1985-06-24 CITY COUNCIL REGULAR MEETING MINUTES7R
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON JUNE 24, 1985, 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/Mayor Pro Tem
Councilman
Councilman
Councilman
City Manager
City Attorney
Asst. City Secretary
Absent from the Meeting: Councilman Al Lentz
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
James E. Bost
Dennis Frauenberger
Terry Gray
Richard Tetens
Ronald J. Wicker
Luke L. Daniel
Tommie Jean Vial
The invocation was given my Councilman Jim Bost. The Pledge of Allegiance was led by
Councilman Dennis Frauenberger.
APPROVAL OF MINUTES:
It was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of the
Regular Meeting held on June 10, 1985, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid read a proclamation proclaiming the week of June 24-28, 1985, as Selective
Service System Registration Awareness Week. Lt. Col. Miller of the Selective Service
System was not present to accept the proclamation and asked that it be mailed to
Washington.
Mayor Reid presented Dorothy Thompson, Director of Finance, an Award for Distinguished
Budget Presentation by the Government Finance Officers of the U. S. and Canada. This
award is the highest form of recognition in governmental budgeting and represents a
significant national accomplishment for Mrs. Thompson and the City of Pearland. Mayor
Reid stated that out of 4,000 organizations in the U. S. and Canada, only 85 awards
have been presented this year to date.
Mayor Reid announced that Monday, July 1, 1985, at 7:30 P. M., there will be a Work-
shop on the proposed zoning Ordinance.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
SALE AND REFUNDING OF BONDS:
Mr. Frank Ildebrando of Underwood Neuhaus & Company, financial advisors for the City of
Pearland, was present to discuss the sale and refunding of bonds. He explained that in
1982 they sold bonds for the City at high interest rates and even in 1984 they were
somewhat better but still high. In the past six months, interest rates have declined
and he suggested the Council consider the refinancing of a portion of the debt that the
City has outstanding. He presented a Proposal of Refunding to the Council for their
consideration.
It was moved by Councilman Gray, seconded by Councilman Bost, that Underwood Neuhaus &
Company be authorized to refund the 1982 and 1984 Bond Series as outlined in the schedule
in the Proposal as presented.
79
Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
COUNCIL AC'T'IVITY REPORTS:
Councilman Gray commented on an editorial from the June 19, 1985 issue of the
Pearland Reporter regarding the hearing on the proposed Cowart Creek Sewage
Treatment Plant and the Brazoria County Cities Association meeting which was held
at the Pearland Community Center.
Councilman Bost reported that the Sign Ordinance Committee would be ready to meet
soon. He also reported on the TML'S Mayors, Councilmembers & Commissioners Meet-
ing held in Galveston June 20-23, 1985. He advised that Mayor Reid is now the
President of this organization for the next coming year.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that the new ball field at Independence Park would be
opened Tuesday, June 25, 1985, and invited everyone to gooutand see our new
facility. 'Barry Rose Park will be closed due to construction at the sewer plant.
He explained this particular park area has always been intended to be part of the
sewage treatment plant.
City Manager Wicker also reported that there will be a "Ground -Breaking Ceremony"
next Saturday, June 29, at 10:00 A.M. for our newPublicSafety.Facility at Pearland
Sites Road and invited everyone interested to come out for the occasion.
CITI7.RNS -
Mr. Robert J. Foley, 902 Merriewood, Friendswood, appeared before the City Council
to request a variance from the required 100 foot building setback off pipeline ease-
ments on Lot 2, Block 18, Sleepy Hollow Estates. He explained that approximately 10
years ago they purchased 33 lots in this subdivision for the construction of homes.
There is a 8" crude pipeline that crosses various lots in the subdivision. They have
two lots remaining to build homes on; however, since the City now has a requirement
of 100 foot building setback off the pipeline easement, he would like a variance to
this requirement on Lot 2, Block 18.
