it was opened up to see what it would do. The flow tube on the measuring device was calibrated at 1280 GPM and it sustained this for three hours. Subsequent to this test I met with the people at Singer Layne and it now appears that for $1,615.00 more we can develop this well at 1,200 GPM rather than 1,000 GPM. He advised that in doing so it would greatly increase our capabilities of serving future people, and in a later part of the Agenda he would ask Council consideration for this additional expenditure in the form of a change order. Councilman Farley advised that he read in the newspaper that we are currently issuing a Building Permit for apartments which are under rejection. Mr. Wolff advised Councilman Farley that a set of plans has been submitted for review, and we are finding a little difficulty in reviewing these since our building inspector has sustained a heart attack and we have had to impose on Councilman Frank to assist us in this area. There has been an application submitted and is currently under review. Councilman Farley stated that it was his understanding originally that the Developer wished to go through the formal proceeding as an indication of his good faith on the continuation or development of this project. CITIZENS: Mrs. Anna Stock from the League of Women Voters presented copies of a Study of Emergency Medical Services to the Mayor and City Council. Mr. Arden C. Hill's request was to discuss with the Mayor and City Council about a permit to,dump brush, demolition and construction debris at his property on Dixie Farm Road. Councilman Griffinstatedthat the dumping of brush and demolition would come under the.Municipal Solid Waste Regulations issued by the Texas State ' Department of Health. Mr. Griffin advised that we have no right.to issue a permit. However, the Texas State Department of Health would like a statement from the City regarding its position on the issuance of a permit by them to Mr. Hill. Mr. Griffin stated that as a result of his discussions. and background that we all have regarding the needs of the area and community, he would like to offer the following motion: It was moved by Councilman Griffin, seconded by Councilman Reid that the Mayor be authorized to write a letter to the Texas State Department of Health indicating that the City of Pearland does not object to the issuance of a Brush, Construction, and Demolition fill as defined in A-315 of the Municipal Solid Waste Regulations of the Texas Health Department to Mr. Arden C. Hill at his site on Dixie Farm Road. Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Reid and passed unanimously by the Council that the following be permitted to speak before the City Council: Mrs. Mansfield, Ralph Marx, Mr. Mansfield, and Mr. Jamison spoke in opposition to the operation of any type of landfill by Mr. Hill. UNFINISHED BUSINESS: AWARD OF BID NO. 75-10, SANITATION DEPARTMENT CHASSIS: W City Manager Wolff advised that he recommended that Bid No. 75-10 be awarded to Gulf Coast Dodge as the lowest and best bidder. It was moved by Councilman Reid, seconded by Councilman Griffin that Bid No. 75-10 be awarded to Gulf Coast Dodge in the amount of $7,732.92 and the budget be adjusted accordingly. Motion passed 5 to 0. NEW BUSINESS: APPROVAL OF THE CHANGE ORDER TO SINGER LAYNE TEXAS DIVISION FOR NEW WATER WELL PUMP: It was moved by Councilman Griffin, seconded by Councilman Frank that a change order to Singer Layne Co. be approved in the amount of $1,615.00 additional for a 1,200 gallon per minute pump for the new Water Well No. 5. Motion passed 5 to 0. DOG ORDINANCE NO. 173: Councilman Sanders read his report into the records of the City regarding proposed changes in the Dog Ordinance. Councilman Sanders requested that this report be referred to the City Attorney for examination and draft of possible change to the ordinance. City Manager Wolff and Humane Officer to work with Mr. Williams on this project. ALTERNATE STREET FOR INGRESS AND EGRESS INTO CLEAR CREEK ESTATES AND TWIN CREEK WOODS: Councilman Griffin reported that the total cost of the proposed project would be approximately $25,000.00. It was moved by Councilman Griffin, seconded by Councilman Sanders that the City Manager be authorized to proceed with the engineering work required to develop Cost Estimates and Plans for construction of an additional traffic lane on the south side of the existing Knapp Road from Highway 35 (Main Street) as far as feasible. (Either the second or third street in Clear Creek Estates Subdivision.) Motion passed 3 to 1. Councilman Farley opposed. Councilman Reid not in Council Chambers at this time. MEETING RECESSED 9:15 P. M. - RECONVENED 9:20 P. M. REQUEST BY HOUSTON LIGHTING AND POWER COMPANY FOR RATE INCREASE: Mayor McComb read a letter dated October 28, 1975 from Otto H. Schroeder, Brazoria Division Manager requesting a rate increase and asking that a Public Hearing be called to present evidence to support an increase in the electrical rate schedules RS -1 and MGS-1 that apply to the City of Pearland. It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing be called under Docketed Public Hearings of the regular Agenda on A November 24, 1975 for the purpose of considering and hearing the application of