NEW BUSINESS: (Continued)
COUNCIL DECISION ON REQUEST BY ROBERT FOLEY FOR VARIANCE FROM THE REQUIRED 100 FOOT
BUILDING SETBACK OFF PIPELINE EASEMENTS ON LOT 2, BLOCK 18, SLEEPY HOLLOW ESTATES:
City Manager Wicker stated that they met with Mr. Foley concerning this problem with
this particular lot and advised him of our subdivision ordinance requirement of 100
foot building setback off pipeline easements. He also stated that the Council in the
past has waived this requirement to as little as 65 feet from the edge of the easement
with a petroleum product line with more pressure than a crude line.
Mr. Foley stated that he had a buyer for the lot who wanted to build a home. Mr. Skip
Jones who was present at the meeting is the potential buyer of the lot.
After discussion, the following motion was made:
It was moved by Councilman Bost, seconded by Councilman Tetens, that the request for a
variance be denied.
Motion passed 4 to 0.
It was suggested that the Staff and City Attorney review this particular section of our
Subdivision Ordinance dealing with the requirement of 100' building setback off of
pipeline easements for the future.
REPORT BY CHARTER REVIEW COMMISSION FOR 1955:
Mayor Reid introduced to the audience Charter Review Commission members Dr. Art Jones,
Mr. James Garner and Dr. Howard Schneider.
Dr. Jones, Chairman of the Commission, submitted the following Recommended Charter
Amendments from the 1985 Charter Review Commission and the City Attorney for the
Council's consideration:
TO: Honorable Mayor and City Councilmembers
FROM: 1985 Charter Review Commission and Luke L. Daniel, City Attorney
DATE: June 12, 1985
SUBJECT: Recommended Charter Amendments
We, the 1985 Charter Review Commission of the City of Pearland, Texas,
pursuant to Section 10.15 of the City Charter, do hereby submit our recommended
Charter amendments, as enumerated below:
(1) Add subsection (d) to Section 4.01 -- City Manager -- to read as follows:
"(d) Assistant City Manager:
The City Manager, with the approval of the City Council, shall
appoint an Assistant City Manager who shall be the administrator
of all Departments which are directly answerable to the City
Manager, with the exception of those Departments administered
by the Director of Public Works. Such Assistant City Manager
shall have all of the powers and duties of the City Manager in
the event of the absence or disability of the City Manager."
(2) Omit sentence seven (7) from paragraph one (1) of Section 4.09 -- Volunteer
Fire Department -- which presently reads as follows:
"The City Council may pass, with approval of the Fire Department, such ordinances
as they may deem proper for the welfare of said Department."
(3) Omit the last sentence from paragraph two (2) of Section 4.09 -- Volunteer Fire
Department -- which presently reads as follows:
"The City Council shall also cooperate with the neighboring communities of
Brazoria County on problems of fire prevention."
(4) Amend Section 4.11 -- Department of Public Safety -- in its entirety, to read as
follows:
"The City Council may appoint a Safety Department which shall be an advisory
coordinating committee in the matter of Public Safety. Such committee will then
consist of an odd number of members, who shall be either employees of, or shall
reside in, the City of Pearland."
Respectfully submitted,
/s/ Dr. Howard J.Schneider, Acting Chairman
1985 Charter Review Commission
(on behalf of Dr. Arthur H. Jones, Chairman)
Approved as to form and substance:
/s/ Luke L. Daniel, City Attorney
A motion was made by Councilman Gray, seconded by Councilman Tetens, that we accept from
the Charter Review Commission of 1985 those recommendations as presented.
Motion passed 4 to 0.
,I a
CHANGE IN ORDER OF BUSINESS:
DOCKETED PUBLIC HEARING:
1. LAND USE CHANGE APPLICATION NO. 145 - CLYDE COLE, OWNER, FROM CLASSIFICATION
PRE -DEVELOPMENT DISTRICT (PD) TO COMMERCIAL (C) ON LOT 47 OF THE ALLISON-RICHEY
GULF COAST COMPANY SUBDIVISION, ABSTRACT 544 (HATFIELD ROAD).
NUMBER SIGNING ATTENDANCE REGISTER: 2
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST:
Mr. Clyde Cole, owner of the property, stated he wanted to have it rezoned to
Commercial in order to sell it.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST:
None
QUESTION AND ANSWER PERIOD:
Councilman Gray inquired as to the .proposed zoning on this particular piece of prop-
erty. It was stated that R-2 (Medium Density Single Family Dwelling District) is the
classification for this lot under the new proposed Zoning Map.
Councilman Tetens concerns were if we were going to create a commercial zone district
all the way down Hatfield Road.
City Attorney Luke Daniel advised that if the new proposed Zoning Map is adopted as
it, then this would constitute "spot zoning". He stated this would constitute a
tract of land that was treated differently without adequate justification from the
surrounding property; justification being the actual need for use of that property
and the actual use of the property surrounding it.
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION:
Mayor Reid read the following communication from the Planning and Zoning Commission:
June 12, 1985
The Honorable Mayor and City Council
City Hall
Pearland, Texas 77588
Gentlemen:
At the regular meeting of June 4, 1985, the Planning and Zoning Commission con-
sidered the request of Clyde Cole, Owner, Application No. 145, for an Amendment to
the Land Use and Urban Development Ordinance from classification Pre -Development (PD)
to Commercial (C). Motion was made by Charles Mack to deny Application No. 145 from
classification Pre -Development (PD) to Commercial (C). Motion was seconded by Bill
Teasdale. Motion carried 4-0.
The Planning and Zoning Commission is presenting this for Council's consideration.
Sincerely,
/s/ Leroy Savoie
Acting Chairman
Planning and Zoning Commission
LS/vc
HEARING ADJOURNED
COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY.
NEW BUSINESS: (Continued)
COUNCIL DECISION ON APPLICATION NO. 145, CLYDE COLE, OWNER:
Councilman Frauenberger stated that since this property is not bordered at the present
time by any other commercial piece of property he felt the Council should consider any
rezoning of this property at the appropriate time when the zoning ordinance is work -
shopped.
It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Applica-
tion No. 145 be denied.
Motion passed 3 to 1. Councilman Gray opposed.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS:
ORDINANCE NO. 246-105, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE - APPLICATION NO. 142 (AMENDED), BLAIR HAMILTON, AGENT FOR BENNIE ODDO, OWNER:
Ordinance No. 246-105 read in caption by Councilman Bost. (Second Reading)
It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No. 246-
105 be passed and approved on second and final reading. Said Ordinance No. 246-105 reads
in caption as follows:
ORDINANCE NO. 246-105
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 CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, and Council-
man Tetens.
Voting "No" - None
Motion passed 4 to 0.
APPOINTMENT OF MEMBER TO ZONING BOARD OF ADJUSTMENT:
It was moved by Councilman Gray, seconded by Councilman Bost, that Henry R. "Hank" Clore
be appointed as a member of the Zoning Board of Adjustment for a period of two years to
take effect immediately and to be sworn in.
Motion passed 4 to 0.
Mayor Reid advised that Mr. Clore was out of town and that he could be sworn in at the
next Council meeting or at the meeting of the Zoning Board of Adjustment if it is called
before the next Council meeting.
Bid No. B85-12 - Construction of Public Safety Facility
Bids were reviewed as follows:
UNIT PRICES CALENDAR ADDENDUM BID
CONTRACTOR BASE BID EXTRA CREDIT DAYS #1 BOND
AMISTAD CONSTRUCTION
$1,399,000.00
$85
$45
280
X
X
CIRCLE DOUBLE C
$1,474,000.00
$60
$40
300
X
X
DUNN & DUNN, INC.
$1,472,000.00
$75
$50
210
X
X
)YAD DEVELOPMENT CO.
$1,435,000.00
$135
$80
270
X
X
;D MEYER BUILDING CO.
$1,637,690.00
$3.61
$2.17
250
X
X
CONTRACTOR
BASE BID
UNIT
EXTRA
PRICES
CREDIT
CALENDAR
DAYS
ADDENDUM
#1
83
BID
BOND
FREEPORT CONSTRUCTORS
$1,469,900.00
$150
$75
360
X
X
J. I. RAMIREZ CONST.
$1,430,000.00
$100
$90
300
X
X
JAMAIL, INC.