the Houston Lighting and Power Co. for a rate increase. Motion passed 5 to 0. REQUEST BY GAIDO-LINGLE FOR PERMISSION TO OPERATE A PRIVATE FIRING RANGE: Mayor McComb read a letter dated October 21, 1975 from W. D. Simmons, Plant Manager of Gaido-Lingle Company, Inc. requesting approval to build a private firing range on their premises. City Attorney Williams recommended that the City Council take no action since the item is not being presented by the person seeking the application and without specific information he did not see how the Council could act on this request. It was moved by Councilman Frank, seconded by Councilman Sanders that no action be taken on this request by Gaido-Lingle for a private firing range. Motion passed 5 to 0. TRAFFIC ENGINEER'S REPORT NO. 29: City Attorney Williams read Traffic Engineer's Report No. 29 regarding the placement of No Parking Signs on the East side of Park Avenue between Jasmine Street and Plum Street. It was moved by Councilman Farley, seconded by Councilman Reid that Traffic Engineer's Report No. 29 be accepted into the records of the City. Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Reid that we recognize as official traffic control devices signs stating "No Parking - 8:00 A. M. to 5:00 P. M." be placed along Park Avenue at the following locations: 1. On the east side of Park Avenue approximately 10 feet north of the intersection of Jasmine Street and Park Avenue. 2. On the east side of Park Avenue approximately 10 feet south of the intersection of Plum Street and Park Avenue. Motion passed 5 to 0. CONTRACT WITH SOUTHWEST APPRAISAL COMPANY: City Tax Assessor James DeShazer advised the Council that the contract presented was the same as last year except for a price increase. This company increased the price per item from $8.50 in 1974 to $10.75 in this contract. The Tax Assessor recommended that the Council accept this contract. It was moved by Councilman Sanders, seconded by Councilman Griffin that based on the recommendation of the Tax Assessor Collector that the Contract with Southwest Appraisals be approved and the Mayor be authorized to execute the Contract. Motion passed 5 to 0. 44 MEETING RECESSED 9:45 P. M. - RECONVENED 10:00 P. M. Mayor McComb absent from Council Chambers, Mayor Pro Tem Griffin presiding. UNFINISHED BUSINESS CONTINUED: ORDINANCE NO. 316 - AN ORDINANCE OF NECESSITY FOR AND ORDERING THE PAVING OF WOODY ROAD: Ordinance No. 316 read in full by Mayor Pro Tem Griffin. (Second Reading) Mayor McComb returned to Council Chambers. Ly It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 316 be passed and approved on second and final reading in a regular council meeting. Said Ordinance No. 316 reads in caption as follows: ORDINANCE NO. 316 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF WOODY ROAD, CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, IF NECESSARY, DIRECTING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COST AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Farley and Councilman Sanders. Voting "no" - None. Motion passed 5 to 0. ENGINEER'S ESTIMATE FOR PAVING WOODY ROAD: City Manager Wolff read the following information on the cost of paving as prepared by Malcolm Collins, City Engineer. Total Materials $11,498.60, Total Equipment & Labor $4,959.80, Total Estimated Cost $16,458.40. Total Approximate Project Length 1,950 feet Average Cost per Foot $8.44. Certified by Malcolm Collins, P. E. It was moved by Councilman Griffin, seconded by Councilman Sanders that the City Engineer's Estimate for paving of Woody Road as set out in Ordinance No. 316 be accepted into the records of the City. Motion passed 5 to 0. NEW BUSINESS CONTINUED: AWARD OF BID NO. 75-11, FIRE DEPARTMENT TRUCK: This item to be placed on the next regular agenda. 45 PARTICIPATION PAVING PROGRAM - CHANGE IN OWNER'S COST: It was moved by Councilman Griffin, seconded by Councilman Frank that the $2.00 rate per property foot be terminated with the Woody Road project and the new rate be established at $3.00 until such time as the City Manager sees fit to recommend a change in the rate based on construction cost and to terminate any projects working at this time that are not completed as a total project by January 1, 1976. Motion passed 5 to 0. OTHER BUSINESS: None EXECUTIVE SESSION: Texas Open Meeting Law - Section 2, Subsection F - Land Purchase Time 10:30 P. M. RECONVENED TO OPEN SESSION 10:50 P. M. ACTION AS A RESULT OF EXECUTIVE SESSION: It was moved by Councilman Griffin, seconded by Councilman Reid that the Mayor, City Manager, and City Attorney be authorized to take those actions required to consummate the acquisition of 20 foot street right of way along the west side of Mykawa Road for the purpose of installing a water line. Motion passed 5 to 0. It was moved by Councilman Griffin, seconded by Councilman Farley that the Mayor, City Manager, and City Attorney be authorized to take those steps required to acquire 120 feet of right of way for the purpose of extending Dixie Farm Road into Harris County to intersect with Shoate Road extended. Motion passed 5 to 0. MEETING ADJOURNED AT 10:55 P. M. Minutes approved as submitted and/or corrected this the ,2_f4 day of A. D. 1975. r Mayor ATTEST: City Secretary