$1,385,384.00
$90
$90
210
X
X
LABRADOR CONSTRUCTION
$1,460,000.00
$175
$60
275
X
X
LEBCO CONSTRUCTORS
$1,359,577.00
$45
$25
240
X
X
LYNN WATKINS CONST.
$1,498,000.00
$75
$50
300
X
X
SPAW-GLASS $1,482,000.00 $140 $55 320 X X
Mr. Joe Santopetro from Di Stefano Associates, architects on the new Public Safety
Facility, recommended to the Council that Lebco Constructors be accepted as the low
bidder. He stated that Lebco had constructed a number of their projects and they
were well pleased with them.
City Manager Wicker advised that the architects had estimated a square foot cost of
$69.00 and that Lebco's bid was $68.00 a square foot. We will have some funds avail-
able for the furnishing of this much needed facility.
It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Bid No.
B85-12 be awarded to Lebco Constructors in the amount of $1,359,577.00 to be paid
from the appropriate bond funds and that the Mayor be authorized to sign the contract.
Motion passed 4 to 0.
Bid No. B85-13 - Fire Hydrants
Bids were reviewed as follows;
COMPANY MAKE UNIT COST TERMS DELIVERY DATE TOTAL PRICE
MARQUE CORP. DRESSER $528.88 2% -10th 30 days $15,866.40
AQUA UTILITY
COMPANY KENNEDY $487.00 30 6-8 weeks $14,610.00
MUELLER CO MUELLER $557.15 Net 4-6 weeks $16,714.50
AME RI CAN
ROHAN CO DARLING $489_00 2% -10th 30 4-6 weeks $14,670.00
UTILITY SUPPLY
CO MUELLER $530.00 30 stock -4 weeks $15,954.60
MUNICIPAL PIPE
& FAB CO MUELLER $525.00 Net -15th 1 week $15,750.00
City Manager Wicker advised these fire hydrants were necessary to serve the area where
we were extending a 16" water line down Dixie Farm Road to Highway 35 back up Highway
35 to connect onto an existing main just south of Magnolia.
Taking into consideration the 2% discount allowed by the Rohan Company on their bid of
$14,670.00 which would make than the lowest bidder in the amount of $14,376.60, it was
recommended by City Manager Wicker that this company be awarded Bid No. B85-13.
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the Rohan
Company be awarded Bid No. B85-13 for unit cost price of $489.00 per unit with a 2%
in ten days payment which would make the net low bid be $14,376.60 and that the
bill be paid within ten days.
Motion passed 4 to 0.
AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH TEXAS PIPE LINE COMPANY FOR CON -
Director of Public Works Bill Thomasset advised this agreement is needed so that our
1, A
force main can cross the Texas pipe Line Company's pipeline and easement.
City Attorney Luke Daniel questioned the large amount of liability insurance they are
requesting; however, he advised that the agreement was in order and could be signed by
the Mayor.
It was moved by Councilman Bost, seconded by Councilman Tetens, that the Mayor be auth-
orized to execute the agreement with Texas Pipe Line Company for construction of a force
main across their pipeline and easement.
Motion passed 3 to 0. Councilman Gray absent from the Council Chambers at this time.
City Manager Wicker advised we would contact the pipe line company and, if possible,
try to get the amount of liability reduced.
RESOLUTION NO. R85-14, A RESOLUTION ACCEPTING RIGHT-OF-WAY EASEMENT DEED OUT OF LOTS
161, 162, 163, 164, H.T. & B.R.R. CO. SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS:
Resolution No. R85-14 read in full by Councilman Tetens.
It was moved by Councilman Tetens, seconded by Councilman Bost, that Resolution No.
R85-14 be passed and approved on first and only reading. Said Resolution No. R85-14
reads in caption as follows:
RESOLUTION NO. R85-14
A RESOLUTION ACCEPTING A RIGHT OF WAY EASEMENT
DEED FOR THE PURPOSES OF MAINTAINING A PUBLIC
WAY, OUT OF A 129.77 ACRE TRACT OF LAND, SAME
BEING LOTS 161 AND 162 AND PART OF LOTS 163
AND 164, H. T. & B. R. R. CO. SURVEY, ABSTRACT
551, BRAZORIA COUNTY, TEXAS.
Voting "Aye" - Councilman Tetens, Councilman Bost, and Councilman Frauenberger.
Voting "No" - None.
Motion passed 3 to 0. Councilman Gray absent from the Council Chambers at this time.
ORDINANCE NO. 246-106, AN ORDINANCE,AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE -
APPLICATION NO. 143, RON SLANK, AGENT FOR MARVIN F. PRIMROSE, OWNER:
Ordinance No. 246-106 read in caption by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance
No. 246-106 be passed and approved on first of two readings. Said Ordinance No. 246-106
reads in caption as follows:
ORDINANCE NO. 246-106
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 CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost and Council-
man Tetens.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 246-107, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE -
APPLICATION NO. 144, RONALD HAUSMAN, AGENT FOR CHARLES T. CORWIN, PAT R. GREEN, JAMES A.
KENT AND LARRY B. WILLIAMS, OWNERS:
Ordinance No. 246-107 read in caption by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Ordinance
No. 246-107 be passed and approved on first of two readings. Said Ordinance No. 246-107
Ee•
reads in caption as follows:
ORDINANCE NO. 246-107
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 CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Tetens, Councilman Bost, Councilman Frauenberger, and
Councilman Gray.
Voting "No" - None
Motion passed 4 to 0.
RATIFICATION OF APPOINTMENT OF CIVIL SERVICE COMMISSION MEMBER:
City Manager advised that a vacancy on the Civil Service Commission had been created
by the resignation of Member Dan Keller and that he would like to submit the name of
Jim Wood for Council's consideration to be appointed to the Commission. He further
advised that Mr. Wood was a local citizen and businessman in the community and that
he was willing to serve on the Commission.
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that we ratify
the appointment of Jim Wood to a three-year term of the Civil Service Commission.
Motion passed 4 to 0.
APPROVAL OF INVOICE FROM MAINLAND CONSTRUCTION IN THE AMOUNT OF $75,857.45 FOR
CONSTRUCTION OF F. M. 518 DRAINAGE CROSSING:
It was moved by Councilman Bost, seconded by Councilman Tetens, that invoice from
Mainland Construction Company in the amount of $75,857.45 be paid out of the appropri-
ate fund.
Motion passed 4 to 0.
AUTHORIZATION TO PROCEED WITH BIDDING FOR EXPANSION AND RENOVATION OF EXISTING SEWAGE
TREATMENT PLANTS:
City Manager Wicker advised that the plans for upgrading the Barry Rose and Longwood
Sewage Treatment plants have been completed and nearly approved by the State. Word
has been received from the Federal government stating that our permits are under con-
sideration and that until they can formally send the permits to us, they are basically
approved. City Manager Wicker stated that in order to expedite this matter and show
the State further that we have intent in trying to comply with their requirements that
he would recommend authorization to proceed with the bidding process for the expansion
and renovation of our existing Barry Rose and Longwood Sewage Treatment plants.
It was moved by Councilman Gray, seconded by Councilman Bost, to proceed with the bid-
ding process for the expansion and renovation of our existing Barry Rose and Longwood
Sewage Treatment Plants.
Motion passed 4 to 0.
OTHER BUSINESS:
1. EXCUSED ABSENCE FOR MAYOR REID FROM JUNE 10, 1985 REGULAR MEETING.
It was moved by Councilman Bost, seconded by Councilman Gray, that Mayor Reid be
excused from the June 10, 1985 Regular Council Meeting.
Motion passed 4 to 0.
2. MEETING RECESSED TO EXECUTIVE SESSION AT 9:40 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
SUBSECTION -(e) LEGAL - Contemplated and Pending"Litigation: (1) Article 1269m
V.A.T.C.S.; (2) Nunez and Beal vs. City; (3) State Solid Waste Disposal Permit.
- SUBSECTION (g) PERSONNEL - Council Appointee Review
3. MEETING RETURNED TO OPEN SESSION AT 11:00 P. M. - NO ACTION TAKEN.
ADJOURN:
The meeting adjourned at 11:00 P. M.
Minutes approved as submitted and/or corrected this day of
A. D., 1985.
Mayor
ATTEST:
City S